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Home My WebLink About01183 - FAA AIRPORT LEASE VASI VISUAL APPROACH SLOPE INDICATOR RUNWAY 12 FAA - Cancel Lease Agr for Visual Approach Slope Indi- cator for Runway 12 AGREEMENT #1183 US.Department M05347, 4-20-94 of Transportation Federal Aviation Administration CANCELLATION AGREEMENT It is hereby agreed that the Lease dated (Lease,license.agreement) October 21, 1975 bearing contract symbol No. DOTFA75WE-3282 entered into between City of Palm Springs and the United States of America for: Visual Approach Slope Indicator (VASI) for Runway 12 located at the Palm Springs Regional Airport, Palm Springs, California. shall terminate, effective as of April 1, 1994 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA r' � T� 14�_�City Manager Clerk Ci-ty CITY OF PALM SPRINGS UNITED STATES OF AMERICA, BY M SPRINGS R IOON� AIRPORT B �CLGQ i" y BAR1 ARRA MOREAU APPROVED AS TO FORM: CONTRACTING OFFICER REAL ESTATE & UTILITIES BRANCH g AWP-56B.3 C APPROVED BY 7H� �I t�' � U�V .. t t,,._ F 63,�j11 (4-81) Form FAA Form 167 dlr"y Attorney �� _ �•= 3Y� /-�-�' S/ DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION P. O. Box 92007, World Way Postal Center Los Angeles, California 90009 Lease No.:.D0 T-r'A75S7is.3282 VAST, runway 12 LEASE Palm springs, California FAA - to install a Visual Approach Slope Indicator On between Runway 12 lease .13 acre land AGREEMENT -0k1183(0rig 10-21-75) CHY OF PALP4 SP21£PIGS Res 4k11582, 10-15-75 and —THE UNITED STATES OF AMERICA This LEASE,made and entered into this ,�;{ �� day of { � in the year one thousand nine hundred and seventy-i=ive by and between C£TY Of PAU4 SPRINGS whose address is Pala Springs, California 92262 for itself and its s4s uccessors, and assigns, hereinafter called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginningO CT 2 1. m7,5 and ending June 30, 6/0 , the lessor hereby leases to the Government the following described property, hereinafter called the prem- ises, viz: (SE8 pAGi.' IA IV: DE15C 3'.PTLION) jy P FAA FORM 4423-2 (11-70) SUPERSEDES FAA FORM 410 Paga 1 i A V I V Oy y C)cd anc oi „�Canj,,e,-, "Lie of 77"L Z' "c-a c- 2f, "'Or"t- J.i' 2ooc:, 'Q SW on, 14 c 1, Y 0i1 z 4 c Pa,v C. t lv y 20 pT -1,"' �,,,OQ L DLL III Ad') a,,.na �.,o c,,vF, �,Y -lu '.-ee y -'-lo bn� lc -mod Lease No.:DOT-FA75WE-3282 a. Together with a right-of-way for ingress to and egress from the premises; A)MkNI"- fl4-JW X (yaiMxaliy> i&ilw�''pvaAmvevu"'Ye'(mgg C' i(%$��" X�� races ry Y / v n. g. vvvv yv v v vv �iaw��rXnXcX%ErSl�u�x�a�u��a6z�a�'aXr`fxFX��r�4'a ��ra�p m - ; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning', and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations, attach fixtures, and erect additions,structures, or signs, in or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the effective date of termination of this lease, or within 90 days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said fixtures, additions, structures, or signs. I 2. This lease may, at the option of the Government, be renewed from year to year and other- wise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for 1 year unless the Government gives the lessor 30 days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the prom- ises beyond the 30th day of June 19 95 F7fiLe3tY, ia C }eifieFi 5 3. The Government shall pay the lessor for the premises: No monetary consideration in t-he form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased f4=GlT_X_=G;1GD) for the term set forth in Article I above, and without cost: � ti< z for each annual renewal exercised by the Government hereafter. '�?ah�l axa tru t tll-�eftW_'n -etch xxxYxxxxxxxxxxXXnxtAl�xkt�=;n!QR-is&—,g1 . i t mmo'rx.xm r iz. 4. T ., `M`_riukkS`s€ x'2t2YY. .w � kt-e' `.Sxl;kCz' .,+,urasi3t�,zRiK'irn��`.a '.,- ' •2drl��lii: :�:' �i,-4�1:.`'-�..X x? xx t? z< �hxscrixkxre kax sse xcrkn_xtisc � f s- 5. No Member of Congress or Resident Commissioner shall be admitted to any share or part, of this lease, or to any benefit to arise therefrom, Nothing, however,herein contained, shall be con- strued to extend to any incorporated company if the lease be for the general benefit of such cor- poration or company. Page 2 Lease DTo.:DOT-rA75wE-3282 i 6. The lessor warrants that no person or selling agency has been employed or retained to so- licit or secure this lease upon an agreement or undee•standing for a commission,brokerage,percent- age or contingent fee, except bona fide emplovecps or bona fide established commercial or selling agencies maintained by the lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the ri�ht to annul this lease without liability, or in its discretion to deduct from the contract price or consideration, the full amount of such commissions, brokerage, percentage,or contingent fee. 7. 'The Government shall surrender possession of the premises upon the expiration or the effective date of termination of this lease. If the lessor, by written notice at least 30 clays before the expiration or the effective date of termination requests restoration of the prem- ises, the Government XXYrM)0)�X>oMslrall within ninety (90) days thereafter, or within such add!- tional time as may be mutually agreed XA;gp)iXkj XX0MXrestore the premises to as good condition as that existing at the time of the Government's entering upon the premises under this lease (changes to the premises in accordance with paragraph 1 above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) Ya�X�`X�%e4�T��{7.(�aXd�(,iuXi;€dIY`� �cXyYr�i�ieX+��Xi�La�Xl�a��+4�izrst'��vYaf�e�o��f3(s�rYehXF��tvOf�ti�r�XOr/(�r�e ' , , , , ev /u ,l, , ,,, YkY ( (XCid,ufvsnYtid �zibt/$4 (vaeYwFYuXe� rFXlnYesYXe4Xi4Ec�iYiXlYtzt {;� Y ?YAt Yt1Q3�Xdr Slia i1� lb,wav ; s KtxdeiSX h )�i Li�� lv l� �rY%ii2eU dYs J Yef��17 v V vyv-, vV `✓� VV� l� v • XA / YeX,faen� oY�ve rnoxsW EgXr ynl Yt�W, i to a 4 e �l�uX rt� ' tier �Ir�BfM XXYIf yYX Z at��X%�vY Xo fi Xt �)4Y isrY �} Yr��aXnYitgYd 3f s �%tYri'X61 Revised as added below. y v� �vVV�/ yyyyy yy 8. (xXX ' ` / �,` X YY� `V ('N7` YY�uXdcYrXtikAa'e) 3X/4X!&V� X i1C?a2' r /�`Cii3L KJf �aA'tY YXiui(<i'�:dtidwzLk'tYkl(%sXL�XiLt��k�;(J4XiaXiXik1(r.No`�(Yi�oY� iv�X4Y�Xag�z��Yri�sxv'sX��i�l�cXi�X�1X1��Yt�r2. xlvurf�rri;�JEX°ifFali�X�x�IYd�Sifi��ns:QX4YiXsd�I�XI��Si`�Xon`(X�#vrXtin�Ylra�Y YrX�r�l'Fe�r+c�rssXF�i��ir5��z� 6j�, XtifrXr)ebmXdh34AX`bUIAfi$'35�(%�l`kXi/s,�ryr3ri(Yr3( G'X1 o ;s'� c( nX iesnX r)4h%�`�X X tr�iX $ire` t u�RI k�;4�#X�XaIXX�`'X`Yt;1'X�kkn1G�(� �;UX'Xw'�Nu`I3'tXdf/XQ'd11Y1(idt�Yy` Xt�HreXXs�o�X�X`�'1�iIsX"ro&`'XcYt/1`�,°eX:4hsfi(` z�t'ii�i�a��>'tYs XkYcX,X� X�K�tX>X�X3€�rXr`i;(�Y'A`�xk�Y�Xr.��XMI(�1?(z(�-'�'.;licY�kSXP�h`eX�rv.�rve`t Xi�ysX�Xp`3Xiit)ht�XtX�I(XtiYri!�Yys1�o. Y 3(�,b,"4XXT>�Y�(X1�X%� �i(X:XX�bkX�"i£�eXYX<XXrX•X1X�mX,�diYC�;(dYi4:'r,�iXxet;(X'XpY±�sszitr�tY��()f'G�YYL't�Xc(c"1;��fvYsia'li� 14XXXXXeIiSMXif �r#il�i z?t4XXXDlai3 �YdH1XYc ; XrYl�batEYtiY�Xdoirs) t?rinYFcvst] cx Ki1�XXtb,CbYdiXd(74 FY XcYXIk YX}X # l£4X X it k3S t t?�XXX (tib�X'iiCst f�)IX tvYeYd i M.XKK4� lnr`( ;LX 3fai��(' }bK�1XEhYt4zS�>ti4i�t<'si{�1��&�i1,YIXyY�;§�X°�Ei�YYe"s�icxeS'rckXerY;FdMi4ilrXtY"- ;SdGAtif%�lm�kx��"e�,YXy(Y�vi�'X v vN, i`a;'�� i(Xbl'reel'diY�itli'sX�ds's`aX/sar�CI)U's,Yv"f�ts(u�}'c3(lit,a��i6Y3itY,cXv1�;4aXtXe�:n�':Y�YrdAa„��/,t'o�va� .��.e� r� 3`1(�rYY�(�YXcXi;r`tsia`j1p`k�1(��i�'S'rr"g"�'fti�4YrYe�A�is�*Yb.��'Y�I,�Yr�'.}a'di"oX]n`�\�'u�/ii�2�YX X�fiX ie�`s'o�1��al�lii•+�r��i4�iXiX ��ii4�'�X�XE1rYfE1��X1XEi;£��,ift�.m`ea%;rYt�eXkXaiX��of X-,Xi�cX vAXii�c?(�Yi9rX#��(X3(i%E�fXti}t��u��l�i��nyb(%'G'I�`6�� (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as malting final the decision of any administrative official, representative, or board on a question of law. 8 (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agree- ment shall be decided by a three person arbitration team. One member of the team shall be selected by the City; one member shall be selected by the Secretary or his duly authorized representative; and the third member shall be selected by those two already approved. Page 3 .f'i _ f . ,.S/�1�/ LEA = r C p r 700i ._.......................... CIE ! `_ "WON • AC NO: 150/5300-7B of T RANSP��s DATE: 8 Nov 72 9� z ADVISORY p O * G TE5 OF CIRCULAR ST-7 P DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SUBJECT: FAA POLICY ON FACILITY RELOCATIONS OCCASIONED BY AIRPORT IMPROVEMENTS OR CHANCES 1. PURPOSE, To reaffirm to the aviation community the FAA policy governing responsibility for funding relocation, replacement and modification to air traffic control and air navigation facilities that are made necessary by improvements to changes to the airport. The term "airport owner" used herein refers to the political subdivision, military service, or other authority responsible for airport operations and improvements. • 2. CANCELLATION: AC No, 150/5300-7A effective 27 Sep 71 is cancelled. 3. CLASSES OF FAA FACILITIES, FAA facilities located on airports and sub- ject to the funding policy of this circular, are classified as follows: a, Class 1. This class includes the facilities and components that are exclusively used in support of the airport or from which primary benefits are derived by the airport since the facility is located thereon. Examples are: Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar Instrument Landing System and Components Approach Lighting Systems and Components Visual Landing Aids Direction Finding Equipment VOR, TVOR and VORTAC used for Instrument Approach Weather Observing and Measuring Equipment (owner and operated by FAA) Central Standby Power Plant • Initiated by: ABU-10 AC 150/5300-7B 8 Nov 72 b. Class II. This class includes the facilities and components that • service a wide area and aria_ located on the airport as a matter of convenience. Examples are: Long Range Radar Air Route Traffic Control Centers Peripherals (Remote Control Air-Ground Communication Facility) VOR and VORTAC (enroute only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet 4. RESPONSIBILITY FOR FUNDING. a. The Airport Owner. (1) The airport owner is expected to pay (and the agency shall not pay any part of the costs other than might be provided under Airport Development Aid Program funding) for the relocation, re- placement or modifications of FAA air traffic control and air navigation facilities or components thereof made necessary by airport improvements or changes, when: (a) Class I facilities must be relocated, replaced or modified because the airport improvement or change impairs the tech- • nical and operational characteristics of the FAA facility. (b) Class I facilities must be relocated; replaced or modified to permit the extension of runways or construction of new runways and taxiways or other improvements to the existing airport facilities; for example: expansion of parking areas, terminal buildings, and aircraft service areas. (c) The FAA has a jease, permit, license,, or other document covering Class II facilities that gives FAA a legal basis for requesting that the airport owner assume the cost of relocation. The foregoing are the normal circumstances under which financing responsibility should rest with the airport owner, however cir- cumstances other than the above will be determined on a case- by-case basis. (2) Where the airport owner grants other parties the right to con- struct hangars, other buildings, and/or facilities that impair or interrupt the technical and operational characteristics of air traffic control or navigation facilities, the agency expects the airport owner to pa;y for the relocation, replacement or modification of these facilities or components thereof. Payment to FAA may be made either from recovery of costs from the other parties or from other sources available to the airport owner. Page 2 Par 3 • 8 Nov 72 AC 150/5300-7B (3) The need for uninterrupted service from some Class I facilities is recognized. This will- require-special methods for accom- plishing the work in order to avoid interruptions of service. In such cases, funding for provision of temporary facilities re- quired to maintain continuity of service is expected to be the airport owner's responsibility. However, it is FAA policy to avoid modernizing or upgrading a facility at the airport owner's expense. b. The FAA. It is general FAA policy to fund the following: (1) Relocation into quarters provided by the airport owner when requested by FAA. (2) Relocation of Class II facilities, located on the airport but the presence is not authorized by a document described in 4.a. (1) (c) above, or the presence on the airport has been assured by un- written consent of the airport owner. (3) Relocation of facilities to meet FAA operational requirements or because of technical reasons that are inherent in the site .and not caused by airport improvements or changes. • (4) Modernization/expansion costs to meet FAA operational requirements. When a modernization/expansion project is undertaken concurrently with a facility relocation that the airport owner finances, FAA pays only for those costs which would have been expended to meet FAA needs, For example, upgrading an ILS/ALS from CAT. I to CAT. II, adding direct altitude and identification readout to ASR, expanding a tower facility to accommodate ARTS III, etc_. , concurrent with a relocation of the existing facility that is financed by the airport owner. (5) Relocation of Class I facilities to a new or another existing airport meeting the necessary physical and operational require- ments to qualify for Class I facilities, when the receiving airport will replace the airport from which the facilities are being relocated. (6) Relocation of Class I facilities, upon recognition by FAA of the necessity for a new or newly designated instrument runway on the same airport, in order to achieve more effective use of these facilities, except in the case of a new runway covered by 4.a. (1) (b) . (7) Flight inspection required for relocation of facilities where the airport owner is one of the military services (Friendship Agree- ment) . • Par 4 Page 3 AC 150/5300-7B 10$ Nov 72 c. Other Funding. In the event that relocations, replacements or modi- • fications of facilities are necessitated due to causes not attributable to either FAA or the airport owner, funding responsibility shall be determined by the FAA on a case-by-case basis, 5. ACCOMPLISHMENT OF WORK. a. Responsibility. FAA shall have exclusive right to determine how all facets of the relocation of an FAA facility will be accomplished. This includes but is not limited to the engineering; site selection, procurement of equipment, construction, installation, testing, flight inspection and recommissioning of the facility. b. Reimbursable Agreement. The airport owner and FAA shall negotiate a reimbursable agreement setting forth all essential elements pertinent to the relocation, replacement or modification of an FAA facility, The agreement shall stipulate that in the event actual cost is less than the estimated cost, the sponsor will pay only the actual costs; similarly, if actual cost exceeds FAA estimated cost, the sponsor will pay the, actual cost. J. H. SHAFFER Administrator • DEPARTMENT OF TRANSPORTATION PI';DI;DAL AVIATION D.C. 2I5TRATION POSTACD AND rZES PAID Washington, .O. 0591 DeNennu nvnAxIoN OOicial Dusineiss i ADDVNISTRMON DOT 615 PENALTY FOR PRIVATE.USE, $300 Page 4 Par 4 Lase No.: 9. This lease is subject to the additional provisions set forth below, which are made a part hereof, and identified as follows: a. The initial term of this lease shall be as stated in Article 1. Subsequent terms, if the renewal terms of Article 2 are exercised, are: (1 ) duly 1 , 1976 through September 30, 197'6; (2) October 1 , 197E through September 30, 1977; (3) and thereafter from October 1 through September 30 of succeeding 'Fiscal years. b. Article 2 of this lease is modified to read. . . .PROVIDED that no renewal thereof shall extend til; period of occupancy of the premises beyond the 30th day of September 1995. c. In the event the relocation, replacement of modification of FAA air 'traffic control and air navigation facilities or components thereof are made necessary by airport improvement or changes, 'the Lessor agrees to the provisions of FAA Advisory Circular Wo. 150/5300-7C, dated i9ovember F, 1972. d. Irrelevant wording on Page 1 and in Articles 2, 3, and 7 was deleted prior to execution. Articles 4 and Sa were deleted in their entirety. Page 1A, Advisory Circular Sketch and revised Section 8a were added prior to execu- tion of this lease. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage, dated______________ CITY OF PALM SPP.INI GS ----------------------------------------------- recorded in Liber J- gages -- ---- - ------- --------------------- -------- -------• d?. Fld0 A. SL(DG k4SC it (Loss or) against the above-described premises, the un- g-lY_ _MA19AG_2i__-_ -_____dersigned hereby consents to the foregoing (Lossor)lease and agrees that, if while the lease is in ----------- - - -------------------------------------- force the mortgage is foreclosed, the foreclo- TH SUS€CH (Lessor) sure shall not void the lease. DLYUrk_ IT_I_CzrZi{--------------------------------------------------- (Lessor) _— __—_-_________ _ (Mortgagee) (Lessor) THE UN T ST TES 0 A RICA S B ---- - ---- �F / l l /) L✓' -- - ---------------- (Notary Seal) � - R J. ICroeger, Chief 99 on �. I�eP a" '•,' `f Q�tY y'�-d�' CW"if°w ;'�,�,a ,i.-��q --------- """. — f�.- --------- --- Page 4 US GCVLRNMEH,UalNl ..11�.l RESOLUTION NO. 11582 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT WITH THE UNITED STATES OF AMERICA, ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION , FOR LEASE OF APPROXIMATELY . 13 ACRE OF AIRPORT LAND WHEREAS, the City of Palm Springs owns and operates Palm Springs Municipal Airport; and WHEREAS, the City is desirous of improving the navigational aids available on the airport; and WHEREAS, the United States of America, acting through the Federal Aviation Administration desires to install a Visual Approach Slope Indicator for use on Runway 12; NOW THEREFORE BE IT RESOLVED that an agreement between the City of Palm Springs and the United States of America, acting through the Federal Aviation Administration, calling for the lease of approxi- mately . 13 acre of airport land, subject agreement also being known as DOT Lease No. DOT-FA75WE-3282, be approved. ADOPTED this 15th day of October 1975. AYES: Councilmen Beirich, Field, Garcia and Mayor Poster NOES : None ABSENT: Councilman Schlecht ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Is/ J. Sumich Is/ Donald A. Blubaugh Deputy City Clerk City Manager REVIEWED & APPROVED 16 b