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RESOLUTION NO. 11581
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING SUPPLEMENTAL AGREEMENT NO. 1 ,
TO AGREEMENT NO. 1005 BETWEEN THE CITY OF PALM
SPRINGS AND THE UNITED STATES OF AMERICA ACTING
THROUGH THE FEDERAL AVIATION ADMINISTRATION
WHEREAS, the City of Palm Springs owns and operates Palm Springs Muni-
cipal Airport; and
WHEREAS, the City Council of the City of Palm Springs on November 14,
1973, approved Agreement No. 1005 with the United States of America,
acting through the Federal Aviation Administration, resulting in the
installation of a Visual Approach Slope Indicator (VAST) ; and
WHEREAS, the VASI unit was attached to City-provided electrical power,
for which the United States of America now wishes to make monthly reim-
bursement including reimbursement in arrears,
NOW THEREFORE BE IT RESOLVED that Supplemental Agreement No. 1 to
Agreement No. 1005, calling for monthly reimbursement of electrical
costs including reimbursement in arrears, is approved.
ADOPTED this 15th day of October 1975.
AYES: Councilmen Beirich, Field, Garcia and Mayor Foster
NOES: None
ABSENT: Councilman Schlecht
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By Is/ J. Sumich /s/ Donald A. Blubaugh
Deputy City Clerk City Manager
REVIEWED 8L APPROVED
15 b
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FAA - lease agr for .032 acre of
Airport for VASI
DEPARTMENT OF TRANSP( AGREEMENT #1005 (Original 10-15-73)' r
FEDERAL AVIATION ADMINIS„R.05 #10915, 11-14-73 - t
P. 0. T?OX 92007, WaRTD WAr POSTAL CrITIM k
LOS AWFLES, CALIFOrNTA 90009
Lease No.: DM-FAWVEµ2494
VAST-6, RUNWAY 3')
LEASE PALM SPRTNCS, CALTFORNIA
between
CITY CIF PALM SPPUNCS
and
THE UNITED STATES OF AMERICA
This LEASE,made and entered into this day of
in the year one thousand nine hundred and re.,ren"y-three
by and between CITY OF PALO SPRINGS
whose address is Palm Springs, Call Zar°'ia 02262
for itself and its heirs, executors, administrators, successors, 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 beginning October 15, 1973nd ending June 30, 19 74 , the lessor
hereby leases to the Government the following described property, hereinafter called the prem-
ises, viz:
Three (3) 15 fool; by 30 foot and one (1) 10 foo,, "�y IO foot plots of Land with
easements for buried power lines between plots, lying within bOlmdaries of the
Palm 'Springs Municipal Airport, Palm Springs, Gslifornia, located within Section
1£,, Township 4 South, Ran(,e 5 East San Bernardiao Rase and Meridian, and Vein-
further described as below.
VAST Licht Bar Plots
Downwind Bar Plot
Commencing at the southeast corner of Section 18, Township 4 South Rinte 5
East, San Bernardino Base and Meridian; thence N 89* 41' 0011 W 719.6 feet
mare or less along the South boundary of Section If to a point; thence
N 360 32' 30" W 1265.0 feet more or less to a point, said point being; at the
approach end' of Runway 30 o:f the Palm Sprin; s Municipal Airport and on the
centerline of said Pwnway 30; thence W 37° 00' W 695.0 feet along; said 'Runway
FAA FORM 4423-2 (11-70) SUPERSEDES FM FORM 413 (Continued on Pate IA)
Page 1
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Lease No.:DOT-FA74WE-2694
a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way
or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric
power, and telecommunications facilities to the premises; 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.
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 prem-
ises beyond the 30th day of June.199 3 ;AND PROVIDED FURTHER,that adequate appropri-
ations are available from year to year for the payment of rentals.
3. The Government shall pay the lessor for the premises" No monetary corsideratSmz in the
form of rental, it being mutually a;'reed that Z;Na r,,gb.ts extended to the rn,=ernment herein are
in consideration of the obligations n,5vmrjied by tine CxoveiPr.aent in its establ slit1e'nt, operation
Ind maintenance of facilit:ues upon the premise-, hereby leased g0=XXXXXXXXXW
for the term set forth in Article 1 above, and
X{ XsC)PXR for each
annual renewal exercised yby the Government hereafter. X'k7,�iYAk1�r IP Jifilt
4.'111MMUMMINUaft
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
Oease No.:
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 understanding for a commission,brokerage,percent-
age or contingent fee, except bona fide employees 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 right 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 15
days before the expiration or the effective date of termination requests restoration of the prem-
ises, the Government at its option shall within ninety (90) days thereafter, or within such addi-
tional time as may be mutually agreed upon, either (1) restore 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)
or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the
premises or the diminution of the value of the premises if unrestored, whichever is less. Should
a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental
agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall
be a dispute concerning a question of fact within the meaning of Clause 8 of this lease.
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 agreement shall be decided by the
Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy
thereof to the lessor. The decision of the Contracting Officer shall be final and conclusive unless
within 30 days from the date of receipt of such copy, the lessor mails or otherwise furnishes to
the Contracting Officer a written appeal addressed to the Secretary, Department of Transporta-
tion. The decision of the Secretary or his duly authorized representative for the determination
of such appeals shall be final and conclusive unless determined by a court of competent jurisdic-
tion to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to
imply bad faith, or not supported by substantial evidence. In connection with any appeal proceed-
ing under this clause, the lessor shall be afforded an opportunity to be heard and to offer evidence
in support of its appeal. Pending final decision of a dispute hereunder, the lessor shall proceed dili-
gently with the performance of the contract and in accordance with the Contracting Officer's
decision.
(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.
Page 3
Lease No..
9. This lease is subject to the additional provisions set forth below, which are made a part
hereof, and identified as follows:
10. In the eJent: ?.h ,elncar,;.rn, rnl;'l.aconnnt a•,. c;vr .."i.cci: .c.r. of FAA Air Traffic
Control avid n-Sv na;xigai:t.on 3`,r-.fi:i.:.3E:ie;; oL caaanonents thereof, are mane necessary*
by Airport inlprovemeo.t or changer,, t''ee Le(Iu;or. agrees to the provi.piems of FAA,
Advisory Girc;z'^r '.'To. 1.5V,?rta.. R, tat: ? Id = emt.er , 1972.
11. A*Lrei n; on, 11,„e 1. .nt3 lx Aii."t%cle 2 n^n() S%!?.t 4,eirt nr Article 11
VAS r3raletne i"n its ont.q--'I'e'.t'67' +-�'vticl1..o .t 0, 11.E nnit 303,*t ve-re wLrt,!:�IC.t� air "o
esecnt.ion of this U-4sa.
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-------------- CIT`.Z OF PALM SPRINGS
----------------------------------------------- recorded in Liber /
------------------------------- pages -------------_---------- (Lessor)
against the above-described premises, the un- 'fa,4're-;-- City Manager___ __ _____ _ ___ _________
- --------
dersigned hereby consents to the foregoing (Lessor)
lease and agrees that, if while the lease is in -___-_--_-___________-_____-________-__---_--_-______-______
force the mortgage is foreclosed, the foreclo- (Lessor)
sure shall not void the lease.
----------------------------------------------------------------------
(Lessor)
--------------------------------------------------
(Mortgagee) (Lessor)
THE UNNIITTED STATES OF AME�(',tl
BY —/-- - — ---------- ------------'
(Notary Sea]) Title_ 'eaL__F-atate_—1 tilit _-^;=a e h_,--17C1L'^56
r LIE( s
Page 4 .. s GOVERNMENT PRINTING OFFICE ".
CORPO .�'A�c rg'ERTlricrB
If agreement is made with a corporation, the following certificate
shall be executed by the secretary or assistant secretary:
I, JUDITH SUMICH certify that I am the
Deputy City Clerk of the
corporation named 'in the attached agreement; that Donald A. Blubaugh
who signed said agreement on behalf of the corporation was then
City Manager of said corporation; that said agreement
was duly signed for and in behalf of said corporation by authority
of its governing body, and is within the scope of its corporate
powers . -
CORPORATE SEAL
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65�
N
RESOLUTION NO. 10915
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
APPROVING A LEASE BETWEEN THE CITY OF PALM SPRINGS
AND THE UNITED STATES GOVERNMENT, THROUGH THE FEDERAL
AVIATION ADMINISTRATION
WHEREAS, the City of Palm Springs owns and operates Palm Springs
Municipal Airport, and
WHEREAS, the Federal Aviation Administration of the United States
Government has installed a VASI (Visual Approach and Slope Indica-
tor) System which improves the quality of navigational aids at
the Airport, and
WHEREAS, the City desires to lease .032 acre of land to the United
States Government in return for F.A.A. inspection and maintenance
of the VAST ,
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of
Palm Springs does hereby enter into Agreement No. 1005 with the
United States of America, acting through the Federal Aviation Ad-
ministration.
ADOPTED this 14th day of No,7ember 1973.
AYES : Councilmen Beirich, Foster, Garcia & Mayor Wiefels
NOES: None
ABSENT: Councilman Schlecht
ATTEST: CITY OF PALM SPRINGS
D. A. Blubaugh
City Clerk
By s/J. Sumich s/Donald A. Blubaugh
Deputy City Clerk City Manager
APPROVED AS TO FORM: CONTTEIVTS APPROVED:
/ o
City AVrney Director, Tran port tion/
and Operations /
Date /�—�'— 73 Date // — -7— -
38
• AC NO. 150/5300-7B
of TRq DATE. 8 Nov 72
ADVISORY
4P 9�O
Z
2'T�O STATES Of CIRCULAR
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SU BIECT. FAA POLICY ON FACILITY RELOCATIONS OCCASIONED BY AIRPORT
IMPROVEMENTS OR CHANGES
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 I. 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 are 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 lease, 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 pay 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 I 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. (l) (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 0 08 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, I
i
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,
S. H. SHAFFER
Administrator
DEPARTMENT OF TRANSPORTATION
rUDERAL AVIATION ADMINISTRATION
Washiagton, D.C. 20591 POSTAGE AND NEES PAID
FDDERAD AVIATION
O(fiCl¢l IillslPeeS ADMINISTEMON
DOT 515 LLS.MAIL
PENALTY FOR PRIVATE VST:,$300
Page 4 Par 4
26565