HomeMy WebLinkAbout3/5/2003 - STAFF REPORTS (2) DATE: March 5, 2003
TO: City Council
FROM: Executive Director-Airports
FEDERAL AVIATION ADMINISTRATION (FAA) LEASE AGREEMENT NO.'s DTFA08-03-L-
22296AND DTFA08-03-L-22298 RUNWAY 13R/31 L VISUAL APPROACH SLOPE INDICATOR
(VASI)
RECOMMENDATION:
It is recommended that the City Council approve FAA Lease No.'s DTFA08-03-L-22296
and DTFA08-03-L-22298 between the FAA and the City of Palm Springs for Visual
Approach Slope Indicators(VASI)for Runway 13R/31 L at the Palm Springs International
Airport.
SUMMARY:
FAA VASI Lease No.'s DTFA08-93-L-14200 and DTFA08-93-1446 are set to expire on
September 30, 2003. New FAA VASI Lease No.'s DTFA08-03-L-22296 and DTFA08-
03-L-22298 are submitted for Council consideration in order for the FAA to process the
agreements.
BACKGROUND:
The FAA, in order to house and operate VASI equipment and associated facilities, are
requiring new lease agreements between the City and the FAA. This navigational
equipment provides approaching aircraft with glide slope information necessary for
proper alignment with the main runways (13R/31 L) during landings, and is maintained
by the FAA. The term of the lease is October 1, 2003 through September 30, 2023.
Standard FAA lease agreements are submitted for your consideration.
The Airport Commission recommended City Council approval of the FAA VASI leases
for Runways 13R/31 L at its March 5, 2003 meeting.
pi
—BAPRY;4 'IFFY F( ALLEN F S OOT, A.A.E.
Assist n[ Director of Aviation
Executive Director-Airports
APPROVE i "�—P�
City Manager e ° '
Attachments: 1. FAA VASI 13R/31 L Lease Agreements
2. Minute Order
3. Minute Order
REVIEWED BY DEn OF FINANCE
FEDERAL AVIATION ADMINISTRATION
Lease No.: DTFA08-03-L-22296
Facility: Palm Springs, CA
U.S. Department VASI, Rwy 13R
of Transportation
ON-AIRPORT LEASE
Between
CITY OF PALM SPRINGS
and
THE UNITED STATES OF AMERICA
This Lease,made and entered into this day of in the year
by and between CITY OF PALM SPRINGS
whose address is:
3400 Tahquitz Canyon Way
Palm Springs, CA 92262
for itself and its successors, and assigns hereinafter referred to as 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. PREMISES
The Lessor hereby leases to the Government the following described property,hereinafter
referred to as the premises, viz.:
See Legal Description on Exhibits A and B
Federal Aviation Administration Page t !
Rev. 8/02
1
Lease No.: DTFA08-03-L-22296
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-
way for establishing and maintaining a pole line or pole lines for extending electric power and/or
telecommunication lines to the premises; and a right-of-way for subsurface power,
communication and/or water lines to the premises; all rights-of-way to be over the said lands and
adjoining lands of the Lessor, and unless hereh described otherwise, 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 Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or
signs 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 date of expiration or termination of this lease, or
within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or
purchasers of said alterations,fixtures, additions, structures, or signs. (1o196)
2. TERM
To have and to hold said premises with their appurtenances for the term beginning
October 1, 2003 through September 30, 2023 inclusive; The Government may terminate this
lease, in whole or in part, at any time, by giving thirty (30) days notice in writing to the Lessor.
Said notice shall be computed commencing with the day after the date of mailing. go/96)
3. CONSIDERATION
The Government shall pay the Lessor no monetary consideration in the 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. (jo/96)
4. NON-RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the
Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this lease. It is further agreed that the Government may
abandon in place any or all of the structures and equipment installed in or located upon said
property by the Government during its tenure. Such abandoned equipment shall become the
property of the Lessor. Notice of abandonment will be conveyed by the Government to the
Lessor in writing. go196)
Federal Aviation Administration Page 2 ��
Rev. 8/02
Lease No.: DTFA08-03-L-22296
1;
5. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect-or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that may
interfere with the proper operation of the facilities installed by the Government under the terms
of this Lease unless consent hereto shall first be secured from the Government in writing. (loi96)
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or
fiiture Government facilities covered by this Lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere with
the technical and/or operational characteristics of the Government facilities will be at the expense
of the Lessor, except, when such improvements or changes are made at the written request of the
Government. In the event such relocations , replacements, or modifications are necessitated due
to causes not attributable to either the Lessor or the Government, funding responsibility shall be
determined by the Government. (jo/96)
7. HAZARDOUS SUBSTANCE CONTAMINATION
The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of the VASI facility. The Lessor agrees to remediate,
at its sole cost, any and all other hazardous substance contamination found on the leased
premises. The Lessor also agrees to save and hold the Government harmless for any and all
costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on
the leased premises not directly attributable to the installation, operation and/or maintenance of
the VASI facility. (osioo)
8. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and rights of
ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of
said premises against third party claims. (loi96)
9. HOLDOVER
If after the expiration of the lease, the Government shall retain possession of the premises,
the lease shall continue in force and effect on a month-to-month basis. This period shall continue
Federal Aviation Administration Page 3
Rev. 8/02 ry 7
4
Lease No.: DTFA08-03-L-22296
until the Government has signed a new lease with the Lessor, acquired the property in fee or
vacated the leased premises. (10196)
10. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any
share or part of this contract, or to any benefit arising from it. However, this clause does not
apply to this contract to the extent that this contract is made with a corporation for the
corporation's general benefit. (10/96)
I I. COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide
employee or agency. For breach or violation of this warranty, the Government shall have the_
right to annul this contract without liability or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of the contingent fee. (l0/96)
12. ANTI-KICKBACK
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting,
or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to the United States or in the
contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
(10196)
13. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning
awards of contracts shall be resolved under this clause, and through the Federal Aviation
Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in
accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of
the FAA shall be considered a final agency decision only after the lessor or offeror has exhausted
their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution
System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of
the date that the protester was aware, or should reasonably have been aware of the agency action
or inaction which forms the basis of the protest. Unless otherwise stated in this contract, a
contract dispute by the lessor against the government shall be submitted to the Contracting
Officer within 1 year after the accrual of the contract dispute. Information relating to submitting
a protest or dispute will be provided by the Contracting Officer, upon request. (10/96)
Federal Aviation Administration Page 4 / A
Rev. 8/02 y
Lease No.: DTFA08-03-L-22296
14. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the
Lessor's heirs, executors, administrators, successors, and assigns. po/96)
15. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such other address as either party may designate from time to time by notice or correspondence to
the other) (1o/96):
TO LESSOR: City of Palm Springs
Palms Springs Regional Airport
3400 E. Tahquitz Canyon Way—OFC
Palms Springs, CA 92262
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Real Estate &Utilities Team, AWP-54B
P.O. Box 92007
Los Angeles, CA 90009-2007
16. The following are attached and made a part hereof:
Exhibit A—Legal Description; Exhibit B—Site Sketch.
17. The following changes were made in this lease prior to its execution: None.
This lease supersedes Lease No. DTFA08-94-L-14416, which expires by limitation on
September 30, 2003.
Federal Aviation Administration Page 5
Rev. 8/02 {�
r
Lease No.: DTFA08-03-L-22296
Y IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
LESSOR
(Signature)
(Official Title)
Date
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
j FEDERAL AVIATION ADMINISTRATION
By:
Contracting Officer, Real Estate &
Utilities Team, AWP-54B
Date:
Federal Aviation Administration Page 6 �/
Rev. 8/02 I
Lease No: DTFA08-03—L-22296
PALM SPRINGS VASI 13R
PALM SPRINGS REGIONAL AIRPORT
PALM SPRINGS, CALIFORNIA, 92262
VASI - RUNWAY 13R
PALM SPRINGS, CA.
DOWN WIND VASI UNIT
Beginning at a point 690 feet southerly of the threshold located
on the centerline of Runway 13R, proceed 115 feet easterly on a
line perpendicular to the runway centerline. This point
establishes the North-West corner of a rectangular area 50 feet
easterly by 20 feet southerly to be leased for the Downwind VASI
units .
MIDDLE VASI UNIT
Beginning at a point 1250 feet southerly of the threshold located
on the centerline of .Runway 13R, proceed 115 feet easterly on a
line perpendicular to the runway centerline. This point
establishes the North-West corner of a rectangular area 50 feet
easterly by 20 feet southerly to be leased for the Middle VASI
units .
UP WIND VASI UNIT
Beginning at a point 1810 feet southerly of the threshold located
on the centerline of Runway 13R, proceed 115 feet easterly on a
line perpendicular to the runway centerline:. This point
establishes the North-West corner of a rectangular area 50 feet
easterly by 20 feet southerly to be leased for the Up Wind VAST
units .
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FEDERAL AVIATION ADMINISTRATION
Lease No.: DTFA08-03-L-22298
Facility: Palm Springs, CA
U.S. Department VASI, Rwy 31L
of Transportation
ON-AIRPORT LEASE
Between
CITY OF PALM SPRINGS
and
THE UNITED STATES OF AMERICA
This Lease, made and entered into this day of in the year
by and between CITY OF PALM SPRINGS
whose address is:
3400 Tahquitz Canyon Way
Palm Springs, CA 92262
for itself and its successors, and assigns hereinafter referred to as 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. PREMISES
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, viz.:
See Legal Description on Exhibits A and B
Federal Aviation Administration Page 1
Rev. 8/02
M /o
Lease No.: DTFA08-03-L-22298
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-
way for establishing and maintaining a pole line or pole lines for extending electric power and/or
telecommunication lines to the premises; and a right-of-way for subsurface power,
communication and/or 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 otherwise, 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 aliindrance to the establislurrent and maintenance of Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or
signs 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 date of expiration or termination of this lease, or
within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or
purchasers of said alterations, fixtures, additions, structures, or signs. (jo/96)
2. TERM
To have and to hold said premises with their appurtenances for the term beginning
October 1, 2003 through September 30, 2023 inclusive; The Government may terminate this
lease, in whole or in part, at any time, by giving thirty (30) days notice in writing to the Lessor.
Said notice shall be computed commencing with the day after the date of mailing. go/96)
3. CONSIDERATION
The Government shall pay the Lessor no monetary consideration in the 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, po/96)
4. NON-RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the
Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this lease. It is further agreed that the Government may
abandon in place any or all of the structures and equipment installed in or located upon said
property by the Government during its tenure. Such abandoned equipment shall become the
property of the Lessor. Notice of abandonment will be conveyed by the Government to the
Lessor in writing. goI96)
Federal Aviation Administration Page 2
Rev. 8/02
1 ,411
Lease No.: DTFA08-03-L-22298
5. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that may
interfere with the proper operation of the facilities installed by the Govermnent under the terms
of this Lease unless consent hereto shall first be secured from the Govermnent in writing. (io/96)
6—FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or
future Government facilities covered by this Lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere with
the technical and/or operational characteristics of the Government facilities will be at the expense
of the Lessor, except, when such improvements or changes are made at the written request of the
Government. In the event such relocations , replacements, or modifications are necessitated due
to causes not attributable to either the Lessor or the Government, funding responsibility shall be
determined by the Government. (io196)
7. HAZARDOUS SUBSTANCE CONTAMINATION
The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of the VASI facility. The Lessor agrees to remediate,
at its sole cost, any and all other hazardous substance contamination found on the leased
premises. The Lessor also agrees to save and hold the Government harmless for any and all
costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on
the leased premises not directly attributable to the installation, operation and/or maintenance of
the VASI facility. (os/oo)
8. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and rights of
ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of
said premises against third party claims. (l 0I96)
9. HOLDOVER
If after the expiration of the lease, the Government shall retain possession of the premises,
the lease shall continue in force and effect on a month-to-month basis. This period shall continue
Federal Aviation Administration Page 3
Rev. 8/02
4 !Z
Lease No.: DTFA08-03-L-22298
until the Government has signed a new lease with the Lessor, acquired the property in fee or
vacated the leased premises. (!0/96)
10. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any
share or part of this contract, or to any benefit arising from it. However, this clause does not
apply to this contract to the extent that this contract is made with a corporation for the
corporation's general benefit. go196)
11. COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide
employee or agency. For breach or violation of this warranty, the Government shall have the
right to annul this contract without liability or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of the contingent fee. (10196)
12. ANTI-KICKBACK
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting,
or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to the United States or in the
contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
(10196)
13. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning
awards of contracts shall be resolved under this clause, and through the Federal Aviation
Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in
accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of
the FAA shall be considered a final agency decision only after the lessor or offeror has exhausted
their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution
System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of
the date that the protester was aware, or should reasonably have been aware of the agency action
or inaction which forms the basis of the protest. Unless otherwise stated in this contract, a
contract dispute by the lessor against the government shall be submitted to the Contracting
Officer within 1 year after the accrual of the contract dispute. Information relating to submitting
a protest or dispute will be provided by the Contracting Officer, upon request. (1o196)
Federal Aviation Administration Page 4
Rev. 8/02
1413
Lease No.: DTFA08-03-L-22298
14. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the
Lessor's heirs, executors, administrators, successors, and assigns. (po/96)
15. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such other address as either party may designate from time to time by notice or correspondence to
the other) (iol%):
TO LESSOR: City of Palm Springs
Palms Springs Regional Airport
3400 E. Tahquitz Canyon Way—OFC
Palms Springs, CA 92262
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Real Estate &Utilities Team, AWP-54B
P.O. Box 92007
Los Angeles, CA 90009-2007
16. The following are attached and made a part hereof:
Exhibit A—Legal Description; Exhibit B— Site Sketch.
17. The following changes were made in this lease prior to its execution: None.
This lease supersedes Lease No. DTFA08-94-L-14200, which expires by limitation on
September 30, 2003.
Federal Aviation Administration Page 5
Rev. 8/02
Lease No.: DTFA08-03-L-22298
IN WITNESS WIIEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
LESSOR
(Signature)
(Official Title)
Date
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By:
Contracting Officer, Real Estate&
Utilities Team,AWP-54B
Date:
Federal Aviation Administration Page 6
Rev. 8/02
j � lS
LEASE NO: 0-TrA08-03-L-22298
PALM SPRINGS VASI, WY 31L
PALM SPRINGS REGIONAL AIRPORT
PALM SPRINGS, CALIFORNIr92262
VASI - RUNWAY 31L
PALM SPRINGS, CA.
DOWN WIND VASI UNIT
Beginning at a point 492.5 feet northerly of the displaced
threshold located on the centerline of runway 31L, proceed 118
feet westerly on a line perpendicular to the runway centerline.
This point establishes the south - east corner of a rectangular
area 30 feet westerly by 15 feet northerly to be leased for the
downwind VASI units.
Plot contains an area of 0.010 acres more or less.
MIDDLE VASI UNIT
Beginning at a point 1192.5 feet northerly of the displaced
threshold located on the centerline of runway 31L, proceed 118
feet westerly on a line perpendicular to the runway centerline.
This point establishes the south - east corner of a rectangular
area 30 feet westerly by 15 feet northerly to be leased for the
middle VASI units.
Plot contains an area of 0.010 acres more or less.
UP WIND VASI UNIT
Beginning at a point 1892.5 feet northerly of the displaced
threshold located on the centerline of runway 31L, proceed 118
feet westerly on a line perpendicular to the runway centerline.
This point establishes the south - east corner of a rectangular
area 30 feet westerly by 15 feet northerly to be leased for the
up wind VASI units .
Plot contains an area of 0.010 acres more or less.
E%HIBIT A
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MINUTE ORDER NO,
APPROVING LEASE NO. DTFA08-03-L-22296 BETWEEN THE
FAA AND THE CITY OF PALM SPRINGS FOR VISUAL
APPROACH SLOP INDICATOR(VAST) FOR RUNWAY 13R AT
THE PALM SPRINGS INTERNATIONAL AIRPORT.
I HEREBY CERTIFY that this Minute Order,approving Lease No. DTFA08-03-L-
22296 between the FAA and the City of Palm Springs for Visual Approach Slope
Indicator (VAST)for Runway 13R at the Palm Springs International Airport, was
adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 5`h day of March, 2003.
PATRICA A SANDERS
City Clerk
19
MINUTE ORDER NO.
APPROVING LEASE NO. DTFA08-03-L-22298 BETWEEN THE
FAA AND THE CITY OF PALM SPRINGS FOR VISUAL
APPROACH SLOP INDICATOR (VASI) FOR RUNWAY 31 L AT
THE PALM SPRINGS INTERNATIONAL AIRPORT.
I HEREBY CERTIFY that this Minute Order,approving Lease No. DTFA08-03-L-
22298 between the FAA and the City of Palm Springs for Visual Approach Slope
Indicator (VASI) for Runway 31 L at the Palm Springs International Airport, was
adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 51h day of March, 2003.
PATRICA A SANDERS
City Clerk
1G