HomeMy WebLinkAboutA3833 - FAA LEASE RTR & VASI POWER MO 6009 FAA - Lease
RTR & VASI Power & Control
Airport
AGREEMENT #3833
"r°w�^era M06009, 7-30-97
(�:,jt-"�oap�op, FEDERAL AVIATION ADMINISTRATION
Cti�"S:i�r7n
Lease No.: DTFA08-97-L-17442
\\ Facility: RTR& VASI Power & Contro
U.S. Department Palm Springs Regional Airport
of Transportation Palm Springs, California
LEASE
Between
CITY OF PALM SPRINGS
and
THE UNITEID STATES OF AMERICA
This Lease, made and entered into this ` 0O L day of Q in the year 1 99�
by and between CITY OF PALM SPRINGS
who address is:
3400 East Tahquitz Canyon Way
Patin Springs, California 92262
for itself and its administrators, 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 PAGE 2)
Federal Aviation Administration Page 1
• Lease No.: D- 08-97-L-17442
LEGAL DESCRIPTION
RTR & VAST POWER & CONTROL
PARCEL "A" :
Being a portion of the Southwest one-quarter of Section 7, Township 4 South,
Range 5 East, San Bernardino Meridian and a portion of the Southeast one-
quarter of Section 12, Township 4 South, Range 5 East, San Bernardino Meridian
being more particularly described as follows :
Commencing at the centerline intersection of Tachevah Drive and Montalvo Way
as shown by Tract No. 12182 on file in Book 100 of Maps at pages 9 and 10
Official Records of Riverside County California:
Thence South 74' 20' 11" West a distance of 257.40 feet to the TRUE POINT OF
BEGINNING;
Thence South 00' 11' 03" West a distance of 20.00 feet;
Thence North 89' 48' 57" West, at right angles, a distance of 20.00 feet;
Thence North 000 11' 03" East, at right angles, a distance of 20.00 feet;
Thence South 89' 48' S7" East, at right angles, a distance of 20. 00 feet to
the POINT OF BEGINNING.
Federal Aviation Administration Page 2
• Lease No.: D*08-97-L-17442
(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 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.
2. TERM
For the terns beginning May 12, 1997 and ending Sep. 30, 1997.
This lease may, at the option of the Government, be renewed from year to year and otherwise
upon the terms and conditions herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for one (1) year unless the Government gives the
Lessor thirty (30) days written notice that it will not exercise its option before this lease or any
renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day
of September 2017.
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.
4. NON-RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the
Govermnent shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
properly which is the subject matter of this lease. It is further agreed that the Government may
Federal Aviation Administration Page 3
Lease No.: DOO8-97-L-17442
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 abandomnent will be conveyed by the Government to the
Lessor in writing.
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.
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or
future Govermment facilities covered by this Lease during its terra or any renewal thereof made
necessary by airport improvements or changes which in the Govermnent'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, finding responsibility shall be
determined by the Government.
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 Government's facilities. 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 Government's facilities.
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 Govermnent's use and enjoyment
of said premises against third party claims.
Federal Aviation Administration page 4
• Lease No : D*08-97-L-17442
9. 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. COVENANT AGAINST CONTINGENT FEES
The Contractor 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.
11. 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.
12. 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 a contractor 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, 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 dispute by the contractor 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.
Federal Aviation Administration Page 5
Lease No.: DIPA08-97-L-17442
13. 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.
14. 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):
TO LESSOR: City of Palm Springs
Palm Springs Regional Airport
3400 East Tahquitz. Canyon Way
Palm Springs, California 92262
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Real Estate & Utilities Team , AWP-54B
P.O. Box 92007, World Way Postal Center
Los Angeles, CA 90009-2007
15. The following are attached and made a part hereof: Sketch marked "EXHIBIT `A' "
16. The following changes were made in this lease prior to its execution: NONE.
Federal Aviation Administration Page 6
• Lease No.: DTF=fC08-97-L-17442
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
ATTEST: LESS R: CITY OF P INGS, CALIFORNIA
-/City Clerk
Title: City Manager
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
A � g Y � w �f^R
By l+4O C(ow-9c FEDERAL AVIATION ADMINISTRATION
a�-�v3c�
Contracting fficei, Real Estate
Title: & Utilities Team, AWP-54B
Date: /-�,c
Federal Aviation Administration Page 7
LEGAL DESCRIPTIONS :
PARCEL 'A'
Being a portion of the Southwest one-quarter of Section 7 Township a South, Range 5 East.
San Bernardino Meridian and a portion of the Southeast one-quarter Of Section 12. Township A
Saute. Range 5 East, San Bernardino Meridian being more particularly described as follows.
Commencing at the denterline nter5eCtion of Tacheveh Drive And MontalvD Mey As shown by
Tract No 12182 on tI IF In Book 100 Of Maps At pages 9 and 10 Official RCCOr05 Of A)"raffle
County California:
Thence South 74' 20 11' West a distance of 257 AO feet to the TRUE POINT OP BEGINNING;
Thence South 00' 11' 03' West a distance Of 20.00 feet.
Thence North 89' AB' 57- West. at right angles. a distance of 20.00 feet:
Thence North 00' 11' 03' East, at right angles, a distance of 20.00 foot;
Thence South 89' AB' 57' East, at right angles. a distance of 20 00 feet to the POINT OF
BEGINNING.
EASEMENT 'A'
Being a portion of toe Southwest one-quarter of Section 7, Township A South. Range 5 East.
San Bernardino Meridian being more particularly described as follows'
Commencing at the centerline intersection of TaCheven Drive and Montalyc May as shown by
Tract No 12162 on file In Book 100 of Wdps at pages 9 and 10 Official Records Of Riverside
County California:
Thence South JA' 20' 11' Nest a distance of 257 40 feet to the Nortneast corner of the above
mentioned PARCEL 'A',
Thence Worth 89' 48' 57' Nest along the North line of PARCEL 'A', a distance of 10.00 feet
to the POINT OF BEGINNING Of a 10 00 foot wide easement lying 5.00 feet each sloe of the
fallowing described centerline.
Thence North 00' 11' 03' East a distance of I4.54 feet t0 the southerly edge of an existing
paved access road and the end of this centerline descriotion
The sidelines of Said easement Shall be lengtheneo Or shortened to Commence along the North
line of PARCEL 'A' and terminate at the southerly e0ge Of the Owed access road,
EASEMENT 'B'
Being a portion of the Southeast one-Quarter of Section 12. Township A South. Range 5 East.
San Bernardino Meridian being more particularly described as follows'
Commencing at the centerline intersection of TaCheven Or)ve and Mxhtalyo May 45 Shown by
Tract No 12182 on file IP BOdk 100 Of Maps at pages 9 and 10 Official Records Of Riverside
County California.
Thence Smith Tie 20' 11' Nest a distance Of 257 40 feet t0 the NOrtneaSt corner of the above
mentioned PARCEL 'A'
Thence North 89' AS 57' Nest along the North line Of PARCEL 'A', a distance of 20.00 feet
to the Northwest corner Of Said PARCEL 'C;
Thence South 00' 11' 03' West, along the West line Of PARCEL 'A', a distance of 10 00 feet
to POINT OF BEGINNING of A 10 00 toot wide easement lying 5 00 feet aacn side OI the
following OescPIDeO centerline,
Thence Westerly along a non-tangent curve concave to the Nortneast having A Radius of
25 00 feet. a radial line to said curve pears North 00' 11 03' East, an arc distance of
17 10 feet. through a Central angle Of 39' 11 35', a radial line to said curve bears
North 39' 22 38' East to Easterly edge Of a paved access road and the end of this
Centerline aescrtpt ion
The sidelines Of Said easement shall be lengtnened or shortened to commence along the West
line of PARCEL 'A' and terminate at the Easterly edge of the paved access road
EASEMENT 'C'
Being a portion Of the Southwest one-quarter Of Section 7, TDmhihlP A South, Range 5 East.
San Bernardino Meridian being more particularly described as to11pN5:
Commencing at the centerline intersection of Tacnevah Drive and MdntalvD Way as shown by
Tract NO 12182 On file In Book 100 of Maps At Pages 9 and 10 Official Records of RlversiOt
County California:
Thence SOUth 74' 20' 11' West A distance Of 257 AO feet to the Northeast corner of the above
mentioned PARCEL 'A',
Thence South 00' 11' 03' West along the East line of PARCEL 'A', a distance Of 20.00 feet to
the 50utnNst corner of said PARCEL 'A'.
Thence North 89' 48' 57' West, along the South line of PARCEL 'A', a C35tenCe of 1.83 feet
to the POINT OF BEGINNING of A 12 00 foot wide easement lying 6 00 feet each side of the
iollewing DescrlbeO centerline.
Thence South 39' 05 00' East a distance of 712 21 feet and the And Of this Centerlihe aesriptior
The 5idelines of said easement shall be lengthened or shortened to Commence along the South
line of PARCEL 'A' and term Tnate at right angles to described centerline
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PLAT OF SUHvt Y
BEING A PDATIDN OF THE SOUTHWEST DNE-QUARTER OF SECTION 7,
TOWNSHIP A SOUTH, RANGE 5 EAST AND A PORTION OF THE SOUTHEAST
ONE-QUARTER OF SECTION 12, TOWNSHIP 4 SOUTM, RANGE 4 EAST,
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LT WELL BONN 2.5' FOUND NOTHING. FO. 2.00' NAIL TIES IN CAPPED MONIIIENT WELL, TAGGED ICE
FLUSH IN PAVEMENT ANO ESTABLISHED MARK ON CAP. 11236 PER M,B,100/9-10 L M.B.97/62.64.
ACCEPTED AS C/L INTER. PER M.B,100/9-10 G M,B 97/E2Y1. LD
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SURVEYORS LADIES
THE BASIS OF BEARINGS FOR THE SURVEY AND DESCRIPTIONS SH N HEREON
15 7HE CENTERLINE OF TACHEVAH DRIVE BETWEEN MONTALVO WAY AND
VALDIVA MAY BEING NORTH 09' 47 08' WEST AS SHOWN ON TRACT No 12182 ON
FILE 1N BOOK 100 OF MAPS AT PAGES 9 AND 10. OFFICIAL RECORDS OF RIVERSIDE
COUNTY. CALIFORNIA.
DENOTES SET 1 1/4' O.D IRON PIPE. FLUSH, TAGGED L.S. 4741 UNLESS OINERMISE NOTED ,.
DENOTES FOUND MONUMENTS AS NOTED,
i THE ELEVATIONS SHOWN HEREON ARE BASED DN THE CENTERLINE
MONUOWNTATION OF RUNWAY 13R/31L AS SHOWN ON CONSTRUCTION PLANS
u FOR IMPROVEMENTS TO PALM SPRINGS REGIDNAL AIRPDIT, CITY PROJECT No.
94-45 AIP PROJECT No, 3-06-0181-16' PREPARED BY ISEILL ASSOCIATES INC..
DATED MARCH 20, 1995. UNDATED FOR CONSTRUCTION 5110/95 INCLUDING ,
ADDENOUMS WE. TWO, AND THREE AND AMENDED 4127/95.
F BENCH MARK. ELEVATION 462.36 _
tr. FOUND BRASS DISK IN'MONUMENT_MELL AT STATION 60*43:57 CENTERLINE PUMYAY 13R/31L.
GEOGRAPHIC CODROINATES SHOWN HEREON ARE BASED ON THE CENTERLINE MUNDFENTATION
OF RUNWAY 13RIBIL AT STATIONS 68�43.57 AND 153.43 92 AS SHOWN ON 'AIAPORT
LAYOUT PLAN, SHEET 101 S. DATED AUGUST 5, 1994, REVISED 2/95 G 8/96, PLOTTED
2/14/S7 PREPARED BY ISEILL ASSOCIATES INC
SURVEYORS STATEMENT
THIS PLAT CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION AT
THE REDUE T OF RAYTHEON SUPPDRT SERVICES COMPANY ON APRIL 18, 1997
FR 40 LAND SU
F RICK A. ELLIOTT. P.L,S. 4TA1, EAp 9/3D/99 \��5�\CK A
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I POWER & CONTROL RELOCATION TRI-STATE LAND SURVEYDR£
T7A1 u CPATNGS, CA. AND CIVIL ENGINEERS
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