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Home My WebLink AboutA3369 - FAA LAND LEASE AIRPORT MO5348 FAA Land Lease - VASI Visual Approach Slope Indic- ator - Runway 13R AGREEMENT #3369 M05348, 4-20-94 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION REAL ESTATE AND UTILITIES BRANCH, AWP-56 P. 0. BOX 92007, WORLDWAY POSTAL CENTER LOS ANGELES, CALIFORNIA 90009-2007 LEASE NO: DTFA08-94-L-14416 PALM SPRINGS VASI, RWY 13R PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALIFORNIA W4ff5` 7 LEASE between CITY OF PALM SPRINGS and THE UNITED STATES OF AMERICA This lease, made and Entered into this � ,�n- day of C in the year one-thousand nine-hundred and ninety by and between CITY OF PALM SPRINGS whose address is: 3400 E. TAHQUITZ CANYON WAY PALM SPRINGS, CALIFORNIA 92262 for itself and its successors and assigns, hereinafter called the Lessor, the UNITED STATES OF AMERICA, hereinafter called the Government: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. WITNESSETH: For the term beginning October 1, 1993 and ending September 30, 1994, the Lessor, hereby leases to the Government the following described real property, hereinafter called the premises, viz: See Page 2 for Legal [Description and Attachment "A" Plot •age 2 of 8 Lease No: DTFA08-94—L-14416 PALM SPRINGS VASI 13R PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALIFORNIA,,9..04,05- VASI - RUNWAY 13R PALM SPRINGS, CA. DDWN W-IND VASI UNIT Beginning at a point 690 Eeet 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 VASI units . 0 Page 3 of 8 Lease No: DTFAO8-94-L-14416 PALM SPRINGS VASI 13R PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALIFORNIA-9-0405 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 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. 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 thereof shall extend the period of occupancy of the premises beyond the 3Oth day of September 2003. 3. The Government shall pay the Lessor (City of PALM SPRINGS) 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 the facilities upon the premises hereby leased, for the term set forth n Article 1 above, and without cost each annual renewal exercised by the Government hereafter. Page 4 of 8 Lease No: DTFAO8-94-L-14416 PALM SPRING VASI 13R PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALIFORNIA 90495- 4. The Government may terminate this lease, in whole or in part, at any time by giving at least 90 days notice in writing to the Lessor. 5. The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor by written notice at least 30 days before the date of expiration or termination requests restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional 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 initial entry upon the premises under this lease or any preceding lease (changes to the premises in accordance with paragraph 1.(a), 1.(b) and 1.(c) above, ordinary wear and tear, damage by nature 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 6 of this lease. (a) Thiis lease is subject to the Contract Disputes Act of 1978 (Public Law 95- 563). (b) Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. (c) (i) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of lease terms, or other relief, arising under or relating to this lease. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purpose of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. Page 5 of 8 Lease No.: DTFAO8-94-L-14416 PALM SPRINGS VASI 13R PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALFORNIA 90405 (iii) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. (d) For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. (e) For Lessors claim of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. (f) The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. (g) The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. (h) Interest on the amount found due on a Lessor claim shall be paid from the date of the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365 or 366 day year, whichever applies. (i) Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. Page 6 of 8 Lease No.: DTFAO8-93-L-14416 PALM SPRINGS VASI PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALIFORNIA90405- y�iva- 7. 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. 8. The Lessor warrants that no person or selling agency has been employed or retained the solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage 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 amounts otherwise due under this lease or other consideration, the full amount of such commission, brokerage, percentage, or contingent fee. 9. All notices'sent to the parties under the lease shall be addressed as follows: To The Lessor: CITY OF PALM SPRINGS PALM SPRINGS REGIONAL AIRPORT 3400 E. TAHQUITZ CANYON WAY PALM SPRINGS, CALIFORNIA 90405 To The Government: DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION REAL ESTATE AND UTILITIES BRANCH, AWP-56B P.O. BOX 92007, WORLDWAY POSTAL CENTER LOS ANGELES, CALIFORNIA 90009-2007 10. This lease is subject to the additional provisions set for below, or attached hereto and incorporated herein. These additional provisions are identified as follows in paragraphs 10. Page 7 of 8 Lease No.: DTFAO8-94-L-14416 PALM SPRINGS VASI , RWY 13R PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALIFORNIA..904fl6- a. The airport owner agrees that any relocation, replacement, or modification of the Palm Springs VASI-13R components thereof covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities, will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. b. 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 Palm Springs VASI, 13R Runway. 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 Palm Springs VASI. Page 8 of 8 Lease No: DTFAO8-93-L-14416 PALM SPRINGS VASI, RWY 13R PALM SPRINGS REGIONAL AIRPORT PALM SPRINGS, CALIFORNIA IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. ATTEST: CITY OF PALM SPRINGS AVIATION DEPARTMENT PALM SPRINGS REGIONAL AIRPORT City Clerk Title: City Manager APPROVED AS TO FORM: Date: Cit Attorney THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: X4�"Icu ct- �)41577� Title: CONTRACTING OFFICER Date: MAY APPROVED BY THE Cf3'V`'COUNCIL p4L.m SPRINGS, CA- �UjJG�ftk" f� � VASZ WAS- C -I G CL � � 4 l - ❑5' u5' n5� �0 r / baaJ Jrntcl M,bbLE upNlwb �-pEEs+fatr} VHsi VrksS Jksr SS 11 uN? UN r r l,S[rT 1