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Home My WebLink About03044 - AIRPORT FAA TRAFFIC CONTROL TOWER Amend #1, - FAA Lease LEA.*MODIRICATION/SUPPLEMLW Temp Air Traffic Control Tower AGREEMENT #3044 Nodification/SupplementNo. Lease Contract Elfectiv M05000, 5-6-92 001 DTFAO8-92--L-13912 April ,`_essor Accounting&Appropriation Data CITY OF PALM SPRINGS 201.1/211/44852/3316 382.0/000-91074/48052/2316 THIS AGREEMENT IS ENTERED INTO PURSUANT TOTHE PROVISIONS OF SECTION W2(CX10)OF THE FEDERAL PROPERTYAND ADMINISTRATIVE SERVICES ACTOF 1949(41 USC 252) Description of ModificationiSupplement Whereas, by Lease DTFA08-92-L-13912 dated February 1, 1992 by and between the parties hereto, the Federal Aviation Administration desires to modify the plot of land according to the land parcel listed below. This parcel is depicted on the attached sketch. From the West 1/4 corner of said Section 18 (which is also the intersection of the centerline Of El Cielo Road and Tahquitz McCallum Way) marked by 1/2" I.P. , proceed No° 05 , 30" E, 1,320. 14 feet to the West 1/16 corner of the NW1/4 of said Sectionr marked by a 1/21, I.P:; thence N 830 28 ' 531, E, 569.0 feet to the NW plot corner marked by a nail in the edge of concrete apron, proceed to N890 54 . 30" E, 188.28 feet, thence S 360 32 ' 30" Er 1.50.00 Feet, thence S 530 27 ' 301, w, 40.0 feet, to the true point of beginning of the following described lease area; thence S 360 32' 30" E, 45 feet to a point, thence N 530 27' 30" E, 80 feet to a point, thence N 36' 32' 30" W, 45 feet to a point, thence S 530 27' 301' 'W, 80 feet more or less to the point of beginning, containing 0083 acres, more or less to be used for the Temporary ATCT Site Plot. I ALL OTHER TERMS AND CONDITIONS OF THE LEASE ARE HEREBY RATIFIED AND EXCEPTAS AMENDED HEREINABOVE,SHALL BE AND REMANTHESAME ❑ Lessor Is not required to sign this document X. Lessor is required to sign this document return the original and 3 copies to the Government. Lessor., Government: CI F PALM SP G UNITED STATESOFAMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Z / a'r ara ore au Title: t 3"V, Manay Qr Title. Contracting Officer Real Estate&Utilities Branch _ Data: _ Date: _April 21 , 1992 WE Form 4660-14(3180) APFR' VFiFi) by TtX'� Ci y CO.IAK): i AIRPO(A LIGHT�dG� .AU' \ ;� 32'-3' 87'-2' ^,�� -. s ATCT \ ��bp m �� 4-0 CESSP L DRAIN P S84' 54' 30'W 245.62' 6f ` L L�4 ATCT LEASE LINE of FSFG�JV1VIh1lr_ — �' _ :. •_ • -- •`1� - :- . - --- - - - FAk _.._ _ ASPHALT%_. ._ �. - pf'fL/��• Sh�R/N�rSI :GA�/F-D.�'Al/.�{ _ � - -�. FAA Lease - Temp Air Traffic • ` Control Tower AGREEMENT #3044 M04901, 11-20-91 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION DEPARTMENT OP REAL ESTATE AND UTILITIES BRANCH , AWP-56 AVIATION P . 0. BOX 92007 , WORLDWAY POSTAL CENTER LOS ANGELES, C:ALIFORNIA 90009-2007 LEASE NO: DTFAOB-92-L-13912 PALM SPRINGS TEMPORARY ATCT PALM SPRINGS AIRPORT PALM SPRINGS, CALIFORNIA LEASE between CITY OF PALM SPRINGS and THE UNITED STATES OF AMERJICAy / This lease, made and entered into this / �/ day/ of h� Gt in the year one-thousand nine-hundred and ninety of y and between the CITY OF PALM SPRINGS, a municipal corporation, whose address is: 3400 Tahquitz Canyon Way Palm Springs , California 92262 for itself and its 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 December 1 , 1991 and ending December 31 , 1992 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 1 Drawing PAGE 2 LEASE N 7 DTFA08-92-L-13912 PALM SPRINGS TEMPORARY ATCT PROPERTY LEASE DESCRIPTION TEMPORARY MOBILE ATCT SITE PALM SPRINGS AIRPORT PALM SPRINGS, CALIFORNIA LAND PARCEL DESCRIPTION: The parcel of land described :below contains approximately 0.015 acres adjacent to the northerly boundary of the Airport Traffic Control Tower (ATCT) lease plot (Lease Number FA65WE-1223 dated March 1, 1965) . This parcel is also depicted on attached sketch. . From the West 1/4 corner of said Section 18 (which is also the intersection of the centerline of E1 Cielo Road and Tahquitz- McCallum Way) marked by 1/2" I.P. , proceed NO'05130"E, 1,320.14 feet to the West 1/16 corner of the NW1/4 of said Section, marked by a 1/2" I.P. , thence N83°28153"E, 569.0 feet to the NW plot corner marked by a nail in the edge of concrete apron, proceed to N89054130"E, 188.28 feet, thence S36032130"E, 75.00 feet, thence S53627130 'E, 65.0 feet (which was the centerline of the ATCT) , thence N89°54130"E, 126.302 feet, to the True Point of Beginning of the following described lease area: From the True Point of Beginning thence proceed True South a distance of 20.00 feet; thence True East a distance of 16.00 feet; thence True North a distance of 40.00 feet; thence True West a distance of 16.00 feet; thence True South a distance of 20.00 feet to the True Point of Beginning. Page 3 of 7 Lease No: DTFA08-92-L-13912 Palm Springs Temporary ATCT a . Together with a non--exclusive 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; provided that the location of said rights-of-way shall not unreasonably interfere with the operations of Lessor or the operations of other tenants at the airport . 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 shall 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 . The Government shall give Lessor thirty (30) days prior written notice of the date the Government plans to make such alterations so that Lessor can post and record an appropriate notice of nonresponsibility. The Government shall pay all costs for construction done by it or caused to be done by it and the Goverment shall keep the premises free and clear of all mechanics ' lien resulting from said construction . 2 . 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 for the term set forth in Article 1 above, and monetary consideration for each annual renewal exercised by the Government hereafter . • • Page 4 of 7 Lease No: DTFA08-92-L-13912 Palm Springs Temporary ATCT 3 . The Government may terminate this lease, in whole or in part , at any time by giving at least 30 days notice in writing to the Lessor, and no rental shall accrue after the effective date of the termination. Said notice shall be sent by certified or registered mail . 4 . The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. 5 . (a) This 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 . ( 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. Page 5 of 7 Lease No. : DTFA08-92-L-13912 Palm Springs Temporary ATCT (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 . 6 . 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. 7 . 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. r Page 6 of 7 Lease No . : DTFA08-92-L-13912 Palm Springs Temporary ATCT 8 . All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: CITY OF PALM SPRINGS PALM SPRINGS MUNICIPAL AIRPORT 3400 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CALI:FORNIA 92262 To the Government: Department of Transportation Federal Aviation Administration Real Estate and Utilities Branch, AWP-56 P.O. Box 92007 , Worldway Postal Center Los Angeles , California 90009 9 . This lease is subject to the additional provisions set for below, or attached hereto and incorporated herein : a . The airport owner agrees ' that any relocation, replacement , or modification of the Temporary Air Traffic Control Tower or 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 mutual agreement between the Government and the City. b. The Government shall make all arrangements for and pay all utilities used by it on the premises . Page 7 of 7 Lease No . : DTFA08-92-L-13912 Palm Springs Temporary ATCT IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written . ATTEST: CITY ALM SPRI S PA M SPRINGS MUN I A AIRPORT City Clerk Title: City Manager Date: THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: CGfG��;t� �/V• Title : Contracting Officer Date: JNN 9 �� L i7S'i9t�?pv�[, i,a3 TO FP.Y�AHI ZV R G"&D. yC%L.)f �U � A CHMENT 1 DRAWING /S7/N6 LOCATII6N Of 1 TRUE' POMT TEMPoR4ftY ArcT DF F3E61NNIfJF� 0 v 15�4 11 do ir• E 1 ti dill,, �1 l.' Il� �• . � T e V PAA TEM��Alef.911 P" tpRlN", CA1,1FMNNIA .l lu/1