SR-800-005 (9)
!:
TO:
FROM:
SUBJECT:
Introduction:
Background:
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Santa Monica, California
February 15, 1979
/() /J
Mayor and City Council
FEB 2 7 1979
City Staff
Council approval of F.A.A. agreement providing
for Federal installation and operation of
navigational aids governing airport runway "0311.
This report addresses itself to the above proposed
F.A,A./City Lease Agreement providing for federal
furnishing, installation and operation of navigat-
iona1 aids governing use of runway 03, at no cost
to the City.
The Federal Aviatin Agency, in keeping with its
program of providing safety/nav-aids at busy
airports, has scheduled installation of a visual
approach slope indicator (VASI) system for runway
03 at Santa Monica Municipal Airport.
The above system, in addition to enhancing safety
at our airfield, will also aid our aircraft noise-
abatement program by assisting pilots in maintaining
higher altitudes over the Sunset Park homes on their
approach/landings from the west. Such a system has
been in effect successfully for many years on runway
21 as an aid to pilots in their approach/landings
from the east.
lo~
FEB 2 7 1979
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TO:
FROM:
Mayor and City Council
City Staff
Santa Monica, California
February 15, 1979
Background:
(Continued)
There is a provision in the attached lease
document (Page 4 - Par. "nfl) wherein City
may terminate said lease within 30 days, by
City re-imbursement of the un-depreciated
cost of the system. (Note: F.A.A. estimate
cost of the project is $25,000. - pg. 4 -
par. liD" of said lease - depreciated over
twenty years on a straight-line basis).
The Airport Commission at its regular meeting
Wednesday, February 14, 1979, formally considered
and by a 3 to 2 decision, recommended city approval
with Commissioners James Hoyt and Elaine Smith
voting "No".
Alternative Solution:
None recommended.
Recommendation:
Prepared by:
attachments
Approve proposed F.A.A. Lease/Nav-aid
agreement.
C. V. Fitzgerald, Airport Director
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OEPARTMENT OF TRANSPORTATrON
FEDERAl. A VIA liON ADMINISTRATION.
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WESTERN REGION
p 0 8llX 8200J Wll~lIN1" POSlAt CUllER
LOS ~HGmS tAI.IIO~IIIA .000.
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lIer Z5 W 21 ,W 173
OCT 2 4 ~
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Mr. C. V. FItzgerald
AIrport Director ,
Santa Monic. Munlclpa1 Atrpoft
3200 AI rport Avenue
Santa Moniea. California 90405
Dear Mr. F1tzgerald:
Enclosed 15 B proposed lease for our lnstallation and operation of a
Visual Approach Slope Indicator (VASI) system for Runway 03 at your
ai rport.
If this lease Is sat1sfactory, please have the orIginal and two cople$
signed by an authorl2ed official and have the Corporate certificate
completed. Please return the signed documents to this office along
with evidence of authority. such as a certified copy of the resolution
authorizing signature by the party signing on behalf of the City of
Santa Monica. The extra copy may be retained for your Interim use until
a fully-executed copy Is returned for your files.
Also enclosed Is a fully-executed copy of the lease modificatIon for the
REIL system for this same runway.
If you have any questions, please call me at (213) 536-6176.
S 1 nce re I y,
Dj~J.dL I;'J.~~",-
ELIZABETH M. ROLLINS - .5 .3t - "17~
Realty Special ist
Real Property & Ut~lJtles Section, AWE-56A
3 Enclosures
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DI:PARTMENT OF TRANSPORTATlON
FBDBRAL AVIATION ADMINISTaATION
LEASE
Lease No.: DOT-FA79WE-50 11
VAS I Runway 03
Santa Monlca, California
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between
CllY OF SAN1A MON~CA ·
{lllu
T.. E U !III rF I) S1 o\TI:S 0"" AM" RICA
Tius I.LA~E, m.ale and entered IIlto 11us dOl)' of
10 the year one thousand nme hundled and seventy-e tght
by and between CITY Of SANTA MONICA, a municipal corporation
\
whose address IS 3200 AI rport Avenue
Santa Monica, California
. for it se I f and its XiXiX'XXXXXoX~XXX:XXXXOC,xXXXsucce~sors, and
awgns.heremaftcr called lhe Lessor and the UNIT!:.!) STATES of AMI.RilA,her~In:lflel ~allcd Ihe Government:
WITNESSETU: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows"
\.....
1. For the term begmmng and endmg Septcmber 30, 19 75 t.he Lessor hereby leases to
the Government the follOWing desr.i1bed propeny, hCielnaftcr call~d the prcnu:tes, V1Z:
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See Page lA for LEGAL DESCRIPTiON.
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FAA fORM 442J.~ Pg: 1 (X,76) SUP"=rseocs PrevlOu~ Edition
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Lease OOT-FA79WE-SOll
Page lA
LEGAL DESCRIPTION
VAS I, Runway 03
Santa Monica Municipal Airpo~t
Santa Monica, California
DOWNWIND VASl -
J. _ _ .
Beginning at a point 212 feet northeasterly of the threshold located on
the centerline of RWY 03, proceed 115 feet northwesterly on a 1 ine per-
pendicular to the Runway Centerline. This point establishes the south
corner of a rectangular segrrcnt 20 feet northeasterly by 50 feet north-
we~terly with sides perpendic.ular and parallel to the Runway Cented ine
to be leased for the downwind VAS I units. This plot conta.ns 0.023 acres,
more or less.
.UPWI ND VAS I
Beginning at a point 912 feet northeasterly of the threshold located on
the centerline of Runway 03. proceed 115 fee t northwesterly on a I ine per-
pendicular to the Runway Centerl ine. This point establ ishes the south
corner of rectangular segment 20 feet northeasterly by 50 feet north-
westerly with sides perpendicular and parallel to the Runway Centerl ine
to be leased 'for the upwind VAS I units. This plot contains 0.023 acres"
I..ore or less.
(See Attachment 1)
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Lease No.:
DOT-FA79\1E-SO 11
8 Together WIth a nght-of-way for mgress to and egress from the prenuses, a rlght-of.way or nghts-of-way
for estabhshmg and mamtammg a pole lme or pole hnes for extendmg electnc power, and telecornmumcal1ons
facilitIes to the prenuses; and nght-of-way for subsurface power, commumcatIon and water lmes to the prenuses,
all nghts-of.way to be over the said lands and adJommg lands of the lessor, and unless herem descnbed by metes and
bounds, to be by routes reasonably deternuned to be the most convement to the Government.
b, And the nght of gradmg, condlUonmg, and mstalhng dramage facIlities, and seeding the soil of the premises,
and the removal of all obstructions from the prermses wJuch may constltutc a lundrance to the establahment and
mamtenance of air naVlgal10n and telecommumcatlons fac1lmes.
c. And the nght to make alterations, attach fixtures, and erect addItIons, structures, or SignS, In or upon the
prenuses hereby leased, wluch alterations, fixtures, addItIons, structures or SIgnS so placed 10 or upon, or attached to
the slud prenuses shall be and remam the property of the Government, and may be removed upon the date of expI.
rahon or termmatlon of tms lease, or Wlt1un nrnety (90) days thereafter, by or on behalf of the Government, or Its
grantees, or purchasers of said alter8110ns, fIXtures, additions, structures, or SIgnS.
2. TIus lease may. at the optIon of the Government, be renewed from year to year and otherWIse upon the
terms and conditIOns herem 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) daya wntten notice that It will not
exercise lts optIOn before tlus lease or any renewal thereof expues; PROVIDED, that no renewal thereof shall extend
the period of occupancy of the premIses beyond the 30 ~1\r of So p tcmbe r 19 98 ~~
)t<oo(~~~KH'.Wlu.se.~~!~;mWKWJW~)(~~1lm~JW,.'OOfxJw.txl4.
3, The Government shall pay the Lessor rental for the premIses 1Il the amount of ~ lJo mone tary cons t do rOJ t Ion
In the form of rental, it be ing QutUi3lly agroed that the. rights extended to the Govermnnt
heroin are In consideration of tl16 obJigutlons u5St.h.l:l:d by tho Covornroont In its establlshaont, ~
operation ilnd I'i1wintonunce of facllltlos upon tho premisoa hereby IOQsod.
for the term set forth in Arucle 1 above, and wI thout <:O$t
X~A for eaCh
annual renewal exerclsed by the Government hereafter. :fx~~Wr.~x~tb,~~
~~NX~lRn&,t~R*l~m~~x';8U.xm.
4. The Government may ternunate thIS lease, In whole or rn part, at any tIme by givrng at least 30
days notice an wntmg to the Lessor ,:~~)i~~J&~~~-H~W~~.ac1~1~~~~~,( ""Said notice
shall be sent by certified or registered Jll..1L'
5 TIle Government shall surrender posscsslon of the premlscs upon the date of expiration or termmatlOn of
thiS lease, If the Lessor by wnuen nol1ce at least 30 days before the date of expuatlOn or ternunatlon
requests restoratIon of the pre11llses, the Government at Its optlon shall Wlthm rnnety (90) days after such expuatlon
or terrrunatlon, or Wlthm such addltlonal time as may be mutually agreed upon, either (1) reltore the prenuses to
as good condition aa that eXlstmg at the tffi1e of the Government'l uutw entl)' upon Ihe premlsel under
FAA FORM 442J.2 Pg. 2 (8.76) Supersedes Prmoul EdltlOn
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Lease No.:
DOT-FA79lJE-SO 11
this lease or any precedmg lease (changes to the preJruses In accordance WIth paragraph 1.(a), I (b) and I.(c) above,
ordlOary wear and tear, damage by nature elements and by circumstances over wluch the Government has no
control, excepted) or (2) make an eqwtable adJustmen~~;\W.K~{9g~<x~}{W for the cost of such restoratIon of the
prel11Ises or the dllrunuhon of the value of the preITIlSeS If unrestored, wluchever IS less. Should a mutually acceptable
settiemcnt be made hereunder, the parties shall enter mto a supplemental agreement hereto effectmg such agreement.
Failure to agree to any such equItable adjustment shall be a dispute concermng a question of fact Wlt1un the meanmg
of Clause 6 of thts lease.
6. (a) Except as otherwise proVided m thIS Lease, any dispute concernmg a question of fact ansmg under the
Lease which IS not disposed of by agreement shall be deCIded by the Contracting Officer who shall reduce hiS
deCISion to wntlIlg and mall or otherwise furnish a copy thereof to the Lessor. The deCISion of the Contractmg
Officer shall be final and conclUSive unless wHrun 30 days from the date of receIpt of such copy, the Lessor malls
or otherwise furnishes to the Contractlng Officer a wntten appeal addressed to the Secretary, Department of
TransportatIon. The deClSlon of the Secretary or hiS duly authonzed representatIve for the determmahon of such
appeals shall be final and conclUSive unless determmed by a court of competent JunsdlctlOn to have been fraudulent,
or capnclOus, or arbItrary, or so grossly erroneous as necessanly to Imply bad faith, or not supported by substantial
eVIdence. In connectlOn with any appeal proceedmg under thIS clause, the Lessor shall be afforded an opportunity
to be heard and to offer eVIdence In support of ItS appeal. Pendmg final deCiSion of a dISpute hereunder, the Lessor
shall proceed dJ.l1gently With the performance of the Lease and m accordance With the Contractmg Officer's
deCISIon.
(b) TIus clause does not preclude conSlderaUon of law questlons In connection With deCISions prOVided for
m paragraph (a) above,PROVIDED, That nothmg In the Lease shall be construed as makmg fmal the deCISion of any
adnumstratlve offiCial, representatlve. or board on a question of law.
7. 1';0 Member of Congress or ReSident ConuruSSloner shall be adnutted to any share or part of t1us lease.
or to any benefit to anse therefrom.
8. The Lessor warrants that no person or sellmg agency has been employed or retamed to sohClt or secure this
lease upon an agreement or understandmg for a comffilSSlon, brokerage, percentage or conungent fee, except bona
fide employees or bona fide established commercial or sellmg agencies mamtamed by the Lessor for the purpose of
secunng business. For breach or violation of tills warranty, the Government shall have the right to annul this
lease Wlthout habl.hty, or In its discretIOn to deduct from amounts otherwise due under this lease or other consIdera-
tion. the full amount of such conurusSlon. brokerage, percentage, or contmgent fee.
9. All notu:es sent to the parhes under the lease shall be addressed as follows:
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CIty of S~nta t10nica
To the Lessor: 3200 AI rport Avcnuo
Santa t~nicUt California 90405
To the Government: DOT,7FEDERi\L AV I ^ T I or~ ^Dtll rJ I STR^T ION
Reol Property t Uti1 J tics Section, A\JE-S6A
P.O. Dox 92007, \Jorld 'Juy Postal Center
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FAA FORM 4423-2 Pg. 3 (8-76) Supersedes PreY.lous Edition
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Lease No.: OOT-FA79tJE-5011
10. nus lease IS subject to the addltlon proVlSlOns set forth below. or attached hereto and mcorporated herem.
These add1t1onal proVlSions are identified as follows:
A. Irrelevant \~rdJng In the first p~ra9ryph and In ArtIcles 2. 3. 4 and
5 was deleted; Advisory Circular AC No. 150/5300-]n dated 8 Nov 72, and Attachments
1 and 2 were added prior to execution of this lease.
O. In the cV~nt the rclocntlon. replacement or modificatIon of FAA air
traffic control and air nnvi1ation facilitles or co~ponents thereof aro m~de
necessary ~y airport Improvement or changes, the lcssot agrees to the provisions
of FAA Advisory Circular IJo. 150/5300-70 dOlted tiovembet 8. 1972.
c. Lessor shan be responsible for obstructIon control on airport property
ss set forth in ^ttachmcnt 2.
o. The lessor r.'Iay termInate this le<lsc at \lny time. by IJlvln!:) 30 days noticE'
In \'liltlng to tile Gov~rnmcnt. provided. however. that the Lessor shall reimburse
the Government for the total project cost of this facility, rllnus depreciation at
tho time of leC)5c termination. plus rCI"',ov<)l and shipping costs. The annual dcprecr-
Dtion value shall be based on the Government's ilctual costs for dcsl~n and Install-
ation, llS furnished by FAA upon project completion, prorated equally over II 20-ycar
period. ^CTUAL PROJCCT COST.. _ _ _ _ __ .... (For Information purposes.
the cstim~tcd project cost is $25,000.00. When the uctua\ cost haa been made
avallablo. tho figure shall be {nsorted above.)
IN WITN~$8 WHERBOF, tho partles hereto havo hereunto subscnbed their names as of tho date rust abovo
wntten.
CITY OF SANTA MONICA
AI the holder of a mortgage. dated ._......._..__..
_---n- _n__ -----------nn__.._. recorded ill Ltber
__....u.._....................__....._. , pages .....___..._____....____.. I
agamst the above.descnbed prenuses, the UnderSIgned
hereby consents to the foregOing lease and agrees
that, if while the lease 15 ill force the mortgage 15
foreclosed, the foreclosure &haIl not void the lease.
B.~':.__------
Iltlil: n
(Leswr)
(Lessor)
(Lessor)
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. (LillO')
_ (Lessor)
(Mortgagee)
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DEPi\RTi1EllT OF TRAUSPORTATlOn
ThE UNITED STATES OF AMERICA.
fEDER^L AVIATION AOtllHISTRATlOH
By _._..._._....__._.__.__.___._.____.___.______.__..~
ELJZADETH Ji. nOlLHIS, Real ty Special Jst
T,tJe R-eor}"'Pl"ope1'ty--e--t)t-i-\.t-t-tn-Se'CtiOll.AWE-S6A
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FAA FORM 4423.2 Pg. 4 (8.76) SuperlCdes PteVlOUI EdItion
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SA.NTA.. M()~,nC.\. MU"J\CIPAL AJR.POR.T
.- VA~I\-4- Rt>JY-03 LE.,c.~E. REQUEST
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FAA f~ 601A)-04 U-i'~' 'OJ(~(IIt~'I' ,..." '0,.", ~JU - CALCULATION SHEET
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Obs~ructions: Obstructions in the approach area shall be removed or controlled.
The approach area is a triangular plane established by the location
of the downwind VASI bar. The vertex of the plane is the runway
centerline opposite the downwind VASI bar and extends oubward
six (6) miles at an angle of l~o vertically and 100 horizontally
on both sides of the runway centerline.
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NOT TO SCALE
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VERTICAL AND HORIZONTAL DIMENSIONS OF
OBS"'iRl'CiIO~~ PL ANE
ATTACHMEh"T
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AC r~.50/5300-7B
DATE: 8 Nov 72
ADVISORY
CIRCULAR
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DEPARTMENT OF TRAfJSPORT A liON
FEDERAL AVIATION ADr,11NlSTRATION
SUBJECT: 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 relocBtlon. replacement and modlfication to
air traffic control and alr 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/S300-7A 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 8S follows:
8. ~lass 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 1s located
thereon. Examples are:
Remote Transmitter/Receiver (Tower)
Airport Traffic Control Tower
Alrport Surveillance Radar
Airport Surface Detection Equipment
Precision Approach Radar
: Instrument Landing System and Components
Approach Lighting Systems and Components
Visual Landlng Aids
Direction Finding Equipment
VOR, TVQR and VORTAC used for Instrument Approach
Weather Observing and Measuring Equipment (owner
and operated by FAA)
Central Standby Power Plant
Initiated by: ABU-10
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b. plass II. This class includes the facilities and components that
service a wide area and are located on the a1rport as a matter of
convenienc.e. i,j;xamples are: 'r ~.'~; '" 'f.'
Long Range Radar
.A1r Route Traffic Control Centers
Peripherals (Remote Control Air-Ground
Cornmunlcation Facility)
VOR and VORTAC (enroute only)
Fllght Service Station
Remote Communicatlons Outlet
Limited Remote Communications put let
4. RESPONSIBILITY FOR FUNDING.
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s. ~he Airport Owner.
(1)
The Blrport owner is expected to pay (and the agency shall not
pay any part of the costs other than mlght be provlded under'
Alrport Development A1d Program funding) for the relocation. re-
'placement or modlflcatlons of FAA air traffic control and alr
nav1gation facilitles or components thereof made necessary by
airport improvements or changes. when: '
.,
(a) Class I facilities must be relocated, replaced or modified.
because the airport lmprovement or change impairs the tech.
nical and operational characterlstics 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 fac11ities; 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
responsibility should
cumstances other than
by.case basis.
normal circumstances under which financing
rest with the airport owner, however c1r-
the above will be 'determined on a case-
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(2) Where the airport owner grants other parties the right to con.
struct hangars, other buildings, and/or faclllties that impair
or interrupt the technical and operat~onal_characteristics of
alr traffic control or nav~gation facl1itles, the agency expects
the airport owner to pay for the relocation, replacement or
mod~flcation of these facilities or components thereof. Payment
to FAA may be made either. from recovery of.~osts ~rom the other
parties or from other sources available to the airport owner.
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b NoV 72
l (3) The need for uninterrupted serv~ce from some Class I facilities
~s recogn4zed. This w~ll requlre spec4al methods for accom-
pl~shing the work in order to avoid interruptions of service. In
such cases, funding for provlsion of temporary faCll1tles 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 facllity at the airport owner's
expense.
b. The FAA. It is general ~AA policy to fund the following:
(1)
Relocatlon into quarters provlded by the airport owner when
requested by FAA.
(2)
Relocation of Class II faC1lltles, located on the airport but the
presence is not authorized by a document described in 4.a.(1)(c}
above, or the presence on the airport has been assured by un-
WTltten consent of the airport owner. .
(3)
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Relocatlon of facillties to meet FAA operational requirements or
because of technical reasons that are inherent in the site and not
caused by airport lmprovements or changes.
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(4) Modernization/expanslon costs to meet FAA operational requirements.
When a modernizatlon/expans~on project is undertaken concurrently
w~th a facll~ty relocat~on 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 alt~tude and identification readout to
ASR, expand1ng 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 deslgnated instrument runway on the
same airport, in order to achieve more effective use of these
faci11ties, except 1n the case of a new runway covered by 4.a.
(l)(b) .
(7) Flight inspection required for relocat~on of facilities where the
airport owner is one of the military services (Friendship Agree-
ment) .
Par 4 Page 3
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c, pther FundinR' 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 8 case-by-case basis, ~
: ,
5, ACCOHPLI SHMENT OF WORK.
8. Responsibility. FAA shall have exclusive right to determine how all
facets of the relocation of an FAA fac~l~ty will be accomplished.
Th1s includes but is not limited to the engineering, site selection,
procurement of equipment, construction, 1nstallation, testing, flight
inspection and recommissioning of the facility.
I
b, Reimbursable Agreement. The airport owner and FAA shall negotiate a
reimbursable agreement setting forth all essential elements pertinent
to the relocation, replacement or modif1cacion of an FAA facility.
The agreement shall stipulate that ~n the event actual cost is less
than the estimated cost, the sponsor will pay o~ly the actual costs;
similatlYt if actual coat exceeds FAA estimated cost. the sponsor will
pay t,~/ actual cost. '" .': ," r d '
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J. H. SHAFFER
.Administrator
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DEPART.i\IEr-;'T OF TRA:r-;SPORTATION
FEDERAI.. AVIATION ADMINISTRATION
Wa8blllgton, D.C 20001
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PENALTY FOil PlUVATI: USE. .300
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