8H
Date: January 27, 2026
To: Honorable Mayor and Members of the City Council
From: Aram Chaparyan, City Manager
By: Carlos Huizar, Management Associate | [email protected] Subject: City Manager – Adopt California Environmental Quality Act (CEQA) Categorical Exemption and Approve Master Lease Agreements with the Federal Aviation Administration (FAA) for On-Airport Navigational Aid Equipment and Airport Traffic Control Tower at Torrance Municipal Airport (Zamperini Field). Expenditure: None.
RECOMMENDATION
Recommendation of the City Manager that City Council:
1. Adopt a California Environmental Quality Act (CEQA) categorical exemption pursuant to Guideline Section 15301 (Existing Facilities) and Section 15061(b)(3) (Common Sense Exemption); and
2. Approve a new master lease agreement between the City of Torrance and the Federal Aviation Administration (FAA) for on-airport navigation aid equipment (FAA Contract No. 690EG4-18-L-00083) for an initial term of twenty (20) years, retroactively beginning October 1, 2021 and ending September 30, 2041; and
3. Approve a new master lease agreement between the City of Torrance and the Federal Aviation Administration (FAA) for the Airport Traffic Control Tower (FAA Contract No. 690EG4-25-L-00135) located at 25311 Aero Way, for an initial term of ten (10) years, retroactively beginning October 1, 2025 and ending September 30, 2035.
FUNDING
None required.
DISCUSSION
The Federal Aviation Administration (FAA) requires long-term lease agreements with the City of Torrance in order to operate and maintain essential aviation infrastructure at Torrance Municipal Airport – Zamperini Field, including on-airport navigational aid equipment and the Airport Traffic Control Tower. The proposed Master Lease Agreements replace and update prior lease arrangements, provide continuity of FAA operations, and incorporate current federal requirements applicable to FAA facilities. Approval of these agreements will allow for the uninterrupted operation of these critical facilities and ensure continued compliance with federal aviation safety standards.
Torrance Municipal Airport is a City-operated airport that plays an important role in regional aviation safety and mobility. As part of the National Airspace System, the FAA installs, operates, 1 City Council
January 27, 2026
and maintains navigational aid equipment and air traffic control facilities at the Airport to ensure the safe and efficient movement of aircraft. Federal regulations require that these facilities be governed by formal lease agreements between the FAA and the airport sponsor.
On-Airport Navigational Aid Equipment Master Lease
(FAA Contract No. 690EG4-18-L-00083)
The proposed Master Lease Agreement for on-airport navigational aid equipment authorizes the FAA to occupy designated areas of the Airport for the installation, operation, maintenance, repair, and replacement of navigational aid facilities. The agreement has an initial term of twenty (20) years, retroactively commencing October 1, 2025, through September 30, 2045. The retroactive commencement reflects the time required to negotiate and finalize updated lease terms consistent with current FAA standards and federal statutory requirements, while ensuring uninterrupted FAA operations.
This lease is structured as a no-cost agreement, under which no rent is paid by the FAA. The consideration for the lease is the FAA’s obligation to install, operate, maintain, and replace navigational aid facilities that are essential to airport operations and aviation safety. The FAA bears all costs associated with these facilities, which provide a direct operational benefit to the Airport and the flying public.
Airport Traffic Control Tower Master Lease
(FAA Contract No. 690EG4-25-L-00135)
The proposed Master Lease Agreement for the Airport Traffic Control Tower located at 25311 Aero Way establishes the terms under which the FAA occupies and operates the tower facility.
The agreement has an initial term of ten (10) years, retroactively commencing October 1, 2025, through September 30, 2035. The retroactive commencement reflects the period during which the FAA and the City negotiated and reviewed updated lease terms to meet current federal requirements without disrupting airport operations.
The Airport Traffic Control Tower is an essential component of airport operations, providing air traffic management services necessary for the safe movement of aircraft within controlled airspace. This lease is structured as a revenue-generating agreement, under which the FAA pays rent to the City based on the square footage occupied within the tower facility. Rental rates are established in accordance with FAA leasing standards and include scheduled escalations over the term of the lease. Based on the current lease rate structure, FAA rent payments are estimated to generate approximately $18,000 to $20,000 annually, resulting in approximately $180,000 to $200,000 in total revenue over the initial ten (10)-year lease term. The FAA is responsible for all costs associated with the operation and maintenance of the leased premises, and no City funds are required.
The existing leases governing these facilities have either expired or require replacement with updated agreements reflecting current FAA leasing standards, statutory requirements, and operational needs. Both agreements include retroactive commencement dates to ensure continuity of FAA operations and avoid any lapse in lease authority while updated agreements were under negotiation and review. The proposed Master Lease Agreements consolidate and modernize lease terms while maintaining the City’s longstanding partnership with the FAA. 2 City Council
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Approval of the proposed Master Lease Agreements will formalize the City’s ongoing relationship with the FAA, ensure the continued operation of critical aviation safety infrastructure at Torrance Municipal Airport, and maintain compliance with federal requirements. Accordingly, staff recommends that the City Council approve the agreements as presented.
ENVIRONMENTAL FINDINGS
The proposed Master Lease Agreements is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the action involves the continued operation of existing public facilities with no expansion of use, or alternatively pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).
ATTACHMENTS
1. On-Airport Navigation Aid Equipment Master Lease – FAA Contract No. 690EG4-18- L-00083
2. Airport Traffic Control Tower Master Lease – FAA Contract No. 690EG4-25-L-00135 (Material Available)
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MASTER GROUND LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
CITY OF TORRANCE
FAA CONTRACT NO: 690EG4-18-L-00083
ATID/FACILITY TYPE: TOA / MGL
LOCATION: Torrance, CA
1. Preamble (09/2021) 6.1.1 This Lease for real property is hereby entered into by and between City of Torrence (City) hereinafter referred to as the Airport and the United States of America, acting by and through the Federal Aviation Administration, hereinafter referred to as the FAA.
2. Definitions (09/2021) 6.1.1-1For purposes of this document, the following definitions apply;
Contract- refers to this legal instrument used to acquire an interest in real property for the direct benefit or use by the FAA. As used herein, contract denotes the document (for example- lease, easement, memorandum of agreement, or other legally binding agreement) used to implement an agreement between a customer (buyer) and a seller (supplier).
Contractor- refers to the party(ies) receiving a direct procurement contract from the FAA and who is(are) responsible for performance of contract requirements. For purposes of this document, the contractor may also be called the Lessor, Permittor, Licensor, Grantor, Airport, or Offeror depending on the type of contract or the provision within the contract.
Government- refers to the United States of America acting by and through the Federal Aviation Administration (FAA). For purposes of this document, Government and FAA are interchangeable.
Real Estate Contracting Officer (RECO) - is a trained and warranted official who contracts for real property on behalf of the FAA. For purposes of this agreement, RECO is interchangeable with Contracting Officer (CO).
3. Succeeding Contracts (MODIFIED) 6.1.2 Prior to this Master Ground Lease, the FAA and City of Torrance entered into separate agreements for each Navigational Aid located at Torrance Municipal Airport – Zamperini Field. The parties agree that for purposes of efficiency, all agreements listed below shall be consolidated into this one Master Lease. The terms of this Master Lease shall control.
Lease No. Navigational Aid Start Date Expiring/Expired Date DTFAWP-07-L-00004 LOC 10/1/2006 9/30/2021
DTFAWP-04-L-23102 MALSR 10/1/2003 9/30/2023
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4. Lease Witnesseth (09/2021) 6.1.3 Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:
5. Description of Premises (09/2021) 6.1.4-3 This contract covers the following described property, hereinafter referred to as the premises and hereby consisting of:
FACILITY SITES
RTR (See Exhibit A-1)
REIL RWY 29L – (See Exhibit A-2)
VASI RWY 29R (See Exhibit A-3)
VASI RWY 11L (See Exhibit A-4)
LOC (See Exhibit A-5)
GS & SWS (See Exhibit A-6)
VASI RWY 29L (See Exhibit A-7)
MALSR (See Exhibit A-8)
A. Together with a right-of-way for ingress to and egress from the premises (for Government employees, their agents and assigns); a right-of-way for establishing and maintaining 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 said lands and adjoining lands of the contractor, and unless herein described otherwise, shall be reasonably determined by the Government as the most convenient route.
B. This contract includes the right of grading, conditioning, installing drainage facilities, seeding the soil of the premises, and the removal of all obstructions from the premises that may constitute a hindrance to the establishment and maintenance of Government facilities.
C. The Government shall also have the right to make alterations, attach fixtures, erect additions, structures, or signs, in or upon the premises hereby leased. All alterations and additions are and will remain the property of the Government.
D. The Government reserves the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport.
6. Purpose (09/2021) 6.1.5 It is understood and agreed that the use of the herein described premises shall be related to FAA’s activities in support of the National Airspace System (NAS).
7. Legal Authority (09/2021) 6.2.1 This contract is entered into under the authority of 49 U.S.C. 106(l)(6) and (n), which authorizes the Administrator of the FAA to enter into contracts, acquisitions DTFA08-01-L-20810 RTR 10/1/2001 9/30/2021
DTFA08-02-L-21650 VASI RWY 11L 10/1/2002 9/30/2022
DTFA08-02-L-21649 VASI RWY 29R 10/1/2002 9/30/2022
690EG4-18-L-00084 VASI RWY 29L 10/1/2018 9/30/2038
690EG4-18-L-00083 GS/SWS 10/1/2018 9/30/2038
690EG4-18-L-00090 REIL RWY 29L 10/1/2018 9/30/2038
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of interests in real property, agreements, and other transactions on such terms and conditions as the Administrator determines necessary.
8. Term (No Cost) (07/2022) 6.2.3-1 To have and to hold, for the term commencing on October 1, 2021 and continuing through September 30, 2041
9. Consideration (No Cost) (09/2021) 6.2.4-4The Government shall pay the contractor no monetary consideration. It is 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.
10. Termination (MODIFIED) 6.2.5 The Government may terminate this contract at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate this contract by delivering a written notice specifying the effective date of the termination. The termination notice shall be delivered at least 365 days before the effective termination date. No costs shall accrue as of the effective date of termination. City shall have mutual termination rights.
11. Excuse (09/2021) 6.2.5-3
A. The Lessor will not be in default because of any failure to perform the requirements of this Lease under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Lessor.
B. Permissible causes for excuse are:
i. acts of God (e.g., fires, floods, pandemics, epidemics, unusually severe weather, etc.), ii. acts of the public enemy,
iii. acts of the Government in either its sovereign or contractual capacity, iv. pandemic, epidemic, or quarantine restrictions,
v. strikes, and
vi. freight embargoes. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Lessor.
C. Excuse will not be granted when:
i. the Lessor had actual or constructive knowledge prior to the Lease Award Date that he/she could not perform in accordance with the requirements of the Lease contract; ii. the conditions of the property prevent performance; iii. the Lessor, its employees, agents or contractors, by error or omission, fails to perform; or iv. the Lessor is unable to obtain sufficient financial resources to perform its obligations.
D. The RECO will ascertain the facts and extent of the failure. If the RECO determines that any failure to perform is excusable, the RECO will revise the delivery schedule subject to the rights of the Government under the default and termination clauses of this contract.
12. Binding Effect (09/2021) 6.2.6The provisions of this contract and the conditions herein shall be binding upon, and for the benefit of, the parties and their successors and assigns. In the event of any sale or transfer of ownership of the property or any portion thereof, the Government will be deemed to have attorned to any purchaser, successor, assign, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the contractor under this contract establishing direct privity of estate and contract between the Government and said succeeding owner, with the 6 4
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same force, effect, and relative priority in time and right as if the contract had initially been entered into between such succeeding owner and the Government.
13. Holdover (07/2023) 6.2.12 If after the expiration of the Lease, the Government shall retain possession of the premises, the Lease shall continue in full force and effect on a month-to-month basis. Payment shall be made in accordance with the Consideration clause of the Lease at the rate paid during the Lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee, or vacated the premises.
14. RE Clauses Incorporated by Reference (09/2021) 6.3.0 This solicitation or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the RECO will make the full text available, or the full text may be obtained via internet at https://fast.faa.gov/RPF_Real_Property_Clauses.cfm.
A. Officials Not To Benefit (09/2021) 6.3.0-2
B. Assignment of Claims (09/2021) 6.3.0-3
C. Contracting Officer's Representative (09/2021) 6.3.0-4 D. Contingent Fees (09/2021) 6.3.0-5
15. Title to Improvements (09/2021) 6.3.5 Title to the improvements constructed for use by the Government during the life of this Agreement shall be in the name of the Government.
16. Funding Responsibility for FAA Facilities (09/2021) 6.3.6The Contractor agrees that all Contractor requested relocation(s), replacement(s), or modification(s) of any existing or future FAA navigational aid or communication system(s) necessitated by Contractor improvements or changes will be at the expense of the Contractor. In the event that the Contractor requested changes or improvements interferes with the technical and/or operational characteristics of the FAA's facility, the Contractor will immediately correct the interference issues at the Contractor’s expense. Any FAA requested relocation, replacement, or modifications shall be at the FAA's expense. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Contractor or the FAA, funding responsibility shall be determined by mutual agreement between the parties, and memorialized in a Supplemental Agreement.
17. Changes (MODIFIED) 6.3.8
A. The RECO and Airport may at any time, by written order via Supplemental Agreement, make changes within the general scope of this Lease in any one or more of the following:
i. Work or services;
ii. Facilities or space layout;
iii. Amount of space/land;
iv. Any other change made within the scope of this lease.
B. If any such change causes an increase or decrease in the Lessor’s cost or time required for performance under this lease, the RECO will modify this Lease to provide one or more of the following:
i. An equitable adjustment in the rental rate;
ii. A lump sum equitable adjustment;
iii. An equitable adjustment of the annual operating costs per rentable square foot; or 7 5
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iv. An adjustment to the delivery date.
C. The City of Torrance Lessor must assert its right to an adjustment by written proposal under this clause within thirty (30) days from the date of receipt of the change order. City of Torrance’s Lessor’s request must include all documentation necessary to validate his/her right to an adjustment.
D. Nothing in this clause excuses the City of Torrance Lessor from proceeding with the change as directed.
E. Absent written supplemental agreement the Government is not liable to the City of Torrance under this clause.
18. No Waiver (09/2021) 6.3.17 No failure by the Government to insist upon strict performance of any provision of this Contract or failure to exercise any right, or remedy consequent to a breach thereof, will constitute a waiver of any such breach in the future.
19. Restoration (09/2021) 6.3.18-1
A. The Government shall surrender possession of the premises upon vacation of the premises. The Government at its option shall either:
i. Restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this contract or any preceding contract (ordinary wear and tear, damage by natural elements or by circumstances over which the Government has no control, excepted) or,
ii. The Government may also elect to offer abandonment of installed real property improvements in lieu of restoration or some combination of abandonment and restoration as determined by mutual agreement with the contractor, so long as it is determined by the RECO to be in the best interests of the Government or,
B. In the event that the Government has to make payment under this clause, such payments will not exceed appropriations available at the time of the restoration in violation of the Anti-Deficiency Act.
C. Nothing in this contract may be considered as implying that Congress will, at a later date, appropriate funds sufficient to meet the deficiencies.
20. Quiet Enjoyment (09/2021) 6.3.25 The Contractor 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.
21. Damage by Fire or Other Casualty or Environmental Hazards (09/2021) 6.3.26-1 If the premises is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the premises is untenantable as determined by the Government, the Government may agree to allow restoration/reconstruction, or may elect to terminate the contract, in whole or in part, immediately by giving written notice to the contractor.
22. Interference with FAA Operations (09/2021) 6.3.28-2The Airport agrees not to erect or allow to be erected any structure or obstruction of any kind or to allow any natural growth that the Government determines would interfere with the proper operations of Government facilities.
The Airport agrees to keep areas around the Government’s navigational aids mowed at all times to a height so that weeds and vegetation will not be an obstruction to such operation or maintenance of these facilities.
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23. Hold Harmless (01/2024) 6.3.30 In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act, 28 U.S.C. Ch. 171, the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity.
24. Compliance with Applicable Laws (01/2023) 6.3.31-1This Contract shall be governed by federal law. The Contractor shall comply with all applicable federal, state, and local laws. The Government will comply with all federal, state, and local laws applicable to and enforceable against it, provided that nothing in this lease shall be construed as a waiver of the sovereign immunity of the Government.
25. Notification of Change in Ownership or Control of Land (10/2022) 6.3.34 If the Contractor sells, dies or becomes incapacitated, or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting the premises, the Government shall be notified in writing, of any such transfer or conveyance within 30 calendar days after completion of the change in property rights. Concurrent with the written notification, the Contractor or Contractor’s heirs, representatives, assignees, or trustees shall provide the Government copies of the associated legal document(s) (acceptable to local authorities) for transferring and/or conveying the property rights.
26. Integrated Agreement (09/2021) 6.3.36This Contract, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this Contract.
27. Unauthorized Negotiating (09/2021) 6.3.37In no event shall the Contractor enter into negotiations concerning the premises with anyone other than the RECO or his/her designee.
28. Contract Disputes (09/2021) 6.3.39
A. All contract disputes arising under or related to this contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A contractor may seek review of a final FAA decision only after its administrative remedies have been exhausted.
B. The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile, or if permitted by Order of the ODRA, by electronic filing. A contract dispute is considered to be filed on the date it is received by the ODRA during normal business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.
C. Contract disputes are to be in writing and shall contain:
i. The contractor's name, address, telephone and fax numbers and the name, address, telephone and fax numbers of the contractor's legal representative(s) (if any) for the contract dispute; 9 7
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ii. The contract number and the name of the Contracting Officer; iii. A detailed chronological statement of the facts and of the legal grounds for the contractor's positions regarding each element or count of the contract dispute (i.e., broken down by individual claim item), citing to relevant contract provisions and documents and attaching copies of those provisions and documents;
iv. All information establishing that the contract dispute was timely filed; v. A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be specified and pertinent cost information and documentation (e.g., invoices and terminated checks) attached, broken down by individual claim item and summarized; and vi. The signature of a duly authorized representative of the initiating party D. Contract disputes shall be filed at the following address:
i. For filing by hand delivery, courier or other form of in-person delivery:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
600 Independence Avenue SW., Room 2W100
Washington, DC 20591; or
For filing by U.S. Mail:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
800 Independence Avenue SW
Washington, DC 20591
[Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or
Telephone: (202) 267-3290
Facsimile: (202) 267-3720
Alternate Facsimile: (202) 267-1293; or
ii. Other address as specified in 14 CFR Part 17.
E. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the contract claim involved. A contract dispute by the FAA against a contractor (excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed within two (2) years after the accrual of the contract claim. If an underlying contract entered into prior to the effective date of this part provides for time limitations for filing of contract disputes with the ODRA which differ from the aforesaid two (2) year period, the limitation periods in the contract shall control over the limitation period of this section. In no event will either party be permitted to file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the contractor has accepted final contract payment, with the exception of FAA claims related to warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the contractor based on warranty issues must be filed within the time specified under applicable contract warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to fraud or latent defects shall be filed with the ODRA within two (2) years of the date on which the FAA knew or should have known of the presence of the fraud or latent defect. 10 8
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F. A party shall serve a copy of the contract dispute upon the other party, by means reasonably calculated to be received on the same day as the filing is to be received by the ODRA.
G. After filing the contract dispute, the contractor should seek informal resolution with the Contracting Officer.
H. The FAA requires continued performance with respect to contract disputes arising under this contract, in accordance with the provisions of the contract, pending a final FAA decision.
I. The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary until payment is made. Interest will not accrue for more than one year.
J. Additional information and guidance about the ODRA dispute resolution process for contract disputes can be found on the ODRA website at http://www.faa.gov.
29. Clearing/Disposing of Debris (09/2021) 6.3.41
A. The Government shall notify the Contractor in writing ten (10) days prior to the start of any clearing of trees and/or brush and tree cuttings.
B. The Contractor grants the Government the right and privilege to enter upon the Contractor’s land in order to cut, trim, tip, shape and maintain any trees situated within the premises and said cutting privilege granted to the Government shall include native grasses, scrub brush, and scrub to trees.
Only those trees that are determined by the Government to interfere with the operation and proper function of the Government’s facility will be subject to the Government’s granted privilege.
Coordination with the Contractor will be made prior to any cutting of any selected trees.
C. The Government agrees to dispose of all grass, brush, and tree cuttings by the Government’s contractor. All tree logs, limbs, or branches 2 or more inches in diameter and 5 feet in length, shall be stacked in an area selected by the Lessor. The Government’s disposal of debris, grass, branches, etc., shall comply with regulatory requirements.
30. Road Maintenance Included in Rent (MODIFIED) 6.3.42The Government does not have exclusive use of the access road, but, shall share the use of the access road with the Contractor and the Contractor’s service providers. Compensation for use of the access road shall be included in the rent. Contractor agrees to maintain the access road to a mutually agreeable standard to be determined by the Government and the City.
31. Organizational Conflict of Interest (01/2023) 6.3.47 A. The offeror or Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in the FAA Acquisition Management System, "Organizational Conflicts of Interest (T3.1.7)", or that the Contractor has disclosed all such relevant information.
B. The offeror or Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor must make a full disclosure in writing to the Contracting Officer. The disclosure must 11 9
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include a mitigation plan describing actions the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the actual or potential conflict. Changes in the Contractor's relationships due to mergers, consolidations or any unanticipated circumstances may create an unacceptable organizational conflict of interest which may necessitate disclosure.
C. The FAA reserves the right to review and audit OCI mitigation plans as needed after award, and to reject mitigation plans if the OCI, in the opinion of the Contracting Officer, cannot be avoided, or mitigated.
D. The Contracting Officer may terminate this contract for convenience in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate this contract for default, debar the Contractor from government contracting, or pursue such other remedies as may be permitted by law or this contract.
E. The Contractor further agrees to insert provisions which must conform substantially to the language of this clause including this paragraph (d) in any subcontract or consultant agreement hereunder.
32. System for Award Management - Real Property (04/2022) 6.4.1-1 (a) Definitions. As used in this clause:
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Entity Identifier (UEI) or the Electronic Funds Transfer indicator, into the SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government. “Unique Entity Identifier (UEI)” (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing Unique Entity Identifiers. “Electronic Funds Transfer indicator” means a 4-characher suffix to the Unique Entity Identifier.
This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
“Contractor” is synonymous with “Offeror” “Lessor” or “Grantor” for real property leases, easements, or other contracts.
(b)(1) By submission of an offer, the Contractor acknowledges the requirement that a prospective awardee will be registered in the SAM database prior to award, during performance, and through final payment of any contract.
(2) The Contractor must enter, in the space below, the contractor's UEI that identifies the Contractor's name and address exactly as stated in the offer. The UEI will be used by the RECO to verify that the Contractor is registered in the SAM database.
UEI: KHYHV4NCNKC8
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(c) If the Contractor does not have a UEI, it should contact www.sam.gov directly to obtain one.
The Contractor should be prepared to provide the following information:
(1) Company* legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized. (3) Company Physical Street Address, City, State, and Zip Code. (4) Company Mailing Address, City, State and Zip Code (if separate from physical). (5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
* Individual (non-corporate) lessors/grantors of real property that are not normally in the business of leasing real property should consider leasing to the Government as a separate business (usually a sole proprietorship) then provide the pertinent ownership information as a sole proprietor when providing this information to www.sam.gov.
(d) If the offeror does not become registered in the SAM database in the time prescribed by the RECO, the RECO may proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of the solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after initial registration, the Contractor is required to review and update, on an annual basis from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g)(1)(i)If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible RECO a minimum of one business day's written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and (C) Agree in writing to the timeline and procedures specified by the RECO. The Contractor must provide the RECO notification and sufficient documentation to support the legally changed name and then execute the appropriate supplemental agreement provided by the RECO to document the name change.
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(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement/supplemental agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the Payment by Electronic Funds Transfer- System for Award Management clause of this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims.
Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the Payment by Electronic Funds Transfer- System for Award Management clause of this contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov or by calling 866-606-8220.
33. Payment by Electronic Funds Transfer- System for Award Management (09/2021) 6.4.2-1 A. Method of payment.
i. Unless waived by the RECO, all payments by the Government under this contract will be made by electronic funds transfer (EFT), except as provided in paragraph (A)(ii) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.
ii. In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either:
a. Accept payment by check or some other mutually agreeable method of payment; or b. Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (D) of this clause).
B. Contractor's EFT information. The Government will make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor must be responsible for providing the updated information to the SAM database.
C. Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.
D. Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request will be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.
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E. Liability for uncompleted or erroneous transfers.
i. If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for a. Making a correct payment;
b. Paying any prompt payment penalty due; and
c. Recovering any erroneously directed funds.
ii. If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and
a. If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or
b. If the funds remain under the control of the payment office, the Government will not make payment, and the provisions of paragraph (D) of this clause will apply.
F. EFT and prompt payment. A payment will be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.
G. EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor must require as a condition of any such assignment, that the assignee must register separately in the SAM database and will be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims, is not permitted. In all respects, the requirements of this clause will apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
H. Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.
I. Payment information. The payment or disbursing office will forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (A) of this clause, the Government will mail the payment information to the remittance address contained in the SAM database.
34. Hazardous Substance Contamination (09/2021) 6.8.1 The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have 15 13
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occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA’s facilities covered by this contract. The Contractor agrees to remediate at its sole cost, all other hazardous substance contamination found on the FAA facility premises. The Contractor also agrees to hold the FAA harmless for all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities.
35. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (07/2023) 6.9.5
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means— (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening. (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, 16 14
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and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.8.9C.1.c(5).
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.8.9C.1.c(5). This prohibition applies to an entity that uses covered telecommunications equipment or services, including use not in support of the Government.
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(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order.
(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor must describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
36. Covered Telecommunications Equipment or Services- Representations (09/2021) 6.9.5-1 (a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning per the "Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment” clause in this contract. (b) Procedures. The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services.
(c) Representations.
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1. The offeror represents that it _________ does, ____X_____ does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it _____________ does, _______X_______ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses telecommunications equipment or services.
37. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (09/2021) 6.9.5-2 NOTE: The offeror must not complete the representation at paragraph (d)(1) in this provision if the offeror has represented that it does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in the provision "Covered Telecommunications Equipment or Services – Representation" (c)(1).
Additionally, The offeror must not complete the representation at paragraph (d)(2) in this provision if the offeror has represented that it does not use covered telecommunications equipment or services, or any equipment, system, or service that uses telecommunications equipment or services in the provision "Covered Telecommunications Equipment or Services – Representation" (c)(2).
PROVISION/CLAUSE:
(a) Definitions. As used in this provision--
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause AMS clause 6.9.5, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibitions.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Nothing in this prohibition will be construed to—
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential part 19 17
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of any system or as critical technology as part of any system. This prohibition applies to any entity that uses covered telecommunications equipment or services, including uses not in support of the Government.
Nothing in this prohibition will be construed to-
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures: The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered telecommunications equipment or services.
(d) Representations.
(1) The Offeror represents that it [ ] will, [x ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that that it [ ]does, [x ]does not USE covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror indicates “does”.
(e) Disclosures. Disclosure for the representation in paragraph (d) (1) of this provision- If the Offeror has responded “will” in the representation in paragraph (d) (1) of this provision, the Offeror must provide the following information as part of the offer— (1) For covered equipment
(i) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (1) of this provision;
(2) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable; or (ii) If not associated with maintenance, the Product Service Code (PSC) of the service being 20 18
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provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded “does” to paragraph (d)(2) of this provision, the offeror must provide the following information as part of the offer—
(3) For covered equipment
(i)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known; (ii) A description of all covered telecommunications equipment offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); and (iii) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (2) of this provision.
(4) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (ii) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
38. Cooperation with Defensive Counterintelligence Program Requirements (DCIP) (09/2021)
6.9.6 a. The FAA’s Defensive Counterintelligence Program (DCIP) (AXI-310) detects, deters, and denies illicit human and technical intelligence collection activities as well as addressing other national security concerns. Such activities and concerns include, but are not limited to, activities conducted by, on behalf of, or otherwise supporting, foreign governments or elements thereof; entities or individuals that meet the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801; foreign organizations; foreign persons; international terrorist organizations or activities; or agents of any of the foregoing; or any other individuals or entities acting on behalf of, or otherwise in support of, any of the foregoing, against the FAA, its employees, facilities, equipment, systems, networks, operations, and information.
b. Consistent with FAA Order 1600.84 FAA Defensive Counterintelligence Program, the contractor is required to cooperate to the fullest extent possible in the following requirements:
1) Any authorized DCIP inquiry or Counterintelligence (CI) investigation connected with this contract requested by the FAA Office of Security and Hazardous Materials Safety (ASH) to include granting authorized ASH or outside investigative department or agency personnel access to contract information, records or contractor personnel;
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and applicable Federal law;
3) When requested by the DCIP, and necessary to protect Controlled National Security Information (CNSI), Sensitive Unclassified Information (SUI), or otherwise protected information, contractor employees must sign a Defensive Counterintelligence Program Non-Disclosure Agreement (NDA) prior to being briefed on any information pertaining to a DCIP inquiry, CI investigation by another Department or Agency, or any other matter related to the DCIP. The NDA is located in Appendix C of the Order and in AMS Procurement Forms. Contractor employees are exempt from acknowledging any language in the NDA associated with unauthorized disclosure of received information that subjects FAA employees to personnel actions specified in the Human Resources Policy Manual (HRPM) Volume 4:
Employee Relations ER-4.1 (4) and applicable collective bargaining agreements. 4) Contractors must first coordinate with the DCIP at [email protected] before contacting any law enforcement or investigative agencies on any known or suspected counterintelligence or other national security concern described in Paragraph 1 of FAA Order 1600.84. 5) Contractors must notify the DCIP as soon as possible if any law enforcement or investigative agency contacts them directly on any matter covered by FAA Order 1600.84. If an employee receives a direct request from an outside law enforcement or investigative agency for evidence related to a counterintelligence or other national security concern as described in Paragraph 1 of FAA Order 1600.84, the employee will refer the law enforcement or investigative agency to AXI-310. 6) Contractors must immediately notify the DCIP at [email protected], and the CO or their designee if their employees observe any of the following- a) Suspected or known acts of foreign intelligence collection activity against the FAA or its employees, systems, networks, operations, facilities, equipment, or information; b) Suspected or known espionage (See Appendix A of FAA Order 1600.84 for definition); c) Suspected or known unauthorized disclosure of CNSI, SUI, or otherwise protected information in the possession of the FAA by a FAA employee to a foreign government or element thereof, a foreign organization, an entity or individual that meets the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801, a foreign person, an international terrorist organization or activity, an agent of any of the foregoing, or any other individual or entity acting on behalf of or otherwise supporting any of the foregoing; or
d) Suspected or known theft, unauthorized disclosure, or unauthorized amassing of CNSI, SUI, or otherwise protected information in the possession of the FAA known or suspected to be for the purpose of conveying it to a foreign government or element thereof, an entity or individual that meets the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801, a foreign organization, a foreign person, an international terrorist organization or activity, an agent of any of the foregoing, any other individual or entity acting on behalf of or otherwise supporting any of the foregoing, or an unknown recipient, or statements of intent by an FAA employee to engage in any such actions. SUI or otherwise protected unclassified information whose theft, unauthorized disclosure, or unauthorized amassing, for the purposes described in the preceding sentence, is of concern includes, but is not limited to:
i. Non-public information from an official FAA data network or information; ii. Imagery;
iii. Technical specifications;
iv. Trade secrets;
v. Proprietary information;
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vi. Sensitive Security Information (SSI); and
vii. Any other SUI
e) Activities similar to those described in paragraphs b(6)(a)-(d) by, on behalf of, or otherwise supporting, potential lone wolf actors, malicious insiders, or transnational organizations of a national security concern.
If notification of the CO or their designee is not feasible owing to the CO and/or their designee being one of the suspicious actor(s), the contractor must notify the DCIP directly at the above email address if they observe any of the above activities.
7) Elicitation attempts. Elicitation is the strategic use of conversation to extract information from people without giving them the feeling they are being interrogated. It is a technique used to discreetly gather information. It is a conversation with a specific purpose: collect information that is not readily available and do so without raising suspicion that specific facts are being sought. The conversation can be in person, over the phone, or in writing.
Contractors must immediately notify the DCIP at [email protected], and the CO and/or their designee if their employees experience any known or suspected direct (e.g., personal encounter or telephone) or indirect (e.g., electronic or written communication) elicitation or attempted elicitation of CNSI, SUI, or otherwise protected information in the possession of the FAA by any suspicious entity or person, regardless of ethnicity, nationality, or FAA employment status, as soon as possible, but no later than 12 hours after the time of the incident, initial detection, or receipt of report, as applicable, or the next business day if the incident, initial detection, or receipt of report, as applicable, occurs on a weekend or holiday. Contractors must report these incidents regardless of where, when, or how the contact took place, or whether the employee was on or off duty. Suspicious activities include, but are not limited to:
a) Direct or indirect contact or communication with a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, seeking access to or disclosure of any CNSI, SUI, or otherwise protected information in the possession of the FAA for which such person does not meet the applicable access requirements, or that is outside the scope of their official duties; b) Direct or indirect contact or communication with a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, seeking specific information about an FAA employee’s official duty responsibilities, work projects, access to information, security clearance, travel plans, coworkers’ identities, or Information Technology (IT) system credentials for which such person does not meet the applicable access requirements, or that is outside the scope of their official duties; c) Direct or indirect contact, communication, or observance of a known or suspected foreign or foreign- affiliated person, or an unknown or unfamiliar person, seeking unauthorized access to FAA employees, equipment, operations, systems, information, facilities, or networks, including through a Personal Electronic Device (PED);
d) Direct or indirect contact, communication, or observance of a known or suspected foreign or foreign- affiliated person, or an unknown or unfamiliar person, introducing, or seeking to introduce, unauthorized digital media or software into any FAA equipment, facilities, systems, or networks, including through a PED;
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systems, or networks;
f) Threats, attempts to coerce, or attempts to exploit any FAA employee by a known or suspected foreign or foreign-affiliated person, or by an unknown or unfamiliar person, in order to illicitly acquire FAA information or access to FAA employees, equipment, operations, facilities, systems, information, or networks;
g) Solicitation by any person of FAA information for which they do not meet the applicable access requirements or that is outside the scope of their official duties; h) A request by any person for access to FAA employees, facilities, equipment, operations, systems, information, or networks for which they do not meet the applicable access requirements or that is outside the scope of their official duties; and
i) Suspicious or unexplained contact by any person with an FAA employee, where the person has suspicious or unexplained knowledge of the employee.
Unless requested by ASH, contractors must not disclose an elicitation attempt of the nature described above, in any other manner than to report the attempt to the CO or their designee and request that they report it to the DCIP. If that is not feasible, or if the CO or their designee are the suspicious actor(s), contractors may make these reports directly to the DCIP at the above email address. Contractors must not take any actions on their own initiative, as doing so may interfere with a DCIP inquiry or CI investigation.
c. Failure to cooperate with any of the activities under section (b) above may be considered by the FAA to be a material breach of the contract.
d. The Contractor is responsible for ensuring that the provisions of this clause flow down to its subsidiaries, subcontractors, and consultants performing this contract.
39. Notices (09/2021) 6.10.1 All notices/correspondence must be in writing, reference the Contract number, and be addressed as follows:
TO THE AIRPORT:
City of Torrance – City Clerk
3031 Torrance Blvd.
Torrance, CA 90503
TO THE GOVERNMENT:
Federal Aviation Administration
Federal Aviation Administration
Real Estate & Utilities Group
2200 S 216th Street
Des Moines, WA 98198
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40. Signature Block (09/2021) 6.10.3 This Contract shall become binding when it is fully executed by both parties. In witness whereof, the parties hereto have subscribed their names as of the date shown below.
CITY OF TORRANCE,
a municipal corporation ATTEST:
By: ______________________________ By: _________________________ George K. Chen Rebecca Poirier, MMC Mayor City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By: ______________________________
Tatia Y. Strader
Assistant City Attorney
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By: _________________________
Print Name: Polly Martin
Title: Real Estate Contracting Officer
Date: ________________________
25 23
Federal Aviation Administration
On-Airport Land Lease, 04/2024
OMB CONTROL NO. 2120-0595
ATTACHMENTS/EXHIBITS:
Number Title Date Number
of Pages
1 Exhibit A-1 RTR Legal Description 1
2 Exhibit A-2 REIL RWY 29L Legal Description 2
3 Exhibit A-3 VASI RWY 29R Legal Description 2
4 Exhibit A-4 VASI RWY 11L Legal Description 2
5 Exhibit A-5 LOC Legal Description 2
6 Exhibit A-6 GS & SWS Legal Description 2
7 Exhibit A-7 VASI 29L Legal Description 2
8 Exhibit A-8 MALSR 29R Legal Description 1
26 E
X
HIBI
T
A- 1 LE GAL DESCRIPTION
REMOTE TRANSMITTER/RECENER
TO
RRANCE
1v1UNIC
IP
A
L
AIRPORT
TORRANCE, CALIFORNIA
A rectangular plot of land 30.0 0 feet b y 60.00 feet and two plots of land 10 .00 feet by 10.00 feet square, totaling 0.0 459 acres, more or less, loc ated on the Torrance Municipal Airport, described as follows:
Those portions
of
Lot
1,
Tract No. 9765 in the city of Torrance, Count y of Los Angeles, State of California, as
recorded in Book 170, Pages 10, 11 and 12 on Maps , Records of said Coun ty, more particularly described as follows:
Parcel 1
Beginning at th
e
intersect ion of the centerline of Winlock Dri ve and Pacific Coast Hi ghway, as s
hown on M ap of Tract No. 13994 recorded in Book 375, Pages 4 9 an d 50 of Maps, Records of said County; thenc e alon g the Northeasterly prolongation of the centerline of said Winlock Drive; North 44° 1 O' 25" E ast, 50.00 feet to the Nort heasterly lin e of said Pacific Coas t Highway; thence along s
aid
northeast erly line South 45° 4 9' 35" East, 2285.28 feet; thence North 38° 14' 05" East , 988.23 feet; thence Sout h 51° 45' 55" East 93.76 feet; thenc e North 38° 14' 05" East, 110.00 feet to the true point of beginning; thence North 38° 14 ' 05" East 30.00 feet; t hence North 51° 45' 55" West, 60.00 feet; thence South 38° 14' 05" West, 30.00 feet; thence South 5 1 ° 45' 55" East, 60.00 feet to the true point of beginning, said parcel containin g 0.0413 acres, more or less.
Parcel 2
Beginning at the true point of beginning of Parcel 1 above, thence N orth 51 ° 45' 55" West 97 .00 feet; thenc e North 38° 1 4' 05" East, 10. 00 feet to the true point of beginning North 38° 14' 05" East, 10.00 feet; thence Nort h 51° 45' 55" West 10.00 feet; thence Sout h 38° 14' 05" West, 10.00 fe
et;
thenc
e
South 51 ° 45' 55" Eas
t,
10 .00
feet to the true point of begi nning, said parcel
containing 0.0022 acres, more or less.
Parcel 3
Beginning at the true point of beginning of Parcel 1 above, thence South 5 1 ° 45' 55" East 63.00 feet; thence North 38° 14' 0
5"
East, 10.00 feet to the true point of beginning; Nort h 38° 14' 05" East , 10.00 feet; thence North 51 ° 45' 55" West I 0.00 feet; th ence South 38° 14' 05" Wes t, 10.00 fe
et;
thence So.u th 51° 45' 55" East, 10.00 feet to th e true poi nt of b eginning, sai d parcel containing 0.0022 acres, more or less.
27 LEGAL DESCRIPTION
TOR.RANCE ACRPORT
REIL, RUNWAY 29L
Those portions of lo( I. Tract No. 976.5, in the City of Torrance. Coun(}' of Los Angeles, State of California as per map recorded in Book 170, pages I 0, I l and l 2 of Maps., Records of said County, more particularly described as follows:
PARCEL l:
Beginning at a point perpendicularly distant seventy (70) feet W csterly from the centerline of Crenshaw Boulevard, 100 feet wide, as said Boulevard eJtisted ou Dc:c:embcr 21, 19.55, and perpendicularly distant sixty (60) fc::et Southerly from the Nortl)Cfly line of Lot I in Tract No. 9765; thence North 62°50'50" West, parallel to the Northerly line of said Lot I, a distance of 2360 � thence South 27"09'10" West, 401.10 feet; thence South 51°45'55"East, 3.76 feet to the TRUE POrNT OF BEGlNNING; thence South 51 °45'55" East., 55.64 feet; thence South 14°39'0.5" West, 38.74 feet, thence North 75°20'55" West, 58.25 feet to Point A, said Point A being on chc centerline of a 23.50 foot wide stom, drain; thence North 75"20'55" West, l l.75 feet; thence North 14°39'0.5" East, 61.00 fed; thence South 75°20'55" East. 19.01 feet to the TRUE POINT OF BEGINNING.
PARCEL 2:
A strip of land 11.75 feet ia width, the Westerly line of said strip being described as follows:
Begi1U1ing at said Point A of Parcel l; thence South 14°39'05" West, aJoog the centerline of said stonn drain 1016. 00 feet more or � to Point D. a point oo the interscdioo with the centerline of the seoondary runway seventy-five (75) feet wide located in the Municipal Airport of the City of Torrance; thence cootinuing
along
the centerline of said storm drain South 14°39'05" West, 89 .00 fu::t more or less to Poiat B, a point distant Southwesterly eighty (80) feet measured at a right angle from the centerline ofsa.id $COOOdaty runway, said strip being bounded Northerly by the Southerly lioe of Parcel 1 and bounded Southwesterly be a line which bears North 51 °45'55" West and passes through said point B.
PARCEL 3:
A n:ctaogular strip of land 20.00 foet in width, the Northwesterly line of said strip being desc ribed as follows:
Beginning at said Point "B" of Parcel 2; thence South 38° 14 '05" West. 50.00 feet.
PARCEL4:
A parcel of land 20 .00 fc:a square whose sides arc pcrpendiculat and parallel respectively with the ceaterline of said secondary runway, the Southerly corner of said Parcel 4 being located as follows:
Exhibit A-2
28 Beginning at said Point "D" of Parcel 2; thence along the centerline of said secondary ruoway South 51 °45' 55" East 140.00 feet more or less to Point "E", a point on the intersection wich the centerline of Taxiway "G", fifty (50) feet wide, also located in said Municipal Airport; thence continuing along
the
centerline of said secondary run way and its Southeasterly projection bearing South 5 l 045'S5" East. 75.00 feet: thence Northeasterly at a right angel to said Southeasterly projection of a distance of67.50 fed to Point "F", the Southerly comer of said Parcel 4.
PARCELS:.
A parcel ofland 20.00 feet square whose sides are perpendicular and parallel respectively with the centerline of said secondary runway. The Easterly corner of said Parcel 5 being located as follows:
Beginning at said Point "E", described above on Parcel 4; thence along the centerline of said secondary runway and its Soutl,castcrly proj::ction bearing Soutl1 51 °45'55" East. 15.00 feet; thence Southwesterly at right angles to said Southeasterly projection a distance of 67.50 feet to Point "'G", the Easterly comer of said Parcel 'i.
J?AR.CEL 6;.
A strip of land four (4) feet in width, the centerline of said strip being de.scribed as follows:
Beginning at said Point "F" of Parcel 4, thence Souch 6°45'55" East, 7.07 feet; thence South 38° 14'05" West, 125.00 feet; thence South 83°14'05" West, 7.07 feet to Point .. G .. of Parcel 5.
Said strip being bounded Northerly by the Southeaste rly and Southwesterly lines of Parcel 4 and being bounded Southwestx:rty by the Northeastcr1y and Southeasterly lines of Parcel 5.
PARCEL 7:,
A strip ofland four (4) feet in width, the centerline of said strip being described as follows:
Beginning at the Westerly comer of s.ud Parcel 5; thence Northwesterly in a direct line to the entrance of an existing 3" electrical conduit ruMing perpendicular to s.ud TAXIWAY "G" and distant Southwesterly 97.00 feet measured at right angels from the centerline of said secoodary runway; thence Northwesterly along said existing 3" el ectrical conduit a dist.a.nee of 50.00 feet; thence Westerly in a direct line to the Southerly comer of said Parcel 3. Bounded Ea.�terly by the Northwesterly and Southwesterly lines of said Parcel 5, bounded Westerly by the Southeasterly lin e and the Southeasterly projection of the Southwesterly line of Parcel 3. 29 LEGAL DESCRIPTION
VASI RWY 29R
TORRANCE MUNICIPAL AIRPORT
TORRANCE, CALIFORNlA.
Those portions of Lot 1, Tract No. 9765 in the City
of
Torrance, County of Los Angeles, State of
California, as per map recorded in Book 170, Pages 10, 11 and 12 on Maps, Records of said County, further described as follows:
Parcel 1 (Power Source)
Beginning at a point perpendicularly distant seventy (70) feet Westerly from the centerline of Grenshaw Boulevard, 100 feet wide, as said Boulevard existed on December 21, 1955, and perpendicularly distant sixty (60) feet Southerly from the Northerly line of Lot 1 in
Tract
No.
9765; thence North 62° 50' 50" West, parallel to the Northerly line of said Lot 1, a distance of 2360 feet; thence South 27° 09' IO" West 401.10 feet; thence South 51 ° 45' 55" East, 3. 76 feet to the true point of beginning; thence South 51° 45' 55" East, 55.64 feet; thence South 14° 39' 05" West, 38.74 feet; thence North 75° 20' 55" West, 58.25 feet to Point ''A", said Point "A" being on the centerline of a 23.50 foot wide storm drain; thence North 75° 20' 55" West, 11.75 feet; thence North 14° 39' 05" East, 61.00 feet; thence South 75° 20' 55" East, 19.01 feet to the true point of beginning.
Parcel 2 (Cable Run)
A strip of land 11.75 feet in width, the Westerly line of
said
strip being described as follows:
Beginning at the said Point "A" of Parcel 1, thence South 14° 39' 05" West, along the centerline of
said
storm drain a distance of 471.00 feet; more or less, to Point "D", a point on the intersection with the centerline of the Main Runway One Hundred Fifty (150) feet wide located in
the Municipal Airport
of the City of Torrance; thence continuing along the centerline of said storm drain South 14° 39' 05" West, 129.00 feet; more or less to Point "B", distant Southwesterly One Hundred Nineteen (I 19) feet measured at right angle from the centerline of said Main Runway, said strip being bounded Northerly by the Southerly line of said Parcel 1 and bounded Southwesterly by a line which bears North 51° 45' 55" West and passing through said Point "B".
Parcel 3 (Downwind VASI Unit)
A rectangular strip of land 20.00 feet in width, the Northwesterly line of said strip being described as follows:
Beginning at said Point "D" of parcel 2, thence South 51 ° 45' 55" East along the centerline of said Main Runway to Point "E", distant North 51 ° 45' 55" West, 550. 00 feet measured along said centerline from the Southeasterly end of said Main Runway; thence South 38° 14' 05" West Exhibit A-3
30 115.00 feet; thence South 51° 45' 55" East, 77 feet to the true point of beginning; thence South 38° 14' 05" West, 50.00 feet to the end of the line. This parcel contains 0.023 acres, more.or less.
Parcel 4 {Upwind VASI Unit)
A rectangular strip of land 20.00 feet in width, the Southeasterly line of said strip being described as follows:
Beginning at said Point "E" of parcel 3, thence South 38° 14' 05" West, 115.00 feet; thence North 51 ° 45' 55" West, 413.00 feet to the true point of beginning, thence South 38° 14' 05" West 50.00 feet to the end of the line. This parcel contains 0.023 acres, more or less.
Parcel 5 (Cable Run)
A strip of land 4.00 feet in width, the Southwesterly line of said strip being described as follows:
Beginning at the most Westerly comer of Parcel 3, said comer being also the true point of beginning, thence North 51° 45' 55" '\Vest 490.00 feet to the most Southerly comer of Parcel 4 above. Said strip being bounded Northwesterly by the Southeasterly line of said Parcel 4 and bounded Southeasterly by the Northwesterly line of Parcel 3.
Parcel 6 (Cable Run)
A strip of land 4.00 feet in width, the Northeasterly line of said strip being described as follows:
Beginning at the most Northerly comer of Parcel 4, said comer being also the true point of beginning, thence North 51 ° 45' 55" West to a point on the Easterly line of Parcel 2. Said strip being bounded Southeasterly by the Northwesterly line of said Parcel 4 and bounded Westerly by the Easterly line of Parcel 2.
31 LEGAL DESCRIPTION
VASI RWY 1 IL
TORRANCE MUNICIPAL AIRPORT
TORRANCE, CALIFORNIA
Those portions of Lot 1, Tract No. 9765 in the City of Torrance, County of Los Angeles, State of California, as per map recorded in Book 170, Pages 10, 11 and 12 on Maps, Records of said County, further described as follows:
Parcel 1 (Upwind VASI Unit)
'
A rectangular strip of land 20.00 feet in width, the northwesterly line of said strip being described as follows:
Beginning at the intersection of the Westerly line of the land .described "first" in the deed recorded June 8, 1932, as Instrument No. 903
in
Book 11562, Page 301 of Official Records of
said County with a line parallel with and distant Southwesterly 265.00 feet, measured at right angles from the Northerly boundary, and its Southeasterly prolongation, of the land described in the deed recorded in Book 20369, Page 5 of Official Records of said County, said parallel line being the Northwesterly prolongation of the centerline of the existing Main Runway, one hundred fifty (150) feet wide of the Municipal Airport of the City of Torrance; thence along said centerline prolongation South 51 ° 45' 55" East, 809.08 feet to a point on the Northwesterly end of said Main Runway; thence continuing along the centerline of said Main Runway, South 51 ° 49' 55" East, 550.00 feet to a point hereafter referred
to
as Point "A"; thence North 38° 14' 05"
East 115.00 feet; thence South 51 ° 45' 55" East 403.00 feet to the true point of beginning; thence North 38° 14' 05" East 50.00 feet to the end of the line. This parcel contains
0.023
acres, more
or less.
Parcel 2 (Downwind VASI Unit)
A rectangular strip of land 20.00 feet in width, the Southeasterly line of said strip being described as follows:
Beginning at the above-mentioned Point "A", thence North 38° 14' 05" East, 115.00 feet; thence N01th 51 ° 45' 55" West 77.00 feet to the true point of beginning; thence North 38° 14' 05" East,
50.00 feet to the end of the line. This parcel contains 0.023 acres, more or less.
Parcel 3 (Cable Run)
A strip of land 4.00 feet in width, the Northeasterly line of said strip being described as follows:
Beginning at the most Northerly corner of Parcel 1 above, thence North 51 ° 45' 55" West 480.00 feet to the most Easterly corner of Parcel 2; bounded Southeasterly by the Northwesterly line of said Parcel 1 and bounded Northwesterly by the Southeasterly line of said Parcel 2.
Exhibit A-4
32 Parcel 4 (Cable Run)
A strip ofland 4.00 feet in width, the Northeasterly and Northwesterly lines of said strip being described respectively as follows:
Beginning at the most Northerly corner of said Parcel 2, thence North 51 ° 45' 55" West 971.15 feet; thence South 38° 14' 05" West, 359.20 feet to the end of the line. Bounded most Southeasterly by the Northwesterly line of said Parcel 2 and bounded most Southwesterly by a line bearing North 36° 45' 55" West and passing through the end of said described line. 33 lease Description
ILS Localizer, RWY 29R
Those portions of Lot 1, Tract No. 9765, in the City of Torrance, County of Los Angeles, State of California, as per map recorded in Book 170, Pages 10, 11, and 12 of Maps, in the office of the Recorder of said County, described as follows:
PARCEL A
Beginning at a point, hereinafter referred to as Point "A", said point being a point of intersection of the Westerly line of the land described "firsr in the deed recorded June 8, 1932, as Instrument No. 903 in Book 11562, page 301 of Official Records of said County, with a line parallel with and distant Southwesterly 265.00 feet, measured at right angles, from the n.ortherly boundary and its Southeasterly prolongation of the land described in the deed recorded In Book 20369, page 5 of Official Records of said County, said parallel line being the Northwesterly prolongation of the centerline of the existing hard surface of the main runway (Ill - 29R) at the Torrance Municipal Airport as said centerline existed November 3, 1971; thence along said centerline prolongation, South 51°45'55" East, 809.08 feet to a point, being a railroad spike, marking the intersection of said centerline with the northwesterly terminus of the existing hard surface of said runway; thence North 51°45'55" West, 440.08 feet to the TRUE POINT OF BEGINNING; thence South 38°14'05• West, 70.00 feet; thence North 51°45'55" West, 40.00 feet; thence North 38°
14'05" East, 140.00 feet; thence South 51°45'55" East, 40.00 feet; thence South 38°14'05" West,
70.00 feet to the TRUE POINT OF BEGINNING containing 0.13 acres more or less.
PARCEL B
Beginning at said railroad spike described above, thence North 51°45'55" West, 460.08 feet, thence South 53°14'05" West, 195.00 feet to the TRUE POINT OF BEGINNING; thence South 53 °14'05" West, 30.00 feet; thence North 36
°45'55" West, 20.00 feet; thence North 53
°14'05" East, 30.00
feet; thence South 36°45'55" East, 20.00 feet to the TRUE POINT OF BEGINNING, containing 0.01 acres more or less.
RESTRICTED AREA
Beginning at said railroad spike described above, thence South 51°45'55" East, 539.92 feet to the TRUE POINT OF BEGINNING, thence South 33°14'05" West, 200.00 feet; thence North 51°45'55" West, 850.00 feet to a point of beginning of a non-tangent curve concave Southeasterly having a radius of 250 feet, a radial line to said point bears South 1
°
21·53• West, thence Westerly, Northwesterly, Northerly, Northeasterly, Easterly, Southeasterly and Southerly along said curve with a central angle of 253°44'24" and an arc distance of 1107.15 feet to a point of intersection with a line bearing North 51 °45'55" West:
thence South 51°45'55" East, 850.00 feet; thence South 38°14'05" West, 200.00 feet to the TRUE POINT OF BEGINNING, containing 11.67 acres more or less.
RESERVING THEREFROM:
An easement for sewer purposes, being a ten (10) foot wide strip of land, the centerline of which is described as follows:
Beginning at a point, distance 297 .66 feet southerly, measured along the Wester1y line of said Lot 1, Tract No. 9765, from said Point "A" as described in Parcel A; thence North 85°14'20" East to the Northeasterly line of the Restricted Area described above.
ALSO RESERVING THEREFROM:
An easement for electrical and telephone purposes, being a four (4) foot wide strip of land, the centerline of which is described as follows:
Exhibit A-5
34 Beginning at a point distance 429.90 feet Southerly, measured along the Westerly line of said Lot 1, Tract No. 9765, from said Point "A" as described in Parcel A; thence North 52°01'32" East, 139.64 feet to
the
end of said centerline, said strip being bounded Northeasterly by a line drawn at right angle through the Northeasterly terminus of said centerline, bounded Westerly by the Westerly line of said Lot 1, Tract No. 9765,
SAID RESTRICTED AREA DESCRIBED ABOVE:
To be restricted as follows:
a. Interference Sources: The area shall be kept free from further development of all buildings, power lines, fences, light standards, trees, shrubs, etc., which would derogate the radiation pattern of the localizer antennas.
b. Surface Traffic: The area shall be kept free of such surface traffic as cars, trucks, planes, and tractors, mowing equipment, etc., during landings by aircraft using this localizer during Instrument flight rule conditions.
c. Vegetation Growth: Vegetation shall not be permitted to exceed 12 inches in height in the restricted area. The Lessor shall notify the FAA in sufficient time prior to any mowing or other sustained activity in order that a NOT AM may be issued and personnel scheduled to shut down the localizer during such operations and return it to service afterwards. d. Farm Crops: Crops shall be limited to the growth of lima beans which shall not exceed the vegetation height limitation of 12 inches. Vehicles operating within this area must be in contact with the tower through City of Torrance Airport Operations and shall remove the vehicles immediately upon request.
35 LEGAL OESCRIPTION
TOR.RANCE AIRPORT
GUDE SLOPE (GS). RUNWAY 29R & SURFACE WEATHER SYST(M (SWS) Those portions of Lot I, Tract No 9765, in the City of Torr;J.J1cc, County of Los Angeles, Stat� of California :is per map recorded in Book 170, Pages I 0, I I and 12 of Maps, records of saiu County, more particularly d(;Seribcd a.s follows:
Parcel
(Lease Area)
Beginning at a point perpcndicubr distant seventy (70) feet Westerly from the centerline of Crenshaw Boulevard, 100 feet wide. as said Boulevard existed on December 21, 1955, and perpendicularly distant six:ty (60) feet South erly frorn the Northerly line of Lor I in Tract No. 9765: thence North 62°50'50" West. parallel to the Northerly line of said Lot I, a distance of 2360 feet; thence South 27°09' IO" West, 401.10 feet to a point, hereath:r referred 10 as POINT ''Ir·; 1hcocc north 5 I c45 • 55" West , 210.53 feet; thence South 38 ° 14'05" Wes I, 490 ft:e1 more or less to ;i poiut on the centerline of au e"isting Main Runway 150 feet wide: located at the Municipal l\irport of the
City
ofTorrance; u1ence South 51 °45' 55" East along 1he centerline of said existing Main Runway to a point, hereafter referred to as POINT "I", distant Northwesterly 1422.00 feel measured along �aid centerline from the Southeasterly end of SJ.id Main Runway; thence North 38 ° 14'05" East, 250.00 fee1 to the TRUE POINT OF BEGINNING; thence North 51 °45'55" West.., 70.00 feet: thence North 38° ) 4 '05" East, 200.UO feet; thence South 51 °45'55" East, 270.00 feet: thence South )8 ° 14 '05" West, 200.00 feel thence North 51 °4.'i'.55" West, 200.00 feet to the
TRUE POINT OF BEGINNING
PARCEL 1
(Lease Arta)
A Strip of Land 20.00 feet in width, the centerline of said strip being described as follows:
Or.ginning at the above menlioncd Point "ff'; thence South 5 I 0 45' 55" East, 17.10 feet to th.:
TRUE POINT OF BEGINNING; the11ce Southeasterly in a direct line to the Northerly comer of P.uccl I above, Bounded Nor1heasterly by a line bearing South 51 °,15'55" East and passing through the above rnentiooed Point "H", bounded Soulhe:isterly by the Northeasterly and Northwesterly lines o( Parcel I :ibovc.
PARCEL 3
(Resuic1ed Arel - RcOective Arca)
Aeginning at the above mentioned Point "H'' the: TRUE POINT Of BEGINNING; thence Soutl1 51 °45'55" East. 907.47 feet; thence South 38 ° 14'05" West, 70.00 feet: thence South 51 °45'15" Ea.st. 1060.00 fecc: thence South 38° 14'05" West. 495.00 feet: thence North 51 °45 °55" West, 2200.00 feet: thence North 38°14'05" East, 565.00 feet: thcn<.:e South 5 l 045'55" East, 232.53 feet to the TRUE POINT OF BEGINNING.
Exhibit A-6
36 PARCEL 4
(Restricted Arca - No Parking Area)
Dcginning at the above mentioned POfNT "H'', the TRUE POINT OF BEGrNNfNG: thence Soutl1 51°45'55" East, 907.47 feet; thence South 38° 14'05" West, 70.00 feet; thence South 51 °45'55" east, 1060.00 feet; thence South 3&0 14'05" West, 495.00 feet; thence North 51°45'55" West, 2200.00 feet; thence North 38 °14'05" East, 565.00 feet; thence South 51 °45'55" East, 232.53 feet to the TRUE POINT OF BEGfNNfNG.
PARCELS
(Restricted Area - Critical Area)
Beginning at the above mentioned POfNT "I"; thence North 38° 14'05" East, 75.00 feet to the TRUE POINT OF BEGrNNfNG; thence North 3&0 14'05" East, 415.00 feet; thence South 51 °45'55" East, 740.00 feet thence South 38°14'05" West, 70.00 feet; thence Soud1 51 °45'55" East, 682.00 feet; tl1cncc South 38° 14'05" West, 345.00 feet; thence North 51°45'55" West, 1422.00 feet to the TRUE POINT OF BEGINNING.
37 Exhibit A - 7
LEGAL DESCRIPTl ON
TOR.RANCE AIRPORT
VASI, RUNWAY 29L
Those portioos of Lot I, Tract No. 9765, in the City of Torrance, County of Los Angeles, State of California as per map recorded in Book No. 170, Png� IO, 11 and 12 of Maps, Reco,:ds of said County, more particula,ly dcscnbed as follows:
PARCEL l:
Beginning at a point perpendicularly distant seventy (70) feet Westerly from the centerline of Crenshaw Boulevard, I 00 feet wide, as said Boulevard existed oo Decembei' 21, 1955, and perpendicularly distant sixty (60) feet Southerly from the Northerly line of Lot l i.n Tract No. 9765; thence North 62°50'50"Wcst, parallel to the Northerly line of said Lot l. a dist.ancc of2360 feet: thence South 27°09' 10" West.401.10 feet: thence South 51 °4.5'55" East, 3.76 feet to the TRUE POINT OF BEGINNING; thence South 51°45'55" East, 55.64 feet; thence South 14°39'05" West, ;38.74 feet; thence North 75°20'55" West. 58.25 feet to Point "A", said Point "A"bcingoo the centerline of a 23.50 foot wide storm
drain;
d1ence North 75°20'55" West, 11.75
feet; thence North 14°39'05" East, 61.00 feet. thence South 75°20'55" West. 11.75 feet, thence North 14°39'05" East, 61.00 feet; dlence South 75°20'55ft East, 19.01 feet to the TRUE POlNT OF BEGlNNINO.
PARCEL 2:
A strip of land 11. 7S feet in width, the Westerly line of said strip being described as follows:
Beginning at said Point "A" of Parcel I; tl1eoce South 14 °39'05" West, along the centerline of said storm drain 1 IOS.00 feet more or less to Point "B" distant southwesterly eighty (80) feet measured at a right angel from the centerline of the sexx>ndary runway seventy-five (7S) feet wide of Municipal Airport of the City of Torrance, said strip being bounded Northerly by the Southerly line of Parcel l and bounded Southwesterly by a line which bears North 51°45'55" West and passes through said Point "B".
PARCEL;):
A rectangular strip of land 20. 00 feet in width. the Northwesterly line of said strip being described as follows:
Beginning at said Point "B" of Parcel 2; thence South 38°14'05" West, 50.00 feet.
PARCEL 4:
A strip ofland 4 .00 feet i.n width, the centerline of said strip being described as follows:
Beginning at said Point "B" of Parcel 2; thence North 6°45'55" West, 12.50 feet; thence North 51 °45 '55" West, 521.00 fee� thence South 8'.3° 14 '05" West. 12.50 feet to Point "C". Said strip being bounded Easterly by the Westerly lines of Parcels 2 and 3 and being bounded Southwesterly by the Northerly and Easterly lines of Parcel 5.
FAA AWP-S4B Pg Ha)
38 PARCEL, 5�
A rectangular strip of land 20.00 feet in width, the Southeasterly line of said strip being described as follows:
Beginning at said Point "C" of Parcel 4; thence south 38 ° 14'05" West, 50.00 feet.
FAA AWP-548 Pg l(b)
39 40
ATTACHMENT 2
MATERIAL AVAILABLE
AIRPORT TRAFFIC CONTROL TOWER LEASE
(WILL BE POSTED PRIOR TO CITY COUNCIL MEETING)
41