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HomeMy WebLinkAboutContract 26217 CITY SECRETARY CONTRACT NO. U.S. Department of Transportation Lease No. DTFA07-01-L-00780 FEDERAL AVIATION ADMINISTRATION Remote Transmitter/Receiver Southwest Region (RTR) Site and Access Road Fort Worth, Texas 76193-0054 Fort Worth Meacham International Airport Fort Worth, Texas LEASE Between CITY OF FORT WORTH, TEXAS and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this -�2 3 day of 11. 1 ,1T(,,&,t ,in the year, two thousand, by and between the CITY OF FORT WORTH, TEXAS, whose address is: Aviation Department, Fort Worth Meacham International Airport, 4201 North Main Street, Suite 200, Fort Worth, Texas, 76106-2749, for itself or its successors and assigns, hereinafter referred to as the Lessor and the LTNITED STATES OF AMERICA, hereinafter referred to as the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: For the term beginning October 1, 2000, and ending September 30, 2001, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: REMOTE TRANSMITTER/RECEIVER (RTR) S) ITE AND ACCESS ROAD A 100 foot by 100 foot parcel of land upon which to install, operate, and maintain a Remote Transmitter/Receiver(RTR) facility, an Access Road, a power cable from the existing Glide Slope to the Remote Transmitter/Receiver, and a power cable from the Remote Transmitter/Receiver to the existing Airport Traffic Control Tower, located on jFFICIAL E'EC,0E �0Iy SEC k'APPA Lease No. DTFA07-01-L-00780 Remote Transmitter/Receiver (RTR) Site and Access Road Fort Worth Meacham International Airport Fort Worth, Texas Fort Worth Meacham International Airport, Fort Worth, Texas, as more particularly shown on Drawing No. SW-D-9709-1A (Exhibit"A"), dated December 1, 1980, attached hereto and made a part hereof. (a) Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (30) days' notice that it will not exercise its options, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 2020. 3. CANCELLATION: The Government may terminate this lease at any time by giving at least 30 days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. U�RMA IPE,DJ° 2 Lease No. DTFA07-01-L-00780 Remote Trans mitter/Receiver (RTR) Site and Access Road Fort Worth Meacham International Airport Fort Worth, Texas 4. RENT: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of the remote transmitter/receiver facilities hereby leased. 5. NON-RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 8. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor U�HGD"'L, E(CJG1D K Lease No. DTFA07-01-L-00780 Remote Trans mitter/Receiver (RTR) Site and Access Road Fort Worth Meacham International Airport Fort Worth, Texas agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 9. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 10. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 11. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 12. CONTRACT DISPUTES : All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by Lessor or duly authorized representative of the Lessor and submitted to the Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within six months after the U WKNA GPS-00®D 4 Lease No. DTFA07-01-L-00780 Remote Transmitter/Receiver (RTR) Site and Access Road Fort Worth Meacham International Airport Fort Worth, Texas accrual of the contract dispute. The contracting officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor references the matter to the FAA Office of Dispute Resolution for Acquisition. Information relating to submitting a dispute will be provided by the Contracting Officer, upon request. 13. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's successors and assigns. 14. NOTICES: All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: City of Fort Worth, Texas Fort Worth Meacham International Airport Aviation Department 4201 North Main Street, Suite 200 Fort Worth, TX 76106-2749 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, TX 76193-0054 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF FORT WORTH, TEXAS THE UNITED STATES OF AMERICA BY: BY: Nina B. Neligh TITLE: Asgl g nY C/fV l Ayer- TITLE: Contracting Officer APPROVED AS TO FORM AND LEGALITY: l ORa GOA, PECOM Assistant Cit ttarney g_�3�4U 5 ry r. Lease No. DTFA07-01-L-00780 Remote Transmitter/Receiver (RTR) Site and Access Road Fort Worth Meacham International Airport Fort Worth, Texas CORPORATE CERTIFICATE certify that I am the dj-��Ltl- the Corporation named in the foregoing agreement, that 6t- who signed said agreement on behalf of said corporation, was then thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this.).� day of , Ij aZt�o Signed CORPORATE SEAL OFFMA 6 fro ��� C�Q l� 4-1'a l., WE N 0- W10 v5 $ IX 1 7 S ¢2a Ir o_ orcw2: F- 1'0 o X 1 am 3a gj� W — Al ry F.w4 /e 1 A ti, i aLL � dam \ w - w z3� � 3 \ _ i R � � Lj - - it W A w z N 0,C)\ , _ 1 N JL �L -JL— L-j 1 � i City of Fort Worths Texas Imaffor andcouncil Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/13/00 **L-12822 55REMOTE 1 of 1 SUBJECT LEASE RENEWAL FOR FEDERAL AVIATION ADMINISTRATION REMOTE TRANSMITTER RECEIVER SITE AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a lease renewal with the Federal Aviation Administration (FAA) for a Remote Transmitter Receiver (RTR) site at Fort Worth Meacham International Airport. DISCUSSION: On February 1, 1981, the FAA entered into FAA License No. DTFA07-81-L-01029, for a parcel of land consisting of 10,000 square feet in the central portion of Fort Worth Meacham International Airport. This agreement will expire on September 30, 2000. The FAA desires to enter into a renewal lease (DTFA07-01-L-00780) with the same terms and conditions. The remote transmitter is operated by the FAA Air Traffic Control Tower and is an essential part of the communications link with aircraft. The term of the renewal lease agreement will begin October 1, 2000, and end on September 30, 2001. The FAA may, at its option, renew the lease from year to year, without further action from either party until September 30, 2020. The City and the FAA agree that no rental payments are required because of the mutual benefit provided by the RTR to the flying public. The FAA may terminate this lease at any time, by giving at least thirty days written notice. All terms and conditions of the lease agreement will be in accordance with standard City and Aviation Department policies. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. RG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 17fPlKJVED Ramon Guajardo 6140 /'y Originating Department Head: CITY COUNCIL. Lisa A.Pyles 5400 (from) JUN 13 2000 Additional Information Contact: �•...—t i City Snenwr f df MT Luis Elguezabal 5401 CUT of Fart W"o,f� '