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HomeMy WebLinkAboutContract 30576 SF,-RETRY ",;,SACT NO. l Lease No. DTFASW-05-L-00041 Underground Cable Conduits to Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) Runway 16, Alliance Airport Fort Worth, Texas LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF FORT WORTH, TEXAS THIS LEASE is hereby entered into by CITY OF FORT WORTH, whose address is 1000 Throckmorton, Fort Worth, Texas 76102, hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government. This lease shall become effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein, bind the Lessor and the Lessor's administrators, successors and assigns: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: An easement beneath the surface of a site located 1.9 miles south of SH 114, at the Atchison, Topeka, and Santa Fe Railroad Company Station 19250+71, with reasonable right-of-entry to locate, service, maintain, and/or repair its four electrical conduits connected to the Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) on Runway 16, Alliance Airport, Fort Worth, Denton County, Texas. Said site is highlighted in yellow and more particularly described on FAA Drawing No. SW-D-11006-3, marked Exhibit "A," and FAA Drawing No. SW-D-11003-4, marked Exhibit"B" which by this reference are 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 Lease No. DTFASW-05-L-00041 Underground Cable Conduits to Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) Runway 16, Alliance Airport Fort Worth, Texas 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. 2. TERM: To have and to hold, for the term commencing on October 1, 2004, and continuing through September 30, 2019, inclusive. 3. CANCELLATION: The Government may terminate this lease, 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 by delivering to the Lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by registered mail, return receipt requested and mailed at least thirty (30) days before the effective termination date. 4. CONSIDERATION: 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 facilities upon the premises hereby leased. 5. NON-RES T ORATION: 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 2 Lease No. DTFAS W-05-L-00041 Underground Cable Conduits to Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) Runway 16, Alliance Airport Fort Worth, Texas 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. 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. ANTI-KICKBACK: The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act),prohibits any person from(1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, 3 i -- Lease No. DTFAS W-05-L-00041 Underground Cable Conduits to Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) Runway 16, Alliance Airport Fort Worth, Texas or attempting to accept any kickback; or(3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 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) Office of Dispute Resolution for Acquisition (ODRA). Said disputes 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. 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 a Lessor or duly authorized representative of the Lessor and submitted to the Real Estate Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The Real Estate Contracting Officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA ODRA. The Real Estate Contracting Officer, upon request, will provide information relating to submitting a dispute. 13. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT: The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subordination shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self-operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the FAA will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate Lease No. DTFASW-05-L-00041 Underground Cable Conduits to Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) Runway 16, Alliance Airport Fort Worth, Texas documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 14. NOTIFICATION OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises, they shall immediately notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the "change in property rights." Concurrent with the written notification, the Lessor shall provide the Government copies of the notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 15. LEASE SUCCESSION: This lease succeeds lease DTFA07-89-L-001195 and all other previous agreements between the parties for the leased property described in this document. 16. NOTICES: All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: TO LESSOR: City of Fort Worth, Texas 4201 North Main Street, Suite 200 Fort Worth, TX 76106-2736 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, Texas 76193 5 _ . Lease No. DTFASW-05-L-00041 Underground Cable Conduits to Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) Runway 16, Alliancc Airport Fort Worth, Texas IN WITNESS WHEREOF, the parties hereto have signed their names. CITY OF FORT WORTH, TEXAS BY: DATE: 0/1,�7LI Marc A.jott TITLE: Asssista City Manager ATTESTED BY APROVED AS TO FORM AND LEGALI`PY: Assista<<i, i. Y Cont act Autho izatioa Date THE UNITED STATES OF AMERICA BY: DATE: James M. Nelson TITLE: Contracting Officer 6 Lease No. DTFAS W-05-L-00041 Underground Cable Conduits to Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) Runway 16, Alliance Airport Fort Worth, Texas CORPORATE CERTIFICATE I, �M*, ji a/gc, , certify that I am the f}d htiti i sTraTi de ec r e,Tary of the Corporation named in the foregoing agreement, that Alaec_ A , who signed said agreement on behalf of said corporation, was then - sjA��T�/ya�a�e•- 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 200 . �-FTTIE I.f.+'IG MYCJMMISSG! -APS ES July 28, 2L07 Signed b �_', CORPORATE SEAL 7 «d,, liffinxi o �- 1'ao �Amo frc m FEE m i wF c i°mH°w _ 492,96 LL Fziio o a a -a¢ F z m z as Q "_¢m z2.'.! > u w € o - �w - ° < aN �m 4 -owa m x - w "o o n r d d 9 $�o9 m w "< o ¢ m m m m -- _ jx•<�o c y�N m8 < _ =m ~m5:° o m a10 w C3 w � �S � 5 �a 4 $ e a r pwv 8¢ o. o n¢c o om o 0-S - I - _ F - -4 $LL ,_ =ws _ w w3 I O� i m . 21 0'499• 313 ON9 -i Q Y3M01 tlNN31Ntl WW w OE+LZ'V1S a i w / Ww tLLmw N o—z / /@3 OM '¢aa 4 <ao .-w a i o - J Zo Nma wl- lw RE 1.2 / g �o --- JJJ/ w• J u .01 .01 Q Yo '1WAd 4 do ON 91 MY _ acn >o a o0 a U i 3w 91 MY'H/1 I j I OW City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/14/2004 DATE: Tuesday, September 14, 2004 LOG NAME: 55ALLIANCEFAA REFERENCE NO.: **C-20275 SUBJECT: Execute a Lease with the Federal Aviation Administration for Underground Cable Conduits for Medium Intensity Approach Lights with Runway Alignment Indicator Lights at Runway 16 at Alliance Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a lease agreement with the Federal Aviation Administration (FAA) for underground cable conduits for Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) at Runway 16 at Alliance Airport. DISCUSSION: On January 23, 1990, City Secretary Contract No.17577 was executed with the Federal Aviation Administration (FAA) for the lease of underground cable conduits for Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) at Runway 16 at Alliance Airport. The lease expires September 30, 2004. The FAA has requested a new lease to commence October 1, 2004 and expire September 30, 2019. The FAA will not pay rent for the easement because it is needed to meet FAA obligations in the establishment, operation and maintenance of leased facilities on Alliance Airport. Alliance Airport is located in Council District No. 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this agreement will have no effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv• Marc Ott (8476) Originating Department Head: Mike Feeley (5403) Additional Information Contact: Mike Feeley (5403) Logname: 55ALLIANCEFAA Page I of 1