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HomeMy WebLinkAboutContract 46362 Cmr SWWAW c 2 CONTRACT NO. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT DTFACN-I5-L-00122 This agreement is made and entered into by THE CITY OF FORT WORTH, TEXAS whose address is 1000 Throckmorton Street, Fort Worth, TX 76102, hereinafter referred to as, Sponsor, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an-agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; and WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the MEACHAM INTERNATIONAL AIRPORT. NOW, THEREFORE, the parties mutually agree as follows: 1. PREMISES (SUL-10): The Sponsor hereby leases to the GOVERNMENT the following described property, hereinafter referred to as the premises: Being a parcel of land situated in the west portion of Meacham International Airport, Tarrant rn County, Texas, and more particularly described as follows: C-) M .K,-- COMMENCING at a point, said point being on the centerline and the threshold of Runway 9; M 0 i THENCE S 80° 26' 00" E, along the runway centerline, a distance of 1067 feet to a point; Z THENCE S 090 34'00" W, a distance of 746 feet to a point, said point being the point of beginning of this parcel of land; 1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement July 2010 OMB Control No. 2120-0595 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX MOA NO. DTFACN-15-L-00122 (FTW) ATCT Fort Worth, Texas THENCE S 81' 00' 00" E, a distance of 73 feet to a point, said point being a northeasterly corner of this parcel; THENCE S 09' 00" 00-W, a distance of 54 feet to a point; Thence S 81' 00' 00" E, a distance of 43 feet to a point, said point being a northeasterly corner of this parcel; THENCE S 09' 00' 00" W, a distance of 146 feet to a point, said point being the southeast corner of this parcel; THENCE N 81' 00' 00" W, a distance of 196 feet to a point, said point being the point southwest corner of this parcel; THENCE N 09° 00' 00" E, a distance of 200 feet to a point, said point being the northwest corner of this parcel; THENCE S 81° 00' 00" E, a distance of 80 feet to the point of beginning and containing 0.8466 acre or 36,878 square feet of land, more or less, as more particularly shown on Drawing FTW-ATCT-REO1, dated March 4,1998, identified as Exhibit A, attached hereto and made a part thereof. A. Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining pole lines or underground lines for extending electrical power and/or telecommunications lines to the premises; including a right-of-way for subsurface power, communication and/or water lines to the premises; all right-of-ways to be over the area referred to as Meacham International Airport, to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Sponsor shall have the right to review and comment on plans covering access and utility rights-of-way under this paragraph. B. And the right to 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 navigational aid systems. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. C. And the rights to make alterations attach fixtures, and erect additions, structures or signs, in direct support of the Sponsor. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. D. And 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. 2. TERMS AND CONDITIONS (JUL -10): It is mutually understood and agreed that the Airport requires an FAA Air Traffic Control Tower (ATCT) in order to operate their business and that the FAA requires an ATCT facility at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed that the Sponsor will allow the FAA to lease or construct, operate, and maintain FAA ATCT facility in areas on the Airport that have been mutually determined and agreed upon for the term commencing on July 1, 2015 and continuing through September 30, 2034. The FAA can terminate this agreement, in whole or part at any time by giving at least (30) days' notice in writing. Said notice shall be sent by certified or registered mail. 3. CONSIDERATION (NO-COST) (AUG- 02): The FAA shall pay the Sponsor no monetary consideration, it is mutually agreed that the rights 1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement July 2010 Pg. 2 OMB Control No. 2120-0595 MOA NO. DTFACN-I5-L-00122 (FTW) ATCT Fort Worth, Texas extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance. 4. HOLDOVER - (JUL-14): If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a month-to-month basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Sponsor, acquired the property in fee, or vacated the leased premises. 5. TITLE TO IMPROVEMENTS (APR-05): Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 6. HAZARDOUS SUBSTANCE CONTAMINATION (MAY-00): The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The Sponsor agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Sponsor also agrees to save and hold the U. S. Government harmless for any and 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 facility. 7. INTERFERENCE WITH FAA OPERATIONS (OCT-96): The Sponsor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the Air Traffic Control Tower facility, as it is not in the best interest of the Sponsor or the FAA. S. FUNDING RESPONSIBILITY FOR FAA FACILITIES (OCT-96): The Sponsor agrees that any relocation, replacement, or modification of Air Traffic Control Tower made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Sponsor, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Sponsor or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON-RESTORATION (OCT-96): It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place 1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement July 2010 Pg. 3 OMB Control No. 2120-0595 MOA NO. DTFACN-15-L-00122 (FTW) ATCT Fort Worth, Texas any or all of the structures and equipment installed in or located upon said property by the FAA during its tenure. Such abandoned equipment shall become the property of the Sponsor. 10. UTILITY LINES AND CONSUMPTION (JUL-10): The Sponsor agrees to maintain the necessary water and sanitary sewer, steam and high temperature lines to the ATCT facility and to install necessary meters to the Government's lines without cost to the Government. The Government shall pay for all of its utility consumption at no more than prevailing rates charged the general public for such similar utility services under a separately negotiated custodial and janitorial contract. 11. NOTICES (OCT-96): All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: SPONSOR: GOVERNMENT: City of Fort Worth, Texas Department of Transportation 1 t Federal Aviation Administration Real Estate and Utilities Group, ALO-720 AUiA41 osv �! 2.�,�++�� 2601 Meacham Blvd. i��p� yl/. IY►A+r✓5�. � .{g Fort Worth, Texas 76137 12. PREVIOUS LEASE(S)/AGREEMENT(S): This agreement supersedes Land Lease number FA66SW-1213 and is hereby terminated. 13. THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE: The full text of these clauses can be found via Internet at site http://fast.faa.gov/ and finding the form "Land On-Airport Lease". I. OFFICIALS NOT TO BENEFIT(10/96) 2. COVENANT AGAINST CONTINGENT FEES (8/02) 3. ANTI-KICKBACK (10/96) 4. QUIET ENJOYMENT (OCT-96) 5. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (OCT-96) 6. NOTIFICATION OF CHANGE OF LAND TITLE (AUG-02) 14. ATTACHMENT(S): Attachment A- Operating Agreement for Air Traffic Control Tower 1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement July 2010 Pg. 4 OMB Control No. 2120-0595 MOA NO. DTFACN-I5-L-00122 (FTW)ATCT Fort Worth,Texas 15. SIGNATURES(APR-04): The Sponsor and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative(s).This agreement is effective upon the date of signature by the last party thereof. CITY OF FORT WORTH,TEXAS THE UNITED STATES OF AMERICA F L AVIATION ADMINISTRATION BY: _ __�� By: William Welstead Jana . Blanco Title: Aviation Director Ti e: Re istate Contractiniz Officer Date: lo--- / Date: ."'.ry n--T11pf�ICV r F90R� Attested by: � $ Mary J. Kayser, City a ,no AS NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 1..3.3.1.Air Traffic Control Tower Land Site Memorandum of Agreement July 2010 Pg. 5 OMB Control No.2120-0595 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ATCT MOA No.: DTFACN-I5-L-00122 Attachment: "A" OPERATION AGREEMENT FOR SPONSOR TRAFFIC CONTROL TOWER I. THIS AGREEMENT is hereby attached to and made a part of ATCT MOA by and between the United States of America, acting by and through the Federal Aviation Administration, hereinafter called the Government and the CITY OF FORT WORTH, TEXAS operating a Sponsor-owned airport known as Meacham International Airport, located at 4201 N. Main Street Fort Worth Texas, 76106 hereinafter called the Sponsor. This Agreement shall be executed by the parties hereto independently of said MOA to which it is a part. II. WHEREAS, a Sponsor-owned Air Traffic Control Tower (ATCT) will be or has been erected on the plot described in the ATCT MOA by and at the expense of the Government; and III. WHEREAS, it is in the public interest that the above described ATCT be operated by the Government, subject to the availability of funds, in accordance with standards established by the Government; IV. NOW, THEREFORE,the Sponsor agrees to the following conditions: 1. The Sponsor shall, at no expense to the Government, provide the lighting control panels in the said Tower and shall provide all electrical circuits and current, on a continuing basis, necessary for the operation of boundary, flood and obstruction lights, including those which may be operated by the Government; all airport lighting which the Government determines is essential to aircraft operations, including the foregoing, and all such air traffic control devices .vhich are designed to be directly or remotely controlled from the Airport Traffic Control Tower and the Sponsor shall be responsible for the proper and continued functioning of any locally installed lights or other device placed under the Government's control. 2. The Sponsor shall be responsible for the proper and continued functioning of all equipment and devices which the Government determines are necessary for air traffic control, but which cannot be placed in operation or controlled from said Tower, or are not otherwise operated by or under the control of the Government. 3. The Sponsor shall promptly advise the Government's duly authorized representative(s) in said Tower of any conditions which render all; or any, area(s) of the Airport unsafe for normal utilization by aircraft and will, upon demand, appropriately mark any such area(s) in a manner approved by the Government which properly indicates the existing condition(s); the Sponsor shall promptly give notice to the Government's Tower representative(s) prior to the time piny maintenance or constriction is begun on the airport landing area unless such action. is in accordance with a schedule which has been previously 1 MOA NO. DTFACN-I5-L-00122 (FTW)ATCT Fort Worth, Texas coordinated with the said Tower; said notice shall be given not less than thirty (30) days prior to the scheduled date from beginning the first item of construction and/or maintenance on the schedule. 4. The Government shall have absolute control of the operation of said Tower and its associated facilities at all times and shall not be subject to direction from the Sponsor in this regard. In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1918, as amended (28 U.S.C. 2671. et., sec.), hereafter termed "The Act," 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 any employees of the Government while acting within the scope of his office or employment under the same 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. 5. The Sponsor, upon request from the Government, agrees to provide two-way ground control communication equipment in its maintenance and emergency vehicles scheduled to regularly operate in the airport landing area, and such equipment shall be capable of maintaining radio communications with the Government's Tower on said Airport. 6. The Sponsor, agrees to pay (and the Government shall not pay any part of such costs other than those provided by any existing Federal Aid to Airports Programs) for the relocation of said Tower and its associated facilities if such relocation is made necessary by airport improvement or changes which impair the technical and/or operational characteristics of said Tower and its associated facilities. 7. The Sponsor shall, as a protection to the proper operation of the ATCT by the Government, prohibit and refrain from the erection or construction of any structures or improvements which may interfere with the visibility of the Air Traffic Controllers' line of sight to all traffic patterns, approaches, runways, taxiways, operational portions of the aprons and other operational areas necessary for the control of ground and air traffic. 8. In accordance with the provisions of paragraph 1 of the ATCT MOA, the Government shall have the right and privilege to maintain the ATCT on the airport premises and to install and maintain antennas and antenna wires and appurtenances for Air Traffic operating facilities at the MOA site and other locations on the airport where deemed necessary, together with the right to install, operate and maintain necessary connecting cables and wires where needed to perform the necessary linking of Facilities, The Govenunent shall have tht_ right to install, operate and maintain such cables, conduits and wiring necessary to link and connect its facilities located on airport property, MOA NO. DTFACN-I 5-L-00 122 (FTW) ATCT Fort Worth, Texas INT WITNESS WHEREOF. the parties hereto have signed their names: SPONSOR: GOVERNMENT: CITY OF FORT WORTH. TEXAS THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION J By: f By. y By. ana Blanco Title: I1lI`��/' '( /� Titlec Real. state Contracting Officer Date: -` i Date: ,Ir-NUVED AS R M ,A N r? i_. F r- 1 cj� . "'"�"- �QQIC' SNIT ^;TV ATT0 PNP:V '0 °°k'0 'a' N.Attested by: 82_ o Mary J. Kayser, City Secretary NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX