HomeMy WebLinkAboutContract 50553 LAND LEASE
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CONTRACT NO..�� S
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�� ' G11`t OF FORT
G`N SECRETARY
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
CITY OF FORT WORTH, TEXAS
Lease No: DTFACN-17-L-00252
(FTW) Outer Marker(OM)
Meacham International Airport
Fort Worth, Texas
THIS LEASE is hereby entered into by CITY OF FORT WORTH, TEXAS whose address 201
American Concourse, Suite 330 Fort Worth, Texas 76106, hereinafter referred to as the LESSOR
and the UNITED STATES OF AMERICA, hereinafter referred to as the GOVERMENT. 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 heirs, executors,
administrators, successors, and assigns.
This lease succeeds Lease No. DTFA07-98-L-01187 and all other previous agreements between
the parties for the leased property described in this document.
WITNESSETH: The parties hereto, for the consideration hereinafter mentioned covenant and
agree as follows:
1. PREMISES (08/02) - The Lessor hereby leases to the Government the following described
property,hereinafter referred to as the premises:
OUTER MARKER(OM) SITE
A tract of land out of the James P. Alford Survey, Abstract#53, in Tarrant County, Texas, being
a part of a tract of land described in a deed recorded in Volume 3083 at Page 41 of the deed of
records of Tarrant County, Texas, more particularly described, using Texas State Grid
Coordinates and Bearings for the North Central Zone as follows:
Beginning at a point in the west line of said Alford Survey, South 0°16'46"East, 681.59 feet
from the northwest corner of said Alford Survey, said point being in County Road#4108,the
coordinates of said beginning point are: X=2,038,864.75 and Y=446,241.83; THENCE: North
89°43'14"East at 21.17 feet, passing an iron pin, in all a distance of 196.17 feet to an iron pin for
1.3.2 Land Lease Oft'Airport OFFICIAL RECORD
CLSA January 2016 CITY#i�OItE'I,AR1l
OMB Control No.2120-0595 1
Lease No.DTFACN-17-L-00252
(FTW)Outer Maker(OM)
Meacham International Airport
Fort Worth,Texas
corner; THENCE: South 0'22'46"East 190 feet to iron pin for corner; THENCE: South
89°43'14"West, at 175.00 feet passing iron pin, in all 196.50 feet to a point in the west line of
said Alford Survey, and in County Road#4108; THENCE: North 096'46"West, with the west
line of said Alford Survey and County Road#4108 190 feet to the place of beginning and
containing 37,304.70 square feet of land of which 3,323.20 square feet lie within County Road
#4108. Said facility site is 0.78 acres and is more particularly shown on Drawing No. SW-D-
8068-6, revised March 28, 1983, identified as EXHIBIT"A,"attached hereto and made a part
hereof.
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 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 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 (08/02) - To have and to hold, for a term commencing on October 1, 2018 and
continuing through September 30, 2038 inclusive.
3. CONSIDERATION(8-02) -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 facilities upon the premises hereby leased.
4. HOLDOVER(7/14)—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 Lessor, acquired the property in fee or vacated the premises
5. CANCELLATION (08/02) - 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
Land Lease Off Airport
CLSA January 2016
OMB Control No.2120-0595 2
Lease No.DTFACN-17-L-00252
(FTW)Outer Maker(OM)
Meacham International Airport
Fort Worth,Texas
specifying the effective date of the termination. The termination notice shall be delivered by
certified mail return receipt requested and mailed at least 30 days before the effective termination
date.
6. NON-RESTORATION (7/14) - It is hereby agreed between the parties that, upon
termination of its occupancy (due to termination or expiration of the lease), including any
holdover period, the Government shall have no obligation to restore and/or rehabilitate, either
wholly or partially,the property that is the subject of this lease. It is further agreed that 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.
7. INTERFERENCE WITH GOVERNMENT OPERATIONS (10/96)—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.
8. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES (10/96) -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 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 relocation's, 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.
9. QUIET ENJOYMENT (10/96) - 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. SUBORDINATION,NONDISTURBANCE AND ATTORNMENT (07/14)
A. Government agrees, in consideration of the warranties and conditions set forth in this
clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust
and other liens now or hereafter existing or imposed upon the premises, and to any renewal,
modification or extension thereof. It is the intention of the parties that this provision shall be
self-operative and that no further instrument shall be required to effect the present or subsequent
subordination of this lease. Based on a written demand received by the RECO,the Government
will review and, if acceptable, execute such instruments as Lessor may reasonably request to
evidence further the subordination of this lease to any existing or future mortgage, deed of trust
or other security interest pertaining to the premises, and to any water, sewer or access easement
necessary or desirable to serve the premises or adjoining property owned in whole or in part by
Land Lease Off Airport
CLSA January 2016
OMB Control No.2120-0595 3
Lease No.DTFACN-I 7-L-002 52
(FTW)Outer Maker(OM)
Meacham International Airport
Fort Worth,Texas
Lessor if such easement does not interfere with the full enjoyment of any right granted the
Government under this lease.
B. No such subordination,to either existing or future mortgages,deeds of trust or other lien or
security instrument shall operate to affect adversely any right of the Government under this lease
so long as the Government is not in default under this lease. Lessor will include in any future
mortgage,deed of trust or other security instrument to which this lease becomes subordinate, or
in a separate non-disturbance agreement, a provision to the foregoing effect. Lessor warrants
that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or
other security instruments have consented to the provisions of this clause, and agrees to provide
true copies of all such consents to the RECO promptly upon demand.
C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of
any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of
foreclosure,the Government will be deemed to have attorned to any purchaser, purchasers,
transferee or transferees of the premises or any portion thereof and its or their successors and
assigns, and any such purchasers and transferees will be deemed to have assumed all obligations
of the Lessor under this lease, so as to establish direct privity of estate and contract between
Government and such purchasers or 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, further, that the RECO and such purchasers or
transferees shall,with reasonable promptness following any such sale or deed delivery in lieu of
foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to
document the foregoing relationship.
D. None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
11. NOTIFICATION OF CHANGE IN OWNERSHIP OR CONTROL OF LAND (10/14) -
If the Lessor 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 Lessor or Lessor's heirs, representatives, assignees, or trustees shall
provide the Government copies of the associated legal document(s) for transferring and/or
conveying the property rights.
12. LESSORS SUCCESSORS(10/96) - The terms and provisions of this lease and the
conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors,
and assigns.
13. CONTRACT DISPUTES (11/03)
A. All lease disputes under or related to this lease 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
Land Lease Off Airport
CLSA January 2016
OMB Control No.2120-0595 4
Lease No.DTFACN-17-L-00252
(FTW)Outer Maker(OM)
Meacham International Airport
Fort Worth,Texas
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 Lessor may
seek review of a final FAA decision only after its administrative remedies have been exhausted.
B. All Lease Disputes shall be in writing and shall be filed at the following address:
Office of Dispute Resolution for Acquisition, AGC-70,Federal Aviation Administration, 800
Independence Avenue, SW, Room 323, Washington, DC 20591. Telephone: (202) 267-3290
Facsimile: (202)267-3720.
C. A lease dispute against the FAA shall be filed with the ODRA within two (2) years of the
accrual of the lease claim involved. A lease dispute is considered to be filed on the date it is
received by the ODRA.
D. The full text of the Contract disputes clause is incorporated by reference. Upon receipt the
full text will be provided by the RECO.
14. ANTI-KICKBACK(7/14) -The Anti-Kickback Act of 1986 (41 U.S.C. § 8701 et seq.),
prohibits any person from:
A. Providing or attempting to provide or offering to provide any kickback;
B. Soliciting, accepting, or attempting to accept any kickback; or
C. Including, directly or indirectly, the amount of any kickback in the lease price charged by a
prime Lessor to the United States Government or in the lease price charged by a sublessor to a
prime Lessor or higher tier sub-lessor.
15. ASSIGNMENT OF CLAIMS (10/96) - Pursuant to the Assignment of Claims Act, as
amended, 31 U.S.C. § 3727, 41 U.S.C. § 6305 the Lessor may assign his rights to be paid under
this lease.
16. COVENANT AGAINST CONTINGENT FEES (08/02) - 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 price or consideration, or otherwise recover
the full amount of the contingent fee.
17. OFFICIALS NOT TO BENEFIT (10/96) -No member of or delegate to Congress, or
resident commissioner, shall be admitted to any share or part of this lease, or to any benefit
arising from it. However, this clause does not apply to this lease to the extent that this lease is
made with a corporation for the corporation's general benefit.
18. HAZARDOUS SUBSTANCE CONTAMINATION (05/00) - The Government agrees to
remediate, at its sole cost, all hazardous substance contamination on the leased premises that is
Land Lease Off Airport
CLSA January 2016
OMB Control No.2120-0595 5
+ Lease No.DTFACN-17-L-00252
(FTW)Outer Maker(OM)
Meacham International Airport
Fort Worth,Texas
found to have occurred as a direct result of the installation, operation, and/or maintenance of the
Government's facility. The Lessor 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 facility.
19. NOTICES -All notices/correspondence shall be in writing,reference the Lease number,
and be addressed as follows:
To the Lessor: To the Government:
City of Fort Worth,Aviation Department DOT/Federal Aviation Administration
Fort Worth Meacham International Airport Real Estate & Utilities Group, ALO-720
201 American Concourse, Suite 330 10101 Hillwood Parkway
Fort Worth, Texas 76106 Fort Worth, TX 76177
IN WITNESS WHEREOF, the parties hereto have signed their names.
CITY OF FORT WORTH, TEXAS
By:^ �.. LreL Date:_ ,3 2 /8 F Q�
Fernando Costa �Q T�
Assistant City Manager O
A.tWW by:
APPROVED AS TO FORM AND LEGALRY
1V[ary J. city Sec AS
CIVATTORU
M&C: a-a�&
1295'.'--..
\ UN ED STATES OF AMERICA
Date: 7
ui C.810-(\a
Real tate Contracting Officer
OFFICIAL RECORD
CITY SECRETARY
WORTH,TX
Land Lease Off Airport
CLSA January 2016
OMB Control No.2120-0595 6
Lease No. DTFACN-17-L-00252
(FTW)Outer Maker(OM)
Meacham International Airport
Fort Worth,Texas
PUBLIC AUTHORIZATION CERTIFICATE
STATE OF
COUNY OF
(name) certify that I am the
(title) of the
named in the foregoing agreement,that ,
and who signed said agreement on behalf
of said Public authority and was then of that Public
Authority and said agreement was duly signed for and in behalf of said by authority
of its governing body, and is within the scope of its powers.
Dated this day of , in the year 2017.
(Signature)
Land Lease Off Airport
CLSA January 2016
OMB Control No.2120-0595 7
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/20/2018
DATE: Tuesday, February 20, 2018 REFERENCE NO.: **C-28587
LOG NAME: 55FTW FAALEASE OUTERMARKER
SUBJECT:
Authorize Execution of Lease Agreement with the Federal Aviation Administration for the Outer Marker Site
for Runway 16, Fort Worth Meacham International Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a third lease Agreement with the Federal Aviation Administration for
continued use of an outer marker site to serve flight operations for Fort Worth Meacham International
Airport;
2. Authorize waiver of fair market rent and the charge of no rent or fees for the use of this area; and
3. Find that authorizing the waiver of fair market rent and the charge of no rent or fees, serves to carry out
the public purpose of air safety for the flying public, by providing a location for the operation of the outer
marker beacon that guides flights safely to Meacham Airport.
DISCUSSION:
Effective September 1, 1973, the Federal Aviation Administration (FAA) entered into Lease Agreement
DOT-FA74SW-1154, for the installation, operation and maintenance of an Outer Marker (OM) site for
Runway 16. This Agreement expired on June 30, 1998.
Effective July 1, 1998, the FAA entered into a second Lease Agreement, DTFA07-98-L-01187, City
Secretary Contract No. 24262, approved by Mayor and Council Communication (M&C L-12269) on June
16, 1998. This Lease Agreement succeeds Agreement DOT-FA74SW-1154 and will expire on September
30, 2018.
On October 11, 2017, Staff received a request from the FAA, requesting that the City execute Lease
Agreement DTFACN-17-L-00252. This Lease Agreement will succeed Agreement DFTA07-98-L-
01187. All parties desire to continue to lease the plot of land with a third lease Agreement for a term of 20
years, to commence on October 1, 2018 and expire on September 30, 2038.
The FAA does not pay a rental fee because of the mutual benefit provided by the OM site to the flying
public. The FAA has the option to renew the proposed Lease annually, through September 30, 2038.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
This contract will be with a governmental entity, state agency or public institution of higher education:
Federal Aviation Administration.
Logname: 55FTW FAALEASE OUTERMARKER Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # �rnoun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welsted (5402)
Anne-Marie Stowe (5415)
Additional Information Contact: Jeff Kloska (5406)
ATTACHMENTS
1. Map FAA OM Site.pdf (Public)
Logname: 55FTW FAALEASE OUTERMARKER Page 2 of 2
a
U.S. Department
of Transportation
Federal Aviation Central Logistics Service Area 10 10 1 Hillwood Parkway
Administration Real Estate&Utilities Group,ALO-720 Fort Worth,Texas 76177
M",R 152010
Ms. Ann-Marie Stowe
City of Fort Worth
Fort Worth Aviation Department
201 American Concourse, Suite 330
Fort Worth, Texas 76106-2735
Dear Ms. Stowe:
Subject: Lease No. DTFACN-17-L-00252
(FTW) Outer Marker
Meacham International Airport
Fort Worth, Texas
Enclosed is a fully executed copy of the Federal Aviation Administration's (FAA) Lease
No. DTFACN-17-L-00252 that provides a land site for its Outer Marker facility on property
at Meacham International Airport, Fort Worth, Texas.
Thank you for your cooperation in this matter. If you have any questions or need additional
information,please contact me at 817-222-4371 or Ms. Melinda Taber at 817-222-4320 or
v email at Melinda.ctr.taberkfaa.gov.
Sincer ly,
(�
ryca A
Jana C. lanc
Real tate Contracting Officer
nclosure
OFFICIAL RECORD
CITY SECRETARY
FT.WORTHt TX