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HomeMy WebLinkAboutContract 38659LEASE CONTRACT O L Between ,� UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF FORT WORTH Lease No: DTFASW-09-L-00098 (UPE) Approach Light System Fort Worth Alliance Airport Fort Worth, Texas THIS LEASE is hereby entered into by the 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, herein after referred to as the Government. This lease shall become effective when it is fully executed by all parties. WITNESSETH: The parties hereto, for the consideratiori hereinafter mentioned covenant and agree as Follows: 1. PREMISES (AUG02): The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz: Parcel 8A. A parcel of land identified as Tract 1 measuring 10 feet by 101.50 feet (.0233 acres more or less), situated within the Atchison, Topeka, and Santa Fe Railway Company right -of --way in Denton County, Texas, together with a clear zone area identified as Tract 2 containing an area of 2,881 square feet (.0661 acre more or less), said tract being highlighted in yellow and more particularly described on the attached designated as Parcel 8A, Exhibit "A". Parcel 8B. A parcel of land identified as Tract 1 measuring 10 feet by 101.50 feet (.0233 acres more or less), situated within the Atchison, Topeka, and Santa Fe Railway Company right -of --way in Denton County, Texas, together with a clear zone area identified as Tract 2 containing an area of 2,881 square feet (.0661 acre more or less), said tract being highlighted in yellow and more particularly described on the attached designated as Parcel 813, Exhibit `B". 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 Approach Lighting System (ALS) 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 "C", and FAA Drawing No. SW-D-11003-4, markedExhibit "D", which by this reference are made a part hereof. �jV'h AAL k- L ;UkiE CITY SECRETARY FT, WORTH, TX DTFASW-09-L-00098 (UPE) Approach Light System Fort Worth Alliance Airport Fort Worth, Texas 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-of4ay 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, cononing, 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 (AUG02): To have and to hold, for the term commencing on May 1, 2009, and continuing though September 30, 2028. 3. CONSIDERATION(NO COST) (AUG02): 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. CANCELLATION (AUG-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 %J 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 90 days before the effective termination date. 5. QUIET ENJOYMENT (OCT-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. 6. NOTIFICATION OF CHANGE IN LAND TITLE (AUG-02): 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 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 2 DTFASW-09-L-00098 (UPE) Approach Light System Fort Worth Alliance Airport Fort Worth, Texas Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 7. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (OCT-96): The Government 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 subornation 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 Government 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 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. 8. NOTICES (OCT-96): All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: TO LESSOR: City of Fort Worth Lease Administrator 4201 North Main Street, Suite 200 Fort Worth, Texas 76106 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Real Estate &Utilities Group, ASW-53 2601 Meacham Boulevard Fort Worth, Texas 76137 9a. CONTRACT DISPUTES (Nov. 03) All contract disputes arising under or related to this lease 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 Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. (b) All Contract Disputes shall be in writing and shall be filed at the following address: 3 DTFASW-09-L-00098 (UPE) Approach Light System Fort Worth Alliance Airport Fort Worth, Texas (1) Office of Dispute Resolution for Acquisition AGC-70, Room 323 Federal Aviation Administration 800 Independence Ave., S.W. Washington, DC 20591 Telephone: (202) 267-3290 Facsimile: (202) 267-3720; or (c) A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. 9b. PROTEST (Nov. 03) (a) Protests concerning Federal Aviation Administration Screening Information Requests (SIRS) or awards of lease contracts 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 protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted. (b) Offerors initially should attempt to resolve any issues concerning potential protests with the Real Estate Contracting Officer. (c) Protests shall be in writing and shall be filed at: (1) Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Ave, S.W., Room 323, Washington, DC 20591, Telephone: (202) 267-3290, Facsimile: (202) 267-3720 (2) At the same time as filing the protest with the ODRA, the protestor shall serve a copy of the protest on the Real Estate Contracting Officer (RECO). (d) A protest is considered to be filed on the date it is received by the ODRA and shall be filed: (i) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or L! DTFASW-09-L-00098 (UPE) Approach Light System Fort Worth Alliance Airport Fort Worth, Texas (ii) If the protester has requested a post -award debriefing from the RECO, not later than five (5) business days after the date on which the RECO holds that debriefing. The full text of the Protest clause is incorporated by reference. Upon request the full text will be provided by the RECO. 10. ANTI -KICKBACK O( CT_96): 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, 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 Government or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 11. ASSIGNMENT OF CLAIMS (OCT-96): Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under this lease. 12. COVENANT AGAINST CONTINGENT FEES (AUG02): The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract 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 contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 13. OFFICIALS NOT TO BENEFIT (OCT-96): 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. 14. NON -RESTORATION (OCT-96): It is hereby agreed between the parties, that upon termination of its occupancy (due to termination or expiration of the lease), 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 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. 15, INTERFERENCE WITH GOVERNMENT OPERATIONS (OCT-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 5 DTFASW-09-L-00098 (UPE) Approach Light System Fort Worth Alliance Airport Fort Worth, Texas 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. 16. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES (OCT-96)6 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 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. 17. RESTRICTIONS: Approach Lighting System (ALS) restricted area and clearance surfaces form a controlled access area, as shown on Exhibits "A" and "B," in which no object is permitted to penetrate the approach light plane or clearance surfaces, except instrument landing system antenna structures where necessary. The approach light plane is a plane that passes horizontally through the beam centers of the lights in the system and is bounded by the ALS restricted area. Elevation of centers of the lights in the system is shown on Exhibits "A" and "B." 18. LEASE SUCCESSION (AUG02): This lease supersedes Lease No. DTFASW-OS-L-00041, DTFA07-89-L-01166, and all other previous agreements between the parties for the leased property described in this document. 19. SIGNATURE BLOCK (AUG 02): IN WITNESS WHEREOF, the parties hereto have signed their names: CITY OF FORT WORTH UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION By: Date: APPROVED AS TO FORM AND LEGALITY: Attested by: Marty �er�draa�, Glen D. Batts Minn Officer Secretary C_.�3So13 I, CORPORATE CERTIFICATE certify that I am the named in the foregoing agreement, that of said corporation, was then DTFASW-09-L-00098 (UPE) Approach Light System Fort Worth Alliance Airport Fort Worth, Texas of the Corporation who signed said agreement on behalf 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 , 2007. CORPORATE SEAL Signed by 7 DATE: Tuesday, May 19, 2009 REFERENCE NO.: **C-23523 LOG NAME: 55AFW FAA MOA ROW SUBJECT: Authorize Termination of City Secretary Contract Nos. 17577, 17594, 17595, 18813, 18966, 23056 and 30576 and Authorize Execution of a New Memorandum of Agreement and Right -of -Way Easement Lease Agreement with the Federal Aviation Administration at Fort Worth Alliance Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Terminate City Secretary Contract Nos. 17577, 17594, 17595, 18813, 18966,.23056 and 30576 with the Federal Aviation Administration at Fort Worth Alliance Airport; and 2. Execute a new Memorandum of Agreement and Right -of --Way Easement Lease Agreement with the Federal Aviation Administration at Fort Worth Alliance Airport. DISCUSSION: On March 23, 2009, staff received. a formal request from the Federal Aviation Administration (FAA) to enter into a new Memorandum of Agreement (MOA) for the navigational aid facilities at Fort Worth Alliance Airport. The. FAA has installed and is currently maintaining 11 facilities, known as ALS, LOC/DME, GS, IM, MALSR, LOC, GS, ASOS, RVR, RTR and WEF that are currently covered under five separate lease agreements with the City known as City Secretary Contract (CSC) Nos. 17594, 17595, 18813, 18966 and 23056 which are set to expire September 30, 2009, with the exception of CSC No. 18813 which expires September 30, 2011. The FAA has made a national policy determination to use the new MOA format to cover required land sites and easements for existing navigational aid (NAVAID) facilities to improve administrative efficiency. The MOA contains similar terms and conditions provided under the current no -cost land leases. This process will be less labor intensive for both the City and the FAA. The NAVAID's are systems for air traffic control, navigation, communication and weather reporting and are in the primary interest of safety and direct support for Alliance Airport. The term of the MOA will continue through September 30, 2028, unless terminated by the FAA earlier with said notice. On March 23, 2009, staff also received a request from the FAA for aRight-of-Way Easement (ROW) Lease Agreement for the Approach Lighting System (ALS) at Alliance Airport. The FAA has an ongoing need for this land site. The ALS is currently under two lease agreements known as CSC Nos. 17577 and 30576, and will be consolidated into one. This ROW will also continue through September 30, 2028, unless terminated earlier. All the above Agreements will be terminated and two new agreements will replace them. No revenue is collected from either the MOA or ROW Lease. It is mutually agreed between the City and FAA due to the FAA's establishment, operation and maintenance of facilities. Logname: 55AFW FAA MOA ROW Page 1 of 2 Fort Worth Alliance Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bk Carl Smart (6525) Originating Department Head: Kent Penney (5403) Additional Information Contact: Leah Jipp (5409) ATTACHMENTS No attachments found. Logname: SSAFW FAA MOA ROW Page 2 of 2