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CONTRACT NO, �1
FEDERAL AVIATION ADISHNV) # RA TI®N
MEMORANDUM OF AGREEMENT
Agreement Number D7[ FASW-I0-L-00160
This agreement is made and entered into by the City of Fort Worth, Texas, Fort Worth Spinks Airport,
hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation
Administration, hereinafter referred to as the FAA.
WITNESSETH
WFIEREAS, 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 Fort Worth Spinks Airport.
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS (Jun-04):
It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to
operate their business and that the FAA requires navigation, communication and weather aid facilities at the
Airport in order to support Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed
that the Airport will allow the FAA to construct, operate, and maintain FAA owned navigation,
communication and weather aid facilities in areas on the Airport that have been mutually determined and
agreed upon for the term commencing on October 1, 2010 and continuing through September 30, 2030. The
FAA can terminate this agreement, in whole or part at anytime by giving at least (60) day's notice in
writing. Said notice shall be sent by certified or registered mail.
(a) Together with aright -of --way for ingress to and egress from the premises; aright -of --way
for establishing and maintaining pole lines or under ground 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 Fort Worth Spinks Airport, to be routed reasonably determined to
be the most convenient to the FAA and as not to interfere with Airport operations. The
Airport 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 inay , e�:�AL Rf�.CQRD
constitute a hindrance to the establishment and maintenance of navigational aid systems.
�;dl`Y SECRET
M )A No. DTFASW-IO-L-00160
Fort Worth Spinks Airport
Fort Worth, Texas
The Airport 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 Airport. The Airport 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. CONSIDERATION (Aug-02):
fhe FAA shall pay the Airport no monetary consideration, it is mutually agreed that the rights extended to
the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation,
and maintenance of navigational aid facilities upon the premises.
3. PURPOSE (Apr -OS):
It is understood and agreed that the use of the herein described premises, known as, Fort Worth Spinks
Airport shall be related to the FAA's activities in support of Air Traffic operations.
4. FAA FACILITIES (Apr -OS):
The FAA facilities covered by this agreement are identified on the most current approved Airport Layout
Plan (ALP) and/or other pertinent drawings that are made a part of this agreement by reference and shown on
the attached FAA "List of Facilities".
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 Airport agrees to remediate or have
remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility
premises. The Airport 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 facilities on
the attached FAA "List of Facilities."
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M )A No. DTFASW-I0-L-00160
Fort Worth Spinks Airport
Fort Worth, Texas
7. INTERFERENCE WITH FAA OPERATIONS (Oct-96):
The Airport 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 navigational aid
facilities installed by the FAA, as it is not in the best interest of the Airport or the FAA.
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct-96):
The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's
navigational aid systems 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 Airport, with the
exception of any such improvements or changes which are made at the request of the FAA. hi the event such
relocations, replacements, or modifications are necessary due to causes not attributable to either the Airport
or the FAA, funding responsibility shall be determined by mutual agreement between the parties.
9. NON -RESTORATION (Oct-96):
h 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 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 Airport.
10. NOTICES (Oct-96):
All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as
follows:
Airport: City of Fort Worth, Texas
4201 N. Main Street, Suite 200
Fort Worth, TX 76102
Government: Federal Aviation Administration
Real Estate &Utilities Group, ASW-53
2601 Meacham Blvd.
Fort Worth, TX 76137
11. PREVIOUS LEASES)/AGREEMENT(S):
Upon commencement, this agreement succeeds Lease number DTFA07-90-L-01045 and DTFA07-90-L-
01056.
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MOA No. DTFASW- I O-L-00 160
Fort Worth Spinks Airport
Fort Worth, Texas
12. THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE: The full text of these
clauses can be found via Internet at Land On -Airport Lease (http://fasteditapp.faa.gov/ams/do_action)
OFFICIALS NOT TO BENEFIT
2. COVENANT AGAINST CONTINGENT FEES
3. ANTI -KICKBACK
13. SIGNATURES (Apr-04):
The Airport and the FAA hereby aQ►•ee 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
BY:
Title:
APPROVED AS TO FORM AND LEGALITY'
LNITED STATES OF AMERICA,
FEDERAL AVIATION ADMINISTRATION
Glen D. Batts
Title: Contracting Officer
Date:
Contract -Authorization
OF�tC1Al- PETARD
CITY SED
T. WOF?TV" TX
4
MOA No. DTFAS W-10-L-00160
Fort Worth Spinks Airport
Fort Worth, Texas
List of Facilities
Effective Date: October 1, 2010
MEMORANDUM OF AGREEMENT
DTFASW-10-L-00160
FORT WORTH SPINKS AIRPORT
Number Facili R/W Number GSA Control
Number
1 MALSR 35L (FWS) 94226
2
LOC '
94224
3
GS
94428
Comments _
Facility site, equipment shelter, restricted critical
area, access road
Antenna site, equipment shelter site, restricted
critical areas, access road
Facility equipment shelter site, restricted critical
area
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Page I of 2
City • Fort Worth,
Mayor • CouncilCommunicatio
COUNCIL ACTION: Approved on 2/9/2010
DATE: Tuesday, February 093 2010
LOG NAME: 55FTW FWS FAA MOA
REFERENCE NO.: **C-24083
SUBJECT:
Authorize the Termination of City Secretary Contract Nos. 17664, 17665, 20775, 21413, 24179 and 26217
and Authorize Execution of New Memorandum of Agreement with the Federal Aviation Administration for
Fort Worth Meacham International Airport and Fort Worth Spinks Airport (COUNCIL DISTRICTS 2 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Terminate City Secretary Contract Nos. 20775, 21413, 24179 and 26217 with the Federal Aviation
Administration at Fort Worth Meacham International Airport;
2. Terminate City Secretary Contract Nos. 17664 and 17665 with the Federal Aviation Administration at
Fort Worth Spinks Airport;
3. Execute a new Memorandum of Agreement with the Federal Aviation Administration at Fort Worth
Meacham International Airport; and
4. Execute a new Memorandum of Agreement with the Federal Aviation Administration at Fort Worth
Spinks Airport.
DISCUSSION:
On November 20, 2009, staff received a formal request from the Federal Aviation Administration (FAA) to
enter into a Memorandum of Agreement (MOA) for the navigational aid facilities (NAVAID) at Fort Worth
Meacham International Airport and a separate MOA for the NAVAID facilities at Fort Worth Spinks Airport.
The FAA has installed and is currently maintaining 12 facilities at Fort Worth Meacham International
Airport. These include MALS, LOC, GS, MALSR, LOC/DME, GS, PAPI, ASOS, RTR/RCO, RTR/VOT,
RVR and WEF that are currently covered under four separate Lease Agreements with the City known as
City Secretary Contract (CSC) Nos. 20775, 21413, 24179 and 26217 which are set to expire January 31,
2011, September 30, 2010, September 30, 2018, and September 30, 2020, accordingly. The FAA has
installed and is currently maintaining three facilities at Fort Worth Spinks Airport. These include MALSR,
LOC, and GS that are currently covered under two separate Lease Agreements with the City known as
CSC Nos. 17664 and 17665 which both are set to expire on September 30, 2010.
The FAA has made a national policy determination to use the new MOA format to cover required land
sites and easements for existing 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 NAVAIDs are systems for air traffic control, navigation,
communication and weather reporting and are in the primary interest of safety and direct support. The
term of the MOAs will continue through September 30, 2030, unless terminated by the FAA earlier with
said notice.
On March 23, 2009, staff received a similar request from the FAA to enter into an MOA for the
navigational aid facilities at Fort Worth Alliance Airport. At the May 19, 2009, Council meeting, the City
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12974&print=true&DocType=Print 3/10/2010
Page 2 of 2
Council authorized the City Manager to execute the MOA with M&C C-23523.
All the above Agreements will be terminated and the new Agreement will be put in place. Revenue is not
collected from the MOA. It is mutually agreed between the City and FAA due to the FAA's establishment,
operation and maintenance of facilities.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8.
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
CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
No attachments found.
FROM Fund/Account/Centers
Fernando Costa (6122)
Kent Penney (5403)
Jonnie Huitt (5409)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12974&print=true&DocType=Print 3/10/2010