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HomeMy WebLinkAboutContract 56042 CSC No. 56042 LAND LEASE Between UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION And CITY OF FORT WORTH,TEXAS LEASE NO: 697DCM-21-L-00044 (UXT) OM Facility Site Fort Worth, Texas SECTION 6.1: OPENING 6.1.1 Lease Preamble(09/2020) This Lease is hereby entered into by and between City of Fort Worth,Texas,hereinafter referred to as the Lessor and the United States of America,acting by and through the Federal Aviation Administration, hereinafter referred to as the "Government". The terms and provisions of this Lease,and the conditions herein,bind the Lessor and the Lessor's heirs,executors,administrators, successors,and assigns. For purposes of this Lease,the terms Contractor and Lessor and Contract and Lease are interchangeable with each other. 6.1.2 Succeeding Lease (09/2020) This Real Estate Lease succeeds DTFACN-I6-L-00058 and all other previous agreements between the parties for the property described in this document. 6.1.3 Lease Witnesseth (09/2020) Witnesseth: The parties hereto,for the consideration hereinafter mentioned covenant and agree as follows: 6.1.4-4 Leased Premises(09/2020) The Lessor hereby leases to the Government the following described property,hereinafter referred to as the premises: OUTER MARKER—RWY 34 A tract of land in part of Block 8R of CRAWFORD ADDITION, an addition to the City of Fort Worth as said Block 8R appears upon the map thereof recorded in volume 388-59,page 44 of the Deed Records of Tarrant County,Texas and being more particulary described as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas Commencing at the intersection of the north line of West Broadway Avenue and the west line of Eleventh Avenue for the southeast corner of said Block 8R,and run South 89020'13" West,along the said north line of West Broadway Street, 193-09/100 feet to a railroad spike set for the southeast and beginning corner of the tract being described. Thence South 89020'13" West,along said south line of Block 8R and said north line West Broadway Avenue,40 feet to a 5/8" iron rod set in fence. Thence North 01004'54" West, generally along a fence,40 feet to a railroad spike set. THENCE North 89020'13" East,40 feet to a rail road spike set. THENCE South 01004'54" East,40 feet to the place of beginning and containing 1600 square feet or 0-36/1000 of an acre,more or less, and being subject to all easements and right-of-ways of record,as shown in Exhibit"A,"attached herein 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, shall be reasonably determined by the Government as the most convenient route with the Government,or its agents and assigns,having no access to any secured portion of the Holly Wastewater Treatment Plant or the adjoining lands of such,as shown in Exhibit`B,"attached herein and made a part hereof. B.And the right of grading,conditioning,installing drainage facilities, seeding the soil of the premises, and the removal of all obstructions from the premises that may constitute a hindrance to the establishment and maintenance of Government facilities. C.And the right to make alterations,attach fixtures,erect additions,structures,or signs,in or upon the premises hereby leased.All alterations and additions are and will remain the property of the Government. SECTION 6.2: TERMS 6.2.5 Term (09/2020) To have and to hold, for the term commencing on October 1,2021 and continuing through September 30, 2026 inclusive 6.2.5-1 Option(s)to Extend Term of Lease (09/2020) The Lease may,at the option of the Government,be extended beyond September 30,2026 at the rental rate established in the"Consideration"clause herein. There shall be three (3)extensions of five (5)years each upon the terms and conditions herein specified and no extension shall extend beyond September 30, 2041. The Government shall notify the Lessor in writing,no later than ninety(90)days before the expiration of the Lease term,of its intent to exercise the option(s)or of its intent to vacate the premises at the end of said term. 6.2.6-1 Consideration(No Cost)(09/2020) The Government shall pay the Lessor no monetary consideration in the form of rental. It is 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. Federal Aviation Administration 2 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas 6.2.7 Termination (09/2020) The Government may terminate this real estate contract at any time,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 this contract by delivering a written notice specifying the effective date of the termination.The termination notice shall be delivered at least 30 days before the effective termination date. 6.2.14 Holdover (09/2020) If after the expiration of the Lease,the Government shall retain possession of the premises,the Lease shall continue in full force and effect on a month-to-month basis. Payment shall be made in accordance with the Consideration clause 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. 6.2.16 Lessor's Successors(09/202) The terms and provisions of this Lease and the conditions herein bind the Lessor and the Lessor's heirs, executors,administrators, successors, and assigns. SECTION 6.3: GENERAL CLAUSES 3.2.5-1 Officials Not To Benefit(09/2020) 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. 3.3.1-15A1 RE Assignment of Claims(09/2020) 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. 6.3.5 Title To Improvements(09/2020) Title to the improvements constructed for use by the FAA during the life of this Agreement shall be in the name of the FAA. 6.3.6-1 Funding Responsibility for FAA Facilities(09/2020) The Lessor agrees that any and all Lessor requested relocation(s),replacement(s),or modification(s)of any existing or future FAA navigational aid or communication system(s)necessitated by Lessor improvements or changes will be at the expense of the Lessor. In the event that the Lessor requested changes or improvements interferes with the technical and/or operational characteristics of the FAA's facility,the Lessor will immediately correct the interference issues at the Lessor's expense.Any FAA requested relocation,replacement,or modifications shall be at the FAA's expense.In the event such relocations,replacements,or modifications are necessary due to causes not attributable to either the Lessor or the FAA,funding responsibility shall be determined by mutual agreement between the parties, and memorialized in a Supplemental Lease Agreement. Federal Aviation Administration 3 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas 6.3.18-2 Restoration (09/2020) 1. The Government shall surrender possession of the premises upon the date of expiration or termination of this Lease. If the Lessor provides written notice,prior to the date of expiration or termination, requesting restoration of the premises,the Government at its option shall within ninety(90)days after such expiration or termination,or within such additional time as may be mutually agreed upon,either: A. Restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this Lease or any preceding lease (ordinary wear and tear,damage by natural elements and by circumstances over which the Government has no control,excepted)or, B. The FAA may also elect to Offer abandonment of installed real property improvements in lieu of restoration or some combination of abandonment and restoration as determined by mutual agreement with the owner, so long as it is determined by the RECO to be in the best interests of the Government or, C.Make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored,whichever is less. Should a mutually acceptable settlement be made in accordance with(A),(B),or(C)above,the parties shall enter into a supplemental agreement hereto effecting such agreement. 2. In the event that the Government has to make payment under this clause,such payments will not exceed appropriations available at the time of the restoration in violation of the Anti-Deficiency Act. 3.Nothing in this Lease may be considered as implying that Congress will,at a later date,appropriate funds sufficient to meet the deficiencies. 6.3.25 Quiet Enjoyment(09/2020) 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. 6.3.28-2 Interference with FAA Operations (09/2020) The Airport agrees not to erect or allow to be erected any structure or obstruction of any kind or nature within the Airport's boundaries that the FAA determines may interfere with the proper operation of the facilities installed by the FAA. The FAA and the Airport agree that such action(s)would not be in the best interest of the Airport or the FAA. 6.3.33 Covenant Against Contingent Fees(09/2020) 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. 6.3.34 RE Anti-Kickback(09/2020) The Anti-Kickback Act of 1986(41 U.S.C. 51-58),prohibits any person from(1)Providing or attempting to provide or offering to provide any kickback;(2) Soliciting,accepting,or attempting to accept any Federal Aviation Administration 4 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas 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. 6.3.36 Subordination,Nondisturbance and Attornment(09/2020) A. The Government agrees,in consideration of the warranties and conditions set forth in this clause,that this contract 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 contract.Based on a written demand received by the RECO,the Government will review and,if acceptable, execute such instruments as the contractor may reasonably request to evidence further the subordination of this contract 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 the contractor if such easement does not interfere with the full enjoyment of any right granted the Government under this contract. 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 contract so long as the Government is not in default under this contract. Contractor will include in any future mortgage,deed of trust or other security instrument to which this contract becomes subordinate,or in a separate non- disturbance agreement,a provision to the foregoing effect. Contractor 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 contractor under this contract, 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 contract 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 contract,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. 6.3.37 Notification of Change in Ownership or Control of Land(09/2020) 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, Federal Aviation Administration 5 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas representatives,assignees,or trustees shall provide the Government copies of the associated legal document(s)(acceptable to local authorities)for transferring and/or conveying the property rights. 6.3.39 Integrated Agreement(09/2020) This Lease,upon execution,contains the entire agreement of the parties, and no prior written or oral agreement,express or implied shall be admissible to contradict the provisions of this Lease. 6.3.45 RE Lease Contract Disputes(09/2020) All contract disputes arising under or related to this Lease will be resolved through the FAA dispute resolution system at the Office of Dispute Resolution for Acquisition(ODRA)and will 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 will apply only to final agency decisions.A Lessor may seek review of a final Government decision only after its administrative remedies have been exhausted. All contract disputes will be in writing and will be filed at the following address: Office of Dispute Resolution for Acquisition,AGC-70 Federal Aviation Administration 8001ndependence Avenue, S.W.,Room 323 Washington,DC 20591 Telephone: (202)267-3290 A contract dispute against the FAA will be filed with the ODRA within two(2)years of the accrual of the lease 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. SECTION 6.8: ENVIRONMENTAL & OCCUPATIONAL SAFETY& HEALTH CLAUSES 6.8.1 Hazardous Substance Contamination (09/2020) 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 at its sole cost,all other hazardous substance contamination found on the FAA facility premises.The Airport also agrees to hold the FAA harmless for 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. SECTION 6.9: SECURITY CLAUSES 6.9.5 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment(OCT 2020) (a)Definitions.As used in this clause-- Federal Aviation Administration 6 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas Backhaul means intermediate links between the core network,or backbone network,and the small subnetworks at the edge of the network(e.g.,connecting cell phones/towers to the core telephone network).Backhaul can be wireless(e.g.,microwave)or wired(e.g.,fiber optic,coaxial cable,Ethernet). Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means (1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities); (2)For the purpose of public safety, security of Government facilities,physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities); (3)Telecommunications or video surveillance services provided by such entities or using such equipment; or (4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by,or otherwise connected to,the government of a covered foreign country. Critical technology means (1)Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22,Code of Federal Regulations; (2)Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15,Code of Federal Regulations, and controlled (1)Pursuant to multilateral regimes,including for reasons relating to national security,chemical and biological weapons proliferation,nuclear nonproliferation,or missile technology;or (11)For reasons relating to regional stability or surreptitious listening. (3) Specially designed and prepared nuclear equipment,parts and components,materials, software, and technology covered by part 810 of title 10,Code of Federal Regulations(relating to assistance to foreign atomic energy activities); (4)Nuclear facilities,equipment, and material covered by part 110 of title 10,Code of Federal Regulations(relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7,Code of Federal Regulations,part 121 of title 9 of such Code,or part 73 of title 42 of such Code; or (6)Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018(50 U.S.C.4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered(e.g., connection of a customer of telephone provider A to a customer of telephone company B)or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-parry audit. Federal Aviation Administration 7 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas Roaming means cellular communications services(e.g.,voice,video,data)received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system,or service. (b)Prohibitions. (1) Section 889(a)(1)(A)of the John S.McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2019,from procuring or obtaining,or extending or renewing a contract to procure or obtain, any equipment, system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system,unless an exception at paragraph(c)of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.6.4 A 16.e. (2) Section 889(a)(1)(B)of the John S.McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13,2020 from entering into a contract,or extending or renewing a contract,with an entity that uses any equipment, system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system,unless an exception at paragraph(c)of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.6.4A.16.e. This prohibition applies to an entity that uses covered telecommunications equipment or services,including use not in support of the Government. (c)Exceptions.This clause does not prohibit contractors from providing (1)A service that connects to the facilities of a third-parry, such as backhaul,roaming,or interconnection arrangements; or (2)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d)Reporting requirement. (1)In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system,or as critical technology as part of any system,during contract performance,or the Contractor is notified of such by a subcontractor at any tier or by any other source,the Contractor must report the information in paragraph(d)(2)of this clause to the Contracting Officer,unless elsewhere in this contract are established procedures for reporting the information.For indefinite delivery contracts,the Contractor must report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s)for any affected order. (2)The Contractor must report the following information pursuant to paragraph(d)(1)of this clause: (1)Within one business day from the date of such identification or notification: The contract number;the order number(s),if applicable; supplier name; supplier unique entity identifier(if known); supplier Commercial and Government Entity(CAGE)code(if known);brand;model number(original equipment Federal Aviation Administration 8 RE Contract-On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas manufacturer number,manufacturer part number,or wholesaler number);item description; and any readily available information about mitigation actions undertaken or recommended. (11)Within 10 business days of submitting the information in paragraph(d)(2)(1)of this clause: Any further available information about mitigation actions undertaken or recommended. In addition,the Contractor must describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services,and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts.The Contractor must insert the substance of this clause,including this paragraph(e),in all subcontracts and other contractual instruments,including subcontracts for the acquisition of commercial items. 6.9.5-1 Covered Telecommunications Equipment or Services-Representations(DEC 2020) (a)Definitions.As used in this clause,"covered telecommunications equipment or services"has the meaning per the Clause 6.9.5 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment". (b)Procedures.The Lessor must review the list of excluded parties in the System for Award Management (SAM)(https://www.sam.gov)for entities excluded from receiving federal awards for covered telecommunications equipment or services. (c)Representations. (1)The Lessor represents that it does,_X does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2)After conducting a reasonable inquiry for purposes of this representation,the Lessor represents that it does,_X does not use covered telecommunications equipment or services, or any equipment,system, or service that uses telecommunications equipment or services. 6.9.5-2 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment(DEC 2020) NOTE: The Lessor must not complete the representation at paragraph(d)(1)in this clause if the Lessor has represented that it does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract,subcontract,or other contractual instrument in Clause 6.9.5-1 Covered Telecommunications Equipment or Services— Representation(c)(1).Additionally,the Lessor must not complete the representation at paragraph(d)(2) in this clause if the Lessor has represented that it does not use covered telecommunications equipment or services,or any equipment, system,or service that uses telecommunications equipment or services in Clause 6.9.5-1 Covered Telecommunications Equipment or Services—Representation(c)(2). (a)Definitions.As used in this clause-- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings Federal Aviation Administration 9 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas provided in the AMS clause 6.9.5,Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b)Prohibitions. Section 889(a)(1)(A)of the John S.McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13,2019,from procuring or obtaining,or extending or renewing a contract to procure or obtain, any equipment, system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system. Nothing in this prohibition will be construed to— (1)Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul,roaming,or interconnection arrangements; or (11)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B)of the John S.McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13,2020 from entering into a contract or renewing a contract with an entity that uses any equipment, system,or service that uses covered telecommunications equipment or services as a substantial or essential part of any system or as critical technology as part of any system. This prohibition applies to any entity that uses covered telecommunications equipment or services,including uses not in support of the Government. Nothing in this prohibition will be construed to- (i)Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul,roaming,or interconnection arrangements; or (11)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any use data or packets that such equipment transmits or otherwise handles. (c)Procedures: The Lessor must review the list of excluded parties in the System for Award Management (SAM)(https://www.sam.gov)for entities excluded from Federal awards for covered telecommunications equipment or services. (d)Representations. (1)The Lessor represents that it will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this lease/agreement. (2)After conducting a reasonable inquiry for purposes of this representation,the Lessor represents that it does, does not USE covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Lessor must provide the additional disclosure information required at paragraph (e)if the Lessor indicates "does". (e)Disclosures. Disclosure for the representation in paragraph(d)(1)of this clause- If the Lessor has responded"will'in the representation in paragraph(d)(1)of this clause,the Lessor must provide the following information as part of the lease (1)For covered equipment Federal Aviation Administration 10 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas (1)The entity that produced the covered telecommunications equipment(include entity name,unique entity identifier,CAGE code, and whether the entity was the original equipment manufacturer(OEM)or a distributor,if known; (11)A description of all covered telecommunications equipment offered(include brand;model number, such as OEM number,manufacturer part number,or wholesaler number;and item description,as applicable); and (iii)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph(b)(1)of this clause; (2)For covered services- (i)If the service is related to item maintenance,a description of all covered telecommunications services offered(include on the item being maintained: brand,model number, such as OEM number,manufacturer part number,or wholesaler number; and item description,as applicable; or (11)If not associated with maintenance,the Product Service Code (PSC)of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph(b)(1)of this clause. Disclosure for representation in paragraph(d)(2)of this clause.If the Lessor has responded"does"to paragraph(d)(2)of this clause,the Lessor must provide the following information as part of the lease/agreement— (3)For covered equipment (i)The entity that produced the covered telecommunications equipment(include entity name,unique entity identifier,CAGE code, and whether the entity was the OEM or a distributor,if known; (11)A description of all covered telecommunications equipment offered(include brand;model number, such as original equipment manufacturer(OEM)number,manufacturer part number,or wholesaler number; and item description,as applicable); and (iii)Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph(b)(2) of this clause. (4)For covered services- (i)If the service is related to item maintenance,a description of all covered telecommunications services offered(include on the item being maintained: brand,model number, such as OEM number,manufacturer part number,or wholesaler number; and item description,as applicable); or (11)If not associated with maintenance,the Product Service Code (PSC)of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph(b)(2)of this clause. SECTION 6.10: CLOSING 6.10.1 Notices(09/2020) All notices/correspondence must be in writing,reference to the Lease number, and be addressed as follows: TO THE LESSOR: TO THE GOVERNMENT: City of Fort Worth,Texas Federal Aviation Administration Property Management Department Real Estate Branch,AAQ-920 900 Monroe Street, Suite 400 10101 Hillwood Parkway Fort Worth,Texas 76102 Fort Worth,TX 76177 Federal Aviation Administration 11 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texasl 10.3 Signature Block (09/2020) This Lease shall become effective when it is fully executed by all parties. In witness whereof,the parties hereto have signed their names. CITY OF FORT WORTH,TEXAS,a home-rule UNITED STATES OF AMERICA municipal corporation of the State of Texas DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION i7a,v g, G ERALD A WATSON Digitally signed by GERALD A WATSON Dana Burghdoff(Jul 15,20 7:16 CDT) Date:2021.07.20 09:00:58-05'00' Dana Burghdoff Gerald A. Watson Assistant City Manager Real Estate Contracting Officer Date: Jul 15,2021 Date: July 20, 2021 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensiring all performance and reporting requirements. Manil n schoelmn Marilyn Schoening(Jul 13,202 13:48 CDT) Marilyn Schoening Sr. Land Agent Date: Jul 13,2021 APPROVED AS TO FORM AND LEGALITY: Thomas Royce Hansen Deputy City Attorney Date: Jul 13,2021 a ATTEST: ,CIO 0 % Ronald P. Gonzales o o���� Ronald P.Gonzales(Jul 21,2021 08:38 CDT) r 0, Ronald Gonzales �v o o=� 0 Acting City Secretary 0, 00 000 I 000000 Date: Jul 21,2021 Form 1295: Contract Authorization: OFFICIAL RECORD M&C: CITY SECRETARY FT. WORTH, TX Federal Aviation Administration 12 RE Contract- On Airport Land Lease Rev. 12/2020 LEASE NO.697DCM-L-21-00044 (UXT)OM Facility Site Fort Worth,Texas PUBLIC AUTHORIZATION CERTIFICATE On this 15th day of July ,20 21 , I Selena Ala certify that I am the Sr Executive Assistant to City Management of the City of Fort Worth, Texas named in the attached agreement;that Dana Burghdoff who signed said agreement on behalf of the City of Fort Worth, Texas is_Assistant City Manager of said City of Fort Worth, Texas; and that said agreement was duly signed for and on behalf of City of Fort Worth, Texas by authority of its governing body,and is within the scope of its powers. Signed Selena Ala(Jul 15,202117:18 CDT) Federal Aviation Administration 13 RE Contract- On Airport Land Lease Rev. 12/2020 a " � N � Z m O _ ^ xza no 'xo w -67 c w Kw O W °°av.gym m tLL..+� �Q� ik� bf%'•�U •W icy O'; � 8 a a�oa a Yb*.,db f00jpe0,,:�0 OCD i Y aESmE 311N3AV 4llt �x.>- O Ge N 3 it !E o6a V Y ^ 11; w 3-E o y It �SE�. s m oc tH t "a O FII Z 4 r aI d SD 0) d C O r m O) I OJ p p p C p Ea o_ y yo mdd <r J U C U N t m O a d m p 3 y 3 L m - O � I " oz.. c� o r6' 3roE w _ � oomo gdrrn� 'o �E W?Nw q COt Z N o`0 EOggao—pcv O< p p c U ! ao r m ��m x m� q m �o � w ! ao'v po00> coi~ coinai m - p' I p. 0 C y q W {J33 I Qt0) D .0Z 0,� L O oCJ 0op.� W w Y > DO O oym.00o o ma y p U, T m a I E° o > m < O O I m o 1--- 1--- U1 �W�a1.f1 f^ mZ 3n0 Oa I (n Ww O O �- < dyp 0. on n as 'F w0,0 U N O F.Z T� WO a-S " I zazoZ k S 3.45.40.LOS a (=iIw`pa ,00'O4s a N R z N J O 0m<W } y a r w �'1 p� Is1f 5.0 'p I p z x '.D o0 Q 33� q, K Z Z cn� Omw v o z(n w w m z o Cmac W x a�3kee�48��a€es$b�Sd ro ataxab3c�olas.a..d.� ��fl Exhibit B PQ- STER �Q 0 ..10 DAGGETT M -TFFF-TFF F NN.zj,�E PE NAITW 0����p,\\. \ N � off`\SN o Holly Wastewater Treatment Plant Exhibit B 0 270 540 Feet • Leased Area Lease#697DCM-21-L-00044 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0424 LOG NAME: 21FAAOUTERMARKERTHIRDLEASE SUBJECT (CD 9)Authorize Execution of a Lease Agreement Between the City of Fort Worth and the Federal Aviation Administration for Continued Use of City-Owned Property Near the Holly Water Treatment Plant to Operate an Outer Marker Beacon to Serve Flight Operations for Meacham Airport, Authorize Waiver of Fair Market Rent, and find that Authorizing such a Waiver of Fair Market Rent 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 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a lease agreement with the Federal Aviation Administration for continued use of City-owned property located near the Holly Water Treatment Plant to operate an outer marker beacon to serve flight operations for Meacham 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: On February 25, 1997, City Council approved a lease agreement(Mayor&Council Communication(M&C) L-11924)with the Federal Aviation Administration(FAA)for placement of an outer marker beacon for Meacham Airport flight operations. On August 30, 2016, City Council approved a second lease agreement(M&C L-15943)with the Federal Aviation Administration to continue its use of City of Fort Worth property near the Holly Water Treatment Plant to operate an outer marker beacon to serve flight operations for Meacham Airport and authorize waiver of fair market rent. The outer marker beacon occupies a 40'x40' plot of land owned by the City of Fort Worth near the Holly Water Treatment Plant. The second lease is due to expire on September 30, 2021. All parties desire to continue to lease the plot of land with a third lease agreement for an initial term of five(5)years to commence on October 1, 2021 and expire on September 30, 2026 with three(3)extensions of five(5)years each. As a control to ensure the public purpose use is adequately being carried out,the lease document contractually obligates the FAA to establish, operate and maintain their aviation facilities on the property. This property is located in COUNCIL DISTRICT 9. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Federal Aviation Administration FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. Submitted for City Manager's Office W. Dana Burghdoff 8018 Originating Business Unit Head: Steve Cooke 5134 Additional Information Contact: Marilyn Schoening 7581 Mark Brown 5197 Expedited MAYOR AND COUNCIL COMMUNICATION MAP 21 FAAOUTERMARKERTHIRDLEASE Council District: 9 �s TE) AS CALDER NMUSEUM ? w < p a 13TH LIL LANC STER COTTONWOyD -- - . 0 1500 11 TH AVE EL PASO HOLLY WATER TREATMENT O FAA OUTERMARKER RIO GRANDE \ 11TH JARVIS A. DAGGETT t k: s BROADWAY � 5 LO WENIJECAIW,, ETERSMITH co � Esc � ✓x . f, UCKER ' r; SYNIA WB CENTER a �N 26 41 PRU ITT 35 W 0 N s W � E � r 20 !� _ —..--ter ;^;Ear, •s -;- T. Feet ' . 0 250 500 `1,000 35 k x , `HUMBOLT q FORT WORTH Copyright 2019 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data.