HomeMy WebLinkAbout26-72 RESOLUTIONRESOLUTION NO. 26-72
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and the City Clerk be and they hereby are
authorized and directed to execute one certain license agreement
by and between the Federal Aviation Administration and the City
of Fayetteville, Arkansas, a copy of which is attached hereto
marked Exhibit A, and made a part hereof.
Provided, however, that said agreement shall not be executed
until the necessary property rights have been obtained for the
installation, operation and maintenance of the licensed facilities.
PASSED AND APPROVED this ,5ZJ day of
0
1972.
•
DEPARTMENT OF TRANSPORTATION
'FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
FORT WORTH, TEXAS 76101
License No.:DOT-FA725W-1239
❑ APPROACH LIGHT LANE SITE -
® INSTRUMENT LANDING SYSTEM SITES
E RADAR SITES
X VISUAL APPROACH SLOPE INDICATOR (VASI)-
Location FAYETTEVILLE (MUNICIPAL AIRPORT)
ARKANSAS
LICENSE
1. For and in consideration of the benefit to the Fayetteville
Municipal Airport and to the general public utilizing same, the undersigned, herein-
after referred to as the licensor, hereby grants to the United States of America the license, right and
privilege to install, operate and maintain an approach light lane; an instrument landing system;
radar facilities; 'and necessary control facilities, upon the following described lands in the County of
Washington in the State of Arkansas more particularly
described as follows:
As more particularly outlined and specified on drawing
SA. -D-7833-3 dated 11/11/71 attached hereto and made a
part here.
2. .Together with thae.rightof ingress and egress over the said lands and adjoining lands of the
licensor, necessary or cranvenient for the installation, operation and maintenance of the approach
light lane; aminstrument Banding system; radar facilities; and necessary control facilities; and a
right-of-way forapower line and control line, overhead and underground, or other facilities, over and
across the said lands and adjoining lands of the licensor, said right of ingress and egressand said
right-of-way,unless heretribeforedescribed by metes and bounds, to be bythemostconvenient routes;
- and the right to utilize any existing power lines, control lines, conduits, or other facilities of the
licensor which+. are adaptaible to use in connection with the purpose of this license.
3. The rightof ingress and egress and the right-of-way herein granted shall insure to the bene-
fits of the licensee and its duly authorized agents, representatives, contractors and employees.
4: The licensor furtEher agrees not to erect or to allow to be erected on the property licensed
hereby or on adjacent property of the licensor, any structure or obstruction of whatsoever kind or
nature as will interfere vzith the proper operation of the facilities to be installed by the Government
under the terms of this license unless consent thereto shall first be secured from the licensee in
writing.,
5. This license skill become effective 1 March 1972 and shall remain in force
until 30 June 1972 , and may, at the option of the Government, be renewed from year to
year upon the terms herein specified. The Government's option shall be deemed exercised and the
license renewed each year for one year unless the Government gives 30 days notice that it will not
exercise itsoption, before this license or any renewal thereof expires; PROVIDED, That no renewal
thereof shall extend the period of occupancy of the premises beyond the 30th day of June 19 93
FAA Form 4423-T (5-67) SUPERSEDES FAAFORM1334
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AA
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ata
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7,. All structures, improvements or other property placed upon the said premises by the United
States shall remain its property and may be removed by it upon the expiration or termination of this
license or within 90 days thereafter.
8. No Member of or Delegate to Congress or Resident Commissioner :shall be admitted to any
share or part of this license or to any benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated company, if the license be for the general benefit
of such corporation or company.
9. The licensor hereby warrants that it has acquired and possesses an adequate real estate
right in •the property described herein, and that it is authorized to grant to the United States of
America, the rights and interests set forth herein.
10. Covenant Against Contingent Fees: The licensor warrants that no person or selling
agency has been employed or retained to solicit or secure this license upon an agreement or under-
standing for a commission, brokerage, percentage, or contingent fee, excepting bonafide employees
or bonafide established commercial or selling agencies maintained by the licensor for the purpose
of securing business. For breach or violation of this warranty the Government shall have the right
to annul this license without liability or in its discretion to deduct from the contract price or con-
sideration, the full amount of such commission, brokerage, percentage, or contingent fee.
(See Exhibit "B" for continuation)
DATED THIS 8th DAY OF' December= , 1972.
•
•
(Licensor)
ess: Post Office Drawer F
Fayetteville, Arkansas 72701
ACCEPTED:
UNITED STATES OF AMERICA
L�ichel D. Hinton
Contracting Officer
(If Licensor is a corporation, the following certificate shall be executed by the secretary or
assistant secretary.)
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I, Helen Young , CERTIFY that I am the City Clerk NOM&
tmvmof the Corporation named as Licensor in this license that Joe Fred Starr ,
who signed said license on behalf of the licensor, was then Mayor
of said corporation, that said license was duly signed for and in behalf of said corporation by author-
ity of its governing body, and is within the scope of its corporate powers.
•
[CORPORATE SEAL,]
red .c e7-ee7e c
.4
EXHIBIT "B"
11. NONRESTORATION:
License No.: DOT-FA72SW-1239
ILS & VASI
Fayetteville, Arkansas
The Licensor and the Government hereby agree, that, upon
termination of the Government's occupancy of leased premises,
there will be no obligation on the part of the Government to
restore or rehabilitate the property of the Licensor. It is
further agreed that the Government may abandon in place any or
all structures or equipment installed in and upon said licensed
premises by the Government during its tenure. Notice of Abandon-
ment'of any of the Government's property shall be, in writing, to
the Licensor by the contracting officer.
12. TERMINATION:
The Government shall have the right and privilege to termi-
nate this license at any time during the initial term, or any
renewal thereof, by giving thirty (30) days' notice in writing
to the Licensor, such notice to be computed from the post mark
date cited on the envelope in which said notice is mailed.
13. MINERAL RIGHTS:
THE Government claims no mineral rights on the licensed
property and restricts itself to surface rights.
•
License No. Dot-FA72SW1-1239
ILS & VhSI
Fayetteville, Arkansas
Page 2 of 2 pages for Exhibit '.'•B"
14. FUNDING RESPONSIBILITY CLASS I - II FACILITIES
The airport owner agrees that any. relocation, or replacement,
or modification of any Federal Aviation Administration Class I or
II facility, or components thereof, as defined below, covered by
this contract during its term or any renewal thereof made necessary
by airport improvements or changes which impair or interrupt the
technical and/or operational characteristics of the facilities will
be at the expense of the airport owner; except, when such improvements
or changes are made at the specific request of the Government. In
the event such rclocations, replacements or modifications are
necessitated due to causes not attributable to either the airport
ownef or the Government, funding responsibility shall be determined
by the Government.
CLASS I FACILITIES
Remote Transmitter/Receiver (Tower)
Airport Traffic Control Tower -
Airport Surveillance Radar
Airport Surface Detection Equipment
Precision Approach Radar
IIS and Components
ALS and Components
Visual Landing Aids
Direction Finding Equipment
VOR, TVOR & VORTAC
(Instrument Approach)
Weather Observing & Measuring Equip.
(owned & operated by FAA)
Central Standby Power Plant
CLASS II FACILITIES
Long Range Radar
Air Route Traffic Control Centers
Peripherals (Remote Control
Air -Ground Communication Facility)
15. ADDITIONS AND DELETIONS
Article 6 of said license was deleted
containing Articles 11, 12, 13, 14, and 15
hereof prior to .execution=of this license
VOR and VORTAC (en route only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications Outlet
Other en route facilities
•
entirely; Exhibit "A", and Exhibit "B",
were added hereto and made a part
by either parties hereto.
Ray M. Boudreaux
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
NA
City Council Meeting Date
,nfe
y/7/oG
r6 KM i
Mar rah,
Ai ril-0114
FAA
Aviation & Economic Development General Government
Division
Action Required:
Department
Action Required: Approve a Memorandum of Agreement to consolidate navigational aid facilities Lease Agreements
with the FAA, Contact: Ms. Jana Blanco, Logistics Support Staff, Department of Transportation, Federal Aviation
Administration, Property and Services Branch, ASW -54, Fort Worth, TX 76193, phone: 817-222-4371.
$
Cost of this request
Account Number
NA
Project Number
Budgeted Item
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached
Depart ent 1 erector
City Attorney
Finance an. Internal Service Director
er-r/ i/7/ e
Mayor
#6
-7,o‘
Date
Previous Ordinance or Resolution # 26-72
Original Contract Date:
Original Contract Number:
06/05/72
Received in Mayor's Office
Comments: This Memorandeement applies only to no -cost land leases for navigational aid facilities on the airfield.
City Council Meeting of: N/A
Agenda Item Number:
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor
THRU: Staff/Contract Review Commi
FROM: Ray M. Boudreaux, Director, Aviation an Economic Development
DATE: April 4, 2006
SUBJECT: Approve the consolidated Memorandum of Understanding (MOA) for
FAA facilities on the Fayetteville Municipal Airport, Drake Field.
Signature of the Mayor.
RECOMMENDATION: Approve consolidated, no cost, MOA for FAA facilities
located on the airport Signature of the Mayor.
BACKGROUND: There are currently 4 lease documents for 7 separate facilities
on the airport. The leases are no cost and are for navigational facilities and special
lighting arrays. The facilities benefit the airport and are maintained by the FAA at
no cost to the airport This consolidated MOA document will replace the 4 current
leases.
DISCUSSION:
BUDGET IMPACT: None
Attachments: Staff Contract Review Form
FAA MOA (4cys)
Aviation and Economic Development Department
Fayetteville Municipal Airport, Drake Field
4500 South School Avenue, Suite F
Fayetteville, Arkansas 72701
Ray M. Boudreaux, Director
0
LIS Department
or Transportation
Fateful Aviation
Administrallon
MAR 31 2006
Mr. Ray Boudreaux
Airport Manager
4500 S. School Road
Suite A
Fayetteville, Arkansas 72701
Dear Mr. Boudreaux:
Southwest Region
Arkansas. Louisiana.
New Mexico. Oklahoma.
Texas
Subject: Memorandum of Agreement (MOA)
DTFASW-07-L-00013
Navigational Aid Facilities
Fayetteville Municipal Airport (Drake Field)
Fayetteville, Arkansas
Fort Worth, Texas 76193-0000
RECEIVED
APR 0 3 2006
AIRPORT
To improve administrative efficiency, the Federal Aviation Administration (FAA) has
made a national policy determination to use the new format of a Memorandum of
Agreement (MOA) to cover required land sites and easements for existing navigational
aid (NAVAID) facilities operated by this agency. The MOA contains similar terms and
conditions provided under the current no -cost land leases. There are many practical
reasons for this decision. It is very labor intensive for both the airport and the FAA to
attempt to maintain the paperwork. Also, the current lease process requires legal
description of the property the Government is leasing. The new MOA process eliminates
the use of legal descriptions and utilizes a listing of identified facilities.
Current research of our records verifies that the FAA has installed and is maintaining
seven (7) facilities that are covered under four (4) separate lease agreements at
Fayetteville Municipal Airport (Drake Field), Fayetteville, Arkansas One (1) of these
leases, DTFA07-99-L-00488 will expire on September 30, 2006. Additionally, leases
DTFA07-93-L-01174, DTFA07-99-L-01111, and DTFA07-93-L-01173 will be
terminated and consolidated into the superceding MOA document.
It is our belief that the airport sponsor will benefit from the new process, as much as the
FAA does. It will no longer be necessary for the airport sponsor to ensure that the legal
descriptions are accurate, thus saving time and money. Many airports are currently under
the new system and the necessary approvals go through much quicker.
Page 2
Our FAA national legal counsel has reviewed and approved the MOA document and has
assured us that this document is legal and binding. Also, this document will give you the
same protection as when using a land lease.
Please be aware that this document will only apply to navigational aid facilities that are
currently addressed under an on airport, no -cost land lease. It is not affecting any other
lease with rental compensation that you may have with the FAA.
Enclosed are four copies of MOA No. DTFASW-07-L-00013. If this document is
satisfactory, please have an authorized official sign all copies, insert date, and return three
copies to the Department of Transportation, Federal Aviation Admmrstration, Property
and Services Branch, ASW -54, Fort Worth, Texas 76193. The remaining copy is to be
retained for your records.
We want to express our appreciation for your cooperation in implementing this new
process. If you have any questions, please contact Ms. Jana Blanco at (817) 222-4371.
Sincerely,
at Iv(Cit4.4`/
Sharon E. Wynn Cit
Contracting Officer
Enclosure (4)
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
MEMORANDUM OF AGREEMENT
Agreement Number DTFASW-07-L-00013
This agreement is made and entered into by the CITY OF FAYETTEVILLE, ARKANSAS
whose address is 4500 S. School Road, Suite A, Fayetteville, Arkansas 72701,
hereinafter referred to as the Sponsor, for itself, its successors and assigns, and the
Federal Aviation Administration, hereinafter referred to as the FAA
WITNESSETH
WHEREAS, the parties listed above have entered into an Airport Improvement Grant
Agreement; and
WHEREAS, the parties listed above have entered into an agreement providing for the
construction, operation, and maintenance of FAA owned navigation, communication and
weather aids for the support of Air Traffic Operations; and
WHEREAS, the parties consider it desirable to work in cooperation with each other in
the technical installation and operation of air navigational aids; and
WHEREAS, both parties agreed the establishment, operation, and maintenance of
systems for air traffic control, navigation, communication, and weather reporting is in the
primary interest of safety and direct support of the ongoing operation of the Fayetteville
Municipal Airport (Drake Field)
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS: fJun-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 Sponsor 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, 2006 and
continuing through September 30, 2026. The FAA can terminate this agreement, in
whole or part at any time by giving at least sixty (60) day's notice in writing. Said notice
shall be sent by certified or registered mail.
Page 1 of 6
MOA DTFASW-07-L-00013
Fayetteville Municipal Airport
(Drake Field)
Fayetteville, Arkansas
(a) Together with a right-of-way for ingress to and egress from the premises; a
right-of-way for establishing and maintaining pole lines or 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 Fayetteville Municipal Airport (Drake
Field), to be routed reasonably determined to be the most convenient to the FAA and as
not to interfere with Airport operations. The Sponsor shall have the right to review and
comment on plans covering access and utility rights-of-way under this paragraph.
(b) And the right to grading, conditioning, and installing drainage facilities, and
seeding the soil of the premises, and the removal of all obstructions from the premises
which may constitute a hindrance to the establishment and maintenance of navigational
aid systems. The Sponsor shall have the right to review and comment on plans
covering work permitted under this paragraph.
(c) And the rights to make alterations, attach fixtures, and erect additions,
structures or signs, in direct support of the Airport. The Sponsor shall have the right to
review and comment on plans covering work permitted under this paragraph
(d) And the right to park, without cost, all official and privately owned vehicles
used for the maintenance and operation of the air navigational facilities. Parking shall
be provided adjacent to the navigational aid facility or as near as possible without
interfering with the operation of the Airport.
2. CONSIDERATION:
(Aug- 02)
The FAA shall pay the Sponsor no monetary consideration, it is mutually agreed that the
rights extended to the FAA herein are in consideration of the obligations assumed by
the FM in its establishment, operation, and maintenance of navigational aid facilities
upon the premises.
3. PURPOSE:
(Apr -05)
It is understood and agreed that the use of the herein described premises, known as,
Fayetteville Municipal Airport (Drake Field) shall be related to the FAA's activities in
support of Air Traffic operations.
4. FAA FACILITIES: (Apr -05)
The FAA facilities covered by this agreement are identified on the most current
approved Airport Layout Plan (ALP) and/or other pertinent drawings that is made part of
this agreement by reference and shown on the attached FAA "List of Facilities".
Page 2 of 6
MOA DTFASW-07-L-00013
Fayetteville Municipal Airport
(Drake Field)
Fayetteville, Arkansas
5. TITLE TO IMPROVEMENTS:
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:
(Apr -05)
(May -00)
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination
on the FAA facility premises that is found to have occurred as a direct result of the
installation, operation, relocation and/or maintenance of the FAA's facilities covered by
this agreement. The Sponsor agrees to remediate or have remediated at its sole cost,
any and all other hazardous substance contamination found on the FAA facility
premises. The Sponsor also agrees to save and hold the 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."
7. INTERFERENCE WITH FAA OPERATIONS:
(Oct -96)
The Sponsor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature within the Airport's boundaries that may interfere with the
proper operation of the navigational aid facilities installed by the FAA, as it is not in the
best interest of the Sponsor or the FAA.
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES:
(Oct -96)
The Sponsor 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 charactenstics of the
facility, will be at the expense of the Sponsor, with the exception of any such
improvements or changes which are made at the request of the FAA. In the event such
relocations, replacements, or modifications are necessary due to causes not attributable
to either the Sponsor or the FM, funding responsibility shall be determined by mutual
agreement between the parties.
9. NON -RESTORATION:
(Oct -96)
It is hereby agreed between the parties, that upon termination of its occupancy, the FAA
shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this agreement. It is further agreed that the FAA
may abandon in place any or all of the structures and equipment installed in or located
upon said property by the FAA during its tenure. Such abandoned equipment shall
become the property of the Sponsor.
Page 3 of 6
10. OFFICIALS NOT TO BENEFIT:
MOA DTFASW-07-L-00013
Fayetteville Municipal Airport
(Drake Field)
Fayetteville, Arkansas
(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.
11. COVENANT AGAINST CONTINGENT FEES:
(Mg -02)
The Sponsor 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 consideration, or otherwise recover the full amount of the
contingent fee.
12. ANTI -KICKBACK:
(Qct -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 pnce charged by a prime contractor to the
United States or in the contract pnce charged by a subcontractor to a prime contractor
or higher tier subcontractor.
13. NOTICES:
(Oct -96)
All notices/correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
Sponsor: City of Fayetteville, Arkansas
4500 S. School Road, Suite F
Fayetteville, Arkansas 72701
Govemment: Department of Transportation
Federal Aviation Administration
Property & Services Branch, ASW -54A
Fort Worth, TX 76193
14. PREVIOUS LEASES(SI:
Upon commencement, this agreement succeeds Lease No DTFA07-99-L-00488 and
supercedes Lease Nos. DTFA07-93-L-01174, DTFA07-93-L-01173 and DTFA07-99-L-
01111.
Page 4 of 6
MOA DTFASW-07-L-00013
Fayetteville Municipal Airport
(Drake Field)
Fayetteville, Arkansas
15. SIGNATURES: (Wr-04)
The Sponsor and the FAA hereby agree to the provisions outlined in this agreement as
indicated by the signatures herein below of their duly authorized representative(s). This
agreement is effective upon the date of signature by the last party thereof.
CITY OF F ',ETTEVILLE, ARKANSAS UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By: < /1 ~ , = By: ��-�L
w
Sharon E. Wynn
Title: I l fz Title: Contracting Officer
Date: � �) C�/ Date: '01Y1 QAcA o %{, d od 6a
Page 5 of 6
Effective:
MEMORANDUM
FAYETTEVILLE MUNICIPAL
MOA DTFASW-07-L-00013
Fayetteville
(Drake Field)
Fayetteville,
List of Facilities
Municipal Airport
Arkansas
FIELD)
October 1, 2006
OF AGREEMENT
DTFASW-07-L-00013
AIRPORT (DRAKE
Number
Facility
Rwy
GSA Control
Number
Comments
1
LOC
16
05015
Antenna site, equipment shelter site, restricted critical
areas, access road
2
ODALS
16
05170
Facility
site
3
PAPI
16
05268
Facility site
4
GS
34
05283
Facility equipment shelter
site, restricted
critical area
5
ODALS
34
05178
Facility
site
6
LDA
34
05281
Facility equipment shelter site, restricted critical area
7
PAPI
34
05282
Facility
site
8
ASOS
05014
Sensor group site and ACU
space in ATCT
Page 6 of 6
Clarice Pearman - Various Agreements Page 11
From: Clarice Pearman
To: Boudreaux, Ray
Date: 4.10.06 11:58AM
Subject: Various Agreements
Ray,
Attached are copies of the agreements for the following:
FAA Memorandum of Understanding (I will forward to you three of the four originals of this agreement via
interoffice mail)
Clarksville Associates T -hangar Lease
P. H. Aircraft T -hangar Lease
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki