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HomeMy WebLinkAbout98-83 RESOLUTIONRESOLUTION NO. 98-83 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH THE UNITED STATES OF AMERICA FOR A SITE FOR A NEW AIR TRAFFIC CONTROL TOWER AT THE FAYETTEVILLE.MUNICIPAL AIRPORT. BE .IT RESOLVED by the Board of Directors, City of Fayetteville, Arkansas: That the Mayor and City Clerk are hereby authorized and directed to execute4a lease with the United States of America for a site for a new air traffic control tower at the Fayetteville Municipal Airport. A copy of the lease authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 23rd day of August, 1983. By all/��j May CERT FICATE Or RECORD • r\c.Ki na:» c L' SS E.-.02ft.:ie J_•„ 3:u 1 ''i:e'a: I, a,a ;rh r .. ,,,. FIs.Ej` ' '` ` . 1: A7 " Lt.- Resolution 'pools pet:vs 311 dr nt ps ' e or ce: U.S. Department otTransportation Federal Aviation Administration Southwest Region P. 0. Box 1689 Fort Worth, TX 76101 This LEASE, made and entered into this in the year one thousand nine hundred and by and between whose address is LEASE 4 between • CITY OF FAYETTEVILLE and THE UNITED STATES OF AMERICA eighty-three (1983) City of Fayetteville Post Office Drawer "F" Fayetteville, AR 72701 day of Lease No.: DTFA07-83-L-01141 Air Traffic Control Tower Site, Drake Field Airport Fayetteville, AR for itself, its heirs, executor, administrators, successors,and assigns, hereinafter called the Lessor and the UNITED SrATESOF AMERICA, hereinafter called the Government: • WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning June 15, 1983 and ending September 30, 1983 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz:" See Page la for legal description. EXHIBIT A u ILLItAiiint! • • TEMPORARY LEGAL DESCRIPTION DRAKE FIELD AIR TRAFFIC CONTROL TOWER SITE PENDING COMPLETION OF PERMANENT SURVEY Commencing at the common junction between the centerline of Runway 16-31 and Drake Field T -Hangar Apron Taxiway, as more particularly shown in red on FAA Drawings No. SW -D -10059-A, Site Location Plan and No. SW -D -10059-B, Airport Air Traffic Control Tower Location Plat Plan, Drake Field, Fayetteville, Arkansas, (proceed N10°53'20"W, 1900.0 feet to a point, said point being the threshold light bar for Runway 16-34; thence proceed S60°22'17"E, 1321.4487 feet to a point, said point being the northwest corner and the true point of beginning of the tract being described; thence proceed S88°58'20"E, 265.0 feet to a point; thence S00°01'40"W, 350.0 feet to a point; thence N88°58'20"W, 265.0 feet to a point; thence NOO°01'40"E, 350.0 feet to the point of beginning, an area containing 4.26 acres, more or less) marked Exhibits "A" and "B" attached hereto and made a part hereof. • Page la Fayetteville, AR a. Together with a right-of-way for ingress to and egress from tht premises: a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extendingeleetr:e power, and telecommunications facilities to the premises; and right-of-way for subsurface power. communication and water lines to the premises: all rights-of-way to he over the said lands and adjoining lands of the lessor. and unless herein described by metes and hounds. to be by routes reasonably determined to be the most convenient to the Government. b. And the right ol' grading. conditioning. and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions I rom the premises which may constitute a hind ranee to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make a Iterations. UICS, a nd 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 he and remain the property of the Government. and may he removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter. by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions. structures, or signs. 2. This lease may, at the option of the Government. be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall he deemed exercised and the lease renewed each year for one ( f) year unless the Government gives the Lessor thirty( MI) days written notice that it will not exercise its option before this lease or any renewal thereof expires: PROVIDED that no renewal shall extend this lease beyond the 30th day of SeptembentS2033 AND PROFIDED FURTHER. that adequate tppmpriatier trraysilahtrfromyear toyear forthe ra5411cnt-44-reftte lc. 3. The Government shall pay the Lessor rental for the premi::cs in the -amount of no monetary consideration ._n 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 40T the tam set forth in Article I above, and operation, and (maintenance )of the facilities upon the premises hereby leased. - — - - per fr.. •. each annual renewal exercised by the Govert a ., ad be made in arrears at the end of each _..._...>- without the submission of invoices or vouchers. 4. The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (30) days notice in writing to the Lessor, and no rental shall accrue alter the effective date -of termination. Said notice shall he sent by certified or registered mail. - - 5. Ths Gover,,t„ci;t shall surrender Pe.:seisien-ol-The-premises-upon-the-duce-ef expiration -or -termination of this lease If the Lessor by written notice at feast days before the date of expiration or termination re restoration of the premises. the Government at its option shall within ninety (90)daysaftersuch expiratimination, or within such additional time as may be mutually agreed upon.cither( 1) restore the prem . sgood condition as that existing at the time of the Government's initial entry upon the premises and . ase or any preceding lease (changes to the premises in accordance with paragraph I.(a), I.(b)and 1. c ordinary wear and tear.damage bynaturalelements and by circumstances over which the Govern no control. excepted) or (2) make an equitable adjustment in the lease amount for the cost of such r- :. ton of the premises or the diminution of the Value of the premises if unrestored, whichever is Tess. Sr . • mutually acceptable settlement be made hereunder, the parties shall enter intoa supplemental agree retoeffecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning on of fact within the meaning of Clause -6 -of -this lease: FAA Form 4423-2 Pg. 2 (11-82) Supersedes Previous Edition m r• Lease'No.: DTFA07-83—L-0114( Air Traffic Control Tower Site Fayetteville, AR 6. (a) This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. (c) (i) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of lease terms. or other relief. arising under or relating to this lease. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim ptirsuant to the Act. (iii) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. (d) For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification ihat the claim is made in good faith: the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be . executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. • (e) For Lessors claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. (1) The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. (g) The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. (h) Interest on the amount found due on a Lessor claim shall he paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the dale the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365 or 366 day year, whichever applies. (i) Except as the parties may otherwise agree. pending final resolution of a claim by the Lessor arising under the lease. the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officers s decision. 7. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee. except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. 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 amounts otherwise due under this lease or other consideration, the full amount of such commission. brokerage. percentage, or contingent fee. • Lease Nti.: DTFA07-83-L-0114( Airport Traffic Control Tower Site Fayetteville, AR 9. All notices sent to the parties under the kase shall be addressed as follows: To the Lessor: City of Fayetteville, Post Office Drawer To the Government: Department of Transportation, Southwest Region, P. 0. Box 1689, Attn: ASW -56, 10. This lease is subject to the additional provisions set forth below, or additional provisions are identifed as follows: • OEM Fayetteville, AR 72701 Federal Aviation Administration, Fort Worth, TX 76101 attached hereto and incorporated herein. These Articles 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, and Operation Agreement for Airport Traffic Control Tower follow the signatory page. IN WIINESS WHEREOF. the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF FAYETTEVILLE As the holder of a mortgage, dated , recorded in volume , pages against the above-described premises; the undersigned hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. (Mortgagee) FAA rf1V AA AA•1'L•) o.. BYEI C. Lessor) MILE' Mayor (Lessor) (Lessor) (Lessor) (Lessor) THE UNIIEO &TA IES OF AMERICA Byi ton`TFl]far4„, Title Contracting Officer • Lease No. DTFA07-83-01140 ATCT Site Drake Field Airport - Fayetteville, Arkansas DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH, TEXAS 76101 OPERATION AGREEMENT FOR AIRPORT TRAFFIC CONTROL TOWER (Constructed by the Government) I. THIS AGREEMENT is to be attached to and made a part of Lease No. 83-L-01140 between the United States of America acting by and through the Federal Aviation Administration, hereinafter called Government, and the city of Fayetteville, Arkansas, operating its airport known as Drake Field Airport, Fayetteville, Arkansas, hereinafter known as Lessor. II. WHEREAS, an Airport Traffic Control Tower will be or has been erected on the lease plot by and at the expense of the Government; AND III. WHEREAS, it is in the public interest that the said Airport Traffic Control Tower on the above airport be operated by the Government, subject to the availability of funds therefor, in accordance with standards established by the Government. t IV. /NOW, THEREFORE, the Lessor agrees to the following conditions: 1. The Lessor shall, at no expense to the Government provide the lighting control panels in the said Tower and shall provide all electrical circuits and current, on a continuing basis, necessary for the operation of boundary, flood and obstruction lights, including those which may be operated by the Government; all airport lighting which the Government determines is essential to aircraft operation, including the foregoing, and all such air traffic control devices which are designed to be directly •or_remotely controlled from the Airport Traffic Control Tower and the Lessor shall be responsible for the proper and continued functioning of any locally installed lights or other device placed under the Government's control. 2. The Lessor shall be responsible for the proper and continued functioning of all equipment and devices which the Government determines are necessary for air traffic control, but which cannot be placed in operation or controlled from said Tower, or are not otherwise operated by or under the control of the Government. • Lease No. DTFA07-83-L-01140 ATCT Site Drake Field Airport Fayetteville, Arkansas OPERATION AGREEMENT FOR AIRPORT TRAFFIC CONTROL TOWER - Continued 3. The Lessor shall promptly advise the Government's duly authorized representative(s) in said Tower of any conditions which render all, or any, area(s) of the Airport unsafe for normal utilization by aircraft and will, upon demand, appropriately mark any such area(s) in a manner approved by the Government which properly indicates the existing condition(s); the Lessor shall promptly give notice to the Government's Tower representative(s) prior to the time any maintenance or construction is begun on the airport landing area unless such action is in accordance with a schedule which has been previously coordinated with the said Tower; said notice shall be given not less than thirty (30) days prior to the commencement date and said approved schedules shall be submitted for approval no less than thirty (30) days prior to the schedule date for beginning the first item of construction and/or maintenance on the schedule. e 4. The Government shall have absolute control of the operation of said Tower and its associated facilities at all times and shall not be subject to direction from the Lessor in this regard, but the Lessor shall indemnify and save harmless the Government from and against all loss, injury, or damage, and any claims for such acts resulting from or incident to the operation of said Tower; provided, however, the Lessor shall not be responsible for any such acts or claims resulting from the negligent or wrongful acts or omission of any employee operating in said Tower. 5. The Lessor, upon request from the Government, agrees to provide two-way ground control communication equipment in its maintenance and emergency vehicles scheduled to regularly operate in the airport landing area, and such equipment shall be capable of maintaining radio communications with the Government's Tower on said airport. Lease No. DTFA07-83-L-01140 Air Traffic Control Tower Site, Drake Field Airport Fayetteville, AR CORPORATE CERTIFICATE Mary E. Griffin City Clerk • . certify that I am the eedi(etei# of the corporation named in the foregoing agreement; that Paul R. Noland who signed said agreement on behalf of the corporation was then Mayor of said corporation; 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 23rd day of August By: . 19 83 iary t.(grittin, City • x Wati ExhatcE,W C7{' L. 4. tt:..atii�.:,..r..w..,. {ANHOL iNI SY CI�,A :Pc" .raN 6rktt,itato NE 1409 g f • d .1 Erre {1ne44f car tetct ts a Rescfrc preepOSrO S.y. PNAN HOL-G 6Y spowsort (VICCONUrn Io. 14 &con.o' x' PFty k x suwece FICC STP'p bra3Grimea., Emmy 15 i -1z94 . r oN 791 1DESCR1 PT 10 CHECKED' APPROVED DEPARTMENT ENT ®F TRANSPORTATION FEDERAL AVIATION ADMINISTRATION fa 16�PC�'T i P��I CONT�W[� i -�- LQ:Q.S . C7�.4KE FI EI 0 - �A 'E,E ► F—V LLE , ARKANI REVIEWED' By SUBMiTTE D.BY APPROVED; CIVIL SECT .SU PVS'?.:.AS W 4+ : ISSUED BY CHECKED BY AIRWAY FACiLiTIES DIVISION PAWING NO. S\N-�-10059-A SW FORM 6000-14 (12-71)