HomeMy WebLinkAbout16-99 RESOLUTION•
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RESOLUTION NO. 16 - 9 9
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A RESOLUTION APPROVING A LEASE AND TRANSFER
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
IN THE AMOUNT OF $627,220 PROVIDING FOR THE
LOCALIZER-TYPE DIRECTIONAL AID (LDA) WITH GLIDE
SLOPE (GS) FACILITY SITE AND TRANSFER OF
ASSOCIATED EQUIPMENT; AND APPROVAL OF A BUDGET
ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby approves a lease and transfer agreement with
the Federal Aviation Administration in the amount of $627,220, providing for the localizer-type
directional aid (LDA) with glide slope (GS) facility site and transfer of associated equipment; and
authorizes the Mayor and City Clerk to execute an agreement with the United States Department of
Transportation. A copy of the lease and transfer agreement is attached hereto marked Exhibit "A"
and made a part hereof.
Section 7 The City Council hereby approves a budget adjustment in the amount of
S627,220 by increasing Gain/Loss on Sale of Assets, Acct. No. 5550 0955 6881 02 by decreasing
Use of Fund Balance, Acct. No. 5550 0955 4999 99. A copy of the budget adjustment is attached
hereto marked Exhibit "B" and made a part hereof.
PASSED AND APPROVED this 2 day of February , 1999.
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"I►iEST: ,
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By :... .1a.,a•-•-)
/Heather Woodruff, City Cle
APPROVED,;
By:
Fred Hanna, Mayor
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CROSS REFERENCE:
Date
Contents of File
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U.S. Department of Transportation
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, Texas 76193-0054
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EXHIBIT A xe-
Lease No. DTFA07-99-L-01111
Localizer-Type Directional Aid (LI)A)
With Glide Slope (CS), Runway No. 34
Fayetteville Municipal Airport
Fayetteville, Arkansas
LEASE
Between
CITY OF FAYETTEVILLE, ARKANSAS
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this ,l day of drpgeii
in the year 19 44 , by and between CITY OF FAYETTEVILLE, ARKANSA ,whose
address is: Airport Department, 4500 South School Avenue, Suite F, Airport Terminal
Building, Fayetteville, Arkansas 72701, for itself or its successors, and assigns, hereinafter
referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as
the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned
covenant and agree as follows:
PREMISES:
For the term beginning December I, 1998, and ending September 30, 1999, the Lessor
hereby leases to the Government the following described property, hereinafter referred to as
the premises, VIZ:
LOCALIZER-TYPE DIRECTIONAL AID (LDA) WITH GLIDE SLOPE (GS)
RUNWAY No. 34
Tract "A" LDA AZIMUTH STATION SITE
Commencing at the centerline and threshold of Runway No. 34, thence proceed N
10°53'20"W, 3860.91 feet to a point; thence N 79°06'40"E, 347.92 feet to a point, said point
being the point of beginning for this description; thence N 15°12'54"W, 250.00 feet to a
point; thence N 74°47'06"E, 100.00 feet to a point; thence S 15°12'54"E, 250.00 feet to a
point; thence S 74°47'06"W, 100.00 feet to the point of beginning, an area containing 0.57
acres more or less, as more particularly shown on Exhibit "A", attached hereto and made a
part hereof.
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Lease No. DTFA07-99-L-01111
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
Tract "B" LDA AZIMUTH STATION CRITICAL AREA
Commencing at the centerline and threshold of Runway No. 34, thence proceed N
10°53'20"W, 1802.11 feet to a point; thence N 79°06'40"E, 50.00 feet to a point, said point
being the point of beginning for this description; thence N 10°53'20"W, 798.13 feet to a
point; thence N 05°23'20"W, 1205.55 feet to a point; thence N 84°36'40"E, 400.00 feet to a
point; thence S 05°23'20"E, 2000.00 feet to a point; thence S 84°36'40"W, 323.50 feet to the
point of beginning, an area containing 17.67 acres more or less, as more particularly shown on
Exhibit "A", attached hereto and made a part hereof.
Tract "C" LDA ELEVATION STATION SITE _
Commencing at the centerline and threshold of Runway No. 34, thence proceed N
10°53'20"W, 884.00 feet to a point; thence N 79°06'40"E, 50.00 feet to a point, said point
being the point of beginning for this description; thence N 10°53'20"W, 100.00 feet to a
point; thence N 79°06'40"E, 250.00 feet to a point; thence S 10°53'20"E, 100.00 feet to a
point; thence S 79°06'40"E, 250.00 feet to the point of beginning, an area containing 0.57
acres more or less, as more particularly shown on Exhibit "A", attached hereto and made a
part hereof.
Tract "D" LDA ELEVATION STATION CRITICAL AREA
Commencing at the centerline and threshold of Runway No. 34, thence proceed N
10°53'20"W, 71.01 feet to a point; thence N 79°06'40"E, 50.00 feet to a point, said point
being the point of beginning for this description; thence N 10°53'20"W, 914.44 feet to a
point; thence N 84°36'40"E, 252.69 feet to a point; thence S 05°23'20"E, 910.23 feet to a
point; thence S 84°36'40"W, 165.04 feet to the point of beginning, an area containing 4.36
acres more or less, as more particularly shown on Exhibit "A", attached hereto and made a
part hereof.
LAD -DME CONTROL CABLE
The lessor grants to the Government a right-of-way for a twenty-five (25) pair direct buried
control cable, said right-of-way being ten (10) feet in width, five (5) feet either side of the
cable as installed and 3250.00 feet in length, more or Icss, as shown on Exhibit "A", attached
hereto and made a part hereof.
(a) Together with a right-of-way for ingress to and egress from the premises; 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 the said lands
2
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Lease No. DTFA07-99-L-0I 111
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes
reasonably determined to be the most convenient to the Government.
(b) And the right of grading, 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 Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures
or signs so placed in or upon, or attached to the said premises shall be and remain the property
of the Government, and may be 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. RENEWAL OPTION:
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 Govemment's options shall be
deemed exercised and the lease renewed each year for one (1) year unless the Govemment
gives thirty (30) days' notice that it will not exercise its options, before this lease or any
renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of
occupancy of the premises beyond the 30th day of September 2018.
3. CANCELLATION:
The Govemment may terminate this lease at any time by giving at least thirty (30)
days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail.
4. RENT:
The Government shall pay the Lessor no monetary consideration in the form of rental,
it being mutually agreed that the rights extended to the Government herein arc in
consideration of the obligations assumed by the Goverment in its establishment, operation,
and maintenance of the LDA/GS upon the premises hereby leased.
5. NON -RESTORATION:
It is hereby agreed between the parties, that upon termination of its occupancy, the
Government shall have no obligation to restore and/or rehabilitate, either wholly or partially,
the property which is the subject matter of this lease. It is further agreed the Govemment may
abandon in place any or all of the structures and equipment installed in or located upon said
3
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Lease No. DTFA07-99-L-01111
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
property. Notice of abandonment will be conveyed by the Government to the Lessor in
writing. Such abandoned structures and equipment shall become the property of the
Lessor in accordance with Article II of the Transfer Agreement, executed concurrently
with this lease.
6. CONTINUOUS CLEARING OF AREAS AROUND NAVIGATIONAL AIDS:
The Lessor agrees to keep the restricted/critical areas of the LDA and GS mowed to a
height that the vegetation will not be an obstruction to the operation and maintenance of the
navigational facilities. (Maximum allowable height of grass and weeds is twelve (12) inches.)
7. INTERFERENCE WITH GOVERNMENT OPERATIONS:
The Lessor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that may
interfere with the proper operation of the facilities installed by the Government under the
terms of this lease unless consent hereto shall first be secured from the Government in
writing.
8. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES:
The Lessor agrees that any relocation, replacement, or modification of any existing or
future Government facilities covered by this lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere
with the technical and/or operational characteristics of the Government's facilities will be at
the expense of the Lessor, except when such improvements or changes are made at the written
request of the Government. In the event such relocations, replacements, or modifications are
necessitated due to causes not attributable to either the Lessor or the Government, funding
responsibility shall be determined by the Government.
9. HAZARDOUS SUBSTANCE CONTAMINATION:
The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees
to remediate, at its sole cost, any and all other hazardous substance contamination found on
the leased premises. The Lessor 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 leased premises not directly attributable to the installation,
operation and/or maintenance of the Government's facilities.
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Lease No. DTFA07-99-L-01 111
Localizer-Type Directional Aid (LI)A)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
10. QUIET ENJOYMENT:
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.
11. OFFICIALS NOT TO BENEFIT:
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.
12. COVENANT AGAINST CONTINGENT FEES:
The Lessor 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
13. CONTRACT DISPUTES:
All contract disputes arising under or related to this contract shall be resolved under
this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution
System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and
shall apply only to final agency decisions. The decision of the FAA shall be considered a
final agency decision only after a Lessor has exhausted their administrative remedies for
resolving a contract dispute under the FAA Dispute Resolution System.
A contract dispute shall be made in writing and signed by a Lessor or duly authorized
representative of the Lessor and submitted to the Contracting Officer, that it is disputed either
as to liability or amount. Submission shall be within six months after the accrual of the
contract dispute. The contracting officer's decision concerning the contract dispute shall be
binding on the parties unless the Lessor references the matter to the FAA Office of Dispute
Resolution for Acquisition. Information relating to submitting a dispute will be provided by
the Contracting Officer, upon request.
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Lease No. DTFA07-99-L-01111
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
14. NOTICES:
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such other address as either party may designate from time to time by notice or
correspondence to the other):
TO LESSOR:
City of Fayetteville, Airport Department
4500 South School Avenue, Suite F
Airport Terminal Building
Fayetteville, Arkansas 72701
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Property and Services Branch, ASW -54
Fort Worth, TX 76193-0054
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as
of the date first above written.
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CITY OF FAYETTEVILLE, ARKANSAS
BY:
aes,
TITLE /n py
THE UNITED STATES OF AMERICA
BY:
James . Ne son
TITLE: Contracting Officer
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Lease No. DTFA07-99-L-01111
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
CORPORATE CERTIFICATE
I,,Ve'nwae joc022 ipP, certify that I am the C/7t/ C LQ2A of the
Corporation named in the foregoing agreement, that F,2o fidativr/A
who signed said agreement on behalf of said corporation, was then "'we
thereof, that said agreement was duly signed for and in behalf of said corporation by authority
of its governing body, and is within the scope of its corporate powers.
Dated this , .72 day of f"szLQ,rMoi ,
CORPORATE SEAL
f<<
Signed by�Q, ',� 4_2,4,11
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Lease No. DTFA07-99-L-01111
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LDA AND GLIDE
DI. J. 6
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U.S. Department of Transportation
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, Texas 76193-0054
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Lease No. DTFA07-99-L-01111
Localizcr-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport
Faycttcvillc, Arkansas
LEASE
Between
CITY OF FAYETTEVILLE, ARKANSAS
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this day of
in the year 19 , by and between CITY OF FAYETTEVILLE, ARKANSAS, whose
address is: Airport Department, 4500 South School Avenue, Suite F, Airport Terminal
Building, Fayetteville, Arkansas 72701, for itself or its successors, and assigns, hereinafter
referred to as the Lessor and the UNITED STATES OF AMERICA, hercinaftcr referred to as
the Government: '
WITNESSETH: The parties hereto for the consideration hereinafter mentioned
covenant and agree as follows:
PREMISES:
For the term beginning December 1, 1998, and ending September 30, 1999, the Lessor
hereby leases to the Government the following described property, hereinafter referred to as
the premises, VIZ:
LOCALIZER-TYPE DIRECTIONAL AID (LDA) WITH GLIDE SLOPE (GS)
RUNWAY No. 34
Tract "A" LDA AZIMUTH STATION SITE
Commencing at the centerline and threshold of Runway No. 34, thence proceed N
10°53'20"W, 3860.91 feet to a point; thence N 79°06'40"E, 347.92 feet to a point, said point
being the point of beginning for this description; thence N I5°12'54"W, 250.00 feet to a
point; thence N 74°47'06"E, 100.00 feet to a point; thence S 15°12'54"E, 250.00 feet to a
point; thence S 74°47'06"W, 100.00 feet to the point of beginning, an area containing 0.57
acres more or less, as more particularly shown on Exhibit "A", attached hereto and made a
part hereof.
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1
• LDA AND GLIDE
111. J. 7
Lease No. DTFA07-99-L-01 I I
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
Tract "B" LDA AZIMUTH STATION CRITICAL AREA
Commencing at the centerline and threshold of Runway No. 34, thcncc proceed N
10°53'20"W, 1802.11 feet to a point; thcncc N 79°06'40"E, 50.00 feet to a point, said point
being the point of beginning for this description; thcncc N 10°53'20"W, 798.13 feet to a
point; thcncc N 05°23'20"W, 1205.55 feet to a point; thcncc N 84°36'40"E, 400.00 feet to a
point; thence S 05°23'20"E, 2000.00 fcct to a point; thence S 84°36'40"W, 323.50 feet to the
point of beginning, an area containing 17.67 acres more or less, as more particularly shown on
Exhibit "A", attached hereto and made a part hereof.
Tract "C" LDA ELEVATION STATION SITE
Commencing at the centerline and threshold of Runway No. 34, thence proceed N
10°53'20"W, 884.00 feet to a point; thence N 79°06'40"E, 50.00 feet to a point, said point
being the point of beginning for this description; thence N 10°53'20"W, 100.00 feet to a
point; thence N 79°06'40"E, 250.00 feet to a point; thence S 10°53'20"E, 100.00 feet to a
point; thence S 79°06'40"E, 250.00 feet to the point of beginning, an arca containing 0.57
acres more or less, as more particularly shown on Exhibit "A", attached hereto and made a
part hereof.
Tract "D" LDA ELEVATION STATION CRITICAL AREA
Commencing at the centerline and threshold of Runway No. 34, thence proceed N
I0°53'20"W, 71.01 feet to a point; thence N 79°06'40"E, 50.00 feet to a point, said point
being the point of beginning for this description; thence N l0°53'20"W, 914.44 feet to a
point; thence N 84°36'40"E, 252.69 feet to a point; thence S 05°23'20"E, 910.23 feet to a
point; thence S 84°36'40"W, 165.04 feet to the point of beginning, an arca containing 4.36
acres more or less, as more particularly shown on Exhibit "A", attached hereto and made a
part hereof.
LAD -DME CONTROL CABLE
The lessor grants to the Government a right-of-way for a twenty-five (25) pair direct buried
control cable, said right-of-way being ten (10) feet in width, five (5) feet either side of the
cable as installed and 3250.00 feet in length, more or less, as shown on Exhibit "A", attached
hereto and made a part hereof.
(a) Together with a right-of-way for ingress to and egress from the premises; 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 the said lands
2
LDA AND GLIDE
II1. J. 8
• •
Lease No. DTIA07-99-L-011 1 I
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
and adjoining lands of the Lessor, and unless herein described otherwisc, to be by routes
reasonably determined to be thc most convenient to the Government.
(b) And the right of grading, conditioning, and installing drainage facilities, and
seeding the soil of the premises, and the removal of all obstructions from thc premises which
may constitute a hindrance to the establishment and maintenance of Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures
or signs so placed in or upon, or attached to the said premises shall be and remain the property
of the Goverment, and may be 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.
RENEWAL OPTION:
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 options shall be
deemed exercised and the lease renewed each year for one (1) year unless the Government
gives thirty (30) days' noticc that it will not exercise its options, before this lease or any
renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of
occupancy of the premises beyond the 30th day of September 2018.
3. CANCELLATION:
The Government may terminate this lease at any time by giving at least thirty (30)
days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail.
RENT:
The Government shall pay the Lessor no monetary consideration in the form of rental,
it being mutually agreed that the rights extended to the Government herein are in
consideration of the obligations assumed by the Goverment in its establishment, operation,
and maintenance of the LDA/GS upon the premises hereby leased.
NON -RESTORATION:
1t is hereby agreed between the parties, that upon termination of its occupancy, the
Government shall have no obligation to restore and/or rehabilitate, either wholly or partially,
the property which is the subject matter of this lease. It is further agreed the Goverment may
abandon in place any or all of the structures and equipment installed in or located upon said
3
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LDA AND GLIDE
III. J.9
Lease No. DTFA07-99-L-011 1 1
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
property. Notice of abandonment will be conveyed by the Govemment to the Lessor in
writing. Such abandoned structures and equipment shall become the property of the
Lcssor in accordance with Article II of the Transfer Agreement, executed concurrently
with this lease.
6. CONTINUOUS CLEARING OF AREAS AROUND NAVIGATIONAL AIDS:
The Lessor agrees to keep the restricted/critical areas of the LDA and GS mowed to a
height that the vegetation will not be an obstruction to the operation and maintenance of the
navigational facilities. (Maximum allowable height of grass and weeds is twelve (12) inches.)
7. INTERFERENCE WITH GOVERNMENT OPERATIONS:
The Lessor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that may
interfere with the proper operation of the facilities installed by the Government under the
terms of this lease unless consent hereto shall first be secured from the Government in
writing.
8. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES:
The Lessor agrees that any relocation, replacement, or modification of any existing or
future Government facilities covered by this lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere
with the technical and/or operational characteristics of the Government's facilities will be at
the expense of the Lessor, except when such improvements or changes arc made at the written
request of the Government. In the event such relocations, replacements, or modifications are
necessitated due to causes not attributable to either the Lessor or the Government, funding
responsibility shall be determined by the Goverment.
9. HAZARDOUS SUBSTANCE CONTAMINATION:
The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees
to remediate, at its sole cost, any and all other hazardous substance contamination found on
the leased premises. The Lessor 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 leased premises not directly attributable to the installation,
operation and/or maintenance of the Government's facilities.
4
LDA AND GLIDE
III. J. 10 •
Lease No. DTFA07-99-L-01111
Localizcr-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
10. QUIET ENJOYMENT:
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.
11. OFFICIALS NOT TO BENEFIT:
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.
12. COVENANT AGAINST CONTINGENT FEES:
The Lessor 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.
13. CONTRACT DISPUTES:
All contract disputes arising under or related to this contract shall be resolved under
this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution
System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and
shall apply only to final agency decisions. The decision of the FAA shall be considered a
final agency decision only after a Lessor has exhausted their administrative remedies for
resolving a contract dispute under the FAA Dispute Resolution System.
A contract dispute shall be made in writing and signed by a Lessor or duly authorized
representative of the Lessor and submitted to the Contracting Officer, that it is disputed either
as to liability or amount. Submission shall be within six months after the accrual of the
contract dispute. The contracting officer's decision concerning the contract dispute shall be
binding on the parties unless the Lessor references the matter to the FAA Office of Dispute
Resolution for Acquisition. Information relating to submitting a dispute will be provided by
the Contracting Officer, upon request.
•
14. NOTICES:
•
LDA AND GLIDE
III. J. 11
Lease No. DTFA07-99-L-01 1 1 1
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such other address as either party may designate from time to time by notice or
correspondence to the other):
TO LESSOR:
TO GOVERNMENT:
City of Fayetteville, Airport Department
4500 South School Avenue, Suite F
Airport Terminal Building
Fayetteville, Arkansas 72701
Department of Transportation
Federal Aviation Administration
Property and Services Branch, ASW -54
Fort Worth, TX 76193-0054
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as
of the date first above written.
CITY OF FAYETTEVILLE, ARKANSAS
BY:
TITLE:
THE UNITED STATES OF AMERICA
BY:
TITLE:
James . Ne son
Contracting Officer
LDA AND GLIDE
QE J. 12 •
II de
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Lease No. DTFA07-99-L-011 I 1
Localizer-Type Directional Aid (LDA)
With Glide Slope (GS), Runway No. 34
Fayetteville Municipal Airport, Arkansas
CORPORATE CERTIFICATE
I, , certify that I am the of the
Corporation named in the foregoing agreement, that
who signed said agreement on behalf of said corporation, was then
thereof, that said agreement was duly signed for and in behalf of said corporation by authority
of its governing body, and is within the scope of its corporate powers.
Dated this day of , 19
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CORPORATE SEAL
Signed by
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EXHIBIT A ,Exiliaii
TRANSFER AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
CITY OF FAYETTEVILLE, ARKANSAS
p� THIS AGREEMENT made and entered into this e2 day of fagadige/
19 ' ! , by and between the UNITED STATES OF AMERICA, acting by and through the
Department of Transportation, Federal Aviation Administration, hereinafter referred to as the
Government, whose address is: Property and Services Branch, ASW -54, Fort Worth, Texas
76193-0054, and the CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as the
Owner, whose address is: Airport Department, 4500 South School Avenue, Suite F, Airport
Terminal Building, Fayetteville, Arkansas 72701, WITNESSETH THAT:
WHEREAS, the Owner desires to transfer to the Government the Localizer-Type
Directional Aid (LDA) With Glide Slope (GS), Runway No. 34, Fayetteville Municipal
Airport, Arkansas; and
WHEREAS, Section 303 (c ) (1) of the Federal Aviation Act of 1958, as amended,
authorized Government acceptance of non -Federal navigational and air traffic control
facilities and equipment; and,
WHEREAS, the Government agrees to operate and maintain the aforesaid LDA/GS
for the benefit of air carriers, military, general aviation aircraft personnel, and the standard use
by the general public.
NOW, THEREFORE, in consideration of the premises and covenants and agreement
contained herein, the Government and the Owner agree as follows:
ARTCICLE 1 — PROPERTY 1'O BE TRANSFERRED:
A. The Owner, for and in consideration of the assumption by the Government of
all obligations, and its covenant to abide by and in agreement of certain conditions, its
transferees, successors, and assigns, under the conditions set forth hereinafter, transfer all the
Owner's rights, title, and interest in and to the improvements as constructed by Fayetteville
Municipal Airport, Arkansas, more particularly listed in Attachment "A", attached hereto and
made a part hereof and described as the Localizer-Type Directional Aid (LDA) with Glide
Slope (GS), Runway No. 34.
B. The Owner has entered into Lease No. DTFA07-99-L-01111 with the
Government for the land rights required for operation of the LDA/GS at no cost to the
Government for 20 years.
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Transfer Agreement
LDA/GS, Runway No. 34
Fayetteville Municipal Airport
Fayetteville, Arkansas
C. The Owner further agrees that the equipment and structures are being
transferred free of any encumbrances, liens, or legal liabilities. Any outstanding
encumbrances, liens, or legal liabilities associated with these facilities and incurred prior to
the transfer shall remain the responsibility of the Owner.
ARTCII,E 11 — SPECIAL CONDITIONS:
A. If operational requirements diminish to the point that maintenance, ownership,
and operation of the LDA and GS become economically unfeasible, as determined by the
FAA, the FAA may abandon in place all equipment and units pertaining to the LDA and GS
set forth in this agreement. Such abandoned equipment shall automatically revert to the
Owner, or its successor or assign. Should the original equipment be replaced or modified to
meet FAA specifications, the new or modified unit will revert to the Owner. It is agreed and
understood that the LDA and GS herein conveyed when reverting back to the Owner or
transferred back to the Owner will be in good working order and condition in accordance with
the Federal Aviation Act of 1958, Section 303 (c ). The relinquishing of ownership of any
system or equipment by FAA will also absolve the FAA of any further responsibilities for the
operation, maintenance, or logistic support of the system or equipment concerned.
B. If the previous Owner declines the return of the facilities, the FAA will
abandon them in place or declare them excess to its needs and either dispose of them directly,
as approved by the Administrator, or report them to GSA for disposal in accordance with the
Federal Property and Administrative Act of 1949, as amended.
ARTICLE 111 - CORRESPONDENCE.
All correspondence relating to this agreement shall be addressed as follows (or to such
other address as either party may designate from time to time):
TO OWNER:
City of Fayetteville, Airport Department
4500 South School Avenue, Suite F
Airport Terminal Building
Fayetteville, Arkansas 72701
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Property and Services Branch, ASW -54
Fort Worth, Texas 76193-0054