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HomeMy WebLinkAbout16-99 RESOLUTION• r' • RESOLUTION NO. 16 - 9 9 • 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. a. e • "I►iEST: , 4 • By :... .1a.,a•-•-) /Heather Woodruff, City Cle APPROVED,; By: Fred Hanna, Mayor • NAME OF FILE: 1/A/. /lo - 99c ,nCQ 8M78S JJ�Pr D,b RiMis y»7%of( / FEOCRAk R vZArIoA/ Rbrn-Lnrr.SrRAiroN CROSS REFERENCE: Date Contents of File Initials ,70,2-e "Es. 4-99 )( HI -Br T"A11,(As F * 7R6NS/rek A4QeEinEoJ EgilrAt igH(gub&&r QZ)sus-r na T) ,?-1-99 STA FF 4 V Ea) frog m I-/3.9`1`'16:27?/) To /*Er/EV.1-41.-_&-:" er7, eazei r,r,c AErrE,e T J.9.C6 AegAtsze,e /67'7"--2 /'o Ale -.4 /1/4,04/4 ,t//1--99 !%%��17o T :A/94E A,QEAC_,P Te," • • • • U.S. Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 • • exH.uf. nss 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. • 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 • • 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 • • • 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. 4 • • • 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. r • 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. 6 CITY OF FAYETTEVILLE, ARKANSAS BY: aes, TITLE /n py THE UNITED STATES OF AMERICA BY: James . Ne son TITLE: Contracting Officer • r . • 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 7 Lease No. DTFA07-99-L-01111 • 0 a c e r S6atp7N 0181 by .stMilla4aj O 'q n v 3M 0 o n n oo u S A o n a nj r- 0 0 • c mZ m• < Z N LDA AND GLIDE DI. J. 6 • U.S. Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 • 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. • • • 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 • 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 • • 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 • CORPORATE SEAL Signed by 7 • S LDA AND GLIDE III..1. 13 O • • 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. m X CO -1 • • • 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 It. Transfer Agreement LDA/GS, Runway No. 34 Fayetteville Municipal Airport Fayetteville, Arkansas ARTCILE IV — EFFECTIVE DATE: This agreement supersedes any previous agreements between the parties covering the subject matter set forth and is effective 2,�k,,,., J j1g9 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. CITY OF FAYETTEVILLE, ARKANSAS By: Title: THE UNITED STATES OF AMERICA By: ciZc..zKZ4 4ni I James M. Nelson Title: Contracting Officer Transfer Agreement LDA/GS, Runway No. 34 Fayetteville Municipal Airport Fayetteville, Arkansas CORPORATE CERTIFICATE 1, 41,p,2 , certify that I am the Ciry CLa2. . of the Corporation named in the foregoing agreement, that FeLv_ygyG d who signed said agreement on behalf of said corporation, was then /Jlnwe2 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 , I9_1 CORPORATE SEAL El L SPARE MODULES A. LOCALIZER/GLIDESLOPE - RW 34 - LFH (DRAKE FIELD) Qfl UNIT DESCRIPTION WILCOX PIN SIN I EA CCA, MON, LOC/GS 120381-1 0641 1 EA POWER SUPPLY 120292-1 0535 1 E4 CCA, DC -DC CONY 120293-1 1037 1 • EA CCA, CABLE FAULT DET 120361-1 0271 1 EA SYN ASSY, LOC 120284-1 0386 1 EA CCA, TRANS SUPPR, 8X8 120303-1 0790 1 EA CCA, AUDIO GEN 120286-1 0550 1 EA CCA, PNL SUBSYS 120291-2 0408 1 EA CCA, TRANS SUPPR, LOC/GS 120-321-1 0418 1 EA CCA, RMMC 120289-1 0588 1 EA CCA, SUBSYS, INTFC 120287-1 U358 1 EA CCA, LCSU, LOC/GS 120288-1 0376 1 EA MOD/PA ASSY, LOC 120290-1 - 0719 1 EA INT DET ASSY 120322-1 203U 1 EA MODULE, SAMPLE 1192624 072 1 EA S W, RP XMSN 012343-1 412-153 1 EA MODULE, SAMPLE, LOC/GS 119262-5 0266 1 EA SYNTH ASSY, GS 120284-2 0385 I EA MOD/PA ASSY, GS 120299-1 0558 I EA MODULE, SAMPLE CS 119262-2 0320 1 EA MODULE, SAMPLE, CS V1 119297-1 0305 B. RCSU 1 EA CCA, CTRL 120307-1 0254 1 EA CCA, DC -DC CONY. 120306-1 0274 1 EA CCA, STATUS UNIT 120312-2 0961 1 EA CCA, BCPS RCSU 120305-1 027U C. RSIU 1 EA RSIU,FA-10591 120313-1 1008 D. LCU 1 EA CCA, CPU LCU 120289-2 0562 1 EA POWER SUPPLY ASSY, AC -DC 48035-I 0037 1 EA POWER SUPPLY ASSY, DC -DC 48U36.1 0009 Transfer Agreement Attachment "A" Pace I of • M OTHER EQUIPMENT Q (INSTALLED AT FYV ATCT, COMMON TO LOC AND GS) I EA REMOTE CONTROL AND STATUS UNIT 1007 1 EA REMOTE STATUS INDICATOR UNIT (RSIU) 1009 EA LINK CONTROL UNIT (LCU) 1005 , ILL TEST EQUIPMENT (COMMON TO LOC AND GS) I EA PORTABLE US RECEIVER (PIR) FA -10592 162 1 EA PORTABLE MAINTENANCE DATA TERMINAL (PMDT) 1 EA TOSHIBA NOTEBOOK COMPUTER T1910 12463382 1 EA TEST ADAPTER, SCHROFF 20800-188 1728900553/AB EA TEST ADAPTER, SCHROFF 20800-188 1726900585/AB EA TEST ADAPTER, MUPAC L146537 ET 149191 UL SAFETY EQUIPMENT (GLIDE SLOPE) 1 EA BODY BELT, L917 702438 1 EA LANYARD, L952 DAN 6 024648 EA STAINLESS STEEL SAFETY SLEEVE IW0-1672-401 737 IV. MANUALS 1. LOCALIZER GROUP INSTRUCTION MANUAL T16750.180 2. PORTABLE as INSTRUCTION MANUAL TI6750.185 3. REMOTE INDICATION AND CONTROL EQPT INSTRUCTION MANUAL TI6750.182 4. LINK CONTROL UNIT GROUP INSTRUCTION MANUAL T16750.183 5. GLIDESLOPE GROUP INSTRUCTION MANUAL 716750.181 a. TOSEEBA T1910 REFERENCE MANUAL (1) GETTING STARTED (2) USERS GUIDE (3) BALL POINT MOUSE (4) CARD MANAGER (5) INFORMATION PACKAGE h. MICROSOFT MS-DOS (V6.22) USERS GUIDE c MICROSOFT WINDOWS (V3.1) USERS GUIDE d. MEGA HERTZ MODEM USER GUIDE AND INSTALL GUIDE c. MEGA HERTZ FAXWORKS USERS GUIDE Transfer Agreement Attachment "A" Dann I ..f S • V. REAL PROPERTY , A. LOCALIZER MARK 20 1. SHELTER, VERTEX, 8X12, W/ SLAB 2, AIR CONDITIONER, GE AJX08AFV4 3. STORAGE CABINET, MODEL 1470 4. WORK BENCH, 24" X 48" S. LOCALIZlR SUBSYSTEM, FA -10582 6. LOCALIZER ANTENNA, PA -10583, 14/111 7. STOOL.MODEL624 8. BASEBOARD HEATER, 112204 9. BATTERY KITS, 2 EA, 24V, Il10Alt B. GLIDESLOPE MARK 20 1. SHELTER, VERTEX, 8x12, W/4 PEERS, STEPS 2. GLIDESLOPE SUBSYSTEM, FA -10584 3. GLIDESLOPE ANTENNA, CAPTURE EFFECT 4. AIR CONDITIONER, GE, AJX08AFV4 5. WORK BENCH, 24"X48" 6. STOOL, MODEL 624 7. STORAGE CABINET, MODEL 1470 8. DLSTRIBUTIONICOMBINTNG UNIT, FA -10586 9. BASEBOARD HEATER, H2204 10. BATTERY KITS, 2 EA, 24v, 100AM SIN 1868 LR 846471 1005 1005 1869 1006 LR846473 1006 Transfer Agreement Attachment "A" Pace 3 of 3 LDA AND GLIDE • • III. S. 14 TRANSFER AGREEMENT BETWEEN TILE UNITED STATES OF AMERICA AND CITY OF FAYETTEVILLE, ARKANSAS THIS AGREEMENT made and entered into this day of , 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) ) (I) ) 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 I — PROPERTY TO 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-01 I It with the Government for the land rights required for operation of the LDA/GS at no cost to the Government for 20 years. • LDA AND GLIDE III. J. 15 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. ARTCILE 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 Ill — 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 LDA AND GLIDE • • III. J. 16. Transfer Agreement LDA/GS, Runway No. 34 Fayetteville Municipal Airport Fayetteville, Arkansas ARTCILE IV — EFFECTIVE DATE: This agreement supersedes any previous agreements between the parties covering the subject matter set forth and is effective IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. CITY OF FAYETTEVILLE, ARKANSAS 4 By: Title: THE UNITED STATES OF AMERICA By:u yl/yl,. James M. Nelson Title: Contracting Officer 3 • • LDA AND GLIDE III. J. 17 Transfer Agreement LDA/GS, Runway No. 34 Fayetteville Municipal Airport Fayetteville, Arkansas CORPORATE CERTIFICATE certify that I am Corporation named in the foregoing agreement, who signed said agreement on behalf of said corporation, was then the 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 CORPORATE SEAL Signed by 51 4. LDA AND GLIDE • • III. J. 18 p 1. J1 rnnz ,R\/Y ULFS A. LOCALIZER/GLIDESLOPE - RW 34 - LFH (DRAKE FIELD) QTY UNIT DESCRIPTION WILCOX PM S/N I EA CCA, MON, LOC/GS 120381-1 0641 1 EA POWER SUPPLY 120292-1 0535 1 E4 CCA, DC -DC CONY 120293-1 1037 • EA CCA, CABLE FAULT DET 120361-I 0271 EA SYN ASSY, LOC 120284-1 0386 EA CCA, TRANS SUPPR, 8X8 120303-1 0790 1 EA CCA, AUDIO CEN 120286-1 0550 1 EA CCA, PNLSUBSYS 120291-2 0408 I EA CCA, TRANS SUPPR, LOC/GS 120-321-1 0418 I EA CCA, RMMC 120289-1 0588 EA CCA, SUBSYS, INTFC 120287-1 0358 1 EA CCA, LCSU, LOC/GS 120288-1 0376 1 EA MOD/PA ASSY, LOC 120290-1 • 0719 1 EA INT DET ASSY 120322-1 2030 1 EA MODULE, SAMPLE 119262-4 0-272 1 EA S W, RF XMSN 012343-1 412-153 1 EA MODULE, SAMPLE, LOC/CS 119262-5 0266 EA SYNTH ASSY, GS 120284-2 0385 EA MOD/PA ASSY, GS 120299-1 0558 1 EA MODULE, SAMPLE CS 119262-2 0320 EA MODULE, SAMPLE, CS'/, 119297-1 0305 B. RCSU EA CCA, CTRL 120307-1 0254 1 EA CCA, DC -DC CONY. 120306-1 0274 I EA CCA, STATUS UNIT 120312-2 0961 1 EA CCA, BCPS RCSU 120305-I U27U C. RSIU 1 EA RSIU,FA-10591 120313-1 1008 D. LCU EA CCA, CPU LCU 120289-2 0562 1 EA POWER SUPPLY ASSY, AC -DC 48035-1 0037 EA POWER SUPPLY ASSY, DC -Dc 48036.1 0009 Transfer Agreement Attachment "A" 1'nee I of i • W • LDA AND GLIDE III. J. 19 U. OTHER EQUIPMENT (INSTALLED AT FYV ATCT, COMMON TO LOC AND CS) I EA REMOTE CONTROL AND STATUS UNIT 1007 I EA REMOTE STATUS INDICATOR UNIT (RSIU) 1009 EA LINK CONTROL UNIT (LCU) 1005 1 ., HL TEST EQUIPMENT (COMMON TO LOC AND CS) I EA PORTABLE HAS RECEIVER (PIR) FA -10592 162 I EA PORTABLE MAINTENANCE DATA TERMINAL (PM DT) I EA TOSHIBA NOTEBOOK COMPUTER T1910 12463382 1 EA TEST ADAPTER, SCHROFF 20800-188 1728900S53/AB I EA TEST ADAPTER, SCHROFF 20800-I88 1726900$85/AB 1 EA TEST ADAPTER, MUPAC L-146537 ET 149191 O;I. SAFETY EQUIPMENT (GLIDE SLOPE) I EA BODY BELT, L917 702438 1 EA LANYARD, L952 DAN 6 024648 EA STAINLESS STEEL SAFETY SLEEVE IUU0-1672-401 737 IV. MANUALS I. LOCALIZER GROUP INSTRUCTION MANUAL T16750.180 2. PORTABLE ILS INSTRUCTION MANUAL TI6750.185 3. REMOTE INDICATION AND CONTROL EQPT INSTRUCTION MANUAL 716750.182 4. LINK CONTROL UNIT GROUP INSTRUCTION MANUAL T16750.183 5. GLIDESLOPE GROUP INSTRUCTION MANUAL 716750.181 TOSHIBA T1910 REFERENCE MANUAL (1) GETTING STARTED (2) USERS GUIDE (3) BALL POINT MOUSE (4) CARD MANAGER (5) INFORMATION PACKAGE b. MICROSOFT MS-DOS (V6.22) USERS GUIDE t. MICROSOFT WINDOWS (V3.I) USERS GUIDE d. MEGA HERTZ MODEM USER GUIDE AND INSTALL GUIDE C MEGA HERTZ FAXWORKS USERS GUIDE Transfer Agreement Attachment "A" ..r 1 'LDA AND GLIDE 111. J. 20 . V. REALPKUPERTY A. LOCALIZER MARK 20 1. SHELTER, VERTEX, 8X12, W/ SLAB 2. AIR CONDmONER GE AJXo8AFV4 3. STORAGE CABINET, MODEL 1470 4. WORK BENCH$ 24" X 48" 5. LOCALIZ?R SUBSYSTEM, FA -10582 6. LOCALIZERANTENNA, FA-los83, 14/10 7. STOOL, MODEL 624 8. BASEBOARD HEATER, 112204 9. BATTERY KITS, 2 EA, 24V, 1n0A11 B. GLIDESLOPE MARK 20 1. SHELTER, VERTEX, 8X12, W/4 PIERS, STEPS 2. GLIDESLOPE SUBSYSTEM, FA -10584 3. GLIDESLOPE ANTENNA, CAPTURE EFFECT 4. AIR CONDITIONER, CE, AJXOSAFV4 5. WORK BENCH, 24" X 48" 6. STOOL, MODEL 624 7. STORAGE CABINET, MODEL 1470 8. DISTRHIUTION/COMBINING UNIT, FA -10586 9. BASEBOARD HEATER, H2204 10. BATTERY KITS, 2 EA, 24V, 100 AM S/N 1868 LR 846471 1005 1005 1867 1006 LR846473 1006 Transfer Agreement Attachment "A" Pnec I „F 1 • Budget Year Department: General Government 1998 Division: Airport City or Fayetiavjlh,.A'rkonsas Budget Adjustment Form Project or Item Requested: Authorization is requested to transfer the Instrument Landing System (ILS) to the Federal Aviation Administration (FAA). Justification of this Increase: The City purchased and contracted to have an ILS system installed in 1996. At the time the FAA indicated they would maintain the ILS if the City built it. The FAA requires the ILS to be transferred to them so they can maintain it. Account Name Gain/Loss on Sale of Assets Account Name Use of Fund Balance a • Date Requested 01/15/99 Adjustment IS Project or Item Deleted: None. Use of fund balance is proposed for this adjustment. Justification of this Decrease: This adjustment does not require cash or investments. Increase Expense (Decrease Revenue) Amount _ _ _ Account Number __ Project Number 627,220 5550 0955 6881 02 Decrease Expense (Increase Revenue) Amount Accou 627,.220 5550 0955 Approval Signatures Requested By D to _ q B dgc�nator — �d/te Date 2�JANh�_ [gate ale Blue Copy: Budget & Research / Yellow Copy: Requeste Number Project Number 4999 99 Budget Office Use Only Type: A B C O Date of Approval _ 0 Posted to General Ledger Posted to Project Accounting Entered in Category Log r CAlPP�99BUDGEf\BADJFORM.WK4 LDA AND GLIDE • III. J. 4 Budget Year (Department: General Government 1998 Division: Airport City or Fayetteville, Arkansas Budget Adjustment Form • Date Requested 01/15/99 Project or Item Requested: Authorization is requested to transfer the Instrument Landing System (ILS) to the Federal Aviation Administration (FAA). Justification of this Increase: The City purchased and contracted to have an ILS system installed in 1996. At the time the FAA indicated they would maintain the ILS if the City built it. The FAA requires the ILS to be transferred to them so they can maintain it. Account Name Gain/Loss on Sale of Assets Account Name Use of Fund Balance LDA AND GLIDE III. J. 5 Adjustment N Project or Item Deleted: None. Use of fund balance is proposed for this adjustment. Justification of this Decrease: This adjustment does not require cash or investments. Increase Expense (Decrease Revenue) Amount _ Account 627,220 5550 0955 6881 02 Decrease Expense (Increase Revenue) Amount-- Account Number 627,220 5550 0955 4999 99 Approval Signatures Requested By D to �9� Bodge Coordinator Date e f'an nen 4 it or Date t un. Services Director Date Budget Office Use Only Project Number I IProject Number Type: A B C OD Date of Approval Posted to General Ledger Posted to Project Accounting E Mayor — — _ ----- Date I Entered in Category Log Blue Copp: Budget & Resrarrh / Yellow Coln: Rester C:WPP\99HUOGF7Vb%JJ1tORM1I.WAj • • LDA AND GLIDE IILJ.1 /s /-99 STAFF REVIEW FORM X AGENDA REQUEST _ CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 2. 1999 MICRO s,MFD ------------------------------------------------------- = = = = =—= — = = = ----- - .S 74 FROM: E✓ Dale Frederick Airport General Gvmt. Name Division Department ACTION REQUIRED: Request review, approval and signatures of the Mayor and City Clerk for a Lease and a Transfer Agreement with the Federal Aviation Administration providing for the Localizer-Type Directional Aid (LDA) with Glide Slope (GS) facility site and transfer of associated equipment. The LDA with Glide Slope was purchased and installed by the Airport with the understanding that FAA would agree to assume ownership, operation and maintenance of the equipment, thus relieving the Airport of the high cost of maintenance and repair. The Lease gives the FAA right of use for the site on which the LDA and Glide Slope are located. Approval of a budget adjustment is also requested. COST TO CITY: $62J,72n Cost of this Request 5550-955-6881-02 Account Number Project Number S _n— Category/Project Budget Funds used to date S -0- Remaining Balance d e Item Administrative Services Director a;n/Lnss on Sale of Assets Cateeory/Project Name Program Name Airport Fund Budget Adjustment Attached VIEW: GRANTING AGENCY: /s -9 D te C ordinal Date O 5 / ✓ i Date In at Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends approval of the Lease Agreement and Transfer of Associated Equipment documents. tu:tcrs Divisi n (lead Date Cross Reference D rt e : ore New Item: Yes No Prev. CKd/Res#: A mi a c rvices Director D�— f Ong Cont. Date: r y May r Date LDA AND GLIDE 'E� `/ TLT �j THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: FAYETTEVILLE CITY COUNCIL THRU: FRED HANNA, MAYOR FROM: DALE FREDERICK, AIRPORT MANAGED DATE: JANUARY 13, 1999 SUBJECT: FAA LEASE AGREEMENT AND TRANSFER OF LDA/GS ASSOCIATED EQUIPMENT REQUEST APPROVAL OF A FEDERAL AVIATION ADMINISTRATION LEASE AGREEMENT OF THE I,DA/GS AND TRANSFER OF ASSOCIATED EQUIPMENT The Airport request review, approval and signatures of the Mayor and City Clerk for a Lease and a Transfer Agreement with the Federal Aviation Administration providing for the Localizer-Type Directional Aid (LDA) with Glide Slope (GS) facility site and transfer of associated equipment. The LDA with Glide Slope was purchased and installed by the Airport with the understanding that FAA would agree to assume ownership, operation and maintenance of the equipment, thus relieving the Airport of the high cost of maintenance and repair. The Lease gives the FAA right of use for the site on which the LDA and Glide Slope are located. DF/ms Attachments: I copy of Cover Letter 4 original Leases with 4 Corporate Certificates 4 original Transfer Agreements with 4 Corporate Certificates I copy of Nov. 29, 1996 letter from FAA referencing assumption of ownership • • LDA AND GLIDE III. J. 3 LDA AND O US Department of Tronsportation Federal Aviation Administration DEC 22 1998 Mr. Dale Frederick, Airport Manager Fayetteville Municipal Airport 4500 South School Avenue, Suite F Airport Terminal Building Fayetteville, Arkansas 72701 Dear Mr. Frederick: Southwest Reg:on Arkansas. Louisiana. New Mexico. Oklahoma. Texas MgrYRec Sec [] Ops [' — Mktgfl Past Fin File ❑ _____ Lease No. DTFA07-99-L-01111 And Transfer Agreement LDA/GS, Runway No. 34 Fayetteville Municipal Airport, Arkansas Fort Worth. Texas 76193.0000 RECEIVED DEC 2 7 1998 AIRPORT Enclosed are four copies of the Federal Aviation Administration (FAA) Lease No. DTFA07- 99-L-01111 together with a Transfer Agreement providing for the referenced Localizer-Type Directional Aid (LDA) with Glide Slope (GS) facility site and transfer of associated equipment. If these documents are satisfactory, please have an authorized official simultaneously execute both documents together with the attached corporate certificates and return three fully executed copies to the Department of Transportation, Federal Aviation Administration, Property and Services Branch, ASW-54, Fort Worth, Texas 76193-0054. In response to your letter dated September 29, 1998, please be advised that the FAA will absorb the estimated $4,838.00 cost for installation of test equipment associated with the transfer of ownership of the LDA/GS, Runway No. 34, Fayetteville Municipal Airport. If you require additional information, please contact Mr. Douglas Albro of our Logistics Support Staff at 817-222-4371. Sincerely, James M. Nelson Contracting Officer Enclosure (4) LE GLIDE • III. J. C U.S. Department of Transportation Federal Avlatfon Adminlstra NOV 291 Mr. Fred Hanna Mayor, City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Hanna: Sourhwesl Region Fori Wonh. Texas 761930000 Arkansas Louisiana. New Mexico Oklahoma. Texas t�r��ivtiilici [ G 19.4x' The Federal Aviation Administration (FAA), Southwest Region, is taking action to assume ownership, operation, and maintenance of your Localizer-Type Directional Aid (LDA) with Glideslope for Runway 34 at the Fayetteville Municipal Airport (Drake Field), Fayetteville, Arkansas. The FAA's intent is to take over these facilities following their commissioning. In order to proceed with the takeover process, we are requesting the following documents and drawings: a. Legal descriptions and/or plot drawings of all property to be transferred; b. Utility contracts, account numbers, vendor names, phone numbers, meter numbers, etc.; and c. An inventory of all components, buildings fences, equipment, etc. The FAA's Real Estate and Utilities Branch, ASW-56, will be responsible for the takeover process. Please submit the above items to the following address: Department of Transportation Federal Aviation Administration Southwest Regional Headquarters ATTN: August M. Riccono Fort Worth, TX 76193-0472 If you have any questions concerning this request, please contact Mr. August M. Riccono, Non -Federal Coordinator, Airway Facilities Division, Operations Branch, Program Services Section, at 817-222-4722. Sincerely, )ric'inal,Signed By: I INCAS Marcos Costilla Manager, Airway Facilities Division cc: RRR SMO AMRiccono:ASW-472.AMR;x4722:etc:I I/26/96:472memo:HANNA2.doc ASW-56 ASW-420 file: 6700 ASW-450 ASW -600 FTW FPO �E FAYETTEV1tLE C1 THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDEN To: Dale Frederick, Airport Director From: Heather Woodruff, City Clerk Date: February 10, 1999 Attached are copies of the resolution and lease transfer agreement with the U.S. Department of Transportation Federal Aviation Administration for your records. I am also returning three original agreements for you to distribute. The originals will be microfilmed and filed with the city clerk. cc. Internal Auditor Budget and Research Accounting