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HomeMy WebLinkAboutResolution - 4079 - Lease, Real Property - USA, National Weather Service - NEXRAD Site - 02/11/1993Resolution No. 4079 February 11, 1993 Item #29 RESOLUTION IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a U. S. Govern- ment Lease for Real Property with the United States of America for a National Weather Service Next Generation Weather Radar (NEXRAD) site, attached here- with, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this (ATTEST: Sa—fly Sti Abbe, Acting City Secretary APPROVED AS TO CONTENT: Tern Cate, Director o vIation APPROVED AS TO FORM: nthony i ams, AssistaRt ,ty Attorney AJW:js/NMOLO.RES D1-Agenda/Fabruary 3, 1993 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE: THIS LEASE, made and entered into this date by and between THE CITY OF LUBBOCK whose address is: Lubbock International Airport LEASE NO: Route 3, Box 389 Lubbock, Texas 79401 and whose interest in the property hereinafter described is that of Owner , - �::. , ,.� ... . L. - hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for considerations hereinafter mentioned, covenant and agree as follows; 1. The Lessor hereby leases to the Government the following described premises: Approximately .321 acres of land as described on attached survey, Exhibit A. to be used: for:, National Weather Service Next Generation Weather Radar (NEXRAD) site. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on January 1. 1993 through December 31, 1993 , subject to termination and renewal rights as may be hereinafter set forth. 3. This lease may be renewed annually, for the first ten (10) years of the thirty (30) year term at the option of the Government. Thereafter, either party may terminate this lease with 180 days notice. 4. The Lessor shall furnish to the Government, as part of the rental consideration, the following: - Ingress and egress to and from the site at all times. - Maintenance and upkeep of the grounds adjacent to the leased area. . ,� ��' I i 5.; Ile following are attached and made a part hereof - ',The General Clauses, dated 1/92, pages 1-4. Exhibit A Survey drawing. page I of 2 IN ES EREOF he arties hereto have hereunto subscribed their names as of the date first above written. Signature Title Mayor vid R. I,Zi4p6rf IN PRESENCE OF: S'� Signature Title Acting City Secretary Sally StiU Abbe UNITED STATES OF AMERICA i Signature Real Property Contracting Officer Carol Ciufolo APP oved as to Content: Bern E. Case, A.A.E. Director of Aviation Approvid to Assistan ity Attorney page 2 of 2 1 Revised 1/92 GENERAL CLAUSES (ARIA Lease Agreements) Lease No. 1. 552.270-10 DEFINITIONS (.TUNE 1985) a. The terms "contract" and "Contractor" shall mean "lease' and "Lessor," respectively. b. If the lease is a sub -lease, the term 'Lessor" means the sub -lessor. c. The term 'Lessor shall provide" means the Lessor shall furnish and install. 2. 552.270-18 LESSOR'S SUCCESSORS (TUNE 1985) The terms and provisions of this lease and the conditions herein shall bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 3. 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) 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. 4. 52,203-3 GRATUITIES -DEVIATION (NOV 1988) a. This lease may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the contractor, its agent, or another representative- 1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and 2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. b. The facts supporting this determination may be reviewed by any court having lawful jurisdiction. c. If this contract is terminated under paragraph (a) above, the Government is entitled- 1) To pursue the same remedies as in a breach of the contract; and 2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. ('This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) d. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Page 1 of 4 5. 52.203-5 COVENANT AGAINST CONTINGENT FEES -DEVIATION (FEB 1990) a. The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the. full amount of the contingent fee. b. "Bona fide agency,' as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Goverment contract or contracts through improper influence. c. 'Bona fide employee,' as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. d. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. e. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 6. LESSOR CERTIFICATION REGARDING HAZARDOUS SUBSTANCES AND/OR WASTE WEB 1989) The Lessor represents and certifies that to the best of his or her knowledge— a. That the leased property is not and was not a site used for any of the following operations: and/or waste, 1) generation of hazardous substances and/or waste, 2) treatment, or temporary or permanent storage, or disposal of solid or hazardous substances 3) storage of hazardous substances and/or waste, or petroleum products, 4) used/waste oil storage or reclamation units, 5) laboratory or rifle range, 6) chemical manufacturing or storage, 7) military or intelligence weapons or ammunition training or testing, 8) ordnance and/or weapons production, storage, or handling, or Page 2 of 4 b. That if any of the above operations ever occurred at the site, that appropriate cleanup or other action was performed in accordance with the local, state and Federal laws and that documentation of such cleanup will be provided. The Lessor acknowledges that this certification regarding hazardous substances and/or waste is a material representation of fact upon which the Government relies when executing this lease. If it is later determined that the presence of hazardous substances and/or waste, or inappropriate handling thereof, has been misrepresented, the Government reserves the right to require the Lessor, at no cost to the Government, to take the necessary action to mitigate the hazardous waste condition, in accordance with local, state and Federal laws, or alternatively the government may terminate the lease. This is in addition to other remedies available to the Government. 7. RENEWAL OPTIONS (FEB 1989 This lease may be renewed at the option of the Government, for the first 10 years, from year to year upon the terms and conditions herein specified. After that time, either party may cancel this lease with 180 days notice. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year, unless the Government gives the Lessor written notice thirty (30) days prior to the expiration of this lease or any renewal thereof, that it will not exercise its option. Provided, however, that no renewal shall extend this lease for a period more than thirty (30) years from the effective date of this lease. All other terms and conditions of this lease shall remain the same during any renewal term. 8. AIRPORT AND AIRWAY IMPROVEMENT ACT (OCT 1988) This land is being furnished pursuant to the Airport and Airway Improvement Act (AAIA), 49 U.S.C. app. Sec. 2201 et sea. (1982), which provided that airport owners or operators will furnish without cost to the Federal Government for use in connection with weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings necessary or desirable for construction at Federal expense of space or facilities for such purposes. 9. LEASEHOLD IMPROVEMENTS (NOV 1988) The Government is acquiring the leased premises for the purpose of constructing and operating a facility for use in connection with weather -reporting activities. The Government shall have the right during the existence of this lease or any renewals thereof to construct, maintain, alter, and replace any structures, fixtures, additions, improvements, and signs in, on, upon, or attached to the leased premises which are necessary for the full benefit thereof, and all such structures, fixtures, additions, improvements, and signs 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 nine (9) months thereafter, by or on behalf of the Government, or by purchasers of such structures, fixtures, additions, improvements, and signs. Alternatively, the Government shall have the option of disposing of any structures it has erected on the property as provided herein, or any additions thereto, in the manner described at paragraph 8 of these General Clauses. 10. RIGHTS -OF -WAY (OCT 1988) The Government shall have rights -of -way for ingress to and egress from the premises; rights -of -way, including the right to connect to existing utilities for establishing and maintaining power and telecommunications to the premises; and rights -of -way for subsurface power, sewer, water and fuel lines, and access roads to the premises; all rights -of -way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. Page 3 of 4 11. SITE PREPARATION (OCT 1988) In preparation for construction of facilities, the Government shall have 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 construction. 12. RELOCAT.ION OF GOVERNMENT'S FACILITIES BY LESSOR (FEB 1989) If at any time during the period of this lease or any renewal thereof, the Lessor desire:; to change the location of sites furnished the Government pursuant to this agreement, or the Lessor changes or modifies its facilities (runways or other areas), or permits others to change or modify such facilities in such a manner so as to adversely affect or render useless the Government's equipment, facilities and/or their related power, control or signal lines, any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the Government, shall be at the expense of the Lessor. 13. RESTORATION (FEB 1989) At the expiration of this lease, or any extended term thereof, or upon termination thereof by the Government at any time prior thereto, or within nine (9) months after such expiration or termination, the Government shall have the right to remove all structures erected on the property in accordance with paragraph 4 above; provided, however, that the Government and the Lessor may mutually agree upon additional time for such removal. Within ninety (90) days after removing permanent improvements, or within such additional time as may be mutually agreed upon, the Government shall restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease by grading, conditioning and seeding the soil in order to prevent deterioration of the land. Changes to the premises in accordance with paragraphs 5 and 6 above, and damage by natural elements and by circumstances over which the Government has no control.are excepted. Alternatively, the Government and the lessor may agree that title to all the improvements on said premises shall become the property of the lessor, in full satisfaction of any obligation to restore the property recited elsewhere in this lease. 14. FEDERAL TORT CLAIMS ACT (OCT 1988) To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Section 2671 et sen., the Government assumes full control and sole responsibility for its equipment, personnel and activities incident to this lease. Page 4 of 4 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 2, 8LOCK U-J, HAVINU GRID COORDINATES.OF X e 963,963.8460, Y - 7.299.233.6605 OF THE NORTH CENTRAL ZONE OF THE TEXAS STATE PLANE COORDINATE SYSTEM; THENCE N 69'46'16" W. 3931.50 FEET TO A 5/8" REBAR WITH A 1 1/2" ALUMINUM CAP. (THIS AND SUBSEQUENT BEARINGS REFER TO THE AUUVE REFERENCED STATE PLANE COORDINATE SYSTEM) SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE N 88'29'50" W, 140.00 FEET TRUE NORTH TO A 5/8" REBAR WITH 1 1/2" ALUMINUM CAP; THENCE N 01130'10" E. 100.00 FEET TO A 5/8" REBAR WITH 1 1/2" ALUMINUM CAP; THENCE Scale 1" = 30' ^y S 88'29'50" E. 140.00 FEET TO A 5/8" REBAR WITH 1 1/2" ALUMINUM -"' CAP; THENCE S 01030' 10" W, 100.00 FEET TO THE TRUE POINT OF -30 -15 0 30 s0 to BEGINNING, CONTAINING 13,982.760 SQUARE FEET OR 0.321 ACRES. WALNUT STREET IS ON LUBBOCK INTERNATIONAL AIRPORT I I PROPERTY AND IS NOT A DEDICATED PUBLIC STREET. THERE ARE NO SETBACK DESIGNATIONS. I n N = 7, 300, 696.6890 N = 7, 300, 693.0175 E = 960,137.5136 E = 960.277.4655 518" REBAR W/CAP 518" REBAR W CAP 33g5'f B NT j 'Sot9143" ER TREATMENT F� S 88°29'50" E 140.00' - 880�K WATER WE p 3" ALUMINUM MONUMENT IN CONCRETE cc Y F WATER TO p STATE PLANE COORDINATES 3 00, N - 7.300.688.1405 O E - 960.272.3469 ELEV. 3256.44 LEGEND: 90.00' - < - --- _ I Q - 5/8" REBAR SL e 5/8" REBAR SET O W/ ALUM. CAP "NWS-1992" O 0 "RPL.S 232" PERMANENT MONUMENT ' SET 518" REBAR p W t 3'•X 30"ALUM. PIPE W/ CAP" L d to i 0 e POWER_ POLE B' 90.00, N 880291501, W 140.00' CEN. S.S. MH. TRUE PT. OF BEGINNING to N = 7,300,596.7234 N = 7,300,593.0519 9 �76•• M E= 960,134.8911 E= 960,274.8429 -x, 518" REBAR W/ CAP 518" REBAR W/ CAP ___'O POINT OF BEGINNING yr ,: S.E. COR. SEC. 2, BLK. D-3 N - 7,299,233.6605 1 C N. .S. M. E s 963,963.8460 ,lPt' or ti y..°s EXHIBIT A" " suav THIS CERTIFICATE OF SURVEY IS CERTIFIED ONLY TO THE UNITED STATES NOTE: DEPARTMENT OF COMMERCE AND SAID CERTIFICATE SHALL NOT TRANSFER TO PERMANENT MONUMENT COORDINATE VALUES AND ANY NEW OWNER OR OWNERS OF THE SUBJECT PROPERTY. THIS IS TO CERTIFY BEARING SHOWN ARE BASED UPON THE TEXAS THAT THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR HAS STATE PLANE COORDINATE SYSTEM, NORTH COMPLETED A TRUE AND ACCURATE SURVEY OF THE ABOVE DESCRIBED PREMISES CENTRAL ZONE (NAD 83) OTHER COORDINATE AND THAT ALL MEASUREMENTS SHOWN, ANGULAR AND LINEAR, WERE MEASURED VALUES ARE SITE COORDINATES (DO NOT HAVE ON THE GROUND AND MONUMENTS WERE SET AS SHOWN. THIS CERTIFICATE OF GRID FACTOR ADJUSTMENT). ALL DISTANCES SURVEY HAS BEEN PREPARED FROM INFORMATION COMPILED IN THE FIELD AND SHOWN ARE GROUND DISTANCES. ELEVATION OFFICE IN COMPLIANCE WITH THE CURRENT TEXAS MINIMUM STANDARDS FOR DATUM IS REFERENCED MEAN SEA LEVEL. PROPERTY SURVEYS. DATE: JAN. 22, 1992 CHKD. BY: C. SAWYER REVISED: WILSON SURVEYING Co., INC. SITE: LUBBOCK INTERNATIONAL AIRPORT Reglsfered Professional Land Surveyors Global Positioning Sysfern Surveyors SURVEY FOR: UNTIED STATES KF.B.31 E: "DOP" DISC 1010 3330 70th STREET, SUITE 201 • LUBBOCK, TEXAS 7 4413 DEPARTUENT OF COMMERCE 0PAGE 66-73 (806) 792-4731 • FAX (806) 792-1646 PROJECT WE: LUBBOCK, TETOIS 8179 CUN. FILE FW E: DOP-DWG Resolution No. 4079 February 11, 1993 Item #29 p FEB 2 6 1993 1 RESOLUTION iBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and ;directed to execute for and on behalf of the City of Lubbock a U. S. Govern - I ment Lease for Real Property with the United States of America for a National ,Weather Service Next Generation Weather Radar (NEXRAD) site, attached here- with, which shall be spread upon the minutes of the Council and as spread upon 1'the minutes of this Council shall constitute and be a part of this Resolution !as if fully copied herein in detail. Passed by the City Council this ATTEST: Sa-Tly Stt e, Acting Lity Secretary APPROVED AS TO CONTENT: ern Cate, Director of Aviation APPROVED AS TO FORM: i Anthony iams, Assistant City Attorney AJw:ja/NEXRAD.BFs DI-Agenda/February 3, 1993 MAP IN FILE SEE RESOLUTION U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE: March 4, 1993 11 LEASE NO: 063LBF0071 THIS LEASE, made and entered into this date by and between THE CITY OF LUBBOCK whose address is: Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 J a and whose interest in the property hereinafter described is that of Owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for considerations hereinafter mentioned, covenant and agree as follows; 1. The Lessor hereby leases to the Government the following described premises: Approximately .321 acres of land as described on attached survey, Exhibit A. to be used for: *aiioaaf-Weather-Service Next Generation Weather Radar (NEXRAD) site. 2. TO \HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on January 1. 1993 through _ December 31, 1993 , subject to termination and renewal rights as may be hereinafter set forth. 3. This lease may be renewed annually, for the first ten (10) years of the thirty (30) year term at the option of the Government. Thereafter, either party may terminate this lease with 180 days notice. 4. The Lessor shall furnish to the Government, as part of the rental consideration, the following: - Ingress and egress to and from the site at all times. - Maintenance and upkeep of the grounds adjacent to the leased area. S. The following are attached and made a part hereof - The General Clauses, dated 1/92, pages 1-4. Exhibit A Survey drawing. page 1 of 2 IN WUTRESS`WHEREOF_ the parties hereto have hereunto subscribed their names as of the date first above written. 4 Title Mayor IN PRESENCE OF: Signature Title Acting City Secretary Sally StM Abbe UNITED STATE AMERICA Signature --�-� / Real Property Contracting Officer Carol Ciufolo IAP , oved as to Content: Bern E. Case, A.A.E. Director of Aviation APP" '0d to F . Assist'a 'City Attorney page 2 of 2 i Revised 1/92 GENERAL CLAUSES (AAIA Lease Agreements) Lease No. 063LBF0071 L 552.270-10 DEFINITIONS (TUNE 1985) a. The terms 'contract' and "Contractor' shall mean 'lease" and "Lessor,' respectively. b. If the lease is a sub -lease, the term "Lessor" means the sub -lessor. c. The term "Lessor shall provide" means the Lessor shall furnish and install. 2. 552,270-18 LESSOR'S SUCCESSORS (TUNE 1985) The terms and provisions of this lease and the conditions herein shall bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 3. 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) 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. 4. 52.203-3 GRATUITIES -DEVIATION (NOV 1988) a. This lease may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the contractor, its agent, or another representative- 1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and 2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. b. The facts supporting this determination may be reviewed by any court having lawful jurisdiction. c. If this contract is terminated under paragraph (a) above, the Government is entitled-- 1) To pursue the same remedies as in a breach of the contract; and 2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) d. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Page 1 of 4 5. 52,203-5 COVENANT AGAINST CONTINGENT FEES -DEVIATION (FEB 1990) a. The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. b. 'Bona fide agency,' as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. c. "Bona fide employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor"s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. d. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. e. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 6 LESSOR CERTIFICATION REGARDING HAZARDOUS SUBSTANCES AND/OR WASTE (FEB 1989) The Lessor represents and certifies that to the best of his or her knowledge -- a. That the leased property is not and was not a site used for any of the following operations: and/or waste, 1) generation of hazardous substances and/or waste, 2) treatment, or temporary or permanent storage, or disposal of solid or hazardous substances 3) storage of hazardous substances and/or waste, or petroleum products, 4) used/waste oil storage or reclamation units, 5) laboratory or rifle range, 6) chemical manufacturing or storage, 7) military or intelligence weapons or ammunition training or testing, 8) ordnance and/or weapons production, storage, or handling, or Page 2 of 4 b. That if any of the above operations ever occurred at the site, that appropriate cleanup or other action was performed in accordance with the local, state and Federal laws and that documentation of such cleanup will be provided. The Lessor acknowledges that this certification regarding hazardous substances and/or waste is a material representation of fact upon which the Government relies when executing this lease. If it is later determined that the presence of hazardous substances and/or waste, or inappropriate handling thereof, has been misrepresented, the Government reserves the right to require the Lessor, at no cost to the Government, to take the necessary action to mitigate the hazardous waste condition, in accordance with local, state and Federal laws, or alternatively the government may terminate the lease. This is in addition to other remedies available to the Government. 7. RENEWAL OPTIONS (FEB 1989 This lease may be renewed at the option of the Government, for the first 10 years, from year to year upon the terms and conditions herein specified. After that time, either party may cancel this lease with 180 days notice. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year, unless the Government gives the Lessor written notice thirty (30) days prior to the expiration of this lease or any renewal thereof, that it will not exercise its option. Provided, however, that no renewal shall extend this lease for a period more than thirty (30) years from the effective date of this lease. All other terms and conditions of this lease shall remain the same during any renewal term. 8. AIRPORT AND AIRWAY IMPROVEMENT ACT (OCT 1988) This land is being furnished pursuant to the Airport and Airway Improvement Act (AAIA), 49 U.S.C. app. Sec. 2201 et seg. (1982), which provided that airport owners or operators will furnish without cost to the Federal Government for use in connection with weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings necessary or desirable for construction at Federal expense of space or facilities for such purposes. 9. LEASEHOLD IMPROVEMENTS (NOV 1988) The Government is acquiring the leased premises for the purpose of constructing and operating a facility for use in connection with weather -reporting activities. The Government shall have the right during the existence of this lease or any renewals thereof to construct, maintain, alter, and replace any structures, fixtures, additions, improvements, and signs in, on, upon, or attached to the leased premises which are necessary for the full benefit thereof, and all such structures, fixtures, additions, improvements, and signs 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 nine (9) months thereafter, by or on behalf of the Government, or by purchasers of such structures, fixtures, additions, improvements, and signs. Alternatively, the Government shall have the option of disposing of any structures it has erected on the property as provided herein, or any additions thereto, in the manner described at paragraph 8 of these General Clauses. 10. RIGHTS -OF -WAY (OCT 1988) The Government shall have rights -of --way for ingress to and egress from the premises; rights -of --way, including the right to connect to existing utilities for establishing and maintaining power and telecommunications to the premises; and rights -of --way for subsurface power, sewer, water and fuel lines, and access roads to the premises; all rights -of --way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. Page 3 of 4 11. SITE PREPARATION (OCT 1988) In preparation for construction of facilities, the Government shall have 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 construction. 12. RELOCATION OF GOVERNMENT'S FACEM ES BY LESSOR (FEB 1989) If at any time during the period of this lease or any renewal thereof, the Lessor desires to change the location of sites furnished the Government pursuant to this agreement, or the Lessor changes or modifies its facilities (runways or other areas), or permits others to change or modify such facilities in such a manner so as to adversely affect or render useless the Government's equipment, facilities and/or their related power, control or signal lines, any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the Government, shall be at the expense of the Lessor. 13. RESTORATION (FEB 1989) At the expiration of this lease, or any extended term thereof, or upon termination thereof by the Government at any time prior thereto, or within nine (9) months after such expiration or termination, the Government shall have the right to remove all structures erected on the property in accordance with paragraph 4 above; provided, however, that the Government and the Lessor may mutually agree upon additional time for such removal. Within ninety (90) days after removing permanent improvements, or within such additional time as may be mutually agreed upon, the Government shall restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease by grading, conditioning and seeding the soil in order to prevent deterioration of the land. Changes to the premises in accordance with paragraphs 5 and 6 above, and damage by natural elements and by circumstances over which the Government has no control are excepted. Alternatively, the Government and the lessor may agree that title to all the improvements on said premises shall become the property of the lessor, in full satisfaction of any obligation to restore the property recited elsewhere in this lease. 14. FEDERAL TORT CLAIMS ACT (OCT 1988) To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Section 2671 et sea., the Government assumes full control and sole responsibility for its equipment, personnel and activities incident to this lease. Page 4 of 4