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HomeMy WebLinkAboutResolution - 2007-R0131 - Memo Of Agreement - TXDOT, FAA - LPSIA Land Sites And Easements - 04_12_2007Resolution No. 2007-RO131 April 12, 2007 Item No. 5.12 RESOLUTION BE 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 Memorandum of Agreement (MOA DTFASW-07-L-00111) with the Department of Transportation, Federal Aviation Administration (FAA), to cover required land sites and easements for existing navigational aid facilities operated by the FAA at the Lubbock International Airport, and all related documents. Said Memorandum of Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of April , 2007. DAVID A/MILLER, MAYOR ATTEST, _ aJ Re ecca Garza, City Secretary AS TO Loomis, Director of Aviation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section LC: 1JA7TY/Linda/RE5-FAA MOA January 16, 2007 Resolution No. 2007-R0131 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT Agreement Number DTFASW-07-L-00111 This agreement is made and entered into by the CITY OF LUBBOCK whose address is P. O. BOX 2000, LUBBOCK, TEXAS, hereinafter referred to as the Sponsor, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; and WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of Lubbock Preston Smith International Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS: Jun-04 It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication, and weather aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed that the Sponsor will allow the FAA to construct, operate, and maintain FAA owned navigation, communication, and weather aid facilities in areas on the Airport that have been mutually determined and agreed upon for the term commencing on October 1, 2007 and continuing through September 30, 2027. The FAA can terminate this agreement, in whole or part at any time by giving at least sixty (60) day's notice in writing. Said notice shall be sent by certified or registered mail. Page 1 of 6 MOA DTFASW-07-L-00111 Lubbock Preston Smith International Airport Lubbock, Texas (a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications lines to the premises; including a right-of-way for subsurface power, communication and/or water lines to the premises; all right-of-ways to be over the area referred to as Lubbock Preston Smith International Airport, to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Sponsor shall have the right to review and comment on plans covering access and utility rights -of -way under this paragraph. (b) And the right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. (c) And the rights to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION: (Aug- 02) The FAA shall pay the Sponsor no monetary consideration, it is mutually agreed that the rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE: (Apr-45) It is understood and agreed that the use of the herein described premises, known as, Lubbock Preston Smith International Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES: (Apr-05) The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that is made part of this agreement by reference and shown on the attached FAA "List of Facilities". Page 2 of 6 MOA DTFASW-07-L-00111 Lubbock Preston Smith International Airport Lubbock, Texas 5. TITLE TO IMPROVEMENTS: Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 6. HAZARDOUS SUBSTANCE CONTAMINATION: (Apr-05) (day-00) The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The Sponsor agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Sponsor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." 7. INTERFERENCE WITH FAA OPERATIONS: (©ct_96) The Sponsor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of the Sponsor or the FAA. 9. FUNDING RESPONSIBILITY FOR FAA FACILITIES: (Oct-96) The Sponsor agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Sponsor, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Sponsor or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON -RESTORATION: (act-96) It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or located upon said property by the FAA during its tenure. Such abandoned equipment shall become the property of the Sponsor_ Page 3 of 6 10. OFFICIALS NOT TO BENEFIT: MOA DTFASW-07-L-00111 Lubbock Preston Smith International Airport Lubbock, Texas (Oct-96) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 11. COVENANT AGAINST CONTINGENT FEES: (Aug-02) The Sponsor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 12. ANTI -KICKBACK: (Oct-96) The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 13. NOTICES: (opt-96) All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Sponsor: Mr. James Loomis 5401 N. Martin Luther King Blvd. Unit 389 Lubbock, TX 79403 Government: Department of Transportation Federal Aviation Administration Real Estate & Utilities Branch, ASW-54A Fort Worth, TX 76193 14. PREVIOUS LEASEM: 13 Upon commencement, this agreement succeeds Lease No. DTFA07- W-L-01011 and DTFA07-88-L-01016 and supercedes Lease No. DTFA07-00-L-00785. Page 4of6 15. SIGNATURES: MOA DTFASW-07-L-00111 Lubbock 'Preston Smith International Airport Lubbock, Texas (Apr-04) The Sponsor and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative(s). This agreement is effective upon the date of signature by the last party thereof. CITY OF LUBBOCK, TEXAS UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION ZY �-- By. Patsy J. MdComis Title: David A. Miller, Mayor Title: Contracting Officer Date: April 12, 2007 Date: ATTEST: Re ecca Garza, City Secretary A OVED AS TO CO�TENT: Jam s W. Lomis, Transportation and Public Works istant City Manager APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Page 5 of 6 ion No. 2007—RO131 MOA DTFASW-07-L-00111 Lubbock Preston Smith International Airport Lubbock, Texas List of Facilities Effective: October 1, 2007 MEMORANDUM OF AGREEMENT DTFASW-07-L-00111 Lubbock Preston Smith International Airport Number Facility Runway GSA Control Number Comments 1 REIL 08 (LBB) 48344 Facility site 2 VASI 08 48673 Facility site 3 MALSR 17R 48333 Facility site, equipment shelter, restricted critical area, access road 4 LOC/DME 17R 48336 Antenna site, equipment shelter site, restricted critical area, access road 5 GS 17R 48334 Facility equipment shelter site, restricted critical area 6 MM 17R 48672 Facility site 7 RVR 17R 48345 Facility site, Touchdown 8 VASI 35L 48343 Facility site 9 ODALS 35L 1 94650 Facility site 10 LOC 35L 48864 Antenna site, equipment shelter site, restricted critical area, access road 11 RTR 48331 LBB-A Facility site 12 RTR 48335 LBB-B Facility site 13 RTR 48342 LBB-C Facility site 14 MALSR 26 LDT 48862 Facility site, equipment shelter, restricted critical area, access road is LOC 26 48864 Antenna site, equipment shelter site, restricted critical area, access road 16 GS 26 48865 Facility equipment shelter site, restricted critical area 17 MM 26 94649 Facility site 18 RVR 26 94648 Facility site, Touchdown 19 VASI 26 48671 Facility site 20 ASR-9 48344 Facility Site 21 ASOS 94042 Sensor group site and ACU in ATCT 22 WME 94678 Located in Center Field (to replace LLWAS) Facility site Page 6 of 6