Loading...
HomeMy WebLinkAboutResolution - 2000-R0145 - Authorized Lease - USA - LLWSAS - 05/25/2000Resolution No. 2000-RO145 May 25, 2000 Item No. 27 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, by and between the City of Lubbock and the United States of America, a lease for the Low Level Wind Shear Alert System (LLWAS), and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 25th day of May 2000. ATTEST: &auk-,- Kaythfe Parnell City S etary APPROVED AS TO CONTENT: M le viation Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Ccdocs/dh/unitedstates/res. May 4, 2000 U.S. Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 Resolution No. 2000-80145 May 25, 2000 Item No. 27 Lease No. DTFA07-01-L-00500 Low Level Windshear��,3, System (LLWAS) Site Nos. 1, and 4 Lubbock International Airport Lubbock, Texas LEASE Between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this 25th day of May , in the year two thousand, by and between the CITY OF LUBBOCK, TEXAS, whose address is: Route 3, Box 389, Lubbock, Texas 79401 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: 1. PREMISES: For the term beginning October 1, 2000, and ending September 30, 2001, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: LOW LEVEL WIND SHEAR ALERT SYSTEM (LLWAS) SITE NO.1 A 20 -foot by 20 -foot plot of land together with a cabling right-of-way approximately 10 -foot by 50 -foot as more particularly shown on Drawing SW -D -10275-1A, revised May 16, 1985, identified as Exhibit "A" and Drawing SW -D-10275-2, revised January 10, 1986, identified as Exhibit `B," attached hereto and made a part hereof. LOW LEVEL WIND SHEAR ALERT SYSTEM (LLWAS) SITE NO.2 A 20 -foot by 20 -foot plot of land located within the Runway 17R middle marker leased site together with a cabling right-of-way approximately 10 -foot by 55 -foot as more particularly shown on Drawing SW -D -10275-1A, revised May 16, 1985, identified as Exhibit "A" and Drawing SW -D-10275-2, revised January 10, 1986, identified as Exhibit `B," attached hereto and made a part hereof. Lease No. DTFA07-01-L-00500 LLWAS Site Nos. 1, 2, 3, and 4 Lubbock International Airport Lubbock, Texas LOW LEVEL WIND SHEAR ALERT SYSTEM (LLWAS) SITE NO.3 A 10 -foot by 10 -foot plot of land located within the Runway 26 middle marker leased site together with a cabling right-of-way approximately 10 -foot by 38 -foot as more particularly shown on Drawing SW -D -10275-1A, revised May 16, 1985, identified as Exhibit."A" and Drawing SW -D-10275-3, revised January 13, 1986, identified as Exhibit "C," attached hereto and made a part hereof. LOW LEVEL WIND SHEAR ALERT SYSTEM (LLWAS) SITE NO.4 A 20 -foot by 20 -foot plot of land, a 20 -foot by 10 -foot turnaround area together with a 10 -foot by 130 -foot access road. LLWAS Site location is more particularly shown on Drawing SW -D- 10275 -1A, revised May 16, 1985, identified as Exhibit "A" and Drawing SW -D-10275-3, revised January 13, 1986, identified as Exhibit "C," 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 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, with the Lessor's prior written approval, which will not be unreasonably withheld. (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, with the Lessor's prior written approval, which will not be unreasonably withheld, 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 Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government 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 2010. 2 Lease No. DTFA07-01-L-00500 LLWAS Site Nos. 1, 2, 3, and 4 Lubbock International Airport Lubbock, Texas 3. CANCELLATION: The Government may terminate this lease at any time by giving at least 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 are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of the facilities 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 Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 6. 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 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. 7. 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. 3 Lease No. DTFA07-01-L-00500 LLWAS Site Nos. 1, 2, 3, and 4 Lubbock International Airport Lubbock, Texas 8. 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. 9. OUIET 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 parry claims. 10. 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. 11. 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. 12. 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 A only to final agency decisions. The decision of the FAshall 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. 4 . . 1 Lease No. DTFA07-01-L-00500 LLWAS Site Nos. 1, 2, 3, and 4 Lubbock International Airport Lubbock, Texas 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. 13. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and its successors and assigns. 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 Lubbock Route 3, Box 389 Lubbock, Texas 79401 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW -54 Fort Worth, TX 76193-0054 61 Lease No. DTFA07-01-L-00500 LLWAS Site Nos. 1, 2, 3, and 4 Lubbock International Airport Lubbock, Texas IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF LUBBOCK, TEXAS ATTEST/SEAL: Kayth Darnell, City qcretary APPROVED AS TO CONTENT: Iv1a r l e erector of Aviation THE UNITED STATES OF AMERICA By:, .. u t' u) , Sharon E. Wynn Title: Contracting Officer APPROVED AS TO FORM: Bill deHaas Contracts Attorney IN Lease No. DTFA07-0 I -L-00500 LLWAS Site Nos. 1, 2, 3, and 4 Lubbock International Airport Lubbock, Texas CORPORATE CERTIFICATE I, Kaythie Darnell , certify that I am the Lubbock City Secretary of the Corporation named in the foregoing agreement, that windy Sitton who signed said agreement on behalf of said corporation, was then Mayor 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 25th day of May , 2000. CORPORATE SEAL Signed by 7 Le Darnell Secretary ZSOO " Y F4 .8I 296 GAe T°rminw/ LLWSAS aWc owsr e, � t —. 20R 2D,P/o) e Fcv Ewa LLWSAS TOWER Zd TALI Z/C#/O, D.E. SITE #6 -y I a s � •8 E ? _ F.M. 1294 ' a 10, ACCESS F LLWSAS SITE 6 ' EXISTING MIDDLE ISTIN MARKER Steel Tower 45'Above Grade Lati/ode: 33'4/'/3" z/C# Longitude: /0/'502° 6r¢de E/evafiD :325's (See Dwg.SW-D-/0275-4) LLWSAS SITE 2 /20 Steel Tower 35'Above Grade 5°` Lnfitude: 33'4/'24" s Tower 1ongitude:/01'49'43"r� �wY1" JOwLr � Gino'e- E/evatia :3275 (See Dwg. SW-D-10275-2) DETAIL "A" N.T25 I .ml -_Iy- ALL' I - - mzTs-a ti I I n I w LLWSAS SITE 5 - Steel Towe, 45' Abave Grade 4alitude : 33' 39' 39" Longitude'/O/°S/08" ' � = Gt doe Elevation: 3230 (See Owy SW-D-/0275- 4) 33.4w' --- _ _— -- - SITE #2� • O' w eT2 iYBTf YB - - 40' 20' SCALE IN FEET ts;i Referexe ozNw'g "1 " SW-D902Z-3 I� V17e TP .r Je R/. Z6G/ ]SAD' . I I I I SITE # S1 1 erere RDeo zeal N.FS — 33.39 1 I I IPPe' TO QUINT AVE. U.S. , HWY. I .zoRE'. rACCESS LMES SITE LAYOUT PLAN F.Y. Deal REeI> ST aoo loW' :oPo• G - SITE } SCALE IN FEET N.T.S. SEE DRWO. SW-D- LLWSAS SITE I Steel Tower 20 Abeme Grade Latifud,,: 33-39'S/' € 3-1 Grcode it e4 foes 3250 , (BeeDetai/ A"77vs Drawing) It\ +...,..,I:...o...l'...�.•'S LLWSAS A -I -CT SITE a Ra lATCT 1'g 9, nen/- Roam Lwtifit vde� 333SB" ' Lony/fade:/0/'48'/0' Antenna on ATCT — LLWSAS SITE 3 E/evotion 3384' Stec/ Tower 35'Abave Grade /' mrm4a' Lafttude: 33'39'44' Lor/gih/de � /0/' 47' 3C' h ®,,.•""" firoae:_:E/evabkI7: 3943' (See Owg. SW -D-f0275-3) blRr Doe LLWSAS SITE 4 9 STEEL TOWER 45' ABOVE GRADE LATITUDE: 33- LONGITUDE IDY ON: 32 GRADE . SIN-0 10276-6o' - 1 (SEE OWO. BW-O-102)e-3) I I p a EXISTING MIDDLE MARKER m Anhma T `� Egv/pnNnr am, m vfi lw ' 6rave/ Surf ed Atcers L a ad a Pc.,y Arm 2fC0/0, Dec. .h � LLWSAS 75. Zo'Ti// SITE # 3 30' 20' 1I. a SCALE IN FEET REFERENCE MG. NO. Sw-0-9e98-4 a DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST FEDEwarcx TEXAS ILOW LEVELWIND SHEAR ALERT SYSTEM (LLWSAS) I SITE LAYOUT PLAN '-992 MAXADEX OF4INAHLN ASW-440 SYUE0 SY OAY SEPTEM BER 2B 1984 AY FACILITIES �. HR. DIVISION SW-D-10275-IA Resolution No. 2000—RO145 EXHIBIT "A" GRAVEL SURFACED ACCESS ROAD B PUKING AREA IN OW6. -ANTENNA TOWER NUDLE MARKER �EQUIPMENT SLOG 1 2/C * 10 a 1112 OND. IN I'CON1 EQUIPMENT SUPPORT SEE DWG SW-0-102T! 20 FT JEM TOWER LLWIH EQUIPMENT( DETAIL"C-j— — A/C 4AMI-IRS-214 I 1/4, CONDUR PLOT LAYOUT - SITE # 3 x' o s• la 9C11L M FEFT ANDLLWAS SEE DETAIL ' C� ) 2OY2O'PL0T WITH 6 FT WIN LINK FORCE —'Y 21Ci8'SCOV INI y'Op CUT o B I ASS "RE CU. GM) 6" 6"DEEP MusHED ARGOT CONDUIT ROCK SURFACE ( (SEE NOTE 2) 4' WALKWAY GATE PARKING AREA ' IOFTWIDEGRAVEL ACCE ROADTOF.M.R026 (SEE GIVE SW IF OVERHEAD SERVICE CROP120/240V/290V 6EfMCE FUTURE UTILITY POLE PLOT LAYOUT -SITE #4 5 9 5 SC4LE IN FEET p aW FOND 01. UWNT M REa DETAIL"CI N.T.S. ( FOR DETAILS SEE DINGS . SW-D-10275-5 THRU -8 ) -13-66 AS HILT (PER. S.M. DATED F oaacnlPnox SNO ASK. 70 3 NI LLWAS SITE 4 VICINITY MAP I ALL CABLE TRENCH A MINIMUM OF 24" DEEP. IF ON AIRPORT PROPERTY. 38'DEEP IF OUTSIDE OF AIRPORT _ aav Ec p,+ ,s A. DEEP LAYER OF V.. cNu. A. OEVEIOPED I a i . , .. f..... DO OBSTRUCTOR LIGHT ON RAIN TOWER. A ONLY ARE CONWIT ONTKE TOWER _...C..1T APEN(Cn' BOY IS SRWRE •a WOOS-IYIB 6- ACCESS ROAD INSTALLED AS PER. DWG SW-0-S492 I. FOR PAVER CONNECTION IT UTILITY COMPANY, AND ACCESS TO FAA EQUIPMENT COORDINATED WITH RESIDENT ENGINEER. & CONTACTED NATIONAL WEATHER SERVICE (LUBBOCK) PRIOR TO MIT WORK ON SITE > I. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FOgT WpgTN TE%AS LOW LEVEL WIND SHEAR ALERT SYSTEM (LLWAS) PLOT LAYOUT SITE NOS 384 APY VEO OF SECTION ASW-44 MANAGER OF BRAND ASW-4 LDR6 IB.... BY DATE 5-6-85 AIRWAY FACILITIES C./ DIVISION ae.U.F SWW D-102T5-3 COUNTERPOISE Y/C iqB � 1i 12 GN¢ IN �'CONUR T m .20'PUOT 1 I I 6°DEEP CFUSXED ROCK SURFACE (SEE NOTE 21 :C WIDE GRAVEL ACCESS RG - G"DEEP CRUSHED ROCK SUREACWG ^� (SEE NOTE 21 PLOT LAYOUT - SITE #I m m' SEML IN FEET PIWNECTOR MN 1/0 SHELTER 6'E6'EORPMEW BLM. -TELCO BOX \ PARKING AREA _NT SUPPORT STAND (SEE D (SEE WG. SW-D-10275-8) 20' JEM TOWENANO LLWAE I— ED UIPMCT AB PER CETAIL S � Mo., S,13-10275-3. PLOT LAYOUT -SITE 0 2 W .S LLE® S< EEi i PLOT ROHN TOWER AND LLWAS ECRUP ENT A. MR XTAIL"S': I I II'� C q 1X 3/9MNDIUIT OXD i I 120V POWER SOURCE POWER OBTAINED FROM NWS TONER XWS TOWER g NI wM ACCESS RD. NIBBLE BANNER SITE CONTIIOL CABLE ROD THOMPSON 032 OU GROUND WIRE PULL BOX — TOWER BRAD — SEE DWG. SW-D-1 IB NMI Uxus6o G x?UF S. ANDCAP our 2 -o cAPPFD OFF-w FUTURE USE — OBSTRUCTION LIGHT AT SITE W 1, ONLY TRANSMIT ANTENNA IG POWER DETAIL 'B NTS. (FOR DETAILS SEE OWG SW-0-10200-I.-2,-0,-AB-51 +`LLWAS .II STE 2 _J SITE I VICINITY MAP NOTES L ALL CABLE TRENCH ARE A MINIMUM OF 28* DEEP IF ON AIRPORT PROPERTY. 36-CEEP IF OUTSIDE OF AIRPORT, 2 ALL GRAVEL AREAS fi DEEP LAYER OF 3H' CRUSHED NCK. 3 CdiCRETE DEVELOPED A STRENGTH OF 3000 PSI AT 20 DATA A IF AN OBSTRUCTION LIGHT IS INSTALLED ON ROHN TONER, TWO STEEL CONDUITS REQUIRED. ONE WILL CARRY THE ANEMOMETER SIGNAL CABLE AND ANTENNA COAXIAL CABLE. THE OTHER WILL CARRY THE A.0 POWER CABLE FOR THE OBSTRUCTION LIGHT. ONLY ONE CONDUIT REWIRED IF THE TOWER IS HOT OBSTRUCTION LIGHTED. } CIRCUIT BREMER NOW IS SQUARE b' WE000-12 RS. S. METAL TOWERS MBE ROHN 55. - T. FOR POWER CONNECTION By UTILITY COMPANY, AND ACCESS TO FAA EQUIPMENT COORDINATED WITH RESIDENT ENGINEER. B OBSTRUCTON LIGHT AT SITE 01 ONLY 9. VERTICAL LADDER AND SAFETY RML HOT REQUIRED AT SITE YF I. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH, TEXAS LOW LEVEL WIND SHEAR ALERT SYSTEM 1 LLWAS PLOT LAYOUT SITE NOS. 1 B 2 LUBBOCK [INTERNATIONAL AIRPORT) TEXAS BUEMITT �.. fJ ,wT MOL—I SUPERVISOR OF SECTION, ASW­812 I MANAGE OF BRAN ASW-A9O ` e+LUIS FILREB IE8UEU &r eTE 5-T -55 f AIRWAY FACILITIES mmm T, Afi, LMMm. DIVISION SYP-'D-102T5-2 A ♦ :L.TS,INC. £) Resolution No. 2000-RO145 EXHIBIT NIB"