HomeMy WebLinkAboutResolution - 2017-R0251 - Air Traffic Control Tower Land Site MOU - 07/27/2017Resolution No.2017-R0251
Item No.6.13
July 27, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock,an Air Traffic Control Tower Land Site Memorandum of
Agreement,and related documents,by and between the City of Lubbock and the United States of
America,by and through the Federal Aviation Administration,in connection with certain real
property located at Lubbock Preston Smith International Airport. 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 City Council.
Passed bythe City Council on July 27,2017 •
DANIEL M.POPE,MAYOR
ATTEST:
dLt^c^
Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
Celly Campbell,Executive DireKellyCampbell,Executive Director of Aviation
APPROVERS TO FORM:
ite,First Assistant City Attorney
vwxcdocs/RES.Agrmt-USA
June 26,2017
Resolution No. 2017-RO251
Air Traffic Control Tower
Land Site
Memorandum of Agreement
MOA No: DTFACN- 17 - L - 00151
This agreement is made and entered into by the CITY OF LUBBOCK, TEXAS,
hereinafter referred to as Airport, 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 the Lubbock
Preston Smith International Airport.
NOW, THEREFORE, the parties mutually agree as follows:
1. PREMISES (JUL-10): The sponsor hereby leases to the GOVERNMENT the
following described property, hereinafter referred to as the premises:
TRACT 1:
A tract of land located on Lubbock Preston Smith International Airport, Lubbock
County, Texas and more particularly described as follows:
Starting at the intersection of Runway 17R-35L and 8L-26R run easterly along the
runway centerline of runway 8L-26R, a distance of 2550 feet; thence northerly parallel to
the centerline runway 17R-35L, a distance of 1200 feet for the POINT OF BEGINNING,
such point being the southwest corner of the plot; thence, 350 feet north; thence, 300 feet
east; thence, 350 feet south; thence, 300 feet west to the POINT OF BEGINNING. Said
plot contains 2.4 acres more or less.
MOA DTFACN- I 7-L-00 151
Air Traffic Control Tower
(LBB) Lubbock Preston Smith International Airport
Lubbock, Texas
TRACT 2, 3 and 4:
Three tracts of land containing 1.159 acres, 0.0735 acre, and 0.1607 acre located
on Lubbock Preston Smith International Airport, Lubbock County, Texas are more
particularly described by metes and bounds descriptions on Survey by Hugo Reed and
Associates, Inc. dated May 2, 2017, identified as Attachment "A," Pages 1 of 3, 2 of 3
and 3 of 3 respectively, attached hereto and made apart hereof.
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 Airport 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 Airport 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 Airport 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. TERMS AND CONDITIONS (July -10): It is mutually understood and agreed that
the Airport requires an FAA Air Traffic Control Tower (ATCT) in order to operate their
business and that the FAA requires an ATCT facility at the Airport in order to support
Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed that the
Airport will allow the FAA to lease or construct, operate, and maintain FAA ATCT
facility in areas on the Airport that have been mutually determined and agreed upon for
the term commencing on July 1, 2017 and continuing through June 30, 2037. The FAA
can terminate this agreement, in whole or part at any time by giving at least (60) day's
notice in writing. Said notice shall be sent by certified or registered mail.
1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement
October 2016 Pg. 2
OMB Control No. 2120-0595
MOA DTFACN- 17-L-00151
Air Traffic Control Tower
(LBB) Lubbock Preston Smith International Airport
Lubbock, Texas
3. CONSIDERATION (NO -COST) (Aug- 02): The FAA shall pay the Airport 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.
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 are made part of this agreement by reference.
5. TITLE TO IMPROVEMENTS (Apr-05): 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 (May-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
Airport agrees to remediate or have remediated at its sole cost, any and all other
hazardous substance contamination found on the FAA facility premises. The Airport also
agrees to save and hold the U. S. 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.
7. INTERFERENCE WITH FAA OPERATIONS (Oct-96): The Airport 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 Air
Traffic Control Tower facility, as it is not in the best interest of the Airport or the FAA.
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct-96): The Airport
agrees that any relocation, replacement, or modification of Air Traffic Control Tower
made necessary by Airport improvements or changes, which interferes with the technical
and/or operational characteristics of the facility, -I& be at the expense of the Airport,
with the exception of any such improvements or c anges 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 Airport or the FAA, funding responsibility
shall be determined by mutual agreement between the parties.
9. NON -RESTORATION (Oct-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 Airport.
1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement
October 2016 Pg. 3
OMB Control No. 2120-0595
MOA DTFACN- I 7-L-00 151
Air Traffic Control Tower
(LBB) Lubbock Preston Smith International Airport
Lubbock, Texas
10. UTILITY LINES AND CONSUMPTION (JUL-10): The Airport agrees to
maintain the necessary water and sanitary sewer, steam and high temperature lines to the
ATCT facility and to install necessary meters to the Government's lines without cost to
the Government. The Government shall pay for all of its utility consumption at no more
than prevailing rates charged the general public for such similar utility services under a
separately negotiated custodial and janitorial contract.
11. NOTICES (Oct-96): All notices/correspondence shall be in writing, reference the
Agreement number, and be addressed as follows:
AIRPORT:
GOVERNMENT:
Preston Smith International Airport DOT/Federal Aviation Administration
Attn: Airport Administration Real Estate & Utilities Group, ALO-720
5401 N. MLK Blvd Unit 389 10101 Hillwood Parkway
Lubbock, TX 79403 Fort Worth, TX 76177
12. PREVIOUS LEASES)/AGREEMENT(S):
This agreement supersedes Land Lease number DTO-FA74SW-1178. Land Lease DTO-
FA74SW-1178 is hereby terminated.
13. THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
The full text of these clauses can be found via Internet at site http://fast.faa.gov/ and
fmding the form "Land On -Airport Lease".
1. OFFICIALS NOT TO BENEFIT (10/96)
2. COVENANT AGAINST CONTINGENT FEES (8/02)
3. ANTI -KICKBACK (7/14)
4. QUIET ENJOYMENT (OCT-96)
5. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (07/14)
6. NOTIFICATION OF CHANGE OF LAND TITLE (10/14)
14. ATTACHMENT(S):
Attachment B — Operating Agreement for Air Traffic Control Tower
15. SIGNATURES (Apr-04): The Airport and the FAA hereby agree to the provisions
outlined in this agreement as indicated by the signatures herein below of their duly
1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement
October 2016 Pg. 4
OMB Control No. 2120-0595
M
MOA DTFACN- 17-L-00151
Air Traffic Control Tower
(LBB) Lubbock Preston Smith International Airport
Lubbock, Texas
authorized representative (s). This agreement is effective upon the date of signature by
the last party thereof.
CITY OF LUBBOCK TEXAS
By:
Dan Pope
Title: Mayor
Date: July 27, 2017
ATTEST:
Re ecca Garza, City Secret ry
APPROVED AS TO CONTENT:
Kelly Campbell,
Executive Director of Aviation
APPROVED AS
irst AkLiskanf City Attorney
THE UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
iIn
Gerald A. Watson
Title: Real Estate Contracting Officer
Date:
1.3.3.1 Air Traffic Control Tower Land Site Memorandum of Agreement
October 2016 Pg. 5
OMB Control No. 2120-0595
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PLAT SHOWING SURVEY OF A 1.159 ACRE TRACT
LOCATED AT
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
LUBBOCK COUNTY, TEXAS
FAA 2.4 ACRE
TRACT
S 88034' 17" E
122.40'
POINT OF BEGINNING: ---
THIS POINT BEARS EASTERLY, PARALLEL
WITH THE CENTERLINE OF RUNWAY BL-26R
2850 FEET AND NORTHERLY, PARALLEL WITH
THE CENTERLINE OF RUNWAY 17R-35L 1390 FEET
FROM THE INTERSECTION OF THE CENTERLINES -
OF AFORESAID RUNWAYS ON
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N 88038'41" W
122.81'
COUNTY ROAD 6100
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SCALE: I"=100'
SURVEYED ON THE GROUND,
MAY 2, 2017
ROBERT A. CHRISTOPHER
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 5167
LICENSED STATE LAND SURVEYOR
STATE OF TEXAS
METES AND BOUNDS DESCRIPTION of a 1.159 acre tract located at the Lubbock Preston Smith International Airport, Lubbock County, Texas,
being further described as follows:
BEGINNING at a W iron rod with cap marked "HUGO REED ASSOC" set in the East line of the 2.4 acre FAA control tower lease tract
(33' 39' 57.82908" N. 101° 49' 10.40731" W) for the Northwest corner of this tract which bears Easterly, parallel with the centerline of runway
8L-2GR a distance of 2650 feet and Northerly, parallel with the centerline of runway M-35L a distance of 1390 feet;
THENCE S. 88°34'17' E. a distance of 122.40 feet to a U2" iron rod with cap marked "HUGO REED ASSOC' set in the occupied West
right-of-way of M.L. King, Jr. Boulevard for the Northeast corner of this tract;
THENCE S. 01"25'43" W., along said right-of-way line a distance of 411.87 feet to a I& Iron rod with cap naked "HUGO REED ASSOC" set In
the North right-of-way line of County Road 6100 for the Southeast comer of this tract;
THENCE N. 88°38'41" W., along said North right-of-way line a distance of 122.81 feet to a I& iron rod with cap narked "HUGO REED ASSOC"
set for the Southwest comer of this tract;
THENCE N. 01'29'08" E., at 222.03 feet pass a 3/8" Iron rod foul at the Southeast comer of the 2.4 acre FAA lease tract, continuing along the
East line of said 2.4 acre tract a distance of 412.02 feet to the Point of Beginning.
Bearings at relative to the Texas Coordinate System of 1983, 2011 (epoch 2010.0). O -FOUND 3/8" I.R. (CONTROLLING MONUMENT)
Geographic coordinates recited are relative to WGS84 and were determined by GPS RTK observation.
COPYRIGHT 2017 HUGO REED & ASSOCIATES, INC.
Attachment "A" DTFACN- 17-L-00151 Page 1 of 3
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SCALE: I"-100'
PLAT SHOWING SURVEY OF A 0.0735 ACRE TRACT
LOCATED AT
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
LUBBOCK COUNTY, TEXAS
300'
FAA 2.4 ACRE
TRACT
S 8802913211 E
20.00'
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POINT OF BEGINNING: --
THIS POINT BEARS EASTERLY, PARALLEL
WITH THE CENTERLINE OF RUNWAY 8L - 26R
2850 FEET AND NORTHERLY, PARALLEL WITH
THE CENTERLINE OF RUNWAY 17R-35L 1390 FEET
FROM THE INTERSECTION OF THE CENTERLINES
OF AFORESAID RUNWAYS
88034'17" W
20.00'
METES AND BOUNDS DESCRIPTION of a 0.0735 acre tract located at the Lubbock Preston Smith International Airport, Lubbock County, Texas
being further described as follows
BEGINNING at a 1/2" Iran rod with cap marked "HUGO REED ASSOC" set In the East line of the 2.4 acre FAA control tower lease tract
(33" 39' 57.829.08" N, 101° 49' 10.40731" W) for the Southwest comer of this tract which bears Easterly, parallel with the centerline of runway
8L-26R a distance of 2850 feet and Northerly, parallel with the centerline of runway 17R-35L a distance of 1390 feet,,
THENCE N. 01°29'08" E., parallel with the West line of said FAA tract a distance of 160.00 feet to a 34' Iron rod found
(33' 39' 59.41131" N, 101° 49' 10.41809" W) at the Northwest corner of said FAA tract and the Northwest comer of this tract,
THENCE S. 88°29'32" E., parallel with the North line of said FAA tract a distance of 20.00 feet to a I& Iron rod with cap marked "HUGO REED
ASSOC" set for the Northeast comer of this tract;
THENCE S. Ol"29'O8" W., parallel with the East line of said FAA tract a distance of 160.00 feet to a W Iron rod with cap marked "HUGO REED
ASSOC" set for the Southeast comer of this tract,
THENCE N. 88°34ITe' W. a distance of 20.00 feet to the Point of Beginning.
Bearings are relative to the Texas Coordinate System of 1983, 2011 (epoch 2010.0).
Geographic coordinates recited are relative to WGS84 and were determined by GPS RTK observations.
SURVEYED ON THE GROUND,
MAY 2, 2017
I
ROBERT A. CHRISTOPHER
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 5167
LICENSED STATE LAND SURVEYOR
STATE OF TEXAS
R
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O -FOUND 3/8" I.R. (CONTROLLING MONUMENT)
COPYRIGHT 2017 HUGO REED & ASSOCIATES, INC.
Attachment "A" DTFACN-17-L-00151 Page 2 of 3
PLAT SHOWING SURVEY OF A 0.1607 ACRE TRACT
LOCATED AT
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
LUBBOCK COUNTY, TEXAS
S 88029'32'� E
20.00'
2
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SCALE:1"=100' L0 M
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300'
FAA 2.4 ACRE
TRACT
0
N POINT OF BEGINNING:
THIS POINT BEARS EASTERLY, PARALLEL
WITH THE CENTERLINE OF RUNWAY BL-26R
2550 FEET AND NORTHERLY, PARALLEL WITH
THE CENTERLINE OF RUNWAY 17R-35L 1200 FEET
FROM THE INTERSECTION OF THE CENTERLINES
OF AFORESAID RUNWAYS
N 88029'32" W
20.00'
METES AND BOUNDS DESCRIPTION of a 0.1607 acre tract located at the Lubbock Preston Smith International Airport, Lubbock County, Texas,
being further described as follows:
BEGINNING at a I&' Iron rod with cap marked "HUGO REED ASSOC" set for the Southwest corner of the 2.4 acre FAA control tower lease tract
(33°39'55.9341" N. 101°49'13.9427' W) for the Southeast corner of this tract which begs Easterly, parallel with the centerline of runway BL-26R
a distance of 2550 feet and Northerly, parallel with the centerline of runway 17R-35L a distance of 1200 feet;
THENCE N. BB"29'32" W., parallel with the South line of said FAA tract a distance of 20.00 feet to a 112' Iron rod with cap marked "HUGO REED
ASSOC" set for the Southwest comer of this tract;
THENCE N. 01°29'08" E., parallel with the West line of said FAA tract a distance of 300.00 feet to a I& Iron rod with cap marked "HUGO
REED ASSOC" set for the Northwest comer of this tract;
THENCE S. 88'29'32" E., parallel with the North line of said FAA tract a distance of 20.00 feet to a 3/8" Iron rod found at the Northwest corner
of said FAA tract (33" 39' 59.39564" N, 101* 49' 13.96616" W) and the Northeast corner of this tract;
THENCE S. 01°29'08" W., along the West line of sold FAA tract a distance of 300.00 feet to the Point of Beginning.
Bearings are relative to the Texas Coordinate System of 1963, 2011 (epoch 2010.0).
Geographic coordinates recited are relative to WGS84 and were determined by GPS RTK observations.
SURVEYED ON THE GROUND,
;Z�6�
ROBERT A. CHRISTOPHER '
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 5167
LICENSED STATE LAND SURVEYOR
STATE OF TEXAS
0
z
O -FOUND 3/8" I.R. (CONTROLLING MONUMENT)
COPYRIGHT 2017 HUGO REED a ASSOCIATES, INC.
Attachment "A" DTFACN-17-1-00151 Page 3 of 3
ATCT MOA No.: DTFACN-17-L-00151
Attachment: "B"
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
OPERATION AGREEMENT FOR AIRPORT TRAFFIC CONTROL TOWER
I. THIS AGREEMENT is hereby attached to and made a part of ATCT MOA (MOA) by
and between the United States of America, acting by and through the Federal Aviation
Administration, hereinafter called the Government and the (Airport's Official Name), operating
its airport known as (Airport's Official Name), located in (Airport's Address), hereinafter called
the Airport. This Agreement shall be executed by the parties hereto independently of said MOA
to which it is a part.
II. WHEREAS, an Airport Traffic Control Tower (ATCT) will be or has been erected on
the plot described in the ATCT MOA by and at the expense of the Government; and
III. WHEREAS, it is in the public interest that the above described ATCT be operated by the
Government, subject to the availability of funds, in accordance with standards established by the
Government;
IV. NOW, THEREFORE, the Airport agrees to the following conditions:
1. The Airport shall, at no expense to the Government, provide the lighting control
panels in the said Tower and shall provide all electrical circuits and current, on a continuing
basis, necessary for the operation of boundary, flood and obstruction lights, including those
which may be operated by the Government; all airport lighting which the Government determines
is essential to aircraft operations, including the foregoing, and all such air traffic control devices
which are designed to be directly or remotely controlled from the Airport Traffic Control Tower
and the Airport shall be responsible for the proper and continued functioning of any locally
installed lights or other device placed under the Government's control.
2. The Airport shall be responsible for the proper and continued functioning of all
equipment and devices which the Government determines are necessary for air traffic control, but
which cannot be placed in operation or controlled from said Tower, or are not otherwise operated
by or under the control of the Government.
3. The Airport shall promptly advise the Government's duly authorized
representative(s) in said Tower of any conditions which render all, or any, area(s) of the Airport
unsafe for normal utilization by aircraft and will, upon demand, appropriately mark any such
1.3.3.2 Operation Agreement for Airport Traffic Control Tower Site MOA
July 2010
OMB Control No. 2120-0595 Pg. 1
area(s) in a manner approved by the Government which properly indicates the existing
condition(s); the Lessor shall promptly give notice to the Government's Tower representative(s)
prior to the time any maintenance or construction is begun on the airport landing area unless such
action is in accordance with a schedule which has been previously coordinated with the said
Tower; said notice shall be given not less than thirty (30) days prior to the scheduled date from
beginning the first item of construction and/or maintenance on the schedule.
4. The Government shall have absolute control of the operation of said Tower and its
associated facilities at all times and shall not be subject to direction from the Airport in this
regard. In accordance with and subject to the conditions, limitations and exceptions set forth in
the Federal Tort Claims Act of 1948, as amended ( 28 U.S.C. 2671, et., sue.), hereafter termed
"The Act," the government will be liable to persons damaged by any personal injury, death or
injury to or loss of property, which is caused by a negligent or wrongful act or omission of any
employees of the Government while acting within the scope of his office or employment under
the same circumstances where a private person would be liable in accordance with the law of the
place where the Act or omission occurred. The foregoing shall not be deemed to extend the
Government's liability beyond that existing under the Act at the time of such act or omission or
to preclude the Government from using any defense available in law or equity.
5. The Airport, upon request from the Government, agrees to provide two-way
ground control communication equipment in its maintenance and emergency vehicles scheduled
to regularly operate in the airport landing area, and such equipment shall be capable of
maintaining radio communications with the Government's Tower on said Airport.
6. The Airport, agrees to pay (and the Government shall not pay any part of such
costs other than those provided by any existing Federal Aid to Airports Programs) for the
relocation of said Tower and its associated facilities if such relocation is made necessary by
Airport improvement or changes which impair the technical and/or operational characteristics of
said Tower and its associated facilities.
7. The Airport shall, as a protection to the proper operation of the ATCT by the
Government, prohibit and refrain from the erection or construction of any structures or
improvements which may interfere with the visibility of the Air Traffic Controllers' line of sight
to all traffic patterns, approaches, runways, taxiways, operational portions of the aprons and
other operational areas necessary for the control of ground and air traffic.
8. In accordance with the provisions of paragraph 2 of the ATCT MOA, the
Government shall have the right and privilege to maintain the ATCT on the airport premises and
to install and maintain antennas and antenna wires and appurtenances for Air Traffic operating
facilities at the MOA site and other locations on the airport where deemed necessary, together
with the right to install, operate and maintain necessary connecting cables and wires where
needed to perform the necessary linking of facilities. The Government shall have the right to
install, operate and maintain such cables, conduits and wiring necessary to link and connect its
facilities located on airport property;
1.3.3.2 Operation Agreement for Airport Traffic Control Tower Site MOA
July 2010
OMB Control No. 2120-0595 Pg. 2