HomeMy WebLinkAboutResolution - 1920 - Lease Agreement - FAA - Low Level Wind Shear Alert System, LIA - 01/24/1985MH:js
RESOLUTION
Resolution #1920
January 24, 1985
Agenda Item #18
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 Lease No.
I DTFA07-85-L-01089 by and between the City of Lubbock and the Federal
i Aviation Administration for sites for a FAA Low Level Wind Shear Alert
System, attached herewith, 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 24th day of January , 1985.
ALA ENRY, OR
ATTEST:
} Ranet a Boyd, City Secretary
APPROVED AS TO CONTENT:
" Mar in Coffee, Dir of A tion
APPROVED AS TO FORM:
r
Riche Haff, As istant City Attorney
i
,t
Resolution #1920
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
P.O. Box 1689
Fort Worth, TX 76101
Lease No.: DTFA07-85-L-01089
Low Level Wind Shear Alert System (LLWSAS)
Site Nos. 1, 2, 3, and 4
Lubbock International Airport
Lubbock, Texas
LEASE
between
CITY OF LUBBOCK
and
THE UNITED STATES OF AMERICA
This LEASE, made and entered into this 24th day of January in the
year one'thousand nine hundred and eighty five, by and between the CITY OF
LUBBOCK, whose address is Route 3, Box 389, Lubbock, Texas 79401, for
itself, its successors and assigns, hereinafter called the Lessor and the
UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter
mentioned covenant and agree as follows:
1. For the term beginning January 1, 1985, and ending September 30,
1985, the Lessor hereby leases to the Government the following described
property, hereinafter called the premises, VIZ:
Four sites located on Lubbock International Airport property, Lubbock,
Texas, for a Federal Aviation Administration (FAA) Low Level Wind Shear
Alert System (LLWSAS), as more particularly shown on FAA Drawing
No. SW -D -10275-1A (Exhibit "A"), dated September 28, 1984, attached hereto
and made a part hereof.
Site No. 1 - A 20 -foot by 20 -foot plot of land with a cabling
right-of-way approximately 10 -foot by 50 -foot as shown on Exhibit "A".
Site No. 2 - Plot and cabling right-of-way (approximately 10 -foot by
55 -foot) will be on the existing middle marker (Runway 17R) site as shown
on Exhibit "A".
-1-
Lease No.: DTFA07-85-L-01089
Low.Level Wind Shear Alert System (LLWSAS)
Site Nos. 1, 2, 3, and 4
Lubbock International Airport.
Lubbock, Texas
Site No. 3 - Plot and cabling right-of-way (approximately 10 -foot by
38 -foot) will be on the existing middle marker (Runway 26) site as shown
on Exhibit "A."
Site No. 4 - A 20 -foot by 20 -foot plot of land; a 20 -foot by 10 -foot
turnaround area; and a 10 -foot by 130 -foot access road. (FAA will install
a terminal pole and security fence at this site as shown on Exhibit "A.")
a. Together with a right-of-way for ingress to and egress from the
premises; a right-of-way or rights-of-way for establishing and maintaining
a pole line or pole lines for extending electric power, and telecommuni-
cations facilities to the premises; and right-of-way for subsurface power,
communication and 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 by metes and bounds, 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 air navigation and telecommunications
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
Government's options shall be deemed exercised and the lease renewed each
year for one (1) year unless the Government gives the Lessor thirty
(30) days' written notice that it will not exercise its option before this
lease or any renewal thereof expires; PROVIDED that no renewal shall
extend this lease beyond the 30th day of September 2000.
-2-
Lease No.: DTFA07-85-L-01089
Low Level Wind Shear Alert System (WISAS)
Site Nos. 1, 29 3, and 4
Lubbock International Airport
Lubbock, Texas
3. RENT:
The Government shall pay 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 obligation assumed by the
Government in its establishment, operation, and maintenance of the LLWSAS
upon the leased premises in support of the Lubbock International Airport
for the safety of the flying public and the public's benefit.
4. CANCELLATION:
The Government may terminate this lease at any time by giving at
least thirty (30) days' notice in writing to the Lessor, and no rental
shall accrue after the effective date of termination. Said notice shall
be sent by certified or registered mail.
5. DISPUTES:
a. This lease is subject to the Contract Disputes Act of 1978
(Public Law 95-563).
b. Except as provided in the Act, all disputes arising under or
relating to this lease shall be resolved in accordance with this
clause.
c. (1) As used herein, "claim" means a written demand or assertion
by one of the parties seeking, as a legal right, the payment
of money, adjustment, or interpretation of lease terms, or
other relief, arising under or relating to this lease.
(2) A voucher, invoice, or request for payment that is not in
dispute when submitted is not a claim for the purposes of
the Act. however, where such submission is subsequently not
acted upon in a reasonable time, or disputed either as to
liability or amount, it may be converted to a claim pursuant
to the Act.
(3) A claim by the Lessor shall be made in writing and submitted
to the Contracting Officer for decision. A claim by the
Government against the Lessor shall be subject to a decision
by the Contracting Officer.
d. For Lessor claims of more than $50,000, the Lessor shall submit
with the claim a certification that the claim is made in good
faith; the supporting data are accurate and complete to the best
of the Lessor's knowledge and belief; and the amount requested
accurately reflects the contract adjustment for which the Lessor
-3-
Lease No.: DTFA07-85-L-01089
Low Level Wind Shear Alert System (LLWSAS)
Site Nos. 1, 2, 3, and 4
Lubbock International Airport
Lubbock, Texas
believes the Government is liable. The certification shall be
executed by the Lessor if an individual. When the Lessor is not
an individual, the certification shall be executed by a senior
company official in charge at the Lessor plant or location
involved, or by an officer or general partner of the Lessor
having overall responsibility for the conduct of the Lessor's
affairs.
e. For Lessor claims of $50,000 or less, the Contracting Officer
must render a decision within 60 days. For Lessor claims in
excess of $50,000, the Contracting Officer must decide the claim
within 60 days or notify the Lessor of the date when the decision
will be made.
f. The Contracting Officer's decision shall be final unless the
Lessor appeals or files a suit as provided in the Act.
g. The authority of the Contracting Officer under the Act does not
extend to claims or disputes which by statute or regulation other
agencies of the Executive Branch of the Federal Government are
expressly authorized to decide.
h. Interest on the amount found due on a Lessor claim shall be paid
from the date the claim is received by the Contracting Officer
until the date of payment. Interest on the amount found due on a
Government claim shall be paid from the date the claim is
received by the Lessor until the date of payment. Interest shall
be computed at ten percent (10%) per annum on the basis of a 365 -
or 366 -day year, whichever applies.
I. Except as the parties may otherwise agree, pending final
resolution of a claim by the Lessor arising under the lease, the
Lessor shall proceed diligently with the performance of the lease
and its terms in accordance with the Contracting Officer's
decision.
6. OFFICIALS NOT TO BENEFIT:
No Member of or Delegate to Congress, or Resident Commissioner shall
be admitted to any share or part of this lease contract, or to any benefit
that may arise therefrom; but this provision shall not be construed to
extend to this lease contract if made with a corporation for its general
benefit.
-4-
Lease No.: DTFA07-85-L-01089
Low Level Wind Shear Alert System (LLWSAS)
Site Nos. 1, 29 3, and 4
Lubbock International Airport
Lubbock, Texas
7. LESSOR WARRANTY:
The Lessor warrants that no person or selling agency has been
employed or retained to solicit or secure this lease upon an agreement or
understanding for a commission, brokerage, percentage or contingent fee,
except bona fide employees or bona fide established commercial or selling
agencies maintained by the Lessor for the purpose of securing business.
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 amounts otherwise due under this lease or other consideration,
the full amount of such commission, brokerage, percentage, or contingent
fee.
8. FUNDING RESPONSIBILITY CLASS I - II FACILITIES:
The airport owner agrees that any relocation, replacement, or
modification of any Federal Aviation Administration Class I or II
facility, or components thereof, as defined below, covered by this
contract during its term or any renewal thereof made necessary by airport
improvements or changes which impair or interrupt the technical and/or
operational characteristics of the facilities will be at the expense of
the airport owner; except, when such improvements or changes are made at
the specific request of the Government. In the event such relocations,
replacements, or modifications are necessitated due to causes not
attributable to either the airport owner or the Government, funding
responsibility shall be determined by the Government.
CLASS I FACILITIES
Remote Transmitter/Receiver (Tower) Visual Landing Aids
Airport Traffic Control Tower Direction Finding Equipment
Airport Surveillance Radar VOR, TVOR, and VORTAC
Airport Surface Detection Equipment (Instrument Approach)
Precision Approach Radar Weather Observing and Measuring Equip.
IIS and Components (Owned and operated by FAA)
ALS and Components Central Standby Powerplant
CLASS II FACILITIES
Long Range Radar VOR and VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Station
Remote Control Air -Ground Remote Communications Outlet
Communication Facility Limited Remote Communications Outlet
Other En Route Facilities
-5-
Lease No.: DTFA07-85-L-01089
Low Level Wind Shear Alert System (LLWSAS)
Site Nos. 1, 29 3, and 4
Lubbock International Airport
Lubbock, Texas
9. 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 that 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. Notice of
abandonment will be conveyed to the Lessor in writing.
10. NOTICES:
All notices sent to the parties under the lease shall be addressed as
follows:
To the Lessor: City of Lubbock, Route 3, Box 389, Lubbock, Texas 79401
To the Government: Department of Transportation, Federal Aviation
Administration, Southwest Region, P.O. Box 1689, ATTN: ASW -56, Fort Worth,
TX 76101
IN WITNESS WHEREOF, the parties hereto have unto subscribed their
names as of the date first above written.
As the holder of a mortgage, dated
, recorded in volume
pages ,
against the above-described premises,
the undersigned hereby consents to
the foregoing lease and agrees that, if
while the lease is in force the mortgage
is foreclosed, the foreclosure shall not
void the lease.
(Mortgagee)
-6-
CITY OF LUBBOCK, TEXAS
BY: (Lessor)
Title:
THE UNITED STATES OF AMERICA
By:
Lottie Kirsch
Title: Contracting Officer
Lease No.: DTFA07-85-L-01089
Low Level Mind Shear Alert System (LLNSAS)
Site Nos. 1, 2, 3, and 4
Lubbock International Airport
Lubbock, Texas
CORPORATE CERTIFICATE
I, Ranpttp Rnyd , certify that I am the City Sptrptary
of the Corporation named in the foregoing agreement, that Alan Npnrey
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 24th day of January , 1985
Signe
Rane to Boyd
City Secretary
-7-
Hr WR �+• � W" K � it xn �
* � , L.L�WSAS SITE 3
.a'ftfvde 33 39 73
-
;e,�f,, Lonyifude : /O/ 47'36 "
4ntenna Elevation :394-.3
(See Dw•g. SIMV -D-/0275-3)
IWT ►4tf
3166
Mst It an cant
/ 3396
LEXISTING
MIDDLE MARKER
.3165
! 1t Rw r.226
Grave/ Surfaced Access
Road Parkin; Area -
2/C */O, 0. E.B.
LLWS.45
Tower 20 " roll
I -Antenna Tower
(--EquiR ent B/cry
_ y _
33°39�
_ S 17 # 3
I 30, 20' 10' 0 30' 60'
SCALE IN FEET
REFERENCE DWG. NO.
j SW -D-9598-4
f n. r.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION FORT WORTH TEXAS
LOW LEVEL WIND SHEAR ALERT SYSTEM (LLWSAS )
4
§IT'E L.AYOUT PLAN
LUBBOCK_
( International Airport) TEX�.
SUBMITTED j ROVED
// Jf/, 3 /y ♦ ///
_�(/,,,� �-•`���:`1 /"' • 1 C �J�/ ter.. ';fVr��� l,J'�/��. � ..f. /-. . ��
SUPERVISOR OF SECTION, ASW -442 MANAGER OF BRANCH, ASW -440
ed --Luis Flores ISSUED BY
Reviewed: AIRWAY FACILITIES Dote SEPTEMBER 28 1984
� °'*�'•0{/"•lohnLedbetter : DIVISION Dw9• No.
Ch hed %CIA* SW -D-10275-1 A
LX Hi Bi•T' ��'�
T
in
a�
n�
_ y _
33°39�
_ S 17 # 3
I 30, 20' 10' 0 30' 60'
SCALE IN FEET
REFERENCE DWG. NO.
j SW -D-9598-4
f n. r.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION FORT WORTH TEXAS
LOW LEVEL WIND SHEAR ALERT SYSTEM (LLWSAS )
4
§IT'E L.AYOUT PLAN
LUBBOCK_
( International Airport) TEX�.
SUBMITTED j ROVED
// Jf/, 3 /y ♦ ///
_�(/,,,� �-•`���:`1 /"' • 1 C �J�/ ter.. ';fVr��� l,J'�/��. � ..f. /-. . ��
SUPERVISOR OF SECTION, ASW -442 MANAGER OF BRANCH, ASW -440
ed --Luis Flores ISSUED BY
Reviewed: AIRWAY FACILITIES Dote SEPTEMBER 28 1984
� °'*�'•0{/"•lohnLedbetter : DIVISION Dw9• No.
Ch hed %CIA* SW -D-10275-1 A
LX Hi Bi•T' ��'�
3 [
}
pw Mangar
i
�••'Mwa ,� ry�»f ,•r �
-175
/O'Access Road
LLWSAS ATC
Rack in ATC7' Equip me,
oe Lati lode = 334':39'58
LOr79 itude : /0/" 48
' Antenna on ATCT
E/evabiw : 3384 .
r t� 3158 •L
.4 ;� ►• Cc — _ BOQ: , 150 Pavia •
! "angst
3273
g� i1Si ;
3253 ! I c
Roo an hoed -r pa1ar
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r ku.itl,••1
v
., .. 3137 � Rat •fin Oo•:± ua
tkftyt %or a+ p.47, A n:3 v . ,gyp . h
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3191 - i2a6 • Ob%t It
c on Nan�ar
c 3298
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3 �i15o - -.—
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3241 t
.., 3i'A
BLAST PILO trnce
_ 3268
•
- _ I � 117e •
i
'DIRT -ROAb I
LLWSAS SITE 4
STEEL TOWER 30' ABOV
ia; f LATITUDE: 334 38' 36'
{ LONGITUDE: 101° 49'2C
ANTENNA ELEVATION: 3:
(SEE DWG. SW -D-10275
woo' w
fev Dote
No Text
1225' TO.OVIRT AVE.
I
.20' x 20'
PLOT
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i.h. REGIS ST
e
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711 F
1"Me To
10' Wide `FAQ State Rd. 2641
Access Rd.& Termima/
r,-MO cUrAd Pole
,
1
SITE # S-_
N. TS.
33039,
PPROX.A 1225' TO OUJRT AV
/0, I Access Rd.
70�
LLWSAS
TOWER
20' TALL
Z/C '#/O,.0 E.B.
s 177
Mrs.
Access
Rd. /Owidle
_o
-
ry
n
LLWSAS S1TE 5
Steel Tower 30, Above Grac
Latitude: 33"39 53 "��
Longitude : /0/ a 5/ 08
Antenna Elevation: 323:
_
(See Dwg. Slti' D-/0275-�
v
70
A
40'
80•
i-
IN FEET
Z �t
1 h
e Orawiny
7
7:325's
10275--6)
LLWSAS SI -FE 2
Steel Tower 20'Ahove Grade
Latitude: -33"4/'24"
Longitude : /0/°49'43 "
Antenna Elevation = 3275 '
(See Dwg. SW -D-10275- 2
eusr ►iw
i--
LLWSAS
St -T 20'A
Latitude: 33'03?
Lon nude : /0/°
Anfenna E/evai
(See Defai/ 'A1 .3767
TE 5
.ve Grade
53 //.'08
If
7: 3235
i.._i
RW
y
t
r3256
Lb,
Ai
�
d
.3758
/7S
/ ' Access Road
4
• 32SQ
�Rt iI is
� a
3156
80'; •
►av4l�
�. oo
• ; . i5N
LLWSAS SITE
Steel Tower 20 ",4 Bove Grade
Lafifude : 33 039 "5/" -
Lon9itude /0/0 133
Antenna E/evafion 3250
(See Defad 'q '' %his Draw1hf
L LWSAS ATCT SITE
Rack in ATCT Equipment Room
A If•., o �„•�e••
LLWSAS SITE 3
Steel Towner 20 "Above Grade
- •Latitude = 33 0 39' 73
- Long1fude = /0/ 36
47"
A'r�tenna Clevaliam 3243
on
325 " { , (See DW9 SIS -D-/0275-3,)
1, tis
11t sucy PAD Roa:t 11rt •a
{ 1 3266
._ EXISTING
MIDDLE MARKER
k,�a,t Ike
is �S
}ta
C, C3.
. -
iK
LLWSAS SITE 3
Steel Towner 20 "Above Grade
- •Latitude = 33 0 39' 73
- Long1fude = /0/ 36
47"
A'r�tenna Clevaliam 3243
on
325 " { , (See DW9 SIS -D-/0275-3,)
1, tis
11t sucy PAD Roa:t 11rt •a
{ 1 3266
._ EXISTING
MIDDLE MARKER
k,�a,t Ike
is �S