HomeMy WebLinkAboutReso 98-042 - Approving Lease No. DTFA08-98-L-18441/Reil, RWY 16, For the Operation & Maintenance of Runway End Identifier Lights at Redding Municipal Airport �, _ �. � �
IZESOI.�JTION 10t0. 9� - �
A ItESOLiJ'I'IOIV O�' TI-�E CI'I'Y COLTNCII. OF'�HE CIT�'
OF REDDII�G APPRO�ING �.EASE 1010. I)'TFAO�-98-L-
18441/ItEIL, RWY 16, �OR 'I'�-IE OPERATION A1�1D
1VIAIN'I'E101ANCE �F RUIVWAY END IDEI�t�'�FIE�t
LIGI�TS A'T IZEI)DING li�dI1NICIPt�L AIl�0i2'I'.
W�EIZEAS, the United States of America, Department of Transportation, Federal Aviation
Administration,has submitted for City's approval and execution LeaseNo.DTFA08-98-L-18441/REIL,
RWY 16, covering the operation and maintenance of the Runway End Identifier Lights at Redding
Municipal Airport; and
W�EREAS, these facilities are located in accord with the runway extension at said airport
previously approved by the City Council; and
W�E�AS, the Airports Manager has recommended that it is in the best interests of the City
of Redding and its citizens to approve the Lease.
NOV6�,�'�EItEFORE,BE IT 1t�SOLVED that the City Council approves LeaseNo.DTFA08-
98-L-18441/REII,, RWY 16, dated April 21, 1998, covering the operation and maintenance of the
Runway End Identifier Lights at Redding Municipal Airport, and authorizes the Mayor to execute the
Lease on behalf of the City.
Y HE��Y CEItTiFY that the foregoing resolution was introduced, read and adopted at a
regular meeting of the City Council on the 2 � S t d1y Of A p r i 1 , 1998,by the following vote:
A�'ES: COUNCIL1VIEli'IBE�tS:Cibula , Kight , McGeorge , Kehoe, Anderson
NOES: CO�JNCII., MEMB�iZS:N o n e
ABS�N�': COUNCII. IVIEM�ERS:N o n e
ABS�'AIN: COITNCII,MEl0�BE1ZS:N o n e
� _
, .. _ David . Kehoe , �ayer �
Attest•
� C� c:�__;�_"�
< � �. ti
�'� bnnie Strohmaye , City Clerk
v-�
Form Ap ed: ,
���;' /J`% "�
�
i� Leonard �ngate, Ci flttorney �
�
�
� � �
FEDERAL AVIATIOI� �ADMINISTRA.TION
� Lease No.: DTFA08-98-L-18441
Facility: REIL, Rwy 16
U.S. Department Redding Municipal Airport
of Transportation Redding, California
�' LEASE
Bet�veen �
CITY OF REDDING
and
THE UNITED STATES OF AMERICA
This Lease, made and entered into this day of in the year
by and between City of Redding
who address is:
760 Parkview Avenue
Redding, California 96001
for itself and its successors, and assigns hereinafter referred to as 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. PREMISES
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, viz.:
See Legal Description on Page 2.
Federal Aviation Administration Page 1
� , � Lease �: DTFA08-98-L-18441
LEGAL DESCRIPTION
RiINWAY END IDENTIFIER LIGHTS (REIL), RUNWAY 16
REDDING MtTNICIPAL AIRPORT
REDDING, CALIFORNIA
Parcel 1
Beginning at a point 20 ft. North of the threshold located on the centerline of Runway 16,
proceed 105 ft. Westerly on a line perpendicular to the runway centerline. This point establishes
the Northeasterly corner of a rectangular segment 20 ft. South by 20 ft. West with sides
perpendicular and parallel to the runway centerline to be leased for the REIL unit#1. This plot
contains 0.0092 acreas more or less.
Parcel2
Beginning at a point 20 ft. North of the threshold located on the centerline of Runway 16,
proceed 105 ft. Easterly on a line perpendiculaz to the runway centerline. This point establishes
the Northwesterly corner of a rectangular segment 20 ft. South by 20 ft. East with sides
perpendicular and parallel to the runway centerline to be leased for the REIL unit# 2. This plot
contains 0.0092 acres more or less.
Federal Aviation Administration Page 2
. Lease DTFA08-98-L-18441
� �.
(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.
(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 alteratjons, 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. TERM
For the term beginning October 1, 1998 and ending September 30, 1999.
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 option 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 2018.
3. CONSIDERATION
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
facilities upon the premises.hereby leased.
4. 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. Such abandoned equipment shall become the
Federal Aviation Administration Page 3
� , . Lease �: DTFA08-98-L-18441
property of the Lessor. Notice of abandonment will be conveyed by the Government to the
Lessor in wYiting.
5. 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 within the airport boundaries 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.
�,
6. FUNDING RESPONSIBILITY FOR GOVERNMEN�' 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 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.
7. 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 direet 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.
8. QUIET 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 defeiid the Government's use and enjoyment
of said premises against third party claims.
Federal Aviation Administration Page 4
� Lease �: DTFA08-98-L-18441
9. OFFICIALS NOT TO BENEPIT
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.
10. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement o� 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 �vithout liability or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of the contingent fee.
11. ANTI-KICKBACK
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.
12. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning
awards of contracts 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 only to final agency decisions. The decision of
the FAA shall be considered a final aaency decision only after a contractor or offeror has
exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute
Resolution System. Protests must be filed with the Office of Dispute Resolution within 5
calendar days of the date that the protester was aware, or should reasonably have been aware, or
should reasonably have been aware, of the agency action or inaction which forms the basis of the
protest. Unless otherwise stated in this contract dispute by the contractor against the government
shall be submitted to the Contracting Officer within 1 year after the accrual of the contract
dispute. Information relating to submittina a protest or dispute will be provided by the
Contracting Officer, upon request.
Federal Aviation Administration Page 5
: , „ • Lease �: DTFA08-98-L-18441
13. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the
Lessor's heirs, executors, administrators, 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 Redding
760 Parkview Avenue
Redding, California 96001
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Real Estate & Utilities Team , AWP-54B
P.O. Box 92007, World Way Postal Center
Los Angeles, CA 90009-2007
15. The following are attached and made a part hereof: Exhibit A `Site Plan and Plot Layout",
dated 4/30/98. �
16. The following changes were made in this lease prior to its execution: None.
Federal Aviation Administration Page 6
. , , � Lease �: DTFA08-98-L-18441
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
LESSOR:
By:
Tltle: Mayor , Citv Council
1, THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By:
Contracting Officer, Real Estate
Title: & Utilities Team, AWP-54B
Date:
�'
� �3�N; �Jp(u _
� �p/J �,///t//,
� �_(�d�'� � L
W, LEON;��:� V�i:'�J ,,r� _—
City 4ttQrr��--.
Federal Aviation Administration Page 7
; , ,'. . � �
`O , 50
i� ' �
� \ � �_ � _.
\ �
j ' I
t
�
�
i
� (
� ! `_
� � Du�T i `_
; ! ,
� � � I � �
� �
� i Ni � �Nt .
1 1j �
t• �
+i � I
i •
� �
1 �
i �t I .
f � I
, � I
�
t
' l I
� � y
; �� i r �
� �
� j � I 5U 1�30
� ! �--.!s�C`
i TtP �
� �I �
� ► .� 1 �
E I � R�iL�t2 —
, I SCaL�
� N
; — ' � , � rr _ 2���
� " T — — --
� 2o`z 2o I
� �p to5� �
� �P �
:� REIL� � . �
�
� . �r
�'X�f/;B�% '%
I PREP�RED 8Y CHECKED EY OATE -
...
� ._SU H_��_`(���C=� ►:l G----- ---�-- .4:= 3 t�.-_7.8.� --
� ; �� SU9JECF- S1-`� �I._A� AlJD PLC�T LA.YC)UZ' __ . . fi�e No. -
� � -- - REDD1l.,1G MUN�CIPAI. A1RnURT _- RWY=16:,
: : _ __.. . _
� . /� --- � -
_ -
; REDD11.lC, . ::CA�..tFUF'�.1�.��.C"`.--•- --•..—•-.-----�—r- -- SHEET�OF SHE