HomeMy WebLinkAboutReso 98-043 - Approving Lease No. DTFA08-98-L-18442/Vasi, RWY 16, for the Operation & Maint of Visual Approach Slope Indicators at Redding Municipal Airport ' - � • � •
I2ESOL�.T'I'ION 1�0. 9� - � (�
A RESOLLT'I'IOIV O�TIIE CI'I'�' COUNCIL O� 'I'HE CIT�'
OF I2EDDIleiG APPIZOVING L�ASE 1010. DTFA08-98-}L-
18442lVASI, R�VY 16, FOR T�-IE OPE��'ION �1ND
lO�IAINTENANCE O� VIS�JAL APPI�OAC�I S�OPE
I1�1I)ICA'I'ORS A'I' REDDING I�UNICIPt�L AII2PORT.
WH��tEAS, the United States of America, Department of Transportation, Federal Aviation
Administration,has submitted for City's approval and execution Lease No.DTFA08-98-L-18442NASI,
RWY 16, covering the operation and maintenance of the Visual Approach Slope Indicators at Redding
Municipal Airport; and
V6VHEREA5, these facilities are located in accord with the rur�way extension at said airport
previously approved by the City Council; and
WHER�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.
NOW,THEId�FOItE,��IT ItES(D�,VED that the City Council approves LeaseNo.DTFA08-
98-L-18442lVASI,RWY 16,dated Apri121, 1998,covering the operation and maintenance ofthe Visual
Approach Slope Indicators at Redding Municipal Airport,and authorized the Mayor to execute the Lease
on behalf of the City.
I HEREBX CER�'�Y that the foregoing resolution was introduced, read and adopted at a
regular meeting of the City Council of the City of Redding on the 2 1 S rday of A p r i 1 , 1998,by
the following vote:
t�YEs: COiJNCII,1dIEMBERS: Cibula , Kight , McGeorge , Keho� Anderson
NOES: COITNCII.MEIVIB�IZS: N o n e "
ABSEN�': COUNCII. MEM��RS: �o r"t e
ABS�AIN: COUNCIL NdEMBEI2S: N o n e
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Dav ' A . Kehoe , ayOd' I ~- �"
Atte -
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��= onnie,Strol�anaye ity Clerk
Form flppr . �
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W. Leonard inga ;� ity Attorney �
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FEDER.A.L AVIATION ADMINIS�'RATION
� Lease No.: DTFA08-98-L-18442
Facility: Redding VASI, Rwy 16
U.S. Department Redding Municipal Airport
of Transportation Redding, CA
�' LEASE
Between
CITY OF REDDING
and
THE UNIT�D 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 Parkvie�v Avenue
Redding, California 96001 '
for itself and its successors, and assigns hereinafter referred to as Lessor and the
UNIT�D STATES OF AMERICA, licreinafter called the Government:
WITNESSET�-L• The parties hereto for the consideration hereinafter mentioned covenant
atid a�rcc as follo�vs:
1. PR�MISES
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, viz.:
See Legal Description on Page 2.
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• ' • � Lease DTFA08-98-L-18442
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LEGAL DESCRIPTION
VISUAL APPROACH SLOPE INDICATOR(VASI), RUNWAY 16
REDDING MUNICIPAL AIRPORT
REDDING, CALIFORNIA
Parcel 1
Beginning at a point 430 ft. Southerly of the threshold located on the centerline of Runway 16,
proceed 115 ft. Easterly on a line perpendicular to the runway centerline. This poiiit establishes
the Northwesterly corner uf a rectangulan Segment 50 feet Easterly by 20 ft. Southerly with sides
perpendicular and parallel to the runway centerline to be leased for the Downwind VASI units.
This plot contains 0.023 acres more or less.
Parcel 2
Beginning at a point 930 feet Southerly of the threshold located on the centerline of Runway 16
proceed 115 feet Easterly on a line perpendicular to the runway centerline. This point establishes
northwesterly corner of a rectangular segment 50 ft. Easterly by 20 ft. Southerly �vith sides
perpendicular and parallel to the run�vay centerline to be leased for the Upwind VASI units. This
plot contains 0.023 acres more or less.
Federal Aviation Administration Page 2
� • ' . � Lease DTFA08-98-L-18442
. �.:
(a) Together,with a right-of-way for ingress to and egress from the premises; a right-of-
�vay 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 lancis of the Lessor, and unless herein described otherwise, to Ue by routes reasonably
determined to be the most convenient to the Gove.rnment.
(b) And the right of grading, conditioning, and installing drainage facilities, and seeding
the soil of the premises, and the removal of all obstrtictions 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, struclures, 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 '
Por the term beginnin� October 1, 1998 and ending September 30, 1999.
This lease may, at the option of the Government, be renewed from year to year �nd othenvise
upon the terms and conditions herein specified.' The Government's option shall be deemed
exercised and the lease rene�ved each year for one (1) year unless the Government gives the
Lessor thirty (30) days �vritten notice that it will not exercise its option before this lease or any
renewal thereof eYpires; PROVIDEU, that no renewal shall extend this lease beyond the 30th day
of September 2018.
3. CONSIDEF�ITION
The Government shall pay the Lessor no monetary consider�tion 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 establisYunent, operation and maintenance of
facilities up�n the premises herchy leased.
4. NON-1ZESTORATION
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 �vholly or partially, the
property which is the subject matter of this lease. It is further agreed that the Goveriunent may
abandon in place any or all of the structures and equipment installed in or located upon said
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` ' � Lease DTFA08-98-L-18442
��.:
property by the Government during its temire. Such abandoned equipment shall become the
property of the Lessor. Notice of abandonment will be conveyed by the Government to the
Lessor in �vriting.
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 �vithin the airport boundaries that may
interfere with the proper operation of the facilities installed by the Goverrunent under the terms
of this Lease unless consent hereto shall first be secured from the Governrrient in writing.
'
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or
fiiture Govercunent facilities covered by this Lease during its term or any renewal thereof made
necessary by airport improvements or changes �vhich 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 �vritten 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, fiinding responsibility shall be
determined by the Goverrunellt.
7. HAZARDOUS SUBSTANCE CONTAMINATION
The Government agrees to remediate, at its sole cost, all hazardous substa�ice
contamination on the leased premises that is found to have occuned 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
al: 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.
�. QU1L"1� LNJOYMI?N7'
'I'he Lessor warrants tlint tlley liave good and valid title to trie premises; and ri�;hts of
ingress and egress, and warrants and covenants to defend the Government's use and enjoyment
of said premises against third party claims.
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�. � Lease DTFA08-98-L-18442
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9. OFFICIALS NOT TO I�ENEFI7'
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 CONTING�NT FEES
The Contractor warrants thal no person or agency has been employed or retained to solicit or
obtain this contract upon an agreeinent ox understanding for a contingent fee, eYcept a bona fide
employee or a�ency. For breach or violation of this warranty, the Government shall have the
right to annul this contract without liability or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the fiill amount of the contingent fee.
ll. ANTI-KICKBACK
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person froin (1)
Providing or atteinptin� 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 s�iall apply only to final agency decisions. The decision of
the FAA shall be considered a final agency 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 reasonaUly 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 subniitted to the Contracliilg Oliicer within 1 year aftcr the accrual of the contract
dispute. Information relating to submitting a protest or dispute will be provided by the
Contracting Officer, upon request.
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� . � _ � Lease DTFA08-98-L-18442
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13. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the
Lessor's heirs, executors, adininistrators, successors, and assigns.
14. NOTICES
All notices/corc•espondence 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 LF,SSOR: CITY OP REDDING
750 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 - Lease Plot, dated 9/25/78;
Exhibit B - Obstruction Plan.
16. The follo��ing changes were made in this lease prior to its execution: None.
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� " _ � Lease DTFA08-98-L-18442
�.:
IN WI"INESS WHEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
LESSOR:
By:
Tltle: Mayor , City Council
�,
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By:
Contracting OfFcer, Real �state
Title: & Utilities Team, AWP-54B
Date:
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Obstructions: Obstructions in the approach area shall be removed or controlled.
The approach area is a triangular plane established by the location
of the downwind VASI bar. The vertex of the plane is the runway
centerline opposite the downwind VASI bar and extends outward
six (6) miles at an angle of 1'�° vertically and 10° horizontally
on both sides of the runway center�ine.
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