HomeMy WebLinkAboutReso 94-146 - Approve Lease No. DTFA08-93-L-14128 between COR & USA for certain property upon which the FAA Air Traffic Control Tower Facilities are situated and a parcel for installation of an Emergency Generator }
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING :LEASE NO. DTFA08-93-L-14128 BETWEEN THE CITY OF
REDDING AND THE UNITED STATES OF AMERICA FOR CERTAIN
PROPERTY UPON WHICH THE FAA AIR TRAFFIC CONTROL TOWER
FACILITIES ARE SITUATED AND A PARCEL FOR INSTALLATION OF
AN EMERGENCY GENERATOR, AND AUTHORIZING THE MAYOR TO
SIGN.
IT IS HEREBY RESOLVED that the City Council of the City of Redding as
follows:
1 . That the City Council of the City of Redding hereby approves the
above-mentioned Lease No. DTFA08-93-L-14128 between the City of Redding and
the United States of America, a true copy of which is attached hereto and incor-
porated herein by reference.
2. That the Mayor of the City of Redding is hereby authorized and
directed to sign said Lease on behalf of the City of Redding; and the City Clerk is
hereby authorized and directed to attest the signature of the Mayor and to
impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read
at a regular meeting of the City Council of the City of Redding on the 7th day of
June , 1994, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
AT ST:
CONNIE STROHMAYE City Clerk MBERT C. ANDERSON, Mayor
City of Redding
CONTENT APPROVED: FORM APPROVED:
GEORGE E. PERRY, JR. RA ALL A. HAYS City Attorney
Director of Airports
1
U.S.Department
of Transportation
Federal Aviation
Administration
Lease No.:DTFA08-93—L-14
ATCT
LEASE Redding, California
between
CITY OF REDDING
and
THE UNITED STATES OF AMERICA
This LEASE, made and entered into this day of
in the year one thousand nine hundred and
by and between City of Redding
whose address is 760 Parkview Avenue
Redding, California 96001-3396
for itself and 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 July 1, 1992 and ending September 30, 19 92 the Lessor hereby leases to the
Government the following described property, hereinafter called the premises, viz:
See Page 1A for legal description
FAA FORM 4423-2 Pg. 1 (8-81) Supersedes Previous Edition
• •
Lease No.: DTFA08-93-L-14128
Legal Description
Redding, California
ATCT
Commencing at the monument marking the northeast corner of Section 27, T. 31 N., R. 4 W.,
M.D.B.&M.; proceed S. 89°14'56" W., 2000.00 feet along the north boundary of said Section 27
to a point; thence S. 0°02'04" E., 3939.68 feet along the centerline of Airport Road to a point;
thence N. 89°57'56" E., 1129.56 feet along the centerline of the Airport entrance road to a point;
thence S. 0°03'56" W., 574.22 feet along the centerline of Taxiway "A" to a point which is an
angle point on the centerline of said taxiway marked with a railroad spike and center punch set
flush with the pavement; thence S. 0°03'56" W., 15.00 feet to a point marked with a spike and
shiner set flush with the pavement; thence N. 89°56'04" W., 364.00 feet to a 2 x 2 wood hub and
tack; thence S. 0°03'56" W., 50.60 feet to a point which is the true point of beginning; thence S.
89°56'04" E., 7.20 feet, to a point; thence S. 0°03'56" W., 125.00 feet, to a point; thence N. 890
56'04" W., 50.00 feet to a point; thence N. 0°03'56" E., 125.00 feet to a point, thence S. 89°
56'04" E., 42.80 feet to a point which is the said true point of beginning. Consisting of a parcel of
land containing 0.14 acre, more or less, and being situated in the southeast one-quarter of said
Section 27. Bearings are true.
Legal Description
Redding California
Emergency Generator Site
Commencing at the monument marking the northeast corner of Section 27, T3 IN, R4W, M.D.B.
& M.; proceed S 89° 14' 56" W 2000.00 feet along the north boundary of said Section 27 to a
point, thence S 0° 02' 04" E 3939.68 feet along the centerline of Airport Road to a point, thence
N 890 57' 56" E 1129.56 feet along the centerline of the Airport entrance road to a point, thence
S 00 03' 56" W 574.22 feet along the centerline of taxiway 'A' to a point which is an angle point
on the centerline of said taxiway marked with a railroad spike and centerpunch set flush with the
pavement, thence S 0° 03' 56" W 15.00 feet to a point marked with a spike and shiner set flush
with the pavement, thence N 89° 56' 04" W 364.00 feet to a 2 X 2 wood hub and tack, thence S
00 03' 56" W 50.60 feet to a point, thence S 89° 56' 04" E 7.20 feet to a point which is to be the
true point of beginning, thence S 89° 56' 04" E 48.00 feet to a point, thence S 0° 03' 56" W 25.00
feet to a point, thence N 89° 56' 04" W 48.00 feet to a point, thence N 0° 03' 56" E 25.00 feet to
a point which is said to be the true point of beginning, consisting of a parcel of land containing
0.028 acres (1200 square feet) more or less and being situated in the southeast 1/4 of said Section
27. Bearings are true.
Page 1 A
Lease No.. DTFA08-93—L-1
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 telecommunications 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. 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
(I)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=201
3. The Government shall pay the Lessor rental for the premises in the amount of no monetary considerate
in the form of rental, it beinmutually agreed that the rights extended to the
Government herein are in considg eration of the obligations assumed by the Government it
its establishment, operation and maintenance of facilities upon the premises hereby le
for the term set forth in Arftcle I above,and without cost
TMx for
each annual renewal exercised by the Government hereafter.
4. IRiKIWI CC
Yewuliux
5. The Government shall surrender possession of the premises upon the date of expiration or termination of this
lease.if the Lessor by written notice at least 30 days before the date of expiration or termination requests
restoration of the premises,the Government at its option shall within ninety(90)days after such expiration or termination,
or within such additional time as may be mutually agreed upon,either(1)restore the premises to as good condition as that
existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease(changes to
the premises in accordance with paragraph 1.(a), 1.(b)and 1,(c)above,ordinary wear and tear,damage by natural elements
and by circumstances over which the Government has no control,excepted)or(2)make an equitable adjustment in the
lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored,
whichever is less.Should a mutually acceptable settlement be made hereunder,the parties shall enter into a supplemental
agreement hereto effecting such agreement.Failure to agree to any such equitable adjustment shall be a dispute concerning
a question of fact within the meaning of Clause 6 of this lease.
FAA Form 4423-2 Pg.2(11-82)Supersedes Previous Edition
Lease No.: DTFA08-93—L-1
6. (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) (i) 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.
(ii) 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.
(iii) 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 lease adjustment for which the Lessor 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 Lessors 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.
7. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease,or to any
benefit to arise therefrom.
8. 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.
FAA FORM 4423-2 Page 3 (8-8I) Supersedes Previous Edition
Lease No.: DTFA08-93—L-14
9. All notices sent to the parties under the lease shall be addressed as follows:
To the Lessor: City of Redding, c/o Director of Airports
P.O. Box 496071
To the Governmengedding, California 96049-6071
Department of Transportation, Federal Aviation Administration
Real Estate & Utilities Branch, PO Box 92007 WPC
Los Angeles, California 90009-2007
10. This lease is subject to the additional provisions set forth below,or attached hereto and incorporated herein.These
additional provisions are identifed as follows:
See Page 5
IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written.
As the holder of a mortgage,dated ________________ CITY OF REDDING
---------------------------------------- , recorded in volume
------------------------------------------------------------ ___ (Lessor)
--------------------------- paw --------------------------
against the above-described premises,the undersigned ----------—__—____________________________________ _ (Lessor)
------------
hereby consents to the foregoing lease and agrees
that, if while the lease is in force the mortgage is ________-__- (Lessor)
-------------------------------------------------------
foreclosed,the foreclosure shall not void the lease.
_-----— (Lessor)
------------------------------------------------------------ -----—-------------------------------------------------
___—_ (Lessor)
(Mortgagee)
THE UNITED STATES OFsAMERICA /
By
7Ft/e ---- -----,--
_
FAA FORM 4423-2 Pg. 4(8-81) Supersedes Previous Edition
Lease No.: DTFA08-93-L-14128
10a. The airport owner agrees that any relocation, replacement, or modification of the ATCT, or
components 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 owner; except, when such improvements or changes are made at the specific request of the
Government.
In the event such relocations 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.
10b. Attachments 1 and 2 titled Property Lease Sketch and Operation Agreement for Airport
Traffic Control Tower respectively are attached to and made part of this lease.
10c. 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 Redding ATCT facility. 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 Redding
ATCT facility.
10d. Irrelevant wording on Page 1 and in Article 2 and 3 were deleted. Article 4 was deleted in
its entirety, Articles 10a, b, c, and d, and Attachments No. 1 and No. 2 were added, prior to the
execution of this lease.
Page 5
PROPOSED STAG*4 AJtm 1
VOTH AMO
TOWER NA�MOM R E.
Z
EXISTING LEASE
BOUNDARIES
AIR TRAFFIC
• � CONTROL TOWER \�
\ / Cfoil R".00")
0 0 0 0
1
I ! I
I• DESCRIPTION IS
j I APPLICABLE TO
I I : •THIS POINT
NEW OE`RTCitOUND
DU
r I
i
( FENC£
I
I � I
i � I
� d
H
r E/0 CD
I
i
OLEANDERS- .n
01 EXISTING FENCE LINE w
rtL-----------Z------ LINE. ...------------ — „ 13• FE?ICE r+
r
PLOT PLAN N
co
r ,
DTFA08-93-L-14128
OPERATION AGREEMENT FOR AIRPORT
TRAFFIC CONTROL TOWER
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
OPERATION AGREEMENT FOR AIRPORT TRAFFIC CONTROL TOWER
(Constructed by the Government)
I. THIS AGREEMENT is to be attached to and made a part of Lease
No. DTFA08-93-L-14128 between the United States of America
acting by and through the Federal Aviation Administration,
hereinafter called Government, and City of Redding, California
operating its airport known as Redding Municipal Airport
located at Redding, California , hereinafter known as Lessor, and
this said Agreement shall be executed by the parties hereto
independently of said lease to which it is a part.
II. WHEREAS, An Airport Traffic Control Tower will be or has
been erected on the leased plot by and at the expense of the
Government; and
III. WHEREAS, It is in the public interest that the said Airport
Traffic Control Tower on the above airport be operated by the
Government, subject to the availability of funds therefor, in
accordance with standards established by the Government;
IV. NOW, THEREFORE, The Lessor agrees to the following
conditions:
1. The Lessor 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 designated to be .
directly or remotely controlled from the Airport Traffic Control
Tower shall be operationally under the control of the
Government's Air Traffic Controllers, and. the Lessor 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 Lessor 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 oplaced � in operation . or 'controlled from said
Tower, or are not otherwise operated by or under the control ',of
the Government.
Attachment 2
3 . The Lessor 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 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 commencement date and
said approved schedules shall be submitted for approval no less
than thirty (30) days prior to the scheduled date for 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 Lessor in
this regard, but the Lessor shall indemnify and save harmless the
Government from and against all loss, injury, or damage and any
claims for such acts resulting from or incident to the operation
of said Tower; provided, however, the Lessor shall not be
responsible for any such acts or claims resulting from the
negligent or wrongful act or omission of any employee operating
in said Tower.
5. The Lessor, 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 Lessor, 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 improvements or changes which impair
the technical and/or operational characteristics of said Tower
and its associated facilities.
V. FURTHER, At any Airport on which said .Tower is constructed
and on which there have not been expended Federal funds under any
Federal Aid to Airports Program, the Lessor agrees to the
following additional provisions:
1. The Lessor agrees that the Airport shall be operated for
the use and benefit of the public, on fair and reasonable terms,
without unjust discrimination, and agrees that it shall not grant
or permit any exclusive right: for •the use of the Airport which is,
forbidden by Section 308 of the Federal Aviation Act of 1958 , as
amended (49 U.S.C. 1349) , or any succeeding laws or regulation on
the same subject;
2 . The Lessor agrees that in its operation of all
facilities on the Airport neither it nor any person or entity
occupying space or facilities thereon shall discriminate against
any person, or organization, or class of persons by reason of
race, color, creed, or national oricgin in the operation of any
airport facilities provided for the use of the public;
3 . As a protection to the capital investment by The United
States Government, the Lessor agrees td. continue the operation of
said Airport without reduction in runway length, for a period of
not less than twenty (20) years. The Lessor further agrees that
in the event it fails to do so it will reimburse The United
States Government the sum or $ the initial
construction cost as reimbursement for costs incurred in the
construction of the Airport Traffic Control Tower structure. It
is mutually understood and agLeed that this sum will be reduced
by 1/20 for -,every year that the Lessor does continue the
operation of the said Airport.
VI. Section V, above, &Ms does not apply to this contract.
(strike out one)
VII. Dated this, the day of 19
Lessor: City of Redding, California The United States of America
By:
f" '<
Title: Title/ Contracting Officer
Date• Date: .1"L .L
C E R T I F I C A T E
I, CERTIFY that I am the
Secretary of the corporation named as Lessor in the above
Agreement; that , who signed said Agreement
on behalf of the Lessor, was then of said
corporation; 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.
(CORPORATE SEAL)