Loading...
HomeMy WebLinkAbout10063RESOLUTION NO. 10063 A RESOLUTION APPROVING NO COST LAND LEASE NO. DTFANM -04 -L -00023 FOR AN AIR SURVEILLANCE RADAR 11 (ASR -11) SITE AT PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Land Lease Agreement, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and the U.S. Department of Transportation Federal Aviation Administration, relating to No Cost Land Lease No. DTFANM -04 -L -00023 covering the lease of land for an Air Surveillance Radar 11 (ASR -11) site located at Pueblo Memorial Airport is hereby approved, subject to the conditions as set forth in said Land Lease Agreement. SECTION 2. The President of City Council is hereby authorized to execute said Land Lease Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED February 23, 2004 BY Michael Occhiato Councilperson /� APPROVED: o" f PRESI ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION 1&0 , # i oo&3 AGENDA ITEM # q DATE: February 23, 2004 DEPARTMENT: AVIATION - DANIEL E. CENTA P.E. TITLE A RESOLUTION APPROVING A NO COST LAND LEASE NO. DTFANM -04 -L- 00023 FOR AN AIR SURVEILLANCE RADAR 11 (ASR -11) SITE AT PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a Land Lease Agreement between the City and the USDOT FAA for an Air Surveillance Radar 11 (ASR -11) site. RECOMMENDATION Approval of this Resolution. BACKGROUND The FAA would like to upgrade the Air Surveillance Radar (ASR) from the ASR -7 that is currently being used to an ASR -11. The new location is on the easterly side of the airport and is better suited for this newer radar technology. This lease covers the land site (.897 acres), a utility right of way easement (2.33 acres), and a road right of way (ingress /egress) easement (.49 acres). The lease becomes effective upon signature and expires September 30, 2021. FINANCIAL IMPACT There is no financial compensation for this lease as it is considered to be beneficial to the flying public. The FAA will install, operate and maintain the radar facilities. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION LAND LEASE ON AIRPORT Lease No: DTFANM -04 -L -00023 No Cost Land Lease Pueblo Memorial Airport Pueblo, Colorado PUB Air Surveillance Radar 11 (ASR -11) THIS LEASE is hereby entered into by Pueblo Memorial Airport whose address is Pueblo Memorial Airport, Department of Aviation, 31201 Bryan Circle, Pueblo, Colorado 81001 hereinafter referred to as the Lessor and the United States of America, herein after referred to as the Government, also know as the Federal Aviation Administration (FAA). This lease shall become effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein, bind the Lessor and the Lessor's administrators, successors, and assigns. WITNESSETH: The parties hereto, for the consideration hereinafter mentioned covenant and agree as follows: PREMISES The Lessor hereby leases to the FAA the following described property, hereinafter referred to as the premises, viz: Utility Right of Way to the ASR -11 Land Site Easement "A ": A tract or parcel of land in the North 1/2 of Section 30 and Section 19 Township 20 South, Range 63 West, of the 6`" Principal Meridian, in the County of Pueblo, State of Colorado, said tract or parcel being more particularly as follows; and Thence North 03° 07'09" East, 2592.00 feet; and Thence North 13 32' 38" East, 2488.79 feet to Point of Terminus (Ending). Containing 101,188 square feet or 2.33 acres, more or less. DTFANM-04 -L -00023, Pueblo Memorial Airport ASR -11 Land Site for ASR -11. Easement "B ": A tract of parcel of land in the North 1/2 of Section 19, Township 20 South, Range 63 West of the 6th Principal Meridian, in the County of Pueblo, State of Colorado, said tract or parcel being more particularly described as follows: Beginning at a point from which point of the West 1/4 corner of said section 30 bears South 19 28'20" West, a distance of 6850.83 feet; and Thence North 43 23'09" East, 130.00 feet; and Thence North 46° 36' 51" West, 300.00 feet; and Thence South 43 23'09" West, 130.00 feet; and Thence South 46 36'51" East, 300.00 feet to the Point of Beginning. Containing 39,000 square feet or .897 acres, more or less. Road Right of Way. Ingress /Egress to ASR -11 Land Site. Easement "C ": A tract or parcel of land in the North 1/2 Section of 19, Township 20 South, Range 63 West, of the 6'" Principal Meridian. In the county of Pueblo, State of Colorado, said tract or parcel being more particularly described as follows: A Centerline easement being 20 feet in width beginning at a point from which point of the West 1/4 comer of said Section 30 bears South 17 16' 36" West, a distance of 6,999.29 feet, said point being the Point Of Beginning; and Thence North 46 36' 51" West, a distance of 453.46 feet to the beginning of a tangent curve to the right having a radius of 100.00 feet; and Thence through said curve having a central angle of 90 00'00" distance of 157.08 feet; and Thence North 43 23'09" East, 106.18 feet to the Point of Terminus (Ending). Containing 21,502 square feet or .49 acres more or less. 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(s) or buried lines for the extension of 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 (utilities); all rights -of -way to be over 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 FAA. 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 the FAA ASR -11 within the prescribed easements of "A ", "B" and "C ", herein attached as "ASR -11 Radar Site Plan, Pueblo Memorial Airport, Pueblo County' drawing. 61 DTFANM-04 -L -00023, Pueblo Memorial Airport ASR -11 C. And the right to make alterations, attach fixtures and erect additions, structures or signs, in or upon the premises here by leased, which alterations, fixtures, additions, structures or signs so place in or upon, or attached to the said premises shall be and remain the property of the FAA. Any construction here within shall be submitted to the Department of Aviation for approval in writing within Easements "A" "B" and "C ". No request shall be unreasonably denied. 2. TERM The FAA shall notify the Lessor, not later than sixty (60) days before the expiration of the currently effective lease term, of it's intent to exercise holdover months as a lease option not to exceed twelve (12) months for each option of the holdover year after the expiring date of the lease until a negotiated lease has been signed between the parties in terms not to exceed twenty (20) years, covered by such option, or its intent to vacate the premises at the end of the current lease term. The FAA will send to the Lessor written documentation of the exercise of any of the options herein. 3. RENEWAL OPTIONS The FAA shall notify the lessor, not later than sixty (60) days before the expiration of the currently effective lease term, of its intent to exercise its option to extend the lease for the period covered by such option, or its intent to vacate the premises at the end of the current lease term. The FAA will send to the lessor written documentation of the exercise of any option. 4. DAY -TO -DAY LEASE EXTENSION The FAA may continue to occupy the premises for not to exceed 120 days after the end of the occupancy period covered by the basic lease term and any options that have been exercised and or negotiated by the Real Estate Contracting Officer through the authority of the Pueblo Memorial Airport. 5. CONSIDERATION: The FAA shall pay the Lessor no monetary consideration in the form of rental, it being 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 facilities upon the premises hereby leased. 6. CANCELLATION The FAA may terminate this lease, in whole or in part, if the Real Estate Contracting Officer (RECD) determines that a termination is in the best interest of the FAA. The RECO shall terminate by delivering to the lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by registered mail, return receipt requested and mailed at least (60) sixty days before the effective termination date. 7. INTERFERENCE WITH GOVERNMENT /FAA 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 FAA under the terms of this Lease unless consent hereto shall first be secured from the FAA in writing. DTFANM -04-L -00023, Pueblo Memorial Airport ASR -11 The FAA requires the Lessor to maintain a building restriction zone within 1500 ft of the ASR -11. This restriction zone limits the height of the new buildings to be below the elevation of the radar deck. Finished ground elevation of the radar site is 4722 Mean Sea Level (MSL). The Radar Support System (RSS), a tower height of 27 feet and the finished elevation of the radar deck is 4749 MSL. Any structures within the 1500 -ft restriction zone shall be below the 4749 MSL elevation or in other words, a height not to exceed 27 feet. All structures within the 1500 -ft restriction zone shall not have metal roofs or reflective metal siding and cannot exceed a height of 27 feet. If construction is planned in this restriction zone, the design contractor will submit a "Notice of Proposed Construction or Alteration form" (FAA form 7460 -1) to the appropriate FAA Airport District Office. FAA 7460 -1 process is to evaluate the designs and siting criteria of the proposed building construction. These offices may require design changes to mitigate the effect of the construction on the FAA ASR -11. An example of a design change is to change the orientation of the building, use non - reflective materials and non - reflective glass. Any future construction in the restriction zone is required to submit the FAA 7460 -1. Notification of construction shall also be given to the tower authority or the FAA Airways Facility office at the Rocky Mountain System Management Office, Longmont, Colorado. 8. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES The Lessor agrees that any relocation, replacement, or modification of any existing or future FAA facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the FAA's opinion interfere with the technical and /or operational characteristics of the FAA facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the FAA. In the event such relocation's, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the FAA, funding responsibility shall be determined by the FAA. 9. 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 defend the FAA's use and enjoyment of said premises against third party claims. 10. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT : The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subornation shall not interfere with any right of the FAA under this lease. It is mutually agreed that this subordination shall be self operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the FAA will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the lessor under this lease, establishing direct privity of estate and contract between the FAA and said purchasers /transferees, with the same force, effect 4 DTFANM -04 -L -00023, Pueblo Memorial Airport ASR -11 and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the FAA; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 11. NOTIFICATION OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises, they shall immediately notify the FAA, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the "change in property rights ". Concurrent with the written notification, the Lessor shall provide the FAA copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 12. NOTICES: All notices /correspondence shall be in writing, DTFANM -04 -L -00000 be addressed as follows: TO LESSOR: Pueblo Memorial Airport Department of Aviation 31201 Bryan Circle Pueblo, Colorado 81001 (719) 553 -2760 TO GOVERNMENT: FAA, ANM -53R 1601 Lind Avenue SW Renton, Washington 98055 (425) 227 -2945 Contracting Officer (425) 227 -2050 Logistics Division 13. CONTRACT DISPUTES: (a) All contract disputes and arising under or related to this lease contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. 61 DTFANM -04 -L -00023, Pueblo Memorial Airport ASR -11 (b) All Contract Disputes shall be in writing and shall be filed at the following address: (1) Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation Administration, 800 Independence Ave, S.W., Room 323, Washington, DC 20591, Telephone: (202) 267 -3290, Facsimile: (202) 267 -3720 (c) A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. The full text can be found via Internet in FAA ORDA, under Contract Dispute Full Clause The full text of the Contract Protest clause is incorporated by reference. The full text can be found via Internet in FAA ORDA, under Protest Full Clause. 14. 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 Government or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 15. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or 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 without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 16. OFFICIALS NOT TO BENEFIT 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. 17. NON - RESTORATION: The FAA shall negotiate with the Lessor a reasonable and fair consideration to restore and /or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the FAA may abandon in place any or all of the structures, improvements and /or equipment installed in or located upon said property by the FAA during its tenure for either benefit of the FAA or the Lessor. Notice of abandonment will be conveyed to the Lessor in writing. DTFANM-04 -L -00023, Pueblo Memorial Airport ASR -11 18. HAZARDOUS SUBSTANCE CONTAMINATION The FAA 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 ASR -11 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 FAA 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 ASR -11 facility. 19. EXAMINATION OF RECORDS The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 20. SIGNATURE BLOCK IN WITNESS WHEREOF, the parties hereto have signed their names: LESS R: Date: February 23, 2 004 (Si a Randy Thurston President of City Council (Official Title) UNITED STATES OF AIVXRICA - Federal Aviation Administration: (Signature) Bernie Games - Realty Contracting Officer Date: February 4. 2004 (Official Title) For the City of Pueblo STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 23rd day of February, 2004, by Randy Thurston as President of the City Council of Pueblo, a Colorado Municipal Corporation. 7 Witness my hand and official seal. My commission expires: %- 18 -0 Notary ublic IV I "4Z w `Ifs IN f, LXI STING DA S R (ASR-7) SITE � 0 �� t * { n - app , { r `"e 4 PROPOSED (AS[- 1) SITE Al Ir . lt6 7L ks. 7 t.'m,