HomeMy WebLinkAboutContract CAG-08-138
Now
NO COST LAND ON AIRPORT MEMORANDUM OF AGREEMENT
Agreement Number DTFANM-08-L-00012
This agreement is made and entered into by the City of Renton/Renton Municipal
Airport, hereinafter referred to as Airport, for itself, its successors and assigns, and the
Federal Aviation Administration,hereinafter referred to as the FAA.
WITNESSETH
WHEREAS, the parties listed above have entered into an Airport Improvement Grant
Agreement; and
WHEREAS, the parties listed above have entered into an agreement providing for the
construction, operation, and maintenance of FAA owned navigation, communication and
weather aids for the support of Air Traffic Operations; and
WHEREAS,the parties consider it desirable to work in cooperation with each other in
the technical installation and operation of air navigational aids; and
WHEREAS,both parties agree the establishment, operation, and maintenance of systems
for air traffic control, navigation, communication, and weather reporting is in the primary
interest of safety and direct support of the ongoing operation of the City of Renton/
Renton Municipal Airport.
NOW, THEREFORE, the parties mutually agree as follows:
- TER S St --
It is mutually understood and agreed that the Airport requires FAA navigation aid
facilities in order to operate their business and that the FAA requires navigation,
communication and weather aid facilities at the Airport in order to support Air Traffic
Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will
allow the FAA to construct, operate, and maintain FAA owned navigation,
communication and weather aid facilities in areas on the Airport(see List of Facilities,
attachment "A") that have been mutually determined and agreed upon for the term
commencing on October 1, 2007 and continuing though September 30, 2027. The FAA
can terminate this agreement, in whole or part at any time by giving at least(60) day's
notice in writing. Said notice shall be sent by certified or registered mail. The FAA may
use the Facilities listed in attachment A:
(a) Together with a right-of-way for ingress to and egress from the
premises; a right-of-way for establishing and maintaining pole lines or
Renton Municipal Airport DTFANM-08-L-00012
Memorandum of Agreement Page I of 7
•
under ground lines for extending electrical power and/or
telecommunications lines to the premises; including a right-of-way for
subsurface power, communication and/or water lines to the premises; all
right-of-ways to be over the area referred to as City of Renton/Renton
Municipal Airport to be routed reasonably determined to be the most
convenient to the FAA and as not to interfere with Airport operations.
The Airport shall have the right to review and comment on plans covering
access and utility rights-of-way under this paragraph and the FAA shall
consider those recommendations, in accordance with 40 USC 3312.
(b) And the right to 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 navigational aid systems. The Airport
shall have the right to review and comment on plans covering work
permitted under this paragraph and the FAA shall consider those
recommendations, in accordance with 40 USC 3312.
(c) And the rights to make alterations, attach fixtures, and erect additions,
structures or signs, in direct support of the Airport. The Airport shall have
the right to review and comment on plans covering work permitted under
this paragraph and the FAA shall consider those recommendations, in
accordance with 40 USC 3312.
(d) And the right to park, without cost, all official and privately owned
vehicles used for the maintenance and operation of the air navigational
facilities. Parking shall be provided adjacent to the navigational aid
facility or as near as possible without interfering with the operation of the
Airport and the FAA shall consider those recommendations, in accordance
with 40 USC 3312.
2. CONSIDERATION:
The FAA shall pay the Airport no monetary consideration, it is 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 navigational aid facilities upon
the premises.
3. PURPOSE:
It is understood and agreed that the use of the herein described premises,known as, City
of Renton/Renton Municipal Airport, shall be related to the FAA's activities in support
of Air Traffic operations.
Renton Municipal Airport DTFANM-08-L-00012
Memorandum of Agreement Page 2 of 7
4. FAA FACILITIES:
The FAA facilities covered by this agreement are identified on the attached FAA"List of
Facilities"and as shown on attachment B.
5. TITLE TO IMPROVEMENTS:
Title to the improvements constructed for use by the FAA during the life of this
agreement shall be in the name of the FAA.
6. HAZARDOUS SUBSTANCE CONTAMINATION:
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on
the FAA facility premises that is found to have occurred as a direct result of the
installation, operation,relocation and/or maintenance of the FAA's facilities covered by
this agreement. The Airport agrees to remediate or have remediated at its sole cost, any
and all other hazardous substance contamination found on the FAA facility premises.
The Airport also agrees to save and hold the U. S. Government harmless for any and all
costs, liabilities and/or claims by third parties that arise out of hazardous contamination
found on the FAA facility premises that are not directly attributable to the installation,
operation and/or maintenance of the facilities on the attached FAA"List of Facilities."
7. INTERFERENCE WITH FAA OPERATIONS:
The Airport agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature within the Airport's boundaries that may interfere with the
proper operation of the navigational aid facilities installed by the FAA, as it is not in the
best interest_of the Airport or FAA._
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES:
The Airport agrees that any relocation, replacement, or modification of any existing or
future FAA's navigational aid systems made necessary by Airport improvements or
changes, which interferes with the technical and/or operational characteristics of the
facility, will be at the expense of the Airport, with the exception of any such
improvements or changes which are made at the request of the FAA. In the event such
relocations, replacements, or modifications are necessary due to causes not attributable to
either the Airport or the FAA, funding responsibility shall be determined by mutual
agreement between the parties.
Renton Municipal Airport DTFANM-08-L-00012
Memorandum of Agreement Page 3 of 7
9. RESTORATION:
The Government shall surrender possession of the premises upon the date of expiration or
termination of this lease. If the Lessor provides written notice,prior to the date of
expiration or termination,requesting 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:
(a) 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,
(b)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.
(c) In the event that the Government has to pay for restoration, such payments
will not entail expenditures which exceed appropriations available at the time of the
restoration.
(d)Nothing in the contract may be considered as implying that congress will, at a
later date, appropriate funds sufficient to meet the deficiencies.
10. NOTICES:
All notices/correspondence shall be in writing,reference the Agreement number, and be
____ addressed as follows: --- ---__
CITY OF RENTON/RENTON MUNICIPAL AIRPORT
ATTN: RYAN ZULAUF—AIRPORT MANAGER
606 WEST PERIMETER ROAD UNIT A
RENTON, WA 98057
FEDERAL AVIATION ADMINISTRATION
ATTN: REAL ESTATE,ANM-53
1601 LIND AVE S.W.
RENTON , WA 98057
11. Previous Lease(s)/Agreement(s)
This agreement supersedes Land Lease number DTFA111-81-L-00115. Land Lease
DTFA111-81-L-00115 is hereby terminated.
Renton Municipal Airport DTFA.NM-08-L-0001.2
Memorandum of Agreement Page 4 of 7
.
12. The following clauses are incorporated by reference: The full text of these clauses
can be found via Internet at Land On-Airport Lease.
1. OFFICIALS NOT TO BENEFIT(10/96)
2. COVENANT AGAINST CONTINGENT FEES (8/02)
3. ANTI-KICKBACK(10/96)
13. SIGNATURES :
The City of Renton and the FAA hereby agree to the provisions outlined in this
agreement as indicated by the signatures herein below of their duly authorized
representative(s).
CITY OF RENTON UNITED STATES OF AMERICA,
a Municipal Corporation FEDERAL AVIATION ADMINISTRATION
Al" v\Aczmiad
Mayor, Denis Law Title: _
Date: VrQr Date: • ?/?%
ATTEST:
Nige/t/Aze.:4. Waiter-
City Clerk, Bonnie Walton
9-bo -A 'O?
Date
Apprile as to •
dr
City Attorney, Lawrence J. Warren
Renton Municipal Airport DTFANM-08-L-00012
Memorandum of Agreement Page 5 of 7
w
Dated: August 13, 2007
List of Facilities (Attachment"A")
MEMORANDUM OF AGREEMENT
#DTFANM-08-L-00012
CITY OF RENTON/RENTON MUNICIPAL AIRPORT
R/W GSA
Control
umbe ATID Facili Number Number Comments
RNT ASOS Su, .ort 53598
RNT RTR Su. sort 53092
101111MMIIIIIIIIIIIMMI MIN
MEI
Renton Municipal Airport DTFANM-08-L-00012
Memorandum of Agreement Page 6 of 7
r
x ra
r$ r {
-4,7 gy 1 ` ,
•s s k ff
� o- g
( &
v4(:--#..; Y N+•----k.,4\
0
0
9
°„,..4a..„:',,,•' 1¢y s 7b Q
1. EE o so
■ : 1,:\ !*11 li:') )lift, r 1Piit: 1 .5 I4
ili 1
4 1 i� "if'
\11.11:1 _ -i-,'...7- ''-'".: 7*. ''':°;,:''''',3-0: :- t- '--- --- - - ------ - --
i - ' 1r ,.
i
IQ
.,{y ,
Ir -L