HomeMy WebLinkAboutLease LAG-04-002
ATCT Renton,Washington
FEDERAL AVIATION ADMINISTRATION
LEASE FOR REAL PROPERTY
LEASE NUMBER
DTFANM-03-L-00150
Date of Lease:
1. THIS LEASE,entered into by and between City of Renton,whose interest in the property
hereinafter described is that of owner,hereby referred to as LESSOR,and the United States of America,
hereinafter referred to as the GOVERNMENT OR FAA:WITNESSETH: The Parties hereto, and for the
consideration hereinafter mentioned,covenant and agree as follows:
2. DESCRIPTION OF PREMISES -The LESSOR hereby leases to the GOVERNMENT the
following described premises: 1,717 net usable square feet of space on the main, second,third,fourth and
fifth floors of the Air Traffic Control Building,with the location address of Renton Municipal Airport, 616
West Perimeter Road,Renton,WA 98055-1348. This 1,717 square feet is comprised of the following(see
Attachment C):
Room Name Floor No. Area(Sq.Ft.)
Ready and training room 4 218
Telco equipment room 1 (NW Corner) 71
ATCT Chiefs office 2 126 ofieNAL
Administrative area 2 165 Training room 2 58
Storage 2 95
Equipment room 3 479
Kitchen 4 181
Tower Cab 5 324
Total 1,717
The Government will also be allowed twenty-four hour a day access to the 1st floor equipment room
(where the electrical control panels are located)located in the City's Airport Office.
Two on-site parking spaces for Government vehicles shall also be provided as part of the lease.
3. TERM-To have and to hold,for the term commencing on January 1,2003,and continuing
through January 30,2014 inclusive,PROVIDED,that adequate appropriations are available from year to
year for the payment of rentals.
This Lease succeeds Lease Number DTFA11-91-L-00073,which expired on December 31,2002.
4. PURPOSE-Use of Premises: The Premises are leased to the GOVERNMENT for the following
described purpose:
4a. The control of air traffic for Renton Municipal Airport,in accordance with the Airport
Minimum Standards for Aeronautical Activities.
4b. Continuous Use: GOVERNMENT covenants that the premises shall be continuously used for
those purposes during the term of the lease,shall not be allowed to stand vacant or idle,and shall not be
used for any other purpose without LESSOR's written consent first having been obtained. Consent of
LESSOR to other types of activities will not be unreasonably withheld.
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ATCT Renton,Washington
DTFANM-03-L-00150
5. CANCELLATION-Either party may terminate this lease at any time,in whole or in part, if
either party determines that it is in the best interest of the Government or the LESSOR,by giving at least
thirty(30)days notice in writing to the other party. No rental shall accrue after the effective date of
termination. Said notice shall be computed commencing with the day after the date of mailing. Should the
LESSOR elect to terminate this lease,then Air Traffic Control Services will no longer be required and the
government's obligation to provide those services are also terminated at the same time as the termination of
the lease.
6. RENTAL
A. INITIAL RENT- Annual rent in the amount of TWENTY-FIVE THOUSAND, SEVEN
HUNDRED FIFTY-FIVE AND NO/100 DOLLARS($25,755.00)shall be payable to the LESSOR in
arrears at the end of each month,in the amount of$2,146.25, and will be due on the first workday of each
month,without the submission of invoices or vouchers. Rent shall be considered paid on the date a check
is dated or an electronic funds transfer is made. Rent for a period of less than a month shall be prorated.
Checks will be made payable to: City of Renton, 1055 S. Grady Way,Renton,WA 98055-1348. Rental for
the premises shall be broken down as follows:
Base Rent: 1,717 sq.ft. @$12.00*/sq ft $20,604.00
Services: 1,717 sq. ft. @$3.00/sq ft $5,151.00
Annual Amount$25,755.00
Monthly Amount $2,146.25
*Base Rent includes$5.52 for HVAC and Copper Tubing(potable water line)improvements. This amount
shall remain as part of the base rent until the period beginning October 1,2015.
B. RENTAL ADJUSTMENT DATE- Effective as of January 1,2002, the starting date of this
lease,and every three(3)years thereafter,said rental rate as herein specified shall be readjusted by and
between the parties to be effective for each ensuing three(3)year period.
Rental increases will be at 3%for each three(3)year period as follows:
Jan 2002 thru Jan 2005 $25,755.00
Jan 2005 thru Jan 2008 $26,528.00
Jan 2008 thru Jan 2011 $27,324.00
Jan 2011 thru Jan 2014 $28,144.00
In addition,beginning with the annual term of October 1,2004—September 30,2005,the cost of services
may be adjusted upward or downward. Adjustments will be effective at the beginning of each year that the
lease is renewed,provided that the LESSOR submits a written notice 60 days in advance of the renewal
date(August 1st of each year)and provided also that the LESSOR supplies documentation that actual costs
have exceeded the current rates.
C. PERIODIC RENTAL ADJUSTMENTS- LESSOR and GOVERNMENT do hereby agree
that the annual Base Rent of TWELVE DOLLARS AND NO/100 DOLLARS($12.00)per square foot per
year and THREE DOLLARS($3.00)per square foot per year for services shall remain in effect until
January 1,2005 and effective as of that date the rental rate shall automatically be readjusted by and
between the parties as specified in paragraph 6B.
D. CONTRACT DISPUTES- 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
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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.
(6D 1) All Contract Disputes shall be in writing and shall be filed at the following
address:
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
(6D2) 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 at Contract Dispute Full Clause.
E. EMERGENCY RESPONSE- GOVERNMENT must provide reasonable access and
response to the Airport Manager in times of emergency or urgency.
F. LATE PAYMENT CHARGE- It is hereby further agreed that if such rental is not paid
before the 10th of each month,then there will be added a late payment charge of 5%per month for each
month of delinquency until paid. It is agreed that this late payment charge is a reasonable estimate of the
increased costs to the city of the staff effort to monitor and collect late payments,as well as related city
expenses due to such late payment. If any check received by LESSOR is returned unpaid for any reason,
LESSOR reserves the right to make an additional charge up to the maximum amount allowed by law.
7. SERVICES AND UTILITIES
(To be provided by LESSOR as part of rent. Services shall be Building Standard,unless level of service is
prescribed in Attachment A.)
Services,utilities,and maintenance will be provided daily. Services supplied to technical equipment shall
be supplied 24 hours a day,and seven days a week.The GOVERNMENT shall have access to the leased
premises at all times,including the use of electrical services,toilets,lights, ,and GOVERNMENT office
machines without additional payment. The following checked boxes reflect the services that the LESSOR
will provide to the GOVERNMENT for the leased premises:
HEAT ONLY
ELECTRICITY—Operation of lights,computers,and office machines.
® WATER(hot&cold)
® SNOW REMOVAL Removal of snow and ice from the entrances,exterior walks,and
parking areas around the premises(during the hours of normal airport operation).
® Trash Removal
• HVAC—Temperatures between 65 and 70 degrees Fahrenheit during the heating season.*
Air conditioning(for the tower cab only)sufficient to maintain temperatures between 76 and
80 degrees Fahrenheit during the cooling season.*
El GROUND MAINTENANCE—Landscape plants and lawn.
El INITIAL&REPLACEMENT LAMPS,TUBES, &BALLASTS
® PAINTING—Frequency: every five years for interior leased premises.
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® OTHER(SPECIFY): *Both heating and cooling(where applicable)temperatures must be
maintained throughout the leased premises and service areas,regardless of outside temperatures,
during the Government's hours of operation;Exterior and interior door lock hardware, designed to
accept 7-pin"Best Lock"removable cores;Extermination and control of pests within the
premises;Access to and use of main entry lobby and common hallways;monitoring of the fire
alarm system,including maintenance and annual inspection of the system panel,and the fan
system for stairwells.
8. GENERAL CLAUSES:
A. INSPECTION-The GOVERNMENT reserves the right,at any time after the Lease is signed
and during the term of the Lease,to inspect only the leased premises and all other common areas of the
building to which access is necessary to ensure a safe and healthy work environment for the
GOVERNMENT tenants and the LESSOR's performance under this lease. The GOVERNMENT shall
have the right to perform sampling of suspected hazardous conditions.
B. DAMAGE BY FIRE OR OTHER CASUALTY-If the building or structure is partially or
totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found
to exist so that the leased premises is untenantable as determined by the GOVERNMENT,the
GOVERNMENT may terminate the Lease,in whole or in part,immediately by giving written notice to the
LESSOR and no further rental will be due.
C. MAINTENANCE OF THE PREMISES-The LESSOR shall maintain the demised
premises,including the building,grounds,and all equipment,fixtures,and appurtenances furnished by the
LESSOR under this Lease,in good repair and tenantable condition,except in case of damage arising from
the act or the negligence of the Government's agents or employees. For the purpose of so maintaining said
premises and property,the LESSOR may at reasonable times,and with the approval of the authorized
Government representative in charge,enter and inspect the same and make any necessary repairs thereto.
D. FAILURE IN PERFORMANCE-In the event the LESSOR fails to perform any service,to
provide any item,or meet any requirement of this Lease,the GOVERNMENT may perform the service,
provide the item,or meet the requirement,either directly or through a contract. The GOVERNMENT may
deduct any costs incurred for the service or item,including administrative costs,from the rental payments.
No deduction of rent pursuant to this clause shall constitute default by the GOVERNMENT on this Lease.
E. DEFAULT BY LESSOR-(1)Each of the following shall constitute a default by LESSOR
under this Lease: (a)If the LESSOR fails to perform the work required to deliver the leased premises ready
for occupancy by the GOVERNMENT with such diligence as will ensure delivery of the leased premises
within the time required by the lease agreement,or any extension of the specified time. (b)Failure to
maintain,repair,operate or service the premises as and when specified in this Lease,or failure to perform
any other requirement of this Lease as and when required provided such failure which shall remain uncured
for a period of time as specified by the Real Estate Contracting Officer,following LESSOR's receipt of
written notice thereof from the Real Estate Contracting Officer. (c)Repeated failure by the LESSOR to
comply with one or more requirements of this Lease shall constitute a default notwithstanding that one or
all failures shall have been timely cured pursuant to this clause. (2)If default occurs,the GOVERNMENT
may,by written notice to the LESSOR,terminate the Lease in whole or in part.
F. DEFAULT BY LESSEE-(1)Each of the following shall constitute a default by the
Government under this Lease: (a)If the Government fails to pay the applicable rents and charges(b)
damages the building,(c)neglects to maintain the air traffic control functions necessary for safe flight or
(d)fails to comply with any requirements of this lease
G. COMPLIANCE WITH APPLICABLE LAWS-The LESSOR shall comply with all
federal, state and local laws applicable to the LESSOR as owner or LESSOR,or both,of building or
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ATCT Renton,Washington
DTFANM-03-L-00150
premises,including,without limitation, laws applicable to the construction,ownership,alteration or
operation of both or either thereof,and will obtain all necessary permits,licenses and similar items at
LESSOR's expense. This Lease shall be governed by Federal law.
H. ALTERATIONS-The GOVERNMENT shall have the right during the existence of this
Lease to make alterations,attach fixtures,and erect structures or signs in or upon the premises hereby
leased,which fixtures,additions or structures so placed in,on,upon,or attached to the said premises shall
be and remain the property of the GOVERNMENT and may be removed or otherwise disposed of by the
GOVERNMENT subject to the LESSOR's approval not to be unreasonably withheld. Upon completion
of capital improvements made on the Premises,it is the GOVERNMENT's responsibility to promptly
notify LESSOR of such completion(see Restoration clause#C2-Attachment A).
I. ACCESSIBILITY-The Building and the leased premises shall be accessible to the
handicapped in accordance with FED-STD-795,the Uniform Federal Accessibility Standards(41 CFR 101-
19.6,App.A)and all applicable state and local accessibility laws and regulations.
J. 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.
K. 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.
L. 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.
M. 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.
N. ASSIGNMENT OF CLAIMS-Pursuant to the Assignment of Claims Act,as amended,31
USC 3727,41 USC 15,the LESSOR may assign his rights to be paid under this Lease.
O. SUBORDINATION,NONDISTRUBANCE AND ATTORNMENT(10/96)-The
GOVERNMENT 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
GOVERNMENT under this Lease. The Parties hereto 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
GOVERNMENT 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 GOVERNMENT and said
purchasers/transferees,with the same force,effect and relative priority in time and right as if the Lease had
initially been entered into between such purchasers or transferees and the GOVERNMENT;provided that
such transferees shall promptly provide,following such sale or transfer,appropriate documentation deemed
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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.
P. 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.
Q. NO WAIVER-No failure by the either party to insist upon strict performance of any
provision of this Lease,or failure to exercise any right, or remedy consequent to a breach thereof, shall
constitute a waiver of any such breach in the future.
R. INTEGRATED AGREEMENT-This Lease,upon execution,contains the entire agreement
of the parties,and no prior written or oral agreement,express or implied shall be admissible to contradict
the provisions of this Lease.
S. EQUAL OPPORTUNITY - The LESSOR shall have on file affirmative action programs
required by the rules and regulations of the Secretary of Labor(41 CFR 60-1 and 60-2).
T. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA
VETERANS-The LESSOR agrees to comply with the rules,regulations,and relevant orders of the
Secretary of Labor(Secretary)issued under the Vietnam Era Veterans'Readjustment Assistance Act of
1972(the Act),as amended. If the LESSOR does not comply with the requirements of this clause,
appropriate actions may be taken under the rules,regulations,and relevant orders of the Secretary issued
pursuant to the Act.
U. AFFIRMATIVE ACTION FOR DISABLED WORKERS-The LESSOR agrees
to comply with the rules,regulations,and relevant orders of the Secretary of Labor(Secretary)
issued under the Rehabilitation Act of 1973 (29 USC 793)(the Act),as amended. If the LESSOR does not
comply with the requirements of this clause,appropriate actions may be taken under the rules,regulations,
and relevant orders of the Secretary issued pursuant to the Act.
V. LIMITATION UPON LESSOR'S LIABILITY- LESSOR shall not be liable for any
damage to property or persons caused by,or arising out of any act or omission of any GOVERNMENT or
other occupants of the building,or their agents, servants,employees or invitees thereof.
W. RIGHT OF INSPECTION- GOVERNMENT will allow LESSOR,or LESSOR's agent,
free access at all reasonable times to the Premises for the purpose of inspection,or of making repairs,
additions or alterations to the Premises,or any property owned by or under the control of LESSOR.
X. HOLDING OVER- If,without execution of any extension or renewal of this lease
GOVERNMENT should remain in possession of the premises after expiration or termination of the term of
this lease,then GOVERNMENT shall be deemed to be occupying the Premises as a tenant from
month-to-month. All the conditions,terms,and provisions of this lease,insofar as applicable to a
month-to-month tenancy, shall likewise be applicable during such period.
Y. NO WAIVER- It is further covenanted and agreed between the parties hereto that no waiver
by LESSOR of a breach by GOVERNMENT of any covenant,agreement,stipulation,or condition of this
lease shall be construed to be a waiver of any succeeding breach of the same covenant,agreement,
stipulation,or condition,or a breach of any other covenant agreement, stipulation,or condition. The
acceptance by the LESSOR of rent after any breach by the GOVERNMENT of any covenant or condition
by GOVERNMENT to be performed or observed shall be construed to be payment for the use and
occupation of the premises and shall not waive any such breach or any right of forfeiture arising therefrom.
Z. NOTICES- All notices under this lease shall be in writing and delivered in person,with
receipt therefor,or sent by certified mail,in the case of any notice unto LESSOR, at the following address:
Airport Manager
616 West Perimeter Road
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ATCT Renton,Washington
DTFANM-03-L-00150
Renton,Washington 98055
and in case of any notice unto GOVERNMENT shall be sent to:
Federal Aviation Administration
1601 Lind Ave SW
Renton,WA 98055,
ANM-53R
AA. CAPTIONS- Article and paragraph captions are not a part hereof.
BB. ENTIRE AGREEMENT- This Lease contains all agreements of the parties with respect to
any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be
effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the
modification.
CC.CUMULATIVE REMEDIES- No remedy or election hereunder shall be deemed exclusive,
but shall wherever possible,be cumulative with all other remedies at law or in equity.
DD.TRANSFER OF PREMISES BY LESSOR- In the event of any sale,conveyance,transfer
or assignment by LESSOR of its interest in the Premises,LESSOR shall be relieved of all liability arising
from this Lease and arising out of any act,occurrence or omission occurring after the consummation of
such sale,conveyance,transfer or assignment. The LESSOR's transferee shall be deemed to have assumed
and agreed to carry out all of the obligations of the LESSOR under this Lease,including any obligation
with respect to the return of any security deposit. With the exception of anything specified in the buy sell
agreement.
9. NET USABLE SPACE. Net usable space is the method of measurement for the area for which the
Government will pay a square foot rate. It is determined as follows:
If the space is on a single tenancy floor,compute the inside gross area by measuring between the
inside finish of the permanent exterior building walls or from the face of the convectors(pipes or other
wall-hung fixtures)if the convector occupies at least 50 percent of the length of exterior walls.
If the space is on a multiple tenancy floor,measure from the exterior building walls as above and
to the room side finish of the fixed corridor and shaft walls and/or the center of tenant separating partitions.
In all measurements,make no deductions for columns and projections enclosing the structural
elements of the building and deduct the following from the gross area including their enclosing walls: rest
rooms and lounges, stairwells,elevators and escalator shafts,building equipment and service areas,
entrance and elevator lobbies,stacks and shafts,and corridors in place or required by local codes and
ordinances.
10. INTERFERENCE WITH GOVERNMENT OPERATIONS. The LESSOR shall,upon notice by
the Government,immediately cease any operation or alleviate any physical confrontation that has or may
cause interference with the Government's facility.
11. FUNDING RESPONSIBILITY FOR GOVERNMENT 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
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DTFANM-03-L-00150
necessitated due to causes not attributable to either the LESSOR or the Government, funding responsibility
shall be determined jointly by the LESSOR and the Government.
12. DISPLAY ADVERTISING. If the leased premises are solely for Government use,no advertising
matter shall be constructed on or over the premises,unless authorized by the Contracting Officer.
13. INSTALLATION OF ANTENNA,CABLES AND OTHER APPURTENANCES. The
Government shall have the right and privilege to install,operate and maintain antennas,wires and their
supporting structures including any linking wires,connecting cables and conduits atop and within the
Control Tower building and Control Tower grounds,as deemed necessary by the Government.
14. INSPECTION OF PREMISES. At all times after receipt of offers,prior to or after acceptance of any
offers,or during any construction,remodeling,or renovation work,the premises and the building or any
parts thereof,upon reasonable and proper notice,must be accessible for inspection by the Contracting
Officer,or by architects,engineers,or other technicians representing him,to determine whether the
essential requirements of the solicitation or the lease requirements are met. Additionally,the Government
reserves the right,upon reasonable notice,to inspect and perform bulk sampling and analysis of suspected
asbestos containing materials and to monitor the air for asbestos fibers in the space offered or under lease
as well as other areas of the building deemed necessary by the Contracting Officer. Also,the Government
shall have the right to inspect the premises for any leaks,spills,or other potentially hazardous conditions,
which may involve tenant exposure to Polychlorinated Biphenyls(PCBs).
15. ATTACHMENTS
❑ See herein attached-Attachment"A"—Additional Lease Provisions and Attachment"B" -Central
Station Fire Alarm Monitoring,and Attachment C—Government Leased Area.
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IN WITNESS WHEREOF, the parties hereto have signed their names:
GOVERNMENT: LESSOR:
THE CITY OF RENTON
a Washington municipal
corporation
b 1 PA r: by Kathy Keolker-Wheeler
._A.Aits: 0 i(Lt4C T�A
a c C ryor �`"
Date: 411 1 ?(of Date: y' L i • C14
ATTEST: f `.
60,44-1...e:6..k C t
Bonnie Walton
City Clerk
Date: �`-a16-ot067`
Ap , ved as to legal form:
pz91I-7/42,1--r-,A-C2-4.---
Lawrence
G. Warren
City Attorney
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ATTACHMENT A
Lease Number
DTFANM-03-L-00150
I. SECTION A-SERVICES, UTILITIES, AND MAINTENANCE
A 1-Grounds Maintenance
The LESSOR shall maintain in good condition landscape plants and lawns. The LESSOR shall also
remove snow and ice from the entrances,exterior walks and parking areas around the premises,prior to and
during the Government's normal operating hours.
II. SECTION B -SAFETY AND FIRE PREVENTION
B1-Fire and Safety Requirements
All NFPA Standards addressed in this section reference the current edition of NFPA in place at the signing
of this contract. At any point when construction takes place, systems should be brought into compliance
according to the current edition of NFPA.The building shall,as required by Code,be equipped with
automatic sprinklers which conform to NFPA No. 13,be maintained in accordance with NFPA No. 13A,
have electrically supervised control valves(NFPA No. 13),and have water-flow alarm switches connected
to automatically notify the local fire depaituient(NFPA No.72)or central station(NFPA No. 71). The
notification of the fire depaitment or central station shall be accomplished through the building fire alarm
system. Regardless of code requirements when the leased space(including garage areas under lease by the
FAA)is on the 6th floor and above,or below grade, sprinklers are required.
A manual fire alarm system shall be provided,maintained,and tested by the LESSOR in accordance with
NFPA Standard No. 71 and 72 in buildings,which are three(3)or more stories in height or contain more
than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically
supervised and automatically notify the local fire department and conform to NFPA Standards No. 70 and
72. Engineered smoke control systems,if present,shall be maintained in accordance with the
manufacturer's recommendations.
Fire-safety,equivalent to the requirements stated above in this clause,may be accepted,at the discretion of
the Real Estate Contracting Officer, if certified by a Licensed Fire Protection Engineer.
Portable fire extinguishers shall be provided, inspected,and maintained by the LESSOR in accordance with
NFPA Standard No.10.
B2-Indoor Air Quality
The LESSOR shall control contaminants at the source and/or operate the space in such a manner that the
indicator levels for carbon monoxide(CO),carbon dioxide(CO2),and formaldehyde(HCHO),are not
exceeded. The indicator levels for office area are as follows: CO-9 parts per million(PPM)time weighted
average (TWA-8-hour sample);CO2- 1,000 PPM(TWA);HCHO-0.1 PPM(TWA). All indoor air
contaminant levels in leased space will be kept below appropriate OSHA regulations or Consensus
standards,whichever is stricter. Air quality and facility cleaning will be adequate to prevent the growth of
mold,mildew and bacteria. Any visual evidence of these will require immediate sampling and
remediation.Moisture/standing water will be controlled to prevent the growth of these.
During working hours,ventilation shall be provided in accordance with the latest edition of
ANSI/ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality.
The LESSOR shall promptly investigate indoor air quality(IAQ)complaints and shall implement controls
including alteration of building operating procedures(e.g., adjusting air intakes,adjusting air distribution,
ATCT Renton,Washington
DTFANM-03-L-00150
cleaning and maintaining HVAC,etc.). The FAA is responsible for addressing IAQ problems resulting
from its own activities.
MSDS will be provided for all cleaning solutions used in the FAA spaces.
B3-OSHA Requirements
The LESSOR shall provide space,services,and conditions that comply with Occupational Safety and
Health Administration(OSHA)safety and Health standards(29 CFR 1910 and 1926).
B4-Radon
Radon levels in in the air traffic control tower as described in"Section 2-Description of Premises", shall
not equal or exceed the EPA action level for homes of four(4)picocuries per liter(PCI/L). If radon levels
are found to be at or above 4 PCI/L,the LESSOR shall develop and promptly implement a plan of
corrective action.
B5-Warranty Of Space
(a)Notwithstanding inspection and acceptance by the Government or any provision concerning the
conclusiveness thereof,the LESSOR warrants that all space as described in"Section 2-Description of
Premises", leased to the Government under this contract, spaces above suspended ceilings in the leased
space,air plenums elsewhere in the building which service the leased space, engineering spaces in the same
ventilation zone as the leased space,public spaces and common use space(e.g.,lobbies,hallways)will,at
the time of acceptance and during the term of the lease contract,comply with the asbestos containing
material(ACM)and polychlorinated biphenyl(PCB)requirements of the Toxic Substance Control Act.
The Real Estate Contracting Officer shall notify the LESSOR in writing,within 30 days after the discovery,
of any failure to comply with the asbestos requirement. With any construction work,LESSOR would be
required to comply with the OSHA regulations for Asbestos and relevant FAA orders
(b)The leased premises as described in"Section 2-Description of Premises", shall be free of all asbestos-
containing material,PCB's,Radon,and other environmentally hazardous substances. If either ACMs or
PCBs are found to be in the leased space the Government reserves the right to require the LESSOR,at no
cost to the GOVERNMENT,to take whatever corrective action as might be required by the Toxic
Substance Control Act,EPA regulations and state requirements. All facilities constructed prior to 1981 are
to have an asbestos building survey conducted by a qualified inspector including a visual examination and
bulk sampling. All ACM survey reports are to be made available to the Real Estate Contracting Officer.
(c)If the LESSOR fails,after receipt of notice,to make correction within the specified period of time,the
Government shall have the right to make correction and charge to the LESSOR the costs occasioned to the
FAA or terminate the lease agreement with a ninety(90)day written notice to the LESSOR at no cost to the
Government. In the event that the correction needed cannot wait 90 days,than the airport will respond
promptly.
(d)The rights and remedies of the FAA in this clause are in addition to any other rights and remedies
provided by the law and under this contract.
(e)Definitions.
(1)"Acceptance",as used in this clause means the act of an authorized representative of the
Government by which the Government assumes for itself,or as an agent of another,the leased
premises as ready for occupancy or approves a portion of the premises for occupancy in
accordance with the provisions of this lease contract.
(2) "Correction",as used in this clause,means(i)the removal,encapsulation or enclosure of any
friable asbestos materials found in the space leased to the Government,spaces above suspended
2
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DTFANM-03-L-00150
ceilings in the leased space,air plenums elsewhere in the building which service the leased space,
public spaces,engineering spaces in the same ventilation zone as the leased space and common
use space(e.g.,lobbies,hallways).Following such abatement actions,the LESSOR shall adhere to
the FAA's required post-asbestos-abatement air monitoring program. (ii)With regard to non-
friable asbestos materials in good condition,it means the establishment and execution of a special
operations and maintenance program and an abatement plan, approved by the Government,to be
implemented from the time the materials are discovered through the remainder of the lease term,
and(iii)with regard to PCBs,it involves the removal or retrofitting, in accordance with EPA
regulations,of any PCB equipment present in the building.
III. SECTION C—MISCELLANEOUS
Cl-Erection of Signs
The Government shall have the right to erect on or attach to the LESSOR's premises such signs as may be
required to clearly identify the Government's facility in compliance with the LESSOR's sign code. Said
signs so erected will remain the property of the Government and shall be removed from the premises upon
termination of the Lease. Any existing signs already placed on the premises by the Government are"grand
fathered"as of the date of this lease.
C2-Restoration
In the event that the Government vacates the facility,all restoration issues will be determined by mutual
consent between the Airport and the Government thirty(30)days prior to the Government's vacation of the
facility.
IV. SECTION D—SECURITY REQUIREMENTS
D1 —Personnel Security
DIA-Suitability Requirements for Individual(s)Employed or Hired by the LESSOR
(a)The LESSOR shall provide a level of security,which reasonably deters unauthorized access, loitering,
or disruptive acts to the premises leased by the government at all times.
(b)When the LESSOR provides services under the terms of this Lease,(e.g.,janitorial,construction,
maintenance,property management,or alterations/repair services),the Government may conduct
background investigations of individual(s)employed or to be hired by the LESSOR to perform such
services.
(c)Individual(s)will not be permitted unescorted access to provide services in or upon the Leased premises
until the FAA Servicing Security Element(SSE)has received the documentation outlined in subparagraph
(d),(i),(ii), and(iii),below and provided written authorization for the individual(s)to begin work.
(d)No later than ten(10)calendar days after the effective date of this Lease,(or the effective date of
Supplemental Lease Agreement[SLA] or modification if this provision is included by SLA or modification
to an existing lease),the LESSOR shall submit the following documentation for all individual(s)employed
by the LESSOR for whom unescorted access to the premises is required. Such documentation shall be
submitted to the Government representative as designated by the Real Estate Contracting Officer(RECO),
or designee,for an access suitability determination.
(i) A completed FBI Fingerprint Card,FD-258(single sheet). The Government will provide
information pertaining to the location of fingerprint facilities. Each fingerprint card shall be printed in
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DTFANM-03-L-00150
black ink or typewritten with all questions completed and is to be signed and dated by the applicant.
The LESSOR will be responsible for all expenses associated with fingerprinting;
(ii) A completed Identification Card/Credential Application,DOT Form 1681,with appropriate
pictures of applicant;and,
(iii) A Questionnaire for Public Trust Positions, Standard Form 85P, shall be completed and signed by
the applicant in accordance with applicable instructions.
(e)The Government shall notify the LESSOR when individual(s)employed or hired by the LESSOR have
been approved for unescorted access to the Leased premises.
(f)The LESSOR and all individuals employed or hired by the LESSOR shall display a Government issued
identification badge when visiting or providing services in or upon the Leased premises and shall abide by
all facility security measures as required by the Government
(g)The LESSOR shall submit the documentation required in subparagraph(d),(i), (ii),and(iii)of this
Clause for any new individual(s)employed or hired by the LESSOR to perform services under this Lease.
Such information shall be submitted to the Government within ten(10)calendar days of employment
and/or hiring by the LESSOR.
(h)The LESSOR will immediately remove from the Leased premises any individual(s)employed or hired
by the LESSOR to perform services under this Lease when the government has determined such
individuals to be unsuitable for continued access to the Leased premises.
(i)Exemptions from Suitability Requirements
(i) Certain positions may be determined by the Government to be exempt from background
investigative requirements. However, individual(s)employed or hired for such positions shall be
escorted at all times while in or upon the Leased premises by FAA personnel located on-site or
by an individual(s)employed or hired by the LESSOR,who has been properly investigated,
favorable adjudicated,and authorized to provide escort services.
(ii) When the Government determines any positions(s)to be exempt from investigative
requirements,individuals employed in such positions are not required to complete the
documentation as specified in subparagraph(d),(i),(ii),and(iii)of this Clause.
D1B-Reporting Requirements
(a)The LESSOR shall submit an initial report(to coincide with the effective date of this Lease)and
subsequent quarterly reports(throughout the term of this Lease),providing the following information to
(RECO,or designee,to fill in as appropriate)with a copy to(RECO,or designee,to fill in as appropriate),
on or before the fifth day following each reporting period: A complete listing by full name,in alphabetical
order,with the date of birth,place of birth(city,state,country),and position title of all individuals
employed or hired by the LESSOR who will have or may require access to the Leased premises during the
reporting period.
(b)The LESSOR shall notify the Government within one(1)day upon termination of any individual(s)
employed or hired by the LESSOR to perform services under this Lease.
D1C- Foreign Nationals Employed or Hired by the LESSOR
(a)Each individual(s)employed or hired by the LESSOR to perform services under this Lease is to be a
citizen of the United States of America,or an alien who has been lawfully admitted for permanent
residence as evidenced by Alien Registration Receipt Card Form 1-151,or who presents other evidence
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DTFANM-03-L-00150
from the United States Immigration and Naturalization Service that employment will not affect his/her
immigration status.
(b)Aliens and foreign nationals employed or hired by the LESSOR to perform services under this Lease
must have resided within the United States for three(3)consecutive years of the last five(5)years unless a
waiver of this requirement has been granted by the SSE in accordance with FAA regulations.
D2C-Government-Issued Keys,Identification Badges,Access Control Cards and Vehicle Decals
(a)It may become necessary for the Government to issue keys,identification(ID)cards,vehicle decals,
and/or access control cards to the LESSOR or to individual(s)employed or hired by the LESSOR to
perform services. Immediately upon completion or termination of the Lease,the LESSOR shall return all
such Government-issued items to the issuing office with notification to the RECO,or designee.When
individuals who have been issued such items are terminated or are no longer required to perform work,the
Government-issued items shall be returned to the Government within three(3)workdays.Improper use,
possession or alteration of FAA issued keys,ID cards,access control cards is a violation of security
procedures and is prohibited.
(b)In the event such keys,ID cards,vehicle decals or access control cards are not returned,the LESSOR
understands and agrees that the Government may,in addition to any other withholding provision of the
Lease,withhold fees to cover the cost of replacement for each key,ID card,vehicle decal and access
control card not returned. If the keys,ID cards,vehicle decals,or access control cards are not returned
within 30 days from the date the withholding action was initiated,the LESSOR will forfeit any amount so
withheld.
(c)Access to aircraft ramp/hangar areas is authorized only to those automobile drivers using a proximity
card issued by the LESSOR issued in accordance with Federal Aviation Regulations.
(d)The Government retains the right to inspect,inventory,or audit ID cards,keys,vehicle decals,and
access control cards issued to the LESSOR or individual(s)employed or hired by the LESSOR to perform
services in connection with the Lease at the convenience of the Government.Any items not accounted for
to the satisfaction of the Government shall be assumed to be lost and the provisions of subparagraph(b)
above shall apply.
(e)Keys and access control cards shall be obtained from the RECO,or designee,who will require the
LESSOR,or individual(s)employed or hired by the LESSOR to perform services,to sign a receipt for each
key obtained. Lost keys,ID cards,vehicle decals,and access control cards shall immediately be reported
concurrently to the RECO,or designee,and the(RECO,or designee,to insert name of SSE staff and
facility management office)
(f)Each individual(s)employed or hired by the LESSOR,during all times of on-site performance at the
Government-leased facility, shall prominently display his/her current and valid identification card on the
front portion of his/her body between the neck and waist.
(i)Individual(s)employed or hired by the LESSOR to perform services under this Lease shall
submit complete documentation required under 1, Suitability Requirements for Individual(s)Employed or
Hired by the LESSOR,above,and be authorized by the SSE to begin work prior to obtaining any ID media
or vehicle decals.
(ii)To obtain the ID card,each individual shall submit a DOT 1681 Form, signed by the
individual and authorized by the RECO, or designee.The DOT 1681 shall be submitted at the
same time the documentation outlined in 1, Suitability Requirements for Individual(s)Employed
or Hired by the LESSOR,above is submitted. The DOT 1681 shall contain,at a minimum,under
the"Credential Justification"heading,the name of the LESSOR,the Lease number or the
appropriate acquisition identification number,the expiration date of the Lease or the service
(whichever is sooner),and the required signatures.This paperwork shall be submitted to [RECO,
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DTFANM-03-L-00150
or designee,to insert the name and location of the SSE staff]by the LESSOR in a sealed envelope
either hand carried by the LESSOR or sent via U.S.mail to: [RECO or designee to insert mailing
address].The LESSOR will be notified when the DOT 1681 has been approved and is ready for
processing by the [RECO,or designee,to insert name and location of the person who will process
the document].Arrangements for processing the identification cards,including photographs and
lamination can be made by contacting [RECO, or designee,to insert point of contact with phone
number].
(iii)The LESSOR shall receive and sign for each ID card issued on the reverse of the DOT 1681.
The Government,for accountability purposes,will track the DOT 1681.
(g)The LESSOR is responsible for ensuring final out-processing is completed for all departing individuals
employed or hired by the LESSOR. Final out-processing will be completed by close of business the final
workday for all individual(s)employed or hired by the LESSOR or the next day under special conditions.
Contractor employee clearance forms,(RECO,or designee,to insert name of local contractor employee
clearance form),will be completed by the LESSOR for each individual(s)employed or hired by the
LESSOR to perform services, and copies will be distributed to the RECO,or designee,and the SSE,
(RECO,or designee,to insert SSE staff)upon completion of such forms.
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ATTACHMENT B
Lease Number
DTFANM-03-L-00150
CENTRAL STATION FIRE ALARM MONITORING
1.0 GENERAL INFORMATION
1.1 References
The publications listed below form a part of this specification to the extent referenced. The publications
are referred to in the text by the basic designation only.
NATIONAL FIRE PROTECTION ASSOCIATION(NFPA)
NFPA 70 1999 National Electrical Code
NFPA 72 1996 National Fire Alarm Code
NFPA 101 1997 Life Safety Code
UNDERSWRITERS LABORATORIES INC. (UL)
UL FPED 1999 Fire Protection Equipment Directory
1.2 Scope of Work
Third party monitoring from a UL Listed Central Alarm Monitoring Company is requested for supervision
and reporting of fire alarms for the Federal Aviation Administration properties throughout the Northwest
Mountain Region to include the states of: Washington,Oregon,Idaho,Montana,Utah,and Denver. The
FAA intends to award service for 35 initial sites and may expand service to 50 or more sites during the
course of the contract. Initial sites are required to be put into service during the first quarter of fiscal year
2000: October 1, 1999 through December 31, 1999. Once service commences at the initial sites,the FAA
will require continuing service at a minimum of twenty-five sites.
1.3 Description of Requested Central Station Alarm Service
The following Central Station alarm service is requested:
a. Central station supervision must be provided from a Central Station Alarm Company listed by
UL in the 1999 UL Fire Protection Handbook or most current Handbook for option years. Contractor's
Central Station must maintain a UL Listing as a Central Alarm Monitoring Company to be eligible for
award of base period or option periods.
b. A current and valid document verifying the UL Listing will be required at the start of the
alarm-monitoring contract and for each year of the proposed contract. A copy of this document is to be
forwarded to each site for which service is to be provided.
c. Fire alarm service,maintenance, and testing of Central Station equipment shall be in
accordance with NFPA 72, Chapter 4, 1996 Edition. This excludes any part of the fire alarm system
installed at the facility other than any hardware or signaling lines installed by Central Station for
monitoring purposes.
Now Noire
ATCT Renton,Washington
DTFANM-03-L-00150
d. Upon receipt of a fire alarm from any initiating device such as but not limited to: fire
sprinklers,smoke detectors,heat detectors, and manual pull stations,the Central Station shall immediately
retransmit the alarm to the designated public fire department's dispatch communications center.
e. Upon receipt of a trouble or supervisory signal,the Central Station shall immediately contact
the designated persons at each facility. The list of designated persons will be provided by the FAA for each
facility and shall not be limited.
f. In the event service is needed on a part of the monitoring system,the Central Station shall have
the responsibility of having service technicians at the facility within four hours to initiate repairs.
g. Records of all signals received by the Central Station for each calendar year of the contract
shall be retained for review and be available upon request to FAA personnel.
h. The Central Station shall be responsible for all maintenance and testing of its equipment(both
on-site and at the Central Station)and signaling lines in accordance with NFPA 72, 1996 Edition. Records
shall be made available to FAA personnel upon request.
i. The telephone numbers of the Central Station shall be clearly posted at each facilities Digital
Alarm Communicating Transmitter.
1.4 Quality Assurance
All work and materials shall conform to all Federal, State and Local Codes and regulations governing the
Central Station Fire Alarm Service,as modified or interpreted by local officials to permit use of current
NFPA standards. All devices, systems,equipment and materials required by this specification in
conjunction with Central Station Service shall be listed by Underwriters Laboratories(UL)for their
intended use.
2.0 REQUIREMENTS
2.1 Codes,Standards,Ordinances and Permits
In the NFPA publications referred to herein the advisory provisions and the appendix sections shall be
considered mandatory. If there is a conflict between the referenced NFPA standards,federal,state of local
codes,and this specification,it is the Central Station Alarms Station service provided to immediately bring
the conflict to the attention of the FAA Representative for resolution. NFPA standards shall prevail unless
local codes are more stringent. Contractor shall not attempt to resolve conflicts directly with the local
authorities unless specifically authorized by the Contracting Officer or Contracting Officer's Technical
Representative(COTR).
2.2 Central Alarm Station Provider Qualifications
The central Station alarm service provider must be UL Listed in the most recent Fire Protection Equipment
Directory. In addition,the provider shall be experienced in the testing and maintenance of equipment
required as part of the central alarm station service and monitoring agreement.
2.3 Working Conditions
Access to the individual FAA site to install or test Central Station alarm equipment must be coordinated
with the FAA at least twenty-four hours prior to performance. Prior to any site work,the contractor will be
responsible for scheduling and attending a meeting with the local facility manager. Noise restrictions do
apply at each FAA site.
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DTFANM-03-L-00150
3.0 OTHER CONDITIONS
3.1 Existing Fire Alarm System
The existing facility fire alarm system or components shall remain operational at all times. If the system or
its components must be removed from service,the contractor shall obtain prior approval from the FAA
twenty-four hours in advance of performance. No alarm system shall be out of service for more than four
hours. Extensions must be approved by the Contracting Officer or COTR.
3.2 Fire Alarm System Changes
The contractor is not to implement any changes on any parts of the fire alarm system without approval from
the Contracting Officer or COTR.
3.3 Government Furnished Equipment
Each FAA facility has a local fire alarm panel and a Digital Alarm Communicator Tranmitter(DACT).
The DACT is connected to two telephone lines provided by the FAA. The DACT is set up to use the
primary telephone line,obtain a dial tone,and dial the Central Station. The DACT shall make ten attempts
on each phone line to connect to the Central Station. A failure of one phone line shall report a trouble to
the fire alarm panel and the Central Station. Each DACT is to send a test signal once every 24 hours
alternating between the primary and secondary phone lines.
3.4 Submittal for New Equipment
The FAA shall review and recommend,accept,reject or take other appropriate action on any new central
alarm station equipment necessary for complying with the monitoring of fire alarms and
supervisory/trouble signals relative to NFPA 72, 1996 Edition,Chapter 4. Submittals must include sample
forms,record drawings,system certification reports and test reports. This review is to verify conformance
to project specifications and design concepts expressed in the contract documents. Review shall not
constitute approval of safety precautions,means,methods,techniques, sequences of procedures,or
approval of a specific assembly of which the item is a part. If submittals,upon review by the FAA,are
found not to conform to the requirements of these specifications,the contractor shall be required to
resubmit with modifications.
4.0 FINAL APPROVAL AND ACCEPTANCE
Final approval and acceptance of the work for each site will be given by the Contracting Officer's Technical
Representative after the following have been completed:
a. The monitoring equipment has been installed and signal receipt verified for alarms,trouble
conditions,and supervisory conditions. All signals will be verified to both the Central Station and the local
fire department.
b. All required submittals including a UL Certificate showing that the Central Station is UL
Listed Central Alarm Station for the current year.
c. A copy of the annual Central Station servicing and maintenance agreement for each site.
d. A schedule has been received showing whom to contact for service,testing,and
troubleshooting of problems for each site for which central alarm station service is being provided.
Fire Alarm system and all responsibilities that go with the system will become the property of the airport
with the signing of the following pages.
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ATCT Renton,Washington
DTFANM-03-L-00150
BILL OF SALE
Know All Men By These Present That the UNITED STATES OF AMERICA,acting by and through the
DEPARTMENT OF TRANSPORTATION,FEDERAL AVIATION ADMINISTRATION,Acquisition
Management Branch, 1601 Lind Avenue S.W.,Renton,Washington,98055,herein called FAA,in
consideration of Zero DOLLAR($0.00) AND NO OTHER VALUABLE CONSIDERATION, delivered
by Renton Municipal Airport,herein called Buyer,the following described goods:
The existing fire alarm system and all of its components currently located in the Air Traffic
Control Tower,located at Renton Municipal Airport, 616 West Perimeter Road,Renton WA 98055.
To have and to hold the same unto the said Buyer and its successors and assigns forever. The FAA
covenant and agree that it is the lawful owner of said property,that the same is free from all encumbrances;
and that it has the right to sell the same as aforesaid, and will warrant and defend the said property hereby
sold unto said Buyer,the heirs,executors,administrators and assigns,against the lawful claims and
demands of all persons.
The Buyer hereby accepts ownership to the above described equipment in Renton,WA,and acknowledges
that the equipment is "AS IS,WHERE IS"and that no express warranty as to condition is given or made.
All implied warranties are expressly excluded including warranties of merchantability and fitness for a
particular purpose.
UNITED STATES OF AMERICA
Acting by and through the Department of Transportation,Federal Aviation Administration
By.t r• , ti` ._. _ __ DATE: C � �
(� Q _
4111
STATE OF WASHINGTON,KING COUNTY
The foregoing instrument was acknowledged by me this /Q of ,2004,by
Le *hCif l t,t ,Contracting Officer for the Fe eral Aviation Administration.
Witness my Hand and Offl ial Seal.
My Commission expires - (q- pZQQ4
,, c b
Notary Public
4
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BILL OF SALE ACCEPTANCE
We hereby accept the conveyance of the above-mentioned equipment and all components that support that
equipment.
BY: L / hr?Ie1 ' (I--� --(i- Date: I�" Z 2 C�
athy Kjlker-Wheeler
Mayor
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