2005-189
FILE REFERENCE FORM
2005-189
FILE(S) Date Initials
Supplemental Agreement No. I to Lease [original is attached] 09/02/05 JR
S:\OUf Documcnts\Ordinances\05\F AA Ordinance.doc
ORDINANCE NO. 2 () 0 5- / t; q
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE FEDERAL AVIATION ADMINISTRATION PROVIDING A LAND SITE AND
SPACE FOR THE AUTOMATED SURFACE OBSERVING SYSTEM; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council hereby finds that the Lease between the City of Denton and
the United States of America Department of Transportation Federal Aviation Administration
approved by this ordinance is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Manager or his designee is hereby authorized to execute a Lease
between the City of Denton and the United States of America Department of Transportation
Federal Aviation Administration in substantially the same form as the Lease attached hereto and
made a part hereof by reference.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSEDANDAPPROVEDthisthe /q~ dayof 9/)1.~ ,2005.
c~A~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~~~\~Q~~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
9~eJ-IfJ~
Lease No. DTFASW-05-L-00140
Automated Surface Observing System
(ASOS)
Denton Municipal Airport
Denton, Texas
LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
and
CITY OF DENTON, TEXAS
THIS LEASE is hereby entered into by the CITY OF DENTON, TEXAS, whose address is 215
E. McKinney, Denton, Texas 76201, hereinafter referred to as the Lessor and the UNITED
STATES OF AMERICA, herein after referred to as the Government. 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:
1. PREMISES:
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, VIZ:
AUTOMATED SURFACE OBSERVING SYSTEM (ASOS)
SENSOR GROUP LAND SITE
A tract ofland located approximately 835 feet west of Runway 17/35 centerline and
1,430 feet from the north end of Runway 17/35, for an automated surface observing system
(ASOS), facility located at Denton Municipal Airport, Denton, Texas as further identified on
Exhibit "A," drawing attached hereto and made a part hereof.
Lease No. DTFASW-05-L-OOI40
Automated Surface Observing System
(ASOS)
Denton Municipal Airport
Denton, Texas
the termination. The termination notice shall be delivered by registered mail, return receipt
requested and mailed at least 30 days before the effective termination date.
4. CONSIDERATION:
The Government shall pay the Lessor no monetary consideration in the form of rental, it being
mutually agreed that the rights extended to the Government herein are in consideration of the
obligations assumed by the Government in its establishment, operation, and maintenance of the
facilities upon the premises hereby leased.
5. ELECTRICAL POWER:
The Lessor shall supply electrical power to the ASOS and its associated equipment in the ATCT
at no cost to the Government.
6. NON-RESTORATION:
It is hereby agreed between the parties, that upon termination of its occupancy, the Government
shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property
which is the subject matter of this lease. It is further agreed the Government may abandon in
place any or all of the structures and equipment installed in or located upon said property by the
Government during its tenure. Such abandoned equipment shall become the property of the
Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing.
7. INTERFERENCE WITH GOVERNMENT OPERATIONS:
The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever
kind or nature on the site or adjoining land within the airport boundaries that may interfere with
the proper operation of the facilities installed by the Government under the terms of this lease
unless consent hereto shall first be secured from the Government in writing.
8. INSTALLATION OF ANTENNAS. CABLES. AND OTHER APPURTENANCES:
The Government shall have the right to install, operate, and maintain antennas, wires and their
supporting structures including any linking wires, connecting cables and conduits atop necessary
buildings and structures or at other locations where deemed necessary by the Government.
3
Lease No. DTFASW-05-L-00140
Automated Surface Observing System
(ASOS)
Denton Municipal Airport
Denton, Texas
9. 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's 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
necessitated due to causes not attributable to either the Lessor or the Government, funding
responsibility shall be determined by the Government and the Lessor by mutual agreement.
10. HAZARDOUS SUBSTANCE CONTAMINATION:
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 Government's facilities. The Lessor agrees to remediate, at its sole
cost, any and all other hazardous substance contamination found on the leased premises. The
Lessor also agrees to save and hold the Government harmless for any and 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
Government's facilities.
II. CONTINUOUS CLEARING OF LEASED FACILITY SITES/CRITICAL AREAS:
The Lessor agrees to keep the areas around the Government's navigational aids mowed at all
times to a height that weeds and vegetation will not be an obstruction to such operation or
maintenance of these facilities.
12. 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 Government's use and enjoyment of said
premises against third party claims.
13. 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.
4
Lease No. DTFASW-05-L-00140
Automated Surface Observing System
(ASOS)
Denton Municipal Airport
Denton, Texas
14. COVENANT AGAINST CONTINGENT FEES:
The Lessor warrants that no person or agency has been employed or retained to solicit or obtain
this lease upon an agreement or understanding for a contingent fee, except a bona fide employee
or agency. For breach or violation ofthis warranty, the Government shall have
the right to annul this lease without liability or, in its discretion, to deduct from the lease
consideration, or otherwise recover the full amount ofthe contingent fee.
15. ANTI-KICKBACK:
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (I)
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.
16. CONTRACT DISPUTES:
All contract disputes arising under or related to this contract shall be resolved under this clause,
and through the Federal Aviation Administration (FAA) Office of Dispute Resolution for
Acquisition (ODRA). Said disputes 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. The
decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted
their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution
System.
A contract dispute shall be made in writing and signed by a Lessor or duly authorized
representative of the Lessor and submitted to the Real Estate Contracting Officer, that it is
disputed either as to liability or amount. Submission shall be within two years of the accrual of
the contract claim involved. The Real Estate Contracting Officer's decision concerning the
contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA
ODRA. The Real Estate Contracting Officer, upon request, will provide information relating to
submitting a dispute.
17. SUBORDINA nON. 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 subordination shall not interfere with
5
Lease No. DTFASW-05-L-OOI40
Automated Surface Observing System
(ASOS)
Denton Municipal Airport
Denton, Texas
any right of the Government 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 Government and said
purchasers/transferees, with the same force, effect and relative priority in time and right as ifthe
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 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.
18. 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 Government, in writing, of any such transfer or conveyance affecting the demised
premises within 30 calendar days after completion ofthe "change in property rights." Concurrent
with the written notification, the Lessor shall provide the Government copies of the notification,
the Lessor shall provide the Government copies of the legal document(s) (acceptable to local
authorities) for transferring and or conveying the property rights.
19. EXAMINATION OF RECORDS:
The Comptroller General of the United States, the Administrator of the 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.
6
,
,
Lease No. DTFASW-05-L-00140
Automated Surface Observing System
(ASOS)
Denton Municipal Airport
Denton, Texas
20. NOTICES:
All notices/correspondence shall be in writing, reference the lease number, and be addressed as
follows:
City Manager
TO LESSOR: City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Property and Services Branch, ASW-54
Fort Worth, Texas 76193
IN WITNESS WHEREOF, the parties hereto have signed their names.
(Lessor)
DATE: 01 //f! los-
t I
TITLE: City Manager
ATTEST:
JENNIFER WALTERS,
SECRETARY
~
THE UNITED STATES OF AMERICA
(Government)
BY: hCiJvWC,~)
SHARON E. WYNN
TITLE: CONTRACTING OFFICER
AS LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
,/ J~' .../
BY: '7~.J/~
DAT9~;)~ aOD5 '
7
Lease No. DTFASW-05-L-00140
Automated Surface Observing System
(ASOS)
Denton Municipal Airport
Denton, Texas
CORPORATE CERTIFICATE
I, Herbert L. Prouty , certify that I am the Asst. and Consulting City Attorney
ofthe"Corporation named in the foregoing agreement, that Michael A. Conduff
who signed said agreement on behalf of said corporation, was then City Manager
thereof, 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.
Dated this / rji/lday of
(jul1f
,200S-
~'Municipal
Si",edby 9~-
CORPORATE SEAL
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Exhibit "A"
Lease DTFASW-05-L-00140
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
FORT WORTH, TEXAS 76193
Lease No. DTFASW-05-L-00140
Automated Surface Observing System
(ASOS), Remote Transmitter
Receiver (RTR)
Denton Municipal Airport
Denton, Texas
SUPPLEMENTAL AGREEMENT NO. I
1/HIS SUPPLEMENTAL AGREEMENT, is made and entered into this
;!.lltL day of ~ f!!l.,~b05 by and between CITY OF DENTON, TEXAS,
whose address is 215 E. McKinney, Denton, Texas 76201, for itself, its administrators,
successors, and assigns, hereinafter called the Lessor and the UNITED STATES OF
AMERICA, hereinafter called the Government, WITNESSETH, That:
WHEREAS, effective April I, 2005, the parties hereto entered into Lease No.
DTFASW-05-L-00140 for the consideration and purposes more particularly stated in said
lease, and,
WHEREAS, the Government desires to relocate the existing Remote Transmitter
Receiver (RTR) rack and associated antenna and cabling located on the airfield to the
Equipment Room, Level 15 of the Airport Traffic Control Tower (ATCT); and
WHEREAS, the Lessor has space available in the Equipment Room and has no
objection to leasing space for the equipment rack, antenna and cabling.
NOW, THEREFORE, effective September 1,2005 the parties hereto mutually
agree to amend the basic lease, in the following particulars only, VIZ:
Article I is amended to add space for the RTR equipment rack, antenna and
cabling in the ATCT as follows:
Lease No. DTFASW-05-L-00140
Automated Surface Observing System
(ASOS), Remote Transmitter
Receiver (RTR)
Denton Municipal Airport
Denton, Texas
"REMOTE TRANSMITTER RECEIVER (RTR) SPACE, ANTENNA &
CABLING
Space in the Equipment Room, Level 15, of the ATCT for a 3'x3' equipment rack
housing the remote transmitter receiver (RTR), together with space on the roof of the
A TCT for an antenna and associated cabling from the equipment room and telco demarc
to the antenna as further identified on Exhibits "B and C," revised drawings attached
hereto and made a part hereof."
Article 5 is amended to add reference to the RTR.
"5. ELECTRICAL POWER:
The Lessor shall supply electrical power to the ASOS and RTR and their associated
equipment at no cost to the Government."
ALL OTHER TERMS AND CONDITIONS of the basic lease, as amended, are
hereby ratified and except as amended hereinabove shall be and remain the same.
IN WITNESS WHEREOF, the parties have subscribed their names as of the date
first above written.
Title:
~
UNITED STATES OF AMERICA
By: J!/1fuu{rt/ c.~
SHARON E. WYNN
Title: CONTRACTING OFFICER
Lease No. DTFASW-OS-L-OOI40
Automated Surface Observing System
(AS OS), Remote Transmitter
Receiver (RTR)
Denton Municipal Airport
Denton, Texas
CORPORATE CERTIFICATE
I, EJw;f\ ~. StU..{ ,leY" , certify that I am the t; ~ A-ttorf'\R.'-j
of the cei~;;i,n named in the foregoing agreement, thatJY\ ic.hc.e./ A-. r Of\dvff
who signed said agreement on behalf of said corporation, was then ~
thereof, 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. Dated this a<d day of Wp-WJ!/I) ,200S.
~
Signed by ~
CORPORATE SEAL
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