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HomeMy WebLinkAbout85-25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 85-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING LAND LEASE TO THE FEDERAL AVIATION ADMIN- ISTRATION FOR AN AIRPORT NON-DIRECTIONAL BEACON SITE WHEREAS, the City desires to cooperate with the Federal Aviation Admin- istration in the interest of safety in and around the Ukiah Municipal airport; and WHEREAS, Federal Aviation Administration desires to install a Non-Directional Beacon as a part of the existing Instrument Landing System at the Ukiah Municipal Airport; and WHEREAS, the City owns a strip of property, in excess of that required for street purposes, lying adjacent to and Westerly of South Main Street and between Marshall Street and Gobbi Street. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby author- ize the City Manager to execute the attached Lease Agreement, No. DTFA08-84-L-11037, with the Federal Aviation Administration for the above-mentioned site, as described in said Lease Agreement, for the purpose of installing a Non-Directional Beacon. PASSED AND ADOPTED this 15th day of August, 1984 by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers NOES: None ABSENT: Councilmember Kelley ATTEST: Charles G. Myers, Mayor City C~erk- ' --/ U.S. Department of Transportation Federal Aviation Administration LEASE between Lease ~o.: DTFAO8-84-L-11037 Middle Marker Ukiah, California CITY OF UKIAH and THE UNITED STATES OF AMERICA This LEASE, made and entered into this in the year one thousand nine hundred and eighty-four by and between the City of Ukiah day of whose addressis 203 South School Street Ukiah, California 95482 foritself and its }~successors, and assigns, hereinafter called the Lessor and the UNITED STATES OE AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: I. For the term beginning October 1, 198/ond ending September 30, 19 85 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: A portion of that tract of land, Frisbie to the City of Ukiah: recorded May 7, 1979 in Book 1205 of Official Records, Page 354, Mendocino County Records, said portion being more particularly described as follows: Beginning at the Southwesterly corner o~ said tract; thence N 5°16'00'' W along the Westerly line of said tract, 30.00 feet; thence N 89o05'00'' E, 8.00 feet, more or less, to the Westerly line of Main Street extended; thence Southerly along said Westerly line of Main Street, 31.00 feet, more or less, to the Southerly line of said tract; thence S 89o05'00,, W along said Southerly line, 12.00 feet, more or less, to the point of beginning, and containing 300 square feet, more or less. FAA FORM 4423-2 Pg. I (8-81) Supersedes Previous Edition l.ca sc N o .DTFA08- 84- L- 1037 a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electr:c power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises: all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage thcilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon. or attached to the said premises shall be and remain the property of thc Government. and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one ( l ) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this Septemberlease or anv200~renewal ..... thereof expires: PROVIDED that no renewal shall extend this lease beyond the 30th day of 3. The Government shall pay the Lessor rental for the premises in the amount of:, 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, · peration and maintenance of facilities upon the premises hereby leased for the term set forth in Article 1 above, and with out cost. ~ for each annual renewal exercised by the Government hereafter. 4. The Government may terminate this lease, in whole or in part, at any time by giving at least 90 days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. 5. The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor by written notice at least 60 days before the date of expiration or termination requests restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as ma~y be mutually agreed upon, either ( l ) 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 l.(a), I.(b) and l.(c) above, ordinary wear and tear, damage by natural elements and by chcumstances over which the Government has no control, excepted) or (2) make an equitable adjustment]~{~ ]~t~t~[l~]~t for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equi. table adjustment shall be a dispute concerning a question of fact within the meaning of Clause 6 of this lease: FAA Form 4423-2 Pg. 2 (11-82) Supersedes Previous Edition Lease No.: DTFAO8-84-L- 11037 6. (a) This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. (c) (i) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of lease terms, or other relief, arising under or relating to this lease. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (iii) A claim by the lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. (d) For lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. (e) For Lessors claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. (f) The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. (g) The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. (h) Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365 or 366 day year, whichever applies. (i) Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 7. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right t6 annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other consideration, the full amount of such commission, brokerage, percentage, or contingent fee. FAA FORM 4423-2 Page 3 (8-81) Supersedes Previous Edition Lease No.: DTFAO8-84-L- 11037 9. All notices sent to the parties under the lease shall be addressed as follows: City Manager, City of Ukiah To the Lessor: 203 South School Street Ukiah, California 95482 To the Government: DOT/Federal Aviation Administration, Real Estate & Utilities Brant AWP-56, P.O. Box 92007 WPC 10. This lease is sUbject to the a~t~io~l~r~q~i,on~ ~'~r~Ow, g~)t0m9ched hereto and incorporated herein. These additional provisions are identifed as follows: be Lessor is responsible for control of the restricted area as described ~n_ Attachments 2 and 3. C~.w~ ~_ ~~x~~ Irrelevant wording in the first paragraph and in Articles 2, 3, 4, and 5, was deleted prior to execution of this agreement. Articles 10a and 10b and Attachments 1, 2, and 3 were added prior to execution of this agreement. IN WITNESS W"£R£OF, the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage, dated ......................................... recorded in volume ........................... pages against the above-described premises, the undersigned hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. CITY OF UKIAH (Lessor) (Lessor) (LessoO (LessoO (Mortgagee) ................................................................... (Lessor) T.E UNITED STATES OF AMERICA MICHAEL J. SPITT Title Contracting Officer Date FAA FORM 4423-2 Pg. 4 (8-81) Supersedes Previous Edition MARSHALL.ST Attachment 1 AIRPORT UKIAHMUNICIPALAIRPORT" LOCATION UKIAH, CALIFORNIA FACILITY MIDDLE MARKER RESTRICTION (S_)~: Interference sources: The area depicted on the attached drawing entitled "Instrument Landing System - Marker Antenna - Restricted Area" shall be kept free from further development of all buildings, power lines, fences, light standards, trees, shrubs, etc., which would derogate the radiation pattern of the marker antennas. Any upward extension of such existing items within this area shall not protrude above the inverted conical plane entitled "Restricted Surface". Natural growth items such as trees, shrubs~ etc., shall be cut back and/or otherwise contained below the "Restricted Surface". These conditions shall apply unless permitted otherwise in writing by the FAA. Attachment 2 MAP,~Z E R' LOW E P. E..L~I,~ F_ k~'T COO' 1 L[VT_L.. -xN~i ! .J 1 ELEV/~'T I Okt 'T M 3TP,.UMEM¥ LA, K/DII',,JC~ MA, P~KEP,. AtqTEtqk,l A, Attachment 3 CORPORATE CERTIFICATE If agreement is made with a corporation, the following certificate shall be executed by the secretary or assistant secretary- named in the attached agreement; that , certify that I am the Secretary of the corporation who signed said agreement on behalf of the corporation was then of said corporation; that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. CORPORATE SEAL WE Form 4660-1 (11/76)