HomeMy WebLinkAbout2002-23 RESOLUTION NO. 2002-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENT
WITH FEDERAL AVIATION ADMINISTRATION FOR AUTOMATED
SURFACE OBSERVING SYSTEM AT THE UKIAH REGIONAL AIRPORT
WHEREAS, the City of Ukiah operates the Ukiah Regional Airport; and
WHEREAS, the Federal Aviation Administration (FAA) had constructed an Automated
Surface Observing Station (ASOS) at the Ukiah Regional Airport for the purpose of
automatically providing real time aviation weather information to aircraft and pilots via
automated radio broadcast (119.27 MHz.) or telephone (462-7343); and
WHEREAS, the City of Ukiah wishes to enter into a Lease Agreement with the FAA for
placement of the necessary equipment to facilitate this service at the Ukiah Regional Airport;
and
WHEREAS, the precise location of the leased premises is as described in the attached
Lease (Exhibit 1).
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE that:
1. The City of Ukiah is hereby authorized to enter into a Lease Agreement with the
United States government for the FAA's ASOS located on Runway 15-33 at the
Ukiah Regional Airport; and
2. The City Manager is hereby authorized to execute said Lease Between the City of
Ukiah and The United States of America for the purposes stated above and for the terms and
conditions as outlined in Exhibit 1 attached hereto.
PASSED AND ADOPTED this 19th day of December, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Libby, Baldwin, and Mayor Ashiku,
None.
Councilmembers Larson and Smith.
None.
Marie Ulvila, City Clerk
Phillip Ash[kb, Mayor
4:Res:ASOS12.01
Resolution No. 2002-23
Page 1 of I
FEDERAL AVIATION ADMINISTRATION
U.S. Department
of Transportation
Lease No.:
Facility:
DTFA08-02-L-21368
Automated Surface Observing
System (ASOS)
Ukiah Municipal Airport
Ukiah, California
LEASE
Between
CITY OF UKIAH
and
THE UNITED STATES OF AMERICA
This Lease, made and entered into this
by and between city of Ukiah
whose address is:
300 Seminary Avenue
Ukiah, California 95482
day of
for itself and its successors, and assigns hereinafter referred to as Lessor and the
UNITED STATES OF AMERICA, hereinafter called the Government:
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.:
Please see Page lA
Federal Aviation Administration
Page 1
('10/98)
DTFA08-02-L-21368
Ukiah Municipal Airport
ASOS Lease Description
Property Lease legal description
The beginning of the ASOS property lease more or less described as follows:
At the ARP of Runway 15-33, thence proceed North 190 25' 37.2" East for a distance of 889.54' to
center of the ASOS tower, then proceed South 11° 40' 10" East for a distance of 45' to point of
beginning (POB).
Beginning at the POB, thence proceed South 78° 19' 50" West 30 feet, thence proceed North 11° 40'
10" West 100 feet, thence proceed North 78° 19' 50" East 60 feet, thence proceed South 11° 40' 10"
East 100 feet, thence proceed South 78° 19' 50" West 30 feet to the Irue POB. The plot containing
0.138 acre more or less. All bearings are based on California Plane Coordinate System.
Together with a clear area which shall be kept free of all buildings, trees, vehicular parking and
vegetation over 6 in. tall which would affect the accuracy of weather instrument readings; and
described as follows:
An area encompassed by a circle of 100.00-foot radius the Center of which is the center of the ASOS
wind tower. A plot of land containing 0.721 acres more or less.
Lease will also include the Acquisition Control Unit (ACU) located in the FAA equipment room, in
the old Flight Station Building (next to rack//4). Also, a "UHF" Radio Antenna and a "GTA" Antenna
are located on the roof of the old Flight station building, ~ Ukiahmoni Airport.
Federal Aviation Administration Page lA
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-
way for establishing and maintaining a pole line or pole lines for extending electric power and/or
telecommunication lines to the premises; and a fight-of-way for subsurface power,
communication and/or water lines to the premises; all fights-of-way to be over the said lands and
adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably
determined to be the most convenient to the Government.
Co) And the right of grading, conditioning, and installing drainage facilities, and seeding
the soil of the premises, and the removal of all obstructions from the premises which may
constitute a hindrance to the establishment and maintenance of Government facilities.
(c) And the fight to make alterations, attach fmtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which aitemtions, fixtures, additions, structures or
signs so placed in or upon, or attached to the said premises shall be and remain the property of
the 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.
For the term beginning October i, 2001 and ending September 30, 2001.
This lease may, at the option of the Government, be renewed from year to year and otherwise
upon the temts and conditions herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for one (1) year unless the Government gives the
Lessor thirty (30) days written notice that it will not exercise its option before this lease or any
renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day
of September 2021.
3. CONSIDERATION
The Government shall pay the Lessor no monetary consideration in the form of rental, it
being mutually agreed that the fights extended to the Government herein are in consideration of
the obligations assumed by the Government in its establishment, operation and maintenance of
facilities upon the premises hereby leased.
Federal Aviation Administration Page 2
(10/98)
4. NON-RESTORATION
It is hereby agreed between the parties, that upon temfination 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 that 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.
5. 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.
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or
furore Government facilities covered by this Lease during its teim 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 necessitated due
to causes not attributable to either the Lessor or the Government, funding responsibility shall be
detennined by the Government..
7. 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.
Federal Aviation Administration
Page 3
(10/98)
8. 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.
9. HOLDOVER
If after the expiration of the lease, the Government shall retain possession of the
premises, the lease shall, continue in force and effect on a month to month basis. This period
shall continue until the Government has signed a new lease with the Lessor, acquired the
property in fee or vacated the leased premises.
10. 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.
11. 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 mount of the contingent fee.
12. 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.
Federal Aviation Administration Page 4
(10/98)
14.
13. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning
awards of contracts shall be resolved under this clause, and through the Federal Aviation
Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in
accordance with 49 U.S.C. 46110 and shall apply only to fmal agency decisions. The decision of
the FAA shall be considered a final agency decision only after the lessor or offeror has exhausted
their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution
System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of
the date that the protester was aware, or should reasonably have been aware, or should
reasonably have been aware, of the agency action or inaction which forms the basis of the
protest. Unless otherwise stated in this contract, a contract dispute by the lessor against the
government shall be submitted to the Contracting Officer within 1 year after the accrual of the
contract dispute. Infotmati0n relating to submitting a protest or dispute will be provided by the
Contracting Officer, upon request.
SPECIAL STIPLrLATIONS FOR THE INSTALLATION AND OPERATION OF
AUTOMATED WEATHER OBSERVING SYSTEM (ASOS) UNDER THE TERM OF
THIS LEASE.
14.1 Lessor shall maintain vegetation to less than 10 inches in height within 100 feet of
the FAA's ASOS site(s).
14.2 Lessor shall notify FAA's airport operation maintenance office when construction
or agricultural (tilling, mowing, harvesting, etc.) activity is scheduled or occurs that
produces abnormal amounts of dust at the FAA's ASOS sensor equipment site(s).
14.3 Lessor shall not construct adjacent to FAA's ASOS sensor(s) site, major paved
surfaces, irrigated or drainage areas, or mst/nm-up facility that may significantly alter
temperature, humidity, or wind measurement.
14.4 Lessor shall not create topographical surface changes (excavation or mounding)
within 500 feet of ASOS sensor(s). Smooth and gradual surface changes are essential to
representative wind measurement.
14.5 Lessor shall keep trees within a 1000' radius of the FAA's ASOS sensor site(s)
and on airport property trimmed and thinned so that growth does not progressively
degrade the representativeness of wind measurements from the base line conditions that
existed upon installation.
14.6Lessor agrees to plan airport developments so new buildings and construction:
14.6.1 Do not degrade wind speed/direction or temperature/humidity measurements.
14.6.2 Do not block or electronically interfere with the UHF data-link line-of-site
between ASOS sensor site(s) and FAA's ASOS ACU processor located in
ATCT.
14.6.3 Do not interrupt or endanger the steady supply of electrical power to the FAA
ASOS sensor site(s) and ASOS processor, located in the ATCT.
Federal Aviation Administration
Page 5
(10/98)
14.6.4 Or so that acceptable alternative measures are jointly agreed to by the Lessor and
the FAA before potentially disruptive construction or development is
undertaken.
14.7 The Lessor shall provide for the power access to the FAA ASOS and associated
electrical equipment and cables to the FAA ASOS equipment.
15. 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.
16. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such other address as either party may designate from time to time by notice or correspondence
to the other):
TO LESSOR:
City of Ukiah
300 Seminary Avenue
Ukiah, California 95482
TO GOVERNMENT:
Department of Transportation
Federal Aviation Administration
Real Estate & Utilities Team, AWP-54B
P.O. Box 92007
Los Angeles, CA 90009-2007
17. The following are attached and made a part hereof: Site Location Plan, Site Civil Layout
Plan at Rwy 15-33 and Site Electrical Layout Plan
Federal Aviation Administration
Page 6
(10/98}
18. The following changes were made in this lease prior to its execution: None
This lease supersedes Lease obtained by the Department of Commerce, which expires by
limitation on October 30, 2012.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
LESSOR
(Signature)
(Official Tittle)
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By:
Contracting Officer, Real Estate &
Utilities Team, AWP-54B
Date:
FederalAviation Administmtion Page 7
(10/98)
U'~<~ah. CA
Ukiah Municipal A~rport (UKI)
Rev. 0
SITE LOCATION PLAN
1:24,000
Plan
F1~C£
POWER POLE
PLANNED
END TOWER
LOCATION
LICE]GE
1~' I~DII. I~
GROUP
LOCATION
ROAD
- SEGI~DITED CIRCLE
SImSOR CmOUPI
FENCE
PLAN
SCALE: 1' = 200'
ASO$ SENSOR .aREA
EXISTING BUILDIN(~
C~, PHOTO t~L~BER
200' 400'
SITE CIVIL LAYOUT PLAN AT RWY 15-;53
SCALE 1" =
Plan 2 7
mm,,
U~h, CA
Ukioh kJunJcipal Airport (UK])
Rev. 1 November 24, 1997
/-- DISPLACED IHRESHOLD
/-- BRL FENCE
PROV)DE (1) ~Om ~10. ~E ~C
POWER CABLE. CAeLE Y,qLL Br R
I tNgDE OF FENCE LINE 'to ~OUH'rlN¢
I FF~E AT POWER POLE. DmECT BU~
I AT 36' ldlN, BELOW GR,AJ:)E
PLANE) Ag~
WIND 'rOWER
LOCATION
~TO~
PLANNE~ ~osl
SENSOR GRouPI
LOCA'nO~ I
FENCE
PLANNED ELECll~C. AL
EQUIPUENT MOUNTING
FRAUE SEE PLAN 5
PLANNED ASOS
GROUP
PLAN
sc~ 1'= 200'
)dC POWER CABLE lO SE]4SORI__~
GROUP 'D CP. DIRECT BURY AT /
36' MN. BELOW GIU~DE /
/
~ EXISTtfiG BUIU)IHG
(~1, i~NOTO HUIdBER
SITE ELECTRICAL LAYOUT PLAN AT RWY 15-33
SCALE 1' = 400'
Plan 3 8