HomeMy WebLinkAboutFederal Aviation Administration (FAA) 2018-10-01 • Attachment 2 lease No. DTFAWN-1 7-L-00 180
COU Na. t M
ANTENNA AND EQUIPMENT SPACE LEASE
Between
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
City of Ukiah
Lease No. OTFAWN-17-L-00180
Ukiah,CA RCO
SECTION 1 -OPENING
6.1.1 Preamble(JAN 2017)
This Lease is hereby entered into by and between City of Ukiah,hereinafter referred to as the Lessor and the United
States of America,acting by and through the Federal Aviation Administration,hereinafter referred to as the
Government.The terms and provisions of this lease,and the conditions herein,bind the Lessor and the Lessor's
heirs,executors,administrators,successors,and assigns.
For purposes of this Lease,the terms Contractor and Lessor are interchangeable with each other.
6.1.2 Superseding Lease(JAN 2015)
This Lease supersedes Lease DTFANM-09-L-00020 and all other previous agreements between the parties for the
leased property described in this document.
6.1.3 Witnesseth(JAN 2015)
Witnesseth:The parties hereto, for the consideration hereinafter mentioned covenant and agree as follows:
6.1.4 Description(JAN 2017)-Alternate I(OCT 1996)
The Lessor hereby leases to the Government the following described premises which shall be related to the FAA's
activities in support of Air Traffic Operations(Said premises shall be related to the FAA's activities in support of
Air Traffic operations):approximately 640 square feet of rack space and rooftop space for an FAA antenna located
at the Ukiah Regional Airport, 1403 S State Street Ukiah,California 95482. As depicted in the attached Exhibit A.
SECTION 2 -TERMS
6.2.5 Term(AUG 2002)
To have and to hold,for the term commencing on October I,2018 and continuing through September 30,2028
inclusive,provided that adequate appropriations are available from year to year for the consideration herein.
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Attachment 2 lease No. DTFAWN-1 7-L-001 80 +
6.2.6 Consideration(JAN 2017)-Alternate li(JUL 2017)
The Government shall pay the Lessor rent for the premises in the amount of 2,533.38 per quarter. Payment shall
be made in arrears, without the submission of invoices or vouchers. Payments are due on the first business day
following the end of the payment period and are subject to available appropriations.The payments shall be directly
deposited in accordance with the"Payment by Electronic Funds Transfer"clause in this Lease. Payments shall be
considered paid on the day an electronic funds transfer is made.
6.2.7 Cancellation (JAN 2017)
The Government may terminate this Lease at any time, in whole or in part, if the Real Estate Contracting Officer
(RECO)determines that a termination is in the best interest of the Government.The RECO shall terminate by
delivering to the Lessor a written notice specifying the effective date of the termination.The termination notice shall
be delivered by certified[nail return receipt requested and mailed at least ninety(90)days before the effective
termination date.
6.2.14 Holdover(JUL 2017)
If after the expiration of the Lease,the Government shall retain possession of the premises,the Lease shall continue
in full force and effect on a month-to-month basis. Payment shall be made in accordance with the Consideration
clause of the Lease, in arrears on a prorated basis,at the rate paid during the Lease term. This period shall continue
until the Government shall have signed a new lease with the Lessor,acquired the property in fee,or vacated the
premises.
6.2.16 Lessor's Successors 0U L 2017)
The terms and provisions of this Lease and the conditions herein bind the Lessor and the Lessor's heirs,executors,
administrators,successors,and assigns.
SECTION 3 - GENERAL CLAUSES
3.2.5-1-RE Officials Not to Benefit(OCT 1996)
No member of or delegate to Congress, or resident commissioner,shall be admitted to any share or part of this lease,
or to any benefit arising from it. However,this clause does not apply to this lease to the extent that this lease is made
with a corporation for the corporation's general benefit.
3.3.1-15-RE Assignment of Claims(OCT 1996)
Pursuant to the Assignment of Claims Act,as amended,31 U.S.C. §3727,41 U.S.C. § 6305 the lessor may assign
its rights to be paid under this lease.
6.3.10 Maintenance of Premises(JAN 2017)
The Lessor will maintain the demised premises,including the building,grounds,all equipment, fixtures and
appurtenances furnished by the Lessor under this Lease, in good repair and tenantable condition.The Lessor shall
ensure that all hazards associated with electrical equipment are marked in accordance with the Occupational Safety
and Health Administration(OSHA)requirements and National Fire Protection Association(NFPA)70 electrical
code.
6.3.16 Failure in Performance(OCT 1996)
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• Attachment 2 Lase No. DTFAWN-1 7-L-001 80
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 will constitute default by the Government on
this Lease.
6.3.17 No Waiver(OCT 1996)
No failure by the Government to insist upon strict performance of any provision of this Lease,or failure to exercise
any right,or remedy consequent to a breach thereof,will constitute a waiver of any such breach in the future.
6.3.18 Non-Restoration(JUL 2017)
It is hereby agreed between the parties that,upon termination of its occupancy(due to termination or expiration of
the Lease,the Government shall have no obligation to restore and,`or rehabilitate,either wholly or partially,the
property that is the subject of this lease, including any holdover period. 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.
6.3.26 Damage by Fire or Other Casualty(OCT 1996)
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.
6,3.28 Interference(OCT 2008)
Should there be interference with the Lessor's facility due to the FAA operations,the FAA shall correct the problem
immediately. If the Lessor's facility interferes with FAA's equipment,then the Lessor will correct the problem
immediately.
6.3.29 Alterations(.IAN 2017)
The Government shall have the right during the term ofthis Lease,including any extensions thereof,to make
alterations,attach fixtures,and erect structures or signs in or upon the premises hereby leased,which fixtures,
alterations 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.The parties hereto mutually
agree and understand,that no restoration rights shall accrue to the Lessor for any alterations or removal of
alterations to the leased premises under this Lease,and that the Government shall have the option of abandoning
alterations in place,when terminating the Lease,at no additional cost.
6.3.30 Hold Harmless(OCT 1996)
In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act
of 1948,as amended(28 USC 2671 et. seq.),hereafter termed"the Act"the Government will be liable to persons
damaged by any personal injury,death or injury to or loss of property, which is caused by a negligent or wrongful
act or omission of an employee of the Government while acting within the scope of his office or employment under
circumstances where a private person would be liable in accordance with the law of the place where the act or
omission occurred.The foregoing shall not be deemed to extend the Government's liability beyond that existing
under the Act at the time of such act or omission or to preclude the Government from using any defense available in
law or equity.
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Attachment 2 lease No. DTFAWN-17-L-00180 '
6.3.31 Default by Lessor(OCT 1996)
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 RECO,following Lessor's receipt of written notice thereof from the RECO.
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.
If default occurs,the Government may,by written notice to the Lessor,terminate the leave in whole or in part.
6.3.32 Compliance with Applicable Luws(OCT 1996)
The Lessor shall comply with all federal,state and local laws applicable to the Lessor as owner or Lessor,or both,of
building or 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.
6.3.33 Covenant Against Contingent Fees(AVG 2002)
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.
6.3.34 Anti-Kickback-Real Property by Reference(JAN 2017)
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.
6.3.35 Examination of Records(AUG 2002)
The Comptroller General of the United States,the Administrator of FAA or a duly authorized representative from
either shall, until three(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.
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Attachment 2 lease No. DTFAWN-17-L-00180
6.3.36 Subordination,Nondisturbanee and Attornment(JAN 2017)
A.The Government agrees, in consideration of the warranties and conditions set forth in this clause,that this Lease
is subject and subordinate to any and all recorded mortgages,deeds of trust and other liens now or hereafter existing
or imposed upon the premises,and to any renewal, modification or extension thereof. It is the intention of the parties
that this provision shall be self-operative and that no further instrument shall be required to effect the present or
subsequent subordination of this Lease. Based on a written demand received by the RECO,the Government will
review and, if acceptable,execute such instruments as Lessor may reasonably request to evidence further the
subordination of this Lease to any existing or future mortgage,deed of trust or other security interest pertaining to
the premises, and to any water,sewer or access easement necessary or desirable to serve the premises or adjoining
property owned in whole or in part by Lessor if such easement does not interfere with the full enjoyment of any right
granted the Government under this Lease.
B.No such subordination,to either existing or future mortgages,deeds of trust or other lien or security instrument
shall operate to affect adversely any right of the Government under this Lease so long as the Government is not in
default under this Lease. Lessor will include in any future mortgage,deed of trust or other security instrument to
which this Lease becomes subordinate,or in a separate non-disturbance agreement,a provision to the foregoing
effect. Lessor wan-ants that the holders of all notes or other obligations secured by existing mortgages,deeds of trust
or other security instruments have consented to the provisions of this clause,and agrees to provide true copies of all
such consents to the RECO promptly upon demand.
C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage,
deed of trust or other security instrument,or the giving of deed in lieu of foreclosure,the Government will be
deemed to have attorned to any purchaser,purchasers,transferee or transferees of the premises or any portion
thereof and its or their successors and assigns,and any such purchasers and transferees will be deemed to have
assumed all obligations of the Lessor under this Lease,so as to establish direct privity of estate and contract between
Government and such purchasers or 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,
further,that the RECO and such purchasers or transferees shall,with reasonable promptness following any such sale
or deed delivery in lieu of foreclosure,execute all such revisions to this Lease,or other writings,as shall be
necessary to document the foregoing relationship.
D. None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a
sovereign.
6.3.39 Integrated Agreement(OCT 1996)
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.
6.3.44 Inspection(OCT 1996)
The Government reserves the right,at any time after the Lease is signed and during the term of the Lease,to inspect
the leased premises and all other 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.
6.3.45 Contract Disputes- Real Property by Reference(JAN 2017)
All contract disputes arising under or related to this Lease will be resolved through the FAA dispute resolution
system at the Office of Dispute Resolution for Acquisition(ODRA)and will 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 will apply only to final agency decisions. A Lessor may seek review of a
final Government decision only after its administrative remedies have been exhausted.
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Attachment 2 lease No. DTFAWN-17-L.-00180
All contract disputes will be in writing and will be filed at the following address:
Office of Dispute Resolution for Acquisition,AGC-70
Federal Aviation Administration
800 Independence Avenue,S.W., Room 323,
Washington, DC 20591
Telephone:(202)267-3290
A contract dispute against the FAA will be filed with the ODRA within two(2)years of the accrual of the lease
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. Upon request the full text will be provided
by the RECO.
SECTION 4- FINANCIAL CLAUSES
6.4.1 System for Award Management- Real Property-SAM Waiver(JAN 2017)
The System for Award Management(SAM) is the Government's required method to receive vendor information.
However,you have been granted an exception to SAM and therefore must provide your initial payment information
and any future changes to your payment information to the RECO on a completed and signed"Vendor
Miscellaneous Payment Information" form,together with any other required notice under this lease.
6.4.2 Payment by Electronic Funds Transfer(JAN 2017)
All payments by the Government under this Lease will be made by electronic funds transfer(EFT).The Government
will make payment by EFT through the Automated Clearing House(ACH)network, subject to the rules of the
National Automated Clearing House Association.The rules governing federal payments through the ACH are
contained in 31 CFR Part 210.The Lessor is responsible for maintaining correct payment information with the
Government. If the Lessor's EFT information is incorrect or outdated,the Government is not required to make
payments to the Lessor until correct/current EFT information is submitted to the Government for payment
distribution.
SECTION 5 - DESIGN AND CONSTRUCTION CLAUSE
6.5.22 Installation of Antennas,Cables&Other Appurtenances(JAN 2017)
The FAA shall have the right to install, operate and maintain antennas,wires and their supporting structures,
including any linking wires,connecting cables and conduits atop and within buildings and structures,or at other
locations,as deemed necessary by the Government.The Government will coordinate with the Lessor when installing
antennas,cables,and other appurtenances.
SECTION 6-GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS
CLAUSES—Not Applicable
SECTION 7- SERVICES, UTILITIES, AND MAINTENANCE CLAUSES
6.7.1-2 Services and Utilities(JAN 2017)
Services supplied to technical equipment will be supplied 24 hours a day,and seven days a week.The Government
will have access to the leased premises at all times,including the use of electrical services without additional
payment.
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Attachment 2 lease No. DTFAWN-17-L-00180
A. ELECTRICITY
B. SNOW REMOVAL
C.GROUND MAINTENANCE
SECTION 8 -ENVIRONMENTAL OCCUPATIONAL SAFETY AND HEALTH
CLAUSES--Not Applicable
SECTION 9 - SECURITY CLAUSES—Not Applicable
SECTION 10- CLOSING
6.10.1 Notices(JUL 2017)
All not iceslcorrespondence shall be in writing,referencing,to the Lease number,and be addressed as follows:
TO THE LESSOR:
City of Ukiah
Airport
300 Seminary Ave
Ukiah,CA 95482
TO THE GOVERNMENT
Federal Aviation Administration
Real Estate&Utilities Group,AAQ•930
2200 S 216th
Des Moines, WA 98198
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Attachment 2 lease No. DTFAWN-1 7-L-001 80
6.10.3 Signature Block(JUL 2017)
This Lease shall become effective when it is fully executed by all parties.
In witness whereof,the parties hereto have signed their names.
City of Ukiah
By:
Print Name: {J. J_� .n+•�
Title: �Ar.,r VfY ,.A -*-1
Date: c ` �� - i 9'
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By:
Print Name: Chris M. Bown
Title: Real Estate Contracting Officer
Date:
SECTION 11 —ATTACHMENTS/EXHIBITS/SPECIAL STIPULATIONS
[RECO to insert any special stipulations or conditions as an attachment]
AllachmentlEvItibil List
Number Title Date Number of
Pages
Ukiah RCO Floor Plan"Exhibit A" 8/11/2018-1 1
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Attachment 2 lease No. DTFAWN-17- -D180
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Attachment 2 lease No. DTFAWN-17-L-00180
CORPORATE 1 AIRPORT AUTHORITY 1 CITY 1 COUNTY CERTIFICATE
If agreement is made with a Corporation, City, or County, the Secretary, Assistant Secretary or
City/County Clerk shall execute the following certificate:
1, , certify that I am the of the
City named in the attached agreement; that who signed said
agreement on behalf of the City was then of said
City; that said agreement was duly signed for and in behalf of said City by authority of its
governing body, and is within the scope of its City powers.
CORPORATE t CITY SEAL