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HomeMy WebLinkAboutContracts & Agreements_180-2003 FEDERAL AVIATION ADMINISTRATION MID Lease No DTFA08-97-L-17521 Facility- Remote Transmitter/Receiver US Department (RTR) of Transportation Redlands, California LEASE Between CITY OF REDLANDS and THE UNITED STATES OF AMERICA This Lease, made and entered into this 16th day of September in the year 2003 by and between CITY OF REDLANDS who address is P O Box 3005 Redlands, California 92373 for itself and its administrators successors and assigns hereinafter referred to as Lessor and tl e UNITED STATES OF AMERICA, hereinafter called the Government WITNESSETH The parties hereto foi 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 See Legal Description on Page 2 Federal Aviation Administration Page 1 Lease No DTFA08-97-L-17521 LEGAL DESCRIPTION REMOTE TRANSMITTER/RECEIVER(RTR) RE,DLANDS, CALIFORNIA Beginning at the quartea cornea cominon to Section 13 T1S, R3W and Section 18 TIS, R2W, S B B M go N 00' 46' 17" W 1333 66' to a point Thence S 640 09' 02"E 274 7 feet to the Point of Beginning, thence N 760 18' 43" E 230 00 feet to a point, thence N 130 41' 17" W 200 00 feet to a point, thence S 760 18' 43 ' W 230 00 feet to a point, thence S 13' 41' 17" E to the Point of Beginning This parcel contains 1 056 acres more or less All bearings are true and were established from a survey plot map dated December 1, 1966, surveyed by Hicks &Hartwick, Redlands, California Federal Aviation Administration Page 2 Lease No DTFA08-97-L-17521 (a) Together with a right-of-way for ingress to and egress from the premises, a i ight-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommum cation lines to the premises, and a right-of-way for subsurface power, communication and/oi water lines to the premises, all lights-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 (b) 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 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 the Govei7nnent, 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 TERM For the term beginning September 16, 2003 and ending September 30, 2004 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 (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 2018 3 CONSIDERATION The Government shall pay the Lesson 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 facilities upon the premises hereby leased 4 RESTORATION The Government shall surrender possession of the premises upon the date of expiration of termination of this lease If the Lessor provides written notice, prior to the date of expiration or termination, requesting 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 may be mutually agreed upon, either Federal Aviation Administration Page 3 Lease No DTFA08-97-L-17521 (a) 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 I(a), I(b) and l(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or, rr 5 INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind of 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 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 relocation, replacements, or modifications are necessitated due to causes not attributable to either the Lesson or the Government, funding responsibility shall be determined 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/oi 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 The Government shall indemnify, defend and save harmless the Lessor for and against all claims for compensatory money damages for injury or loss of property or personal injury of death cause by the negligent or wrongful act or omission of any employee of the Federal Aviation Administration Page 4 Lease No DTFA08-97-L-17521 government white acting within the scope of his office or employment under cii cumstances where the government, if a private person, would be liable in accordance with the law of the place where the act or omission occurred The foregoing indemnity shall not extend to claims based upon acts or omissions of the government's employees for which the government would not be liable under the Feder al Tort Claims Act of 1945 (28 U.S.C. 2671 et. seq.) as now or hereafter amended. The Lessor shall furnish the government with reasonable notice of any claims made against the government. 8 QUIET ENJOYMENT The Lessor warrants that they have good and valid title to the premises, and lights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against thnd party claims 9 OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share of 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 10 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 of agency For breach or violation of this warranty, the Government shall have the right to annul this contract without liability oi, in its discretion, to deduct from the contract price or consideration, or otherwise recover the frill amount of the contingent fee II 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 Contractoi or higher tier subcontractor Federal Aviation Administration Page s Lease No DTFA08-97-L-17521 12 PROTEST AND DISPUTES All contract disputes arising tinder of 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 final agency decisions The decision of the FAA shall be considered a final agency decision only after a contractor of offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System Protests inust be filled with the Office of Dispute Resolution within 5 calendar days of the date that the protestei was aware, of should reasonably have been aware, or should reasonably have been awaie, of the agency action or inaction which forms the basis of the protest Unless otherwise stated in this contract dispute by the contractot against the government shall be submitted to the Contracting Officer within 1 year after the acci vial of the contract dispute Information relating to submitting a protest of dispute will be provided by the Contracting Officer, upon request 13 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 14 NOTICES All noticeslcoirespondence 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 of correspondence to the other) TO LESSOR City of Redlands Municipal Utilities Department P O Box 3005 Redlands, California 92373 TO GOVERNMENT Department of Transportation Federal Aviation Administration Real Estate &Utilities Team , AWP-54B P O Box 92007, World Way Postal Center Los Angeles, CA 90009-2007 Federal Aviation Administration page 5 Lease No DT A08-97-L-17521 15. HOLDOVER PERIOD Previous Lease No DIT-FA75WE-2893 expired by its own terms on June 30, 1994 Both Lessor and Government acknowledge that the Government was in possession and had the use of the facility without benefit of a lease from the period July 1, 1994 through the date of this lease is fully executed. It is further agreed that no monetary consideration in the from of rental will be paid for the holdover period 16 The following are attached and made a part hereof Exhibit "A" - Drawing WE-D-640- 41905-22A, Redlands Remote Transmitter/Receiver Plot Plan, dated 1/31/75 17 The following changes were made in this lease prior to its execution Paragraph 4 (b) is deleted in its entirety. Paragraph 7 is amended. Paragraph 15 is added in its entirety. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written LESSOR CITY OF REDLANDS By Attest- Title Karl Haws, Mayor (��' 4�QY'2-Y-4 -) - Lor 'e Poyzer, Clerk qWy of Redlan MS THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By- ontracti g Officer, Real Estate Title & Utilities Team, AWP-54B Date Federal Aviation Administration page 7 LEGEND 1 t iID i Is Q CSC''/T=URA!T,GA`r5h4l7_=E{7PLG4�(TRt.fLzF, O 2'Ir 3'+t 3' LO PRECAST CONC PULL BOX(lYP)Cr)'REQ D) I7 GATE STOP C KEEPER EACH S1DE OF GATE, AS PER OR D 5517 __ 'REDLANDS P/Sr/L EMBEDDED IN CONE FOR PwR CABLE !0 FENCE, 7 CYCLONE WITH 3 BARBWIRE STRANDS ,,� ) ' - IHSGHLA-NO(1„ AIRpOII. 18 PLUNGER BAR LATCH AS PER OR D 5597 O STEEL ANTENNA TOW ER$�S'�LA�FO.e ..5(.3 PLACES) I! GATE — RT t { SAN SERNARDINO -� ® 10' SQUARE 4'A66REGATE COURSE(3 PLACES) f2 METER ENCLOSURE !9 2-2 DIA PLANATE DUCTS EMBEDOE!] !N CONE�TEL[0)l ! \ ti�j REMOTE T/R SITE TERMINATED!N PULL 80X n'r a 6A /��^�• NORTOl \ O5 WALKWAY,3'NUDE,CLASS 11 BASE SURFACE COURSE(I PLACES) O3 GUARD POSTS 4 x 4"x 6' MIN. REDWODB(4 REQUIRED) ® 13'D1A PLASTIC DUCT{SECONDARY POWER) EMBEDDED j AFB I. Sw/IrA ANA WASH IN CONE TERMINATE AT XFMR PAD SEE OR1WlNG 34 Ds' 6O ACCESS ROAD,!2 FEET WIDE(FIN GRADE ELEV l571 � O FUEL TANK, UNDERGROUND STS GALLON WE-D 640 4f905 22C ) I G!TO POMONn -' O7PARKING AREA,4 COMPACTED CLASS 1I BASE SURFACE COURSE MI5 ACCESS ROAD 2! TRANSFORMER PAD(SEE DR WE•D-G40 41?05 22C ) A LDS ANGELES �� A SELECT FILL(FIN GRADE ELEV 15BAS AR�PORT rI �W4o1'!1�s..._...._..�� O24'D!A BY20.O'LONG CORRUGATED METAL CULVERT �EAi'/NGS AJee 7,-b2- �J !2'BELOW ROAD BED 1�Ij1ELCO DEMARCATION CABINET i 99 ® 5 !/C RG-218 CABLES(24'VG IN PLASTIC DUCT ENCASED IN CONE) - ( 3 L0CA71ONS) S9S S4FCT/ON H N 23 GROUNDING SYSTEM(*6 B.0 G �x 8-0� GND RODS) r AA p r YUCAIPq tv RED�6S 110 '�' zoo a' rf95 y. a ____ //� O' �=.= ��"•I - r0 COACHELLA TO RIVERSIDE VALLEY 3 3 _ - - "'" _= A o L VICINITY MAP SCALE IN MILES �.V/'CogM -- - - -- — GENERAL NOTES GRAD` ` 1 OWNER SAN BERNARDINO,CA LIF LOCATION REDLANDS MUNICIPAL AIRPORT C ' �, - LATITUDE 34005118"N LONGITUDE !17*08'12 W � ELE: rslf �, i ELEVATION 1571 MSL a O v r 1 AREA 1056 ACRES REFEREiaCE DRAWINGS n' / " '�-/ •' ",% SLOG II n If `T T N ICE D 640-41905 22A FLAT PLAN WE D .40-41905 22AL -OPOGRAP'I"'"AND PROPERTY Ttt 17E D 40-4€905 223 CROU E NG SYSTEM VAN PLANS, ELEVATIONS AND DETAILS \ G � HE D o40-4€9p5�7f GROUIDI!;C SYSTEM TRANSFORMER PAD TOWER FOUNDATION "1IEL TA?i{ \ I Z2 + i �7 E': €} AND HISCELi�ltiE0515 DETAILS WE D 640-41905 22D :RAIiSHITTER VAT. 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STAIDARD DRAWINGS 'l SCALE 1- I'O" l3 \ J / P2tw' I WE D .564 5 1/15/62 PALL AbTEIIM TOWER COAXIAL CABLES At:D JUNCTION BOX h €'�T' - I I ` DETAILS I D 2111 t (Rev A) 7112/71 FUEL TA.IK INSTALLITION UIMERGROUND GISOLUM &DIESEL - D 5052 (Rcv 4) 5109161 VHF11113E AIT•"CZi:A SUPPORT TYPE ASS MODEL € n •v/ {1 yy 1 2 a, x/C%0 D 5059 (R 3) 3115/(4 VHF/uar-RAIZSMITTIIZG ALTO RECEIVING AL.'iEi:IZA5 FOR 57EEL ' T ? \ / �'-"" - 5 -ONERS ERECTIO' OF ASD MODEL 1 BRACKET r3 !MG GV{ __._._.r `� / �` ' + '"P•04J F'-_�� 7 f I(c r fus'If7f t 1/) J7 � Iw' D 541� 5 (Rcv 1) 9/1 /5`/ Y'�IFIL^.iF AIR GROUND CO`DRf::ICAT ONS FACILITY, TOWER, V / \ , _ 1 / �•--i- a J r SELF SUPPORTING AiTENI:A SUPPORT 3ASE AS5KN5=5 4' L - ( f �� / _J V / STACC^IIML OETAII3 r D 5439 1 (RCv 2) 3/11101 -OWER 5ELF SUrVORTING TYPE GP 1 PL\TFORH P —�'� �`-^---"--'- - --- - y -- -^^w•,• "„ tT ` _ ERECT QIi AID FABRICA-10I DE-Ai1S 0 5439 5 :Rev I) 3/13/61 TOWER SELF SF:PPOR"'IIZG T"PE GP 1 -OVER SEC-104 3 ERECTIONi AID PABRIGITTOI DETAILS ,'\ / frYFMR'A'A� LAyoUT "' 6 D 5439 7 (Rev 1} 3/13161 IOriER SELP SUPPORT€1'a TYPE CP l TOYER SECTION E z , 5-= ' a ]— e L _ �ti I ERECTION AND FADRICAI-INS DETAILS WE-p rya �L/9oS 72c JI ➢ 5439 14 (Rcv 1) 3113/01 TOWER, SEL7-SUPPORTING TYPE CP 1 TC{SJYR SASE SECTIO. VERT 3AV ERECIICK AIM FABRICATION➢E'TAl1S J!I, 7':% 0 5439-20 (Rev 2) 11/2162 -OVER SELF SUPPORT'NC TYPE GP 1 PORTAL FOR TOWER SECTICM E, ERECTION AID) FABRICATION DETAILS D$498 (Rev 2) 7127164 COMVNZCAX'ION$ FACILITY TOWERS TYPICAL ELECTRICAL. 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