HomeMy WebLinkAboutContracts & Agreements_49-2019 MEMORANDUM OF AGREEMENT (MOA)
B�tween
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATI�N
FEDERAL AVIATION ADMINISTRATYON
And
CITY OF REDLANDS
MOA Na. 690EG4-18�L-OO1.02
Redlands, CA
SECTION T - OPENING
6.1..1.�1� Preamble
This Memorandum of Agr�ement ("Agreeznent") is made and entered into b�the City of
Redlands ("City"} far Redlar�ds Munieipal Airport,hereinafter referred to as the "Airport,"for
itself, its successors and assigns, and the Federal Aviation Administration,hereinafter referred to
as the "FAA."The City and the�'AA are sometimes individually areferred to herein as a"Part�"
and, together, as the "Parties."
6.1..3-1. Witnesseth
W�ereas, the Parties have entered inta an Aixport Improvement Grant Agreement; and
Wi�ereas,the Parties have entered into an agreement providing for the construction, operation,
and�naintenance of FAA owned na�vigatian, cam�unication and weather aids for the support o�
Air Traffic Operations; and
Whereas,the Parties consider it desiral�le to work in coaperation with each other in the technical
installation and operation of air navigatianal aids; and
Whereas,t�e Parties agree the establishment, operation, and maintenance of systerr�s for air
traffic cnn�rol, �avigation, communication, and weather reportzng is in the primary interest of
safety an.d direct support of the ongoing operation o��he Ai�port; and .
Whereas,this Agree�xaent supersedes or succeeds DTFA08-97�L-]752I and all other previous
agreements be�ween the Parties for the property described in this Agreement;
Pa�e 1
Now,there�ore, in consideration of the rr�utual prozx�ises contained herein,the Parties z�rzutually
agree as �ollows:
SECT�ON 2 - TERMS
6.2.1-1 Purpose (APR 2005)
It is under,stood and agreed that the usa o�the herein described prerr�ises,known as the Airport,
shall be related to the FAA's activities in support of Air Traff c Qperations.
6.2.5-1 Terms and Conditions
It is mutually understoad and agreed that the Airport requires FAA navigation aid facilities in
order to operate their 1�usiness and that tl�e FAA requixes navigation, communication, ar�.d
weather aid�Eacilities at the Air�aort in order to s�pport Air Traffic Operations. Tk�us, in the
interest of#he Parties it is hereby agreed fihat the City will allow the FAA to construct, operate,
and maintain FAA owned navigation, communication, and weather aid facilities in areas on the
Airport that have been mu�ually determined and agreed upon�or the term commencing on
October 18, 201 S, a�a.d cantinuing through September 30, 2038. The �'AA can terminate tk�is
Agreement, in whole or part at ariy time by giving at least(60) days' prior written notice to City.
Said nofiice shall be sent by certified or registered mail.
A. Together with a right-of-way for ingr�ss to and egress from�he premises; a right-o�way for
establishing and maintaining pole Iines ar underground Iines for extending electrical power
andJar�elecommur�ications lines to the preznises; including a right�of-way�o�subsurfaee power,
communication and/or water Iines to the premises; all rights-of-way to be over the area referred
to as the Airport, to be rauted reasonably determined to be the�ost convenient to the FAA and
as not to interfere w�th Airport operations. City shall have fihe right to review and comment on
plans covering access and utility rights-of-way under this paragraph.
B. And the right to grading, conditioning, and installing drainage �acilities, seeding the soil of the
premises, and removing all obstructions from the preinises which may canstitute a hindrance to
the establishment and maintenance of navigatior�al aid systems. City shall�av�the right to
review and cozx�ment on plans covering work pez-�x�itted uncier this paragraph.
C. At�d the rights ta rz�ake alterations, attach fixtures, and erect additions, struetur�s or signs, in
di�•ect support a�the Airport. City shall have the right to �•eview ar�d comment on plans covering
work pez�nra.itted under this paragraph.
D. And the right to paz•k, without cost, all official and privately owned ve�icles �zsed far the
maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to
the z�avigational aid facility or as near as possible without interfering with the operation of the
Airport.
Page 2
6,2.G Consxderation -No Cost (AUG 20a2} -Alternate I (AUG 2UO2}
The FAA shall pay City no manetary consideration in the forrn ofrental. It is mutually agreed
that the rights extended to the �AA herein are in consideration of�he obiigations assumed by the
FAA in its establishment, operation, and maintenance of�acilities upon the Airport.
6.2.9 FAA Facilities (APR 2005)
The FAA facilities covered by this Agreeme�t are identified on the most current approved
Airport Layout Plan(ALP) andlor other pertinent drawings that are�nade part of this Agreement
by reference and shovsm an the attached FAA "List of Faeilities."
SECTTON 3 - GENERAL CLAUSES
3.2.5-1. RE Officials Nat to Benefit
No member of or delegate ta Congress, or resident co�ntniss'raner, shall be admitted to any share
or part of this Agree�ent, or to any benefit arising from it. However,this clause does not apply
to this Agreemez�t to the extent that this Agreement is m.ade with a corporation for the
corparation's general benef t.
5.35 Tit�e to Impravements (APR 2QQ5}
Title to the improvements constructed for use by the FAA during the life o�tk�is Agreement shall
be in the narr�e of the FAA.
6.3.G Funding Responsibility faar FAA Facilities
City agrees that any and aIl City requested relocation(s),replaceznent(s), or modification(s} o�
any existing or future FAA navigational aid or cammunication system(s) necessitated by Ai�port
irnproveznents or changes will be at the expense o�City. In the event that City requested changes
ar izxa.pro�ements interfere with the techn.ical and/or operational characteristics of the FAA's
facility, City will immediately cozz�ect the interference issues at City's expense. Any �'AA
requested relocation, replaceament, or rriodifications shall be at�he FAA's expense. Yn the event
such relocations, replacements, or modifications are necessary due to causes not attributable ta
either City or the FAA, funding responsibility shall be determined by mutual agreement between
xhe Parties, and rr�emorialized in an arnendz�ent to this Agreement.
G.3.1.8 Non-Restoration (JUL 2017) -Alter�.ate I (JUL 2017}
It is hereby agreed between the Parties that, upon termination of its occupancy (due to
termination or expizatian of this Agree�nent),the FAA shall have no obligation to restore and/ar
rehabilitate, either wholly or partially,the property that is t�e subject of this Agrcement,
including a.n.y holciaver period. It is further agreed that the FAA may abandon in place axiy or all
of t�.e structures and equipm�nt installed in or Iocated upon said property by the FAA during its
tenure. Such abandoned equiprnent sh.all become the property of City.
, Page 3
6.3.25 Quiet Enjayment �
City warrants that it has good and valid title to the Airport, and rights of ingress and egress, and
warrants and covenants to defend the FAA's use and enjoyrnent of said premises against third
pa.t�ty claims.
b.3.28-2 Inter£erenc�wit� FAA Operations
City agrees not to erect or allaw to be erected any structure or obstruction of any kind or nat�re
within City's boundaries that the FAA determines may inter�ere with the proper operation af tihe
facilities installed by the FAA. The �'AA and City agree tk�at such action(s) would nat be in the
best interest o�City or the FAA.
6.3.36 Se�bord�nation, Nondisturbance and At�or�ment
A. The FAA agrees, in cQnsideration a�tk�.e warranties and conditions set�orth in this clause,that
this Agreernent is subj�ct�nd subardinate to any and all recorded n�.ortgages, deeds of trust and
other liens now or hereafter existing or imposed upon the Aizport, and to any renewal,
modif cation or extension thereof. �t is the int�ntion af the Parties that this provision shali be
self operative and that no further instrument shall be renuired to effeet th�present or subsequent
subardination of this Agreement. Based on a written demand received by fhe RECO, the �'AA
wzll review and, if acceptable, execute such instru�nents as City may reasonably request to
evidence further the subordination of tlus Agreement to any existing or future mortgage, deed o�
trust or other security i�terest pertaining to the Airport, and to any water, sewer or access
easement necessary or desirabie to serve the Airpart or adjoining property owned in whole or in
part by City if such easement does not ir�ter�ere with the full enjoyment of any right granted the
FAA.under this Agreement.
B.No such subordination,to either existing or fizt�zre zxiortgages, deeds af trust ar othe�• lien or
security instrument shall operate to affect adversely any right of the FAA under this Agreement
sa long as the FAA is not in default uz�der this Agreement. City rn�ill include in any future
znortgage, deed of trust or other security instrument to which this Agxee�nent becomes
subordinate, or in a separate non-disturbance agreement, a provision to the foregoing effect. City
warrants that the halders of all notes or other obligations secured by existing rr�ortgages, deeds of
trust or other security instruments have consented to the provisions of this clause, an.d agrees to
provide true copies of all such consents ta the RECO promptly upon dernand.
G In the event of any sale of the Airport or any portion t�ereof by foreclosure of the lien of any
such mortgage, deed of trust or other security instruz�zent, or the giving of a deed in lieu of
foreclosure,the FAA will be deemed ta have attorned to any purchas�r, p�chasers, transferee ar
trans�erees of the premises or ariy pnrtion thereof and its or th�ir successars and assigns, and any
such purchasers and transferees will be deemed to have assu�ned al� obligations of City under
this Agreement, so as fo es�ablish direct privity of�state and contract between FAA and s�zch
purchasers or trans�erees, with the same force, effect and relative priority in time and rzght as if
this Agreement had initially been entered into between suc�purchasers or tra.nsferees and the
FAA; provided, further,that the RECO and such purchasers or transferees shall, wi#h reasonable
Page 4
promptness following any such sale or deed delivery in lieu of foreclosure, execute alI such
revisions ta this Agreem.ent, or other writings, as shall be necessary to dacurrzent t�e foregoing
relationshzp.
D. None of the �oregoing provisions may be deemed or construed to itr�ply a waiver o��he FAA's
rights as a sovereign.
6.3.37 Natifica�ion a�Change in Ownership or Control of Land
If City selis or otherwise conveys to a.nother party ar parties any interest in the Airport, rights of
way thereto, and any areas affecting the Airport,the FAA shail be notified in writing, of any
such transfer or conveyance wxthin thzrty (30) calendar days after completion of the change in
property rights. Concuxxent with the written notif cation, City or City's assignees shall provide
the FAA copies of the associated Iegal document(s) (acceptable to local authorities} for
transferring andlor conveying the property rights.
SECTION 4 - FINANCIAL CLAUSES -Not applicable
SECTION 5 �DES�GN AND CONSTRUCTrON CLAUSES -Not applicable
SECTION 6 - GENERAL BUILD�NG REQUIREMENTS AND SPECIFICATIONS
CLAUSES - Not applicable
SECTTON 7 - SERVICES,UTILITIES, AND MAINTENANCE CLAUSES - Not
applicable
SECTION S -ENVIRONMENTAL OCCUPATIONAL SAFETY AND HEALTH
CLAUSES
S.S.I. Hazaxdous Substance Cantamination
The FAA agrees to remediate, at its sole cost, all hazardous substar�ce contamination on the FAA
facility premises that is found to have oecurred as a direct result of the installation, operation,
relocation, andlor maintenar;ce o�the FAA's "facilities" covered by this Agreement. City agrees
to remediate or have remed'zated at its sole cost, any and ali other hazardous substance
contamination�ouz�d on the FAA facility at the Airport. City also agrees ta save and hold the
U.S. FAA harmless for any and all costs, liabilities, and/or claims by third parties that arise out
of hazardo�zs contaminatian found on the FAA facili�y at the Airport that are not directly
attributable to the installation, operatian, andlor maintenance of the facilities on the attached
FAA "List of Faeilities."
SECTION 9 - SECURITY CLAUSES -Not appiicable
SECTION 10 - CLOSING
6.10.1 Notices {�UL 2Q1�7) -Aiternate I (,�UL 20i7)
Page 5
All notices/correspondence shall be in writing, reference the MOA number 690EG4-18-L-
001�2, and be addressed as follows:
TO THE AIRPORT OWNER:
City of Redlands/Redlands Municipal Airport
P.O. Box 3005
Redlands, CA 92373
Telephone: 909-798-765 5
TO THE FAA:
Federal Aviation Administration
Real Estate & Utilities Group
2200 S. 216t�' Street
Des Moines, WA 98198
6.10.3-4 MOA Signature Block(JUL 2017)
The Airport and the FAA hereby agree to the provisions outlined in this Agreement as indicated
� by the signatures herein below of their duly authorized representative(s). This Agreement is
effective upon the date of signature by the last Party thereof. ,,� �
City of Redlands/Redlands unicipal Airport � ��
.
y: ATTEST:
Jea Donaldson, City Clerk
Print Name: Pa � w o �
Title: i`'Iayor, City of Redlands � � •
, ,
Date: 3 �� I - � !
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATI�N
FEDERAL AVIATION AD ISTRATION
By:
Print Name:
Title: Real Estate Con racting Officer
Date: !�
Page 6
�ECT�ON 11 -ATTACI�MENTS EXHIBITS/SPECIAL STIPULATIONS
Attacliment Lis,f/Ex{iibit List
Numbe Title Date Number
af Pa es
1 MOA List of Facilities 10/1/20I S 1
2 Le aI Descri tion 1011/20I8 1
Dated OS/2212018
Lis#af Facilities
MEMORANDUM QF AGREEMENT
690EG4-18-L-OOl.02
REDLANDS MUNICIPAL AIRPORT
i � GSA
�
j R/W (ATID) Cvntrol
; Number Facili Number Number Cou�ments
EI REI-RTR 08/26 06643
� �
€ � � �
i �� � �
� � �
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� I I
! � ! I
€ � � I �
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, � � �
� I I �
*Notation: For applicable restrictive easement, clear zone, and/or abstruction criteria for
facilities listed above, see referenced FAA Order(s) listed below:
FAA �rder 6750.16E, Siting Criteria for Instrument Landing Systems (ILS}
�AA O�der JO 6850.2B, Visual Gnidance Lighting Systerns
FA.A Order 6820.10, Siting Criteria�or VOR, VOR/DME, and VORTAC
FAA Order 6560.20B, Siting Criteria for AWOSIASOS
FAA Order 6310.6, Siting Handbook for PrimarylSecondary Tezminal Radar
Page 7
LEGAL DESCRIPTION
REMOTE TR.ANSMITTERIRECEIVER(RTR}
REDLANDS, CALIFORNIA
Beginning at the quarter cor�ex coznznon to Section 13 TIS, R3W and Sec�ion 18 TIS, R2W,
S.B.B.M. go N 00° 46' 17" W 1333.66' to a point. Thence
S 64° 09' 02" E 274.7 �eet to the Point of Beginning,ther�ce
N 76° 18' 43" E 230.00 feet to a point, thence
N 13 ° 41 ` 17" W 200. 00 fee�to a point,thence
S 76° 18' 43" W 230.00 �eet to a point,t�ence
S 13 ° 41 ' 17" E to the Point of Begznning.
This parce� ca�tains 1.056 acres mare or less.
Ail bearings are true and were established from a survey plot rriap dated December l, 1966,
surveyed by Hicks &H�rtwick, Redlands, California.
Page 8