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HomeMy WebLinkAboutC2011-473 - 12/6/2011 - ApprovedI FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT Agreement Number DTFASW -I0 -L -00113 This memorandum of agreement for the use of Airport property is made and entered into by the city of Corpus Christi, Texas, hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids to be used on Airport property; and WHEREAS, both parties agree the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the Corpus Christi International Airport. NOW, THEREFORE, the parties mutually agree as follows; 1. TERMS AND CONDITIONS (Jun -04): It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties, it is hereby agreed that the Airport will allow the FAA to construct, operate, and maintain FAA owned navigation, communication and weather aid facilities in areas to be used on the Airport that have been mutually determined and agreed upon for the term commencing on October 1, 2011 and continuing through September 30, 2031. The FAA can terminate this agreement, in whole or part at anytime by giving at least sixty (60) day's notice in writing. Said notice shall be sent by certified or registered mail. (a) Together with the use of right-of-way for ingress to and egress from the premises; use of right -of -way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications lines to the premises; including use of right-of- way for subsurface power, communication and/or water lines to the premises; all right -of- ways used to be over the area referred to as Corpus Christi International Airport, to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Airport shall have the right to review and comment on plans covering access and utility rights -of -way under this paragraph. (b) And the use and right to 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 navigational aid 2011 -473 1216111 Ord029294 Page 1 of 5 1900 It MOA No. DTFAS W -10 -L -00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas systems. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (c) And the right to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION (Aug- 02): The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the use and rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE (Apr -05): It is understood and agreed that the use of the herein described premises, known as, Corpus Christi International Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES (Apr -05): The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made a part of this agreement by reference and shown on the attached FAA "List of Facilities." 5. TITLE TO IMPROVEMENTS (Apr -05): Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. G. HAZARDOUS SUBSTANCE CONTAMINATION (May -00): The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and /or maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. To the extent allowed by Texas law, the Airport also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and /or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." Page 2 of 5 MOA No. DTFASW -I0 -L -00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas 7. INTERFERENCE WITH FAA OPERATIONS (Oct -96): The Airport agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed and used by the FAA, as it is not in the best interest of the Airport or the FAA. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct -96): The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and /or operational characteristics of the facility, will be at the expense of the Airport, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Airport or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON - RESTORATION (Oct -96): It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and /or rehabilitate, either wholly or partially, the property used which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or Iocated upon said Airport property by the FAA during its tenure. Such abandoned equipment shall become the property of the Airport. 10 ANTI - KICKBACK (OCT -96): 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 Government or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 11. COVENANT AGAINST CONTINGENT FEES (AUG -02): 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. Page 3 of 5 12. OFFICIALS NOT TO BENEFIT MOA No. DTFAS W -10 -L -00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas 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. 13. NOTICES (Oct -96): All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Airport: City of Corpus Christi Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Government: Department of Transportation Federal Aviation Administration Real Estate & Utilities Group, ASW -53 2601 Meacham Boulevard Fort Worth, TX 76137 14. PREVIOUS LEASE(S)IAGREEMENT(S) Upon commencement, this use agreement supersedes and hereby terminates Lease number DTFA07 -04 -L- 00560, DTFA07 -97 -L- 01062, and DTFA07 -98 -L- 01123. 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 CORPUS CHRISTI UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION Y• Y -- Title: 95 [ �- �, IT�Ct ^A S e Kendra Boome McCown Real Estate Contracting Officer Date: Date: Apprmmd as to form: 1 g r �Co I f Lisa Aguilar Page 4 of 5 •••• Assistant Citd Attorney SECRETARY t E MOA No. DTFASW -I0 -L -00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas Effective October 1, 2011 List of Facilities MEMORANDUM OF AGREEMENT DTFASW -10 -L -00113 CORPUS CHRISTI INTERNATIONAL AIRPORT Number Facili R/W Number GSA Control . Comments Number .. . Facility site, equipment shelter, restricted critical 1 MALSR 35 O YC 48150 area Antenna site, equipment shelter site, restricted t a 3 GS � 35 OYC 8565 Facility site, critical area,engine generator site 4 REIL 35 OYC�94299 Facility site 5 RVR 35 OYC 94569 ... ......... Facility site 6 ODALS 17 CRPA 943 Facility site 7 PAPI 17 CRPA 94505 Facility site Facility site, equipment shelter, restricted critical 8 MALSR ... 31 EKI 485 ac cess road .� 9 - LOC :.. 31 EKI _.,. _are Antenn a site, equipment shelter site 10 —= PAPI 31 EKI -� 94639 Facility site _ Facility site, equipment shelter, restricted critical 11 MALSR 13 CRP 48569 area, acc ess road Antenna site, equipment shelter site, restricted 12 LOCIDME 13 CRP 48130 critical area 13 GS 13CRP 48129 Facility site, critical area, engine generator site 14 RVR 13 CRP 48139 ........... Facility site 1 5 16 PAPI n_ RTR 13 C RP CRP 94287 48127 _. Facility site Facility site 17 RTR CRP 48126 Facility site 18 RTR CRP y 48132 Facility site 19 ASP CRP 94295 Sensor group and ACU in AT - 20 -. WEF CRP 94297 Center of the Field Page 5 of 5