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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
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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."
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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.
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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
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