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HomeMy WebLinkAboutGeneral Aviation Commission Augusta Richmond GA DOCUMENT NAME: GGnero..\ Av\O--L\0 i\ c..o~'"\n\ ~~S ;'00 DOCUMENT TYPE: L c:.a3-c:. YEAR: 03 BOX NUMBER: II FILE NUMBER: / (OJ CsL.2 NUMBER OF PAGES: -7 '.i. :c ,. t FEDERAL AVIATION ADMINISTRATION LAND LEASE U.S. Department of Transportation Lease No,: DTFA06-00-L-20146 Facility : ASOS/ACU Location : Augusta, GA LEASE Between AUGUSTA, GEORGIA and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this 11th day of September, in the year 2000, by and between the GENERAL AVIATION COMMISSION, an instrumentality of AUGUSTA, GA whose address is: 1775 Highland Ave. Augusta, GA 30904 hereinafter referred to as the Lessor and the United States of America, hereinafter referred to as the Government: WITNESSETH: The parties heretc? for 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 Site Civil Location Plan and Civil Layout Plan at Runway 28 (attached) for equipment locations at the Daniel Field Airport. LATITUDE: 33028'01" N/LONGITUDE: 82002'19" W The Lessor shall provide space for the ACU Equipment, Located in the Break Room located on the second floor of the Terminal Building, (a) Together with a right-ot-way tor ingress to and egress trom the premises; a right-ot-way tor establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessors, 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 Government, and may be removed upon the date of expiration or Federal Aviation Administration 1 LO-10/96 " ; -. ."-';--;" , " 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. (10/96) 2, TERM To have and to hold said premises with their appurtenances for the term beginning January 1, 2000 through September 30, 2015, inclusive; The Government may terminate this lease, in whole or in part, at any time, by giving thirty (30) days notice in writing to the Lessor. Said notice shall be computed commencing with the day after the date of mailing. (10/96) 3. CONSIDERATION The Government shall pay the Lessor 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. (10/96) 4. NON-RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either whqlly or: partially, the property which is the subject matter of this lease. 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. Notice of abandonment will be conveyed by the Government to the Lessor in Writing. 10/96 5. INTERFERENCE WITH GOVERNMENT OPERATIONS -The lessor agrees not toconstruct;-erect or'allow to be constructed or erected any structure or, obstruction of whatsoever kind or nature on the premises or, any changes in the grade or surface material, or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government including special stipulations in Paragraph 13 below under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. (10/96) 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 o.f the Lessor, except when such improvements or changes are made at the written request of the government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. (10/96) 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/or maintenance of the Government's facilities, The Lessor agrees to remediate or have remediated, with no cost to the Government, any and all other hazardous substance contamination foun9 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. (10/96) Federal Aviation Administration 2 LO-10/96 l"~1 , ..,"/-';: . , 8, QUIET ENJOYMENT The Lessor warrants that it has good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. (10/96) 9. OFFICIALS NOT TO BENEFIT 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. (10/96) 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 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. (10/96) 11, 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 Contractor or higher tier subcontractor. (10/96) 12, PROTEST AND DISPUTES All contract disputes arising under or 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 or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System, Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this contract dispute by the contractor against the government shall be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute, Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. (10/96) 13. SPECIAL STIPULATIONS FOR THE INSTALLATION AND OPERATION OF AUTOMATED WEATHER OBSERVING SYSTEM (AS OS) UNDER THE TERM OF THIS LEASE: 13.1 Lessor shall maintain vegetation to less than 10 inches in height within 100 feet of the FAA's ASOS site (s). 13.2 Lessor shall notify FAA's airport operation maintenance office when construction or agricultural (tilling, mowing, harvesting, etc.) activity is scheduled or occurs that produces abnormal amounts of dust at the FAA's ASOS sensor equipment site (s). Federal Aviation Administration 3 LO-10/96 L I 13.3 ' Lessor shall not construct adjacent to IFAA's ASOS sensor(s) site, major paved surfaces, irrigated or drainag,e areas, or testllrun.,up facilities that may significantly alter temperature, humidity, or wind measurement.' 13.4 Lessor shall not create topographical surface changes (excavation or mounding) within 500 feet of ASOS sensor(s). Smooth and gradual surface changes areessential to representative wind measurement. 13.5 Lessor shall keep trees within a 1000' radius of the FAA's ASOS sensor site (s) and on airport property trimmed and thinned so that growth does not progressively degrade the representativeness of wind measurements from the baseline conditions that existed upon installation. 13.6 Lessor agrees to plan airport developments so new buildings and construction: (1) Do not degrade wind speed/direction or temperature/humidity measurements, (2) Do not block or electronicalBy interfere with the UHF data-link line-of-sight between ASOS sensor site(s) and FAA's ASOS ACU processor located In the Break Room locatedd on the second floor of the Terminal Building. (3) 'Donat interrupt or endanger th'e steady su~ply of egectr~cal power to the FAA ASOS ! . ~ ~ . sensor site(s) and ASOS processor, located In the Break RO,om located on the second floor of the Terminal Building. (4) Or so that acceptable alternative measures are jointly agreed to by the Lessor and the FAA before potentially disruptive construction or development is undertaken. 13.7 The Lessor shall provide for the power access to the FAA ASOS ACU, and associated! electrical equipment and cables to the FAA ASOS equipment. 14. NOTICES All notices/correspondence 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 or correspondence to the other) (10/96): TO LESSOR: Daniel Field Airports 1775 Highland Ave. Augusta, GA 30904 TO GOVERNMENT: Federal Aviation Administration Southern Region, ASO-55C P. O. Box 20636 Atlanta, Georgia 30320 Federal Aviation Administration 4 LO-10/96 ,. - i~ . " ,- ~ '" . . IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written, LESSOR: GENERAL AVIATION COMMISSION BV:?j C. (signature) 5J~ Date:2,))j / Do..:, AUGUSTA&.GI~ cfBV: J: UNITED STATES OF BY: n--o~v Date: f ,1/ 'O() , Date: ~,.J..)~ TITLE: Senior Real Estate Contractina Officer Federal Aviation Administration 5 LO-1O/96 .. ~ .-.. . '...~ .... .-.; -f:.. . . . . . Augus1a,GA Daniel Field (DNL) , Rev. I ~ 1.:.. L ~\ --.n.:. ~~ ..~.~~, ,~, :=r~ j '>-i--~~~~ ~. .." . ~'lV. ."'~~:",...;;,.~~, ,~~~, :1 _ , ~J' ~.J!. . ":, j::,~" ., - lJ' J,,;,~;J""~'" l\,~.~1I".' ~....::., J'I:cCi/~~ '\.:T,:XT ~,,'iBj;...... ~~..;:;,~ ...., 7 ~......,.. . rlAf\1 ,(: , 'i " , K · -.',: _111~' ~.....,. .~.... .~...:- y l.~ . ,l; \.,,:K3';;....',' ,.i,';c ,,', ,c" ~l~ ' "''. "'"\'W.. ""~:'J' ri:~ ~~~.,~~ . ~\l~,-..J', ".,',", ,,,,,;:,-":.:a...~ \:'< ~ ~~,~ ,., I...':~.~ ""':Q."'" ," '"~~' ~,: J:",.",'. "'" .... i - ~~" ,~ \:'" \ 'N!...~ ~ , " .' J,' , ,I'",{:,;y , ~ , ~* ,..."",,- ~ " "~~ "~_:40~ ".. fd~' V~ ~(C~ ~ \~5 ~,i:,~, T.fE ~~.,'. 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' .f)~\ ~LJ SOURCE: USG S AUGUSTA WEST, GA (1980) , MAGNETIC OECUNA TION 4018' W f-tARCH 1991) o 2000' ~ 4000' , I Plan 1 SITE LOCA liON PLAN 1 :24,000 SCALE 6 . . " . Augusta, GA Daniel Field (DNL) Rev. 1 ~ --=:::: , " " , " I PLANNED ASOS, WIND TOWER LOCATION , , ELECTRICAL VAULT ~ ASOS SENSORA'REA" o EXISTING BUILDING GJ... PHOTO NUMBER,' ... .... _ 1000' TO ' , ,THRESHO' OF 'RUN"" LD , ,rr'AY28 PLAN SCALE: 1" = 100' N ~. '0 ' 150' 300' ~ ,600' I Plan 2 SITE CIVIL LAYOUT PLAN AT RUNWAY 2'8 SCALE: 1" =300' 7 '.. ~ .. .~.. ," ?~ --: .,.' '~~ ~:-- ~ .' ." . . .