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Home My WebLink AboutNO COST LAND ON AIRPORT MEMORANDUM OF AGREEMENT MOA NO: DTFEN-12-L-00049 AIRPORT IMP GRANT AGREENEBNTNO COST LAND ON AIRPORT MEMORANDUM OF AGREEMENT MOA No: DTFAEN-12-L-00049 Geographical Location: AUGUSTA, GA 30904 WITNESSETH This agreement is made and entered into by the Augusta-Richmond County Commission, hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. 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; and WHEREAS, both parties agreed 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 Daniel Field Airport. NOW, 'THEREFORE, the parties mutually agree as follows: L TERMS AND CONDITIONS (Jun 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 on the Airport that have been mutually determined and agreed upon for the term commencing on August 24, 2011 and continuing through September 30, 2031, The FAA can terminate this agreement, in whole or part at any time by giving at least (60) day's notice in writing. Said notice shall be sent by certified or registered mail. 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-059.5 DUPLICATE ORIGINAL p Federal Aviation Administration DTFAEN-124,-00049 A. Together with nhgbL+`/-p/uyfor ingress to and egress from the premises; urkzht'of- way for establishi and maintain pole hnes or under ground lines for exten ing electrical power and/or telecommunications Imes to the premises: including arigb\-nf-n'oy for subsurface poner, communication and/or water lines to the premises: all right-of-ways to be over the area referred to as Daniel Field Airport, 10 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. D. And the right to grading. conditioning, and installing drainage Uacilities, 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 systems, The Airport shall have thc right to review and coinment on plans covering work permitted under this paragraph. C. And the rights 10 make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right io review and cnmmeotoo 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 operalion ofthe air navigational facilities. Parking shall be provided adjacent t() the navigutional aid facility or as near as possihle without interfering with the operation of the 2. CONSIDERATION (Aug- 02): The FAA shall pay the Airport no monetary consideration it is rnutually agreed that the rights extended to the FAA herein are in consideration ofthe obligations ions assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. It is understood and agreed that the use of the herein described premises, knovanoa, Daniel Field Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES (Apr-05) U* FAA facilities covered by this agreement are identifled on the most current approved Airport La),out Plan (ALP) and/or other pertinent drawings that are made part of this agreement by reference ttnd shown on the attached FAA "List of Facilities 1.3.3 No Cost Land on an Ai rtMommurmmd of Agreement Revised April 2010 V0 �� ~ � I * S ' �~ '� ~ ��N 0��BCunmdNo. 2)20'U59j �� _° ��°��m u� hip �~"n o��nww nw Federal Aviation Adininistration DTF/\EN-12-L'00049 WKH 5. TITLE TO IMPROVEMENTS (Apr-#5): Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 6. HAZARDOUS SUBSTANCE CONTAMINATION (MmY-00): lheyAAagrcesb`remediute,mthnsnbmd,al\hazardouxoubstancecontaminu on on the FAA facility premises that is found to have occurred as a dircet result ofthe installation, operation, relocation andlor maintenance of the FAA's facilities covered by this 'agreement. The Ai od agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Airport also agrees to save and hold the U. S. Government harmless for any and all costs, liabiiities and/or claims by third parties that arise out of hazardous contamination found on the FAA faciiity premises that are not directly attributable to the installation, operation and/or maintenance of the thcilities on the attached FAA - List 7. INTERFERENCE WITH FAA OPERATIONS (Oct-961: ]hc Airport uAuzs not to erect 01 allow to be erected any structure or obstruction ofwhatsoever kind or nature wihin the Airports boundaries that may imerfere with the proper operation of the navigational aid facilities installed by thc FAA, as it is not in the best interest of the Airport or the 8. FIL ING RESPONSIBLLITY FOR FAA FACILITIES (Oct-96): The Airport agrees lhat any relocation, replacement, mmodification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or c which interferes with the technical and/or operational characteristics ofthe facility, ndU hcatthe expense oldie Airport, v/dhthccmu ionnfunyyochimpcovecneotmorchuogcuwhicbnrcooudon11be request of the [&A. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to eirher the Airport or ihe FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. ON (Oct-96): 11 is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or cehuhUdate, either wholly or partially, the property which is the suhjecl 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 located upon said property by the FAA during its tenure. Suchuhuodouedequipcnco1yhaUbocnrnctbcpcoprrtyn[ibo/\irpod. 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised Apri 2010 OMB Control No. 2120-0595 Federal Aviation Administrai.ion L)l[AEN'12'L'00049 DUPUCATE ORIGINAL 10. NOTICES (Oct-96): All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Ai RPORT: Steve Gay, Manager, Daniel Field Airport Daniel Field General Aviation Commission 1775 Highland Avenue Augusta, GA 30904 FEDERAL AVIATION ADMINISTRATION: Federal Aviation Administration ATTN: Real Estate, Eastern Logistics Service Area, AS0-53 P.O. BOX 20636 ATLANTA, GA 30320 11. Previous Lease(s)/Agreement(s) This agreement supersedes the following agreements and the following agreements are hereby terminated: DITA06-00-L-20146 DTFA06-93-L-13010 12. The following clauses are incorporated by reference: The full text of these clauses can be found via Internet at site littp://fast.faa.govi and finding the form "Land On-Airport Lease". 1. OFFICIALS NOT TO BENEFIT (10/96) 2. COVENANT AGAINST CONTINGENT FEES (8/02) 3. ANTI-KICKBACK (10/96) 1.3.3 No Cost Land on an Airpo Revised April 2010 OMB Control No, 2120-0595 Federal Aviation Administration DITAEN-12-1,00049 WKH morandum of Agreement Pg. 4 13. SPECIAL STIPULATIONS: ASOS (AUTOMATED SURFACE OBSERVING SYSTEM): (a) Lessor shall maintain vegetation to less than 10 inches in height within 100 feet of the FAA's ASOS site(s). (b) 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). (c) Lessor shall not construct adjacent to FAA's ASOS sensor(s) site, major paved surfaces, irrigated or drainage areas, or test/run up facilities that may significantly alter temperature, humidity, or wind measurement. (f) 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 electronically 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 located on the second floor of the Tenninal Building. 1.3.3 No Cost Land on an Airport Memorandum of Agreement DUPLICATE ORIGINAL Pg. 5 Revised .April 2010 OMB Control No 2120-0595 Federal Aviation Administration DTFAEN-12-1 -00049 WKH (d) Lessor shall not create topographical surface changes (excavation or mounding) within 500 feet of ASOS sensor(s). Smooth and gradual surface changes are essential to representative wind measurement. (e) Lessor shall keep trees within a 1000 foot 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. (3) do not interrupt or endanger the steady supply of electrical power to the FAA ASOS sensor site(s) and ASOS processor, located in the Break Room located on the second floor of the Terminal Building. (4) or so that acceptable alternative measures are jointly agreed to by the Lessor and FAA before potentially disruptive construction or development is undertaken. (g) The Lcssor shall provide for the power access to the FAA ASOS ACU, and associated electrical equipment and cables to the FAA ASOS equipment. 0d. WHEREAS: Pursuant to49D.O,C.47l07(a)(l2) the GRANTOR ix required w furnish to i TJNITED STA'T' OF AMER1CA, hereinafter referred to as the G()V1-RNMENT, property intcrests in land or water arcas or huildings that t GOVERN mENT decides are desirable for, and that will be used for, facilities for c ug out activities related 10 air traffic control or navigation without charge; W[TNESSETH: That, in consideration of the benefits to the GRANT R and to the GOVERNMENT, and of the covenants and agreements to be kept and performed by the GOVERNMENT, the GRANTOR, pursuant 0o49[J.8.C.47lU7/oJ(/2), does hy these | presents hereby grant to the GOVERNMENT, at no cost, a License for the use of the p,euzinca, services, and facilities hereinafter described, or those of other mutually acceptable Iocations for the installation, operation, maintenance, repair, replacement, fueling, and removal of Automated Surface Observing System (ASOS) equipment. Such equipment may iodudr, but is not limited to: an Acquisition Control Unit (ACU), Data Collection Package (DCP) and combined sensor group(s). communications and peripheral equipment, antenna(s). connccting cables together with primary electrical power, stand- alone battery backup power, standby engine generator and fuel supply, standby fuel cell, and connections to an acceptable alternative standby power supply for operation of the GOVFRNMENT-OWNED equipment; and (i) The NATIONAL W| /\lHER SERVICE (NWS) is mandated by law Lo provide standbv power for the Automated Surface Observing System (ASOS) to prevent the loss of mission critical weather data that is vital to the protection of life and property during a power outage. The Government's equipment shall include u standby power supply providtdhYagencruioruudiiguidproponehe/nuppl)\fbc|cc|(,nracoepiub|en]tcrnmbve standhy power source and necessary connections. The Govemment or its contractor shall he a1owed reasonablc access to instafl, operate, rnob\taiu,rep8iz,rep|onc,lunLundrsu1ovo the standby power supply. Y.3.3Np Cost Land mmamAirport wmnnrwnduomof Agreement Revised April 2U|0 OMB Control No. 2\Z0'O595 DUPUCATE ORIGINAL Pg.h I)TFAElV'12-[-00049 VVK8 I3y: c 3442 Title: /10 Ti Date: 14. SIGNATURES (Apr-04): 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. August-Richmond County Commission UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINIS'FRATION 5 of 64,40• 4 ATTE /A ,1 A Revised April 2010 OMB Control No. 2 120-0595 Federal Aviation Administration DTF A EN-12-L-00049 WK11 6 9 o • • -r I z • • • , ..c. .. # (-, • EST 1996 Ti ,.., • #L By: Title: Real Estate Contracting Officer Date: tfil as lac D.. 1.3.3 No Cost Land on an Airport Memorandum of Agreement DUPLICATE ORIGINAL Pg. 7 Dated August 8, 2011 List of Facilities MEMORANDUM OF AGREEMENT #DTFAEN-12-L-00049 DANIEL FIELD AIRPORT 13506 13415 1111111111=111111 111111111111111111 ammummimimmos immumiumalimmi■ 1111111111111111•1111111111111.1 111111111111111111 MIB,111 Mill11101111111111=111.111111111111111111 1 ""'NErammoilim 11111111111111111111111111111111111 1111101111111111N MIN= R/W GSA Control Number Number Number Comments 1 DNL) PAPI Previous lease # DTFA06-00-L-20146 1.3.3 No Cost Land on an Airport dum of Agreement Revised April 2010 OmB Control No, 2120-0595 Federal Aviation Administration DITAEN-12-1,00049 WK.11 Previous lease # DTFA06-93-1,13010 U.S. Department of Transportation Federal Aviation Administration Mr. Steve Gay Manager Daniel Field Airport 1775 Highland Avenue Augusta, GA 30904 Dear Mr. Gay: Enclosed is the updated list of facilities for Federal Aviation Administration (FAA) Memorandum of Agreement No. DTFAEN -12 -L- 00049, covering all no -cost NAVAID facilities located at Daniel Field Airport. The updated list of facilities is dated June 25, 2012, and includes the following changes: Exhibit No. 3 covering the Remote Communications Outlet (RCO) has been added and Exhibit No. 4 covering the Remote Transmitter/Receiver (RTR) has been added. Please include the updated list of facilities in your file. If you need additional information, please feel free to call the contactor Keith Harris, Sr. Realty Specialist, at (404) 305 -5787. Sincerely, acie W. Huelsbeck Real Estate Contracting Officer Enclosure cc: John Rodriguez Michael Buff Southern Region P.0 Box 20636 Logistics Division Atlanta, Georgia 30320 -0636 W NVLkaAe60 Dated June 25, 2012 List of Facilities MEMORANDUM OF AGREEMENT #DTFAEN -12 -L -00049 DANIEL FIELD AIRPORT Number 1 2 GSA Control Number 13506 13415 3. 4. Facility (DNL) ASOS (DNL) PAPI (DNL) RCO (DNL) RTR RIW Number Support R/W 11 Support Comments Previous lease # DTFA06 -00 -L -20146 Previous lease # DTFA06 -93 -L -13010 No Previous Lease No Previous Lease 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120 -0595 Federal Aviation Administration DTFAEN -12 -L -00049 WKH U.S. Department of Transportation Federal Aviation Administration Eastern Logistics Service Area Logistics Division Real Estate & Utilities Group ASO -53 Mr. Steve Gay, Manager Daniel Field General Aviation Commission 1775 Highland Avenue Augusta, GA 30904 Dear Mr. Gay: Enclosed for your records is a fully executed duplicate original of Federal Aviation Administration (FAA) Memorandum Of Agreement (MOA) No. DTFAEN -12 -L- 00049. This MOA covers NAVAID facilities installed by this agency, located at Daniel Field Airport, in Augusta, Georgia. Your cooperation in the completion of these agreements was appreciated. Sincerely, Stacie Huelsbeck Real Estate Contracting Officer Enclosure P.O Box 20636 Atlanta, Georgia 30320 -0636