HomeMy WebLinkAboutLAND LEASE OFF AIRPORT REMOTE TRANSMITTER/RECEIVER (RTR) LEASE NO. DTFAEN-13-L-00157 GEROGRAPHICAL LOCATION AUGUSTA GAU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION
ADMINISTRATION
LAND LEASE OFF AIRPORT
Remote Transmitter/Receiver (RTR) Lease No.: DTFAEN -13 —L -00157
Geographical Location: Augusta, GA
THIS LEASE is hereby entered into by the City of Augusta whose address is 1501 Aviation
Way, Augusta, GA 30906, hereinafter referred to as the Lessor and the United States of
America, herein after referred to as the Government. This lease shall become effective when it
is fully executed by all parties. The terms and provisions of this lease, and the conditions herein,
bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns.
WITNESSETH: The parties hereto, for the consideration hereinafter mentioned covenant and
agree as follows:
1. PREMISES (AUG -02):
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises:
Commencing at the intersection of the eastern line of a Georgia Power Company easement and
the northern right of way line of Tobacco Road; thence with the northern right of way line of
Tobacco Road and with lands of Simpkins, the following five courses and distances (1) with a
curve to the left having a radius of 2447.78 feet and an arc length of 331.15 feet to a point; (2)
thence, N 70° 35 00" E a distance of 287.89 feet to a point; (3) thence, N 70° 35' 00" E a distance
of 280.01 feet to a point; (4) thence, with a curve to the right having a radius of 11630.14 feet
and an arc length of 42.98 feet to a point; (5) thence, with a curve to the right having a radius of
11630.14 feet and an arc length of 30.01 feet to a point; thence leaving the northern right of way
line of Tobacco Road and with lands of Simpkins the following fifteen courses and distances:
N 03° 30' 03" E a distance of 338.85 feet to a point;
N 02° 10' 09" W a distance of 63.50 feet to a point;
N 18° 19' 29" W a distance of 81.29 feet to a point;
N 34° 09' 01" W a distance of 65.47 feet to a point;
N 41° 24' 55" W a distance of 94.18 feet to a point;
N 47° 05' 20" W a distance of 112.90 feet to a point;
N 56° 04' 25" W a distance of 101.31 feet to a point;
N 62° 21' 59" W a distance of 171.21 feet to a point;
N 26° 43' 38" W a distance of 113.19 feet to a point;
N 05° 02' 49" W a distance of 182.57 feet to a point;
N 12° 39' 57" W a distance of 68.08 feet to a point;
N 21° 05' 21" W a distance of 77.64 feet to a point;
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter/Receiver (RTR)
Augusta, GA 30906 LJM
Page 1
(13) N 38° 34' 53" W a distance of 137.46 feet to a point;
( 14) N 45° 58' 33" W a distance of 87.84 feet to a point (which address is 3655
Simpkins Lane, Augusta, GA 30906);
(15) S 47° 51' 52" E a distance of 71.22 feet to the TRUE POINT
OF BEGINNING; thence S 06° 31' 56" W a distance of 120.55 feet to a point;
thence N 83° 12' 08" W a distance of 120.93 feet to a point; thence N 06° 40'
31" E a distance of 119.91 feet to a point; thence S 83° 30' 23" E a distance of
120.63 feet to the TRUE POINT OF BEGINNING containing 0.33 acres.
A. Together with a right -of -way for ingress to and egress from the premises for Government
employees, their agents and assigns, a right -of -way for 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 said lands and adjoining lands of the Lessor, and unless herein described
otherwise, to be by routes reasonably determined to be the most convenient to the Government
described more specifically as follows:
Commencing at the Northeast corner of the above described plot; thence N
83 °30'23" W a distance of 79.00 feet to the centerline of a 20' ingress /egress
easement and the POINT OF BEGINNING; thence along the centerline of
the easement N 06 °29'37" W a distance of 15.00 feet; thence N 50 °03'18" W a
distance of 40.47 feet to the centerline of a gravel road; thence along the
centerline of the gravel road extending in a Northwesterly direction
approximately 390' to the R/W of Simpkins Lane.
B. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil
of the premises, for the 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.
2. TERM (AUG -02):
To have and to hold, for the term commencing on November 31, 2012 and continuing through
September 30, 2033 inclusive, PROVIDED, that adequate appropriations are available from
year to year for the payment of rentals.
3. DAY -TO -DAY LEASE EXTENSION (AUG -02):
The Government may continue to occupy the premises for not to exceed 365 days after the end
of the occupancy period covered by the basic lease term and any options that have been
exercised. In such event, the rent shall accrue on a daily basis at the rate equal to one - thirtieth of
the monthly rent of the last previously due monthly rent, until one of the following events
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter/Receiver (RTR)
Augusta, GA 30906 LJM
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occurs: (1) the 365 day period expires, (2) a new lease commences, (3) the Government acquires
a fee simple interest in the property or, (4) the Government vacates the leased premises,
whichever occurs first. The accrued rent computed on a daily basis shall be due and payable in
arrears at the end of each month until the amount accrued by the end of the month has been fully
paid.
4. CONSIDERATION (NO COST) (AUG -02):
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.
5. CANCELLATION (AUG -02):
The Government may terminate this lease, in whole or in part, if the Real Estate Contracting
Officer (RECO) determines that a termination is in the best interest of the Government. The
RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of
the termination. The termination notice shall be delivered by registered mail return receipt
requested and mailed at least 30 days before the effective termination date.
6. QUIET ENJOYMENT (OCT -96):
The Lessor warrants that they have 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.
7. NOTIFICATION OF CHANGE IN LAND TITLE (AUG -02):
If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid
land, rights of way thereto, and any areas affecting said demised premises, they shall notify the
Government, in writing, of any such transfer or conveyance affecting the demised premises
within 30 calendar days after completion of the "change in property rights ". Concurrent with the
written notification, the Lessor shall provide the Government copies of the legal document(s)
(acceptable to local authorities) for transferring and or conveying the property rights.
8. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (OCT -96):
The Government agrees, in consideration of the warranties herein expressed, that this lease is
subject and subordinate to any and all recorded deeds of trust, mortgages, and other security
instruments now or hereafter imposed upon the premises, so long as such subornation shall not
interfere with any right of the Government under this lease. It is mutually agreed that this
subordination shall be self operative and that no further instrument shall be required to effect
said subordination.
In the event of any sale of the premises, or any portion thereof, or any such transfer of
ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of
foreclosure, the Government will be deemed to have attorned to any purchaser, successor,
assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and
obligations of the Lessor under this lease, establishing direct privity of estate and contract
between the Government and said purchasers /transferees, with the same force, effect and relative
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter/Receiver (RTR)
Augusta, GA 30906 LJM
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priority in time and right as if the lease had initially been entered into between such purchasers
or transferees and the Government; provided that such transferees shall promptly provide,
following such sale or transfer, appropriate documentation deemed necessary by the Real Estate
Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be
deemed necessary to document the change in ownership.
9. NOTICES (OCT -96):
All notices /correspondence shall be in writing, reference the lease number, and be addressed as
follows:
TO LESSOR:
Augusta - Richmond County
530 Greene Street
Augusta, CA 30901
TO GOVERNMENT:
Federal Aviation Administration
Eastern Logistics Service Area, ASO -53
P.O. Box 20636
Atlanta, GA 30320
10. CONTRACT DISPUTES (Nov. 03)
A. All contract disputes and arising under or related to this lease contract shall be resolved
through the Federal Aviation Administration (FAA) dispute resolution system at the Office of
Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in
14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where
available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency
decisions. A Lessor may seek review of a final FAA decision only after its administrative
remedies have been exhausted.
B. All Contract Disputes shall be in writing and shall be filed at the following address:
Office of Dispute Resolution for Acquisition, AGC -70,
Federal Aviation Administration,
800 Independence Ave., S.W., Room 323,
Washington, DC 20591
Telephone: (202) 267 -3290,
Facsimile: (202) 267 -3720; or
C. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of
the accrual of the lease contract claim involved. A contract dispute is considered to be filed on
the date it is received by the ODRA.
D. The full text of the Contract Disputes clause is incorporated by reference. Upon request
the full text will be provided by the RECO.
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter/Receiver (RTR)
Augusta, GA 30906 LJM
Page 4
11. PROTEST (Nov. 03)
A. Protests concerning Federal Aviation Administration Screening Information Requests
(SIRs) or awards of lease contracts shall be resolved through the Federal Aviation
Administration (FAA) dispute resolution system at the Office of Dispute Resolution for
Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and
17, which are hereby incorporated by reference. Judicial review, where available, will be in
accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A protestor may
seek review of a final FAA decision only after its administrative remedies have been exhausted.
B. Offerors initially should attempt to resolve any issues concerning potential protests with
the Real Estate Contracting Officer.
C. Protests shall be in writing and shall be filed at:
Office of Dispute Resolution for Acquisition, AGC -70,
Federal Aviation Administration,
800 Independence Ave., S.W.,
Room 323,
Washington, DC 20591
Telephone: (202) 267 -3290,
Facsimile: (202) 267 -3720
D. At the same time as filing the protest with the ODRA, the protestor shall serve a copy of
the protest on the Real Estate Contracting Officer (RECO).
E. A protest is considered to be filed on the date it is received by the ODRA and shall be
filed:
(i) Not later than seven (7) business days after the date the protester knew or should have
known of the grounds for the protest; or
(ii) If the protester has requested a post -award debriefing from the RECO, not later than
five (5) business days after the date on which the RECO holds that debriefing
F. The full text of the Protest clause is incorporated by reference. Upon request the full text
will be provided by the RECO.
12. ANTI- KICKBACK (OCT -96):
The Anti- Kickback Act of 1986 (41 U.S.C. 51 -58) (the Act), prohibits any person from
A. Providing or attempting to provide or offering to provide any kickback;
B. Soliciting, accepting, or attempting to accept any kickback; or
C. 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.
13. ASSIGNMENT OF CLAIMS (OCT -96):
Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor
may assign his rights to be paid under this lease.
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter/Receiver (RTR)
Augusta, GA 30906 LJM
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14. 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.
15. OFFICIALS NOT TO BENEFIT (OCT -96):
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.
16. RESTORATION Clause .Alternate B — for use on Off - Airport Leases (4/2010)
The Government shall surrender possession of the premises upon the date of expiration or
termination of this lease. If the Lessor provides written notice, prior to the date of expiration or
termination, requesting restoration of the premises, the Government at its option shall within
ninety (90) days after such expiration or termination, or within such additional time as may be
mutually agreed upon, either:
(a) Restore the premises to as good condition as that existing at the time of the Government's
initial entry upon the premises under this lease or any preceding lease (changes to the premises in
accordance with paragraph 1(a), 1(b) and 1(c) above, ordinary wear and tear, damage by natural
elements and by circumstances over which the Government has no control, excepted) or,
(b) Make an equitable adjustment in the lease amount for the cost of such restoration of the
premises or the diminution of the value of the premises if unrestored, whichever is less. Should
a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental
agreement hereto effecting such agreement or,
(c) The FAA may also elect to offer abandonment of installed real property improvements in lieu
of restoration or some combination of abandonment and restoration as determined by mutual
agreement with the owner, so long as it is determined by the RECO to be in the best interests of
the Government.
(d)In the event that the Government has to pay for restoration, such payments will not entail
expenditures which exceed appropriations available at the time of the restoration in violation of
the Anti- Deficiency Act.
(e) Nothing in the contract may be considered as implying that congress will, at a later date,
appropriate funds sufficient to meet the deficiencies.
17. EXAMINATION OF RECORDS (AUG -02):
The Comptroller General of the United States, the Administrator of FAA or a duly authorized
representative from either shall, until 3 years after final payment under this contract have access
to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or
other records involving transactions related to this contract.
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter/Receiver (RTR)
Augusta, GA 30906 LJM
Page 6
18. SIGNATURE BLOCK:
IN WITNESS WHEREOF, the parties hereto have signed their names:
LESSOR:
(Signature)
2 - I (311 � a 6 Y'
'Official T4'tle
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UNI STATES QF AMERICA:
sa
(Signature/
zdv.,
(Official Title)
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter/Receiver (RTR)
Augusta, GA 30906 LJM
Date: ' — < 1
Attest:
Clerk
Date: c -/S
Date:c
f Cominiss*p.4
Page 7
NOTARY ACKNOWLEDGEMENT
STATE OF Georgia
COUNTY OF Cobb
On this, the c)- day of - ..10Y1Aa.rt
me, Stacie W. Huelsbeck a Notary Public in and for the County of Cobb,
State of Georgia, duly commissioned and qualified, personally appeared,
S 1( . ‘ Af\.1 A w S ,Real Estate Contracting Officer, Federal Aviation
Administration known to me to be the person described in and whose name is subscribed
to the attached instrument, and acknowledged to me that he/she executed the instrument
for the purposes and consideration therein stated,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my office seal, at my
office the day and year in this certificate first written above.
Nweisboak
NOTARY rustic
STATE OF GEORGIA
My Commission Expires 3-20-2014
My Commission Expires:
, Two Thousand •Ifilatsz_nbefore
STATE OF
COUNTY OF
C l4 re) o /'7 State of
By:
My Commission Expires:
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter /Receiver (RTR)
Augusta, GA 30906 LJM
NOTARY ACKNOWLEDGEMENT
e r O /
On this, the 3 /". - day of /4/2/';
the day and year in this certificate first written above.
```` volllimill,„ Witness:
=} . JULY N. * :
:^< 2016 Q
,
nnit111111
, 2013 before me,
a Notary Public in and for the County of
, duly commissioned
•i� v /
and qualified, personally appeared, C J 7 \ e" C ? f'J 9 Yey
known to me to be the person described in and whose name is subscribed to the attached
instrument, and acknowledged to me that he /she executed the instrument for the purposes and
consideration therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my office seal, at my office
Page 8
18. SIGNATURE BLOCK:
IN WITNESS WHEREOF, the parties hereto have signed their names:
LESSOR:
(Signature)
(Official Title)
UNITED STATES OF AMERICA:
(Signature)
(Official Title)
Lease No.: DTFAEN -L -13 -00157
Radio Transmitter /Receiver (RTR)
Augusta, GA 30906 LJM
Date: 1.5 ( i 7 j
Date:
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