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HomeMy WebLinkAbout1990-01-02-R • BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE RESOLUTION # . .7.Q 2—. A RESOLUTION AUTHORIZING THE LEASE OF CERTAIN PROPERTY DESCRIBED IN THE LEASE AGREEMENT ATTACHED TO THE RESOLUTION TO THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSES OF LOCATING AN AUTOMATIC WEATHER OBSERVATION STATION AND OTHER PURPOSES. Be it resolved that the Mayor of the City of Batesville is authorized to enter into a Lease Agreement on behalf of the City of Batesville with the Federal Aviation Administration and to sign such other documents as may be necessary to secure the lease of certain property described in a Lease Agreement attached hereto and incorporated herein by reference. r� . . . . . . . . . . . . . ONORA LE JIM SHERRILL i LARRY WILLIAMS CITY CLERK STANDARD FORM 2 FEBRUARY 1965 EDITION U.S. GOVERNMENT GENERAL TRATI CES ADMINISTRATION LEASE FOR REAL PROPERTY ' ADMINISTRATION FPR(41 CFR)1-16.601 DATE OF LEASE LEASE NO — ------ ------------ - DTFA07-90-L-OlOGG THIS LEASE, made and entered into this date by and between CITY OF BATESVILLE I whose address is Batesville Regional Airport P.O. Box 2214 Batesville, AR 72503 and whose interest in the property hereinafter described is that of owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Space on the south wall of a storage closet, approximately 9 inches west of the closet corner, for installation of an Automated Weather Observing/ Reporting System (AWOS) Central Data Platform; being a unit 20 inches by 24 inches, and its associated cabling, as shown on Drawing SW-D-10986-9, marked Exhibit "A," attached hereto and made a part hereof. tobeusedfor Automated Weather Observing/Reporting System (AWOS) Central Data Platform. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on February 1, 1990 September 30, 1990 -----•-- ----------------------------------------------------------- through ------- subject to termination and renewal rights as may be hereinafter set forth. 3. The G_-._-__.,,_. ..(._u at the rate of s-------------- -- -. p ... to arrears. �rnt Fa �peree� be prof ll-Ise-made-gayabl- to wholly or in part 4. The Government may terminate this leasdat any time by giving at least _i 1 ;7ty (30)-- clays' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. S. This lease vity be renewed at the or9tion ol.the-COWern+»ewt, I!r-4e O provided notice be given in to the Lessor at least ..................... days before the end of the original lease term or any renew all other terms and conditions of this lease shall remain the same (luring any renewal term. Anti-ee -sks-11 1-9-P en nputed h the tiny after file dale of Irttg. 2-106 (W 6. The Lessor shall furnish to the Government,as part of the rental consideration,the following: a. Electricity used for powering equipment installed by the Government. b. Access to and use of an existing panel located on the south wall of a hallway west of the storage closet. • 7. The following are attached and made a part hereof: Thr-0enaid-Pruvfsirms m7d-hrstrart itm-(-Smtrdar&Pm7rr2---,t-77n------edfd". a. General Provisions. b. Articles 9 through 14. C. Corporate Certificate. 8. The following changes were made in this lease prior to its execution: Article 3, Standard Form 2 deleted; the words "wholly or in part" were added to Article 4, Standard Form 2; Article 5, Standard Form 2, deleted; Articles 14 and 20, General Provisions, deleted. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR CITY OF BATESVILLE, ARKANSAS rgn (Suture) ;Y PRESENCE / I (/ ----- ------------- --Gs� �i r� C �K • �E (tiguafnre) (.IAdreu) UNITED STATES OF AMERICA BY _ _ -- ----- fi Cont -___-.__----___- J e Smith (Signature) (oth'iel title) S..ANDARDI-ORMZ rr tt.S. GOVERNMENT PRIN" ' OFFICE : 1983 O - 421-526 (9143) FEBRUARY 1965 EDITION Lease No. DTFA07-90-L-01066 Automated Weather Observing/Reporting System (AWOS) Central Data Platform Batesville, Arkansas 9. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days' written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED that no renewal shall extend this lease beyond the 30th day of September 2005. 10. MONETARY CONSIDERATION: It is hereby mutually understood and agreed that the Government shall pay no monetary consideration in the form of rental for the leased premises, 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 the facilities upon the premises. 11. NON-RESTORATION: The Government shall have no obligation to restore and/or rehabilitate, either wholly 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. Notice of abandonment will be conveyed to the Lessor in writing. 12. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS: The Lessor agrees that in the event any of the Lessor's operations or facilities located on the demised premises causes interference with the Government's operations conducted on the leased premises, the Lessor shall, upon being notified by the Government's Contracting Officer, make every reasonable effort to eliminate the cause of such interference. 13• INSTALLATION OF ANTENNAS, POWER CABLES, CONTROL CABLES, AND OTHER APPURTENANCES: The Government shall have the right and privilege to install, operate, and maintain antenna wires and appurtenances atop necessary buildings and structures or at other locations where deemed necessary on an airport property, together with the right to install, operate, and maintain necessary connecting cables and wiring, where needed, to perform the necessary linking of facilities, provided such installations do not constitute a hazard to the operation of aircraft when such installations Lease No. DTFA07-90-L-01066 Automated Weather Observing/Reporting System (AWOS) Central Data Platform Batesville, Arkansas have been completed. The Government shall have the right to install, operate, and maintain such cables, conduit, and wiring as necessary to link and connect its facilities to its emergency standby powerplant to be used in the event of commercial power failure to any of its facilities located on airport property. 14. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I and II facilities, or components thereof, as defined below, covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitters/Receiver (Tower) Visual Landing Aids Airport Traffic Control Towers Direction Finding Equipment Airport Surveillance Radars VOR's, TVOR's, and VORTAC's Airport Surface Detection Equipment (Instrument Approach) Precision Approach Radars Weather Observing and Measuring Equip. ILS and Components (Owned and operated by FAA) ALS and Components Central Standby Powerplants Flight Service Stations Low Level Wind Shear Alert Systems CLASS II FACILITIES Long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Centers Flight Service Stations Remote Control Air-Ground Remote Communications Outlet Communication Facility Limited Remote Communications Outlet Other En Route Facilities Lease No.91FA07-90-L-01066 AWOS CDP, BATESVILLE, ARKANSAS GENERAL PROVISIONS (W U.S. Government Lease for Real Property GENERAL PROVISIONS 1. DEFINmoxS selling agencies maintained by the Lessor for the purpose of securin business. For breach or violation of this warranty the Government sha (a) The terms "contract" and "Contractor" shall mean "lease" and have the right, to annul this lease without liability or in its discretion t "Lessor," respectively. deduct from the rental price or consideration, or otherwise recover, th (b) The abbreviations "FAR" and "CFR" mean "Federal Acquisition full amount of such commission,percentage,brokerage,or contingent fel Regulation"and "Code of Federal Regulations"respectively. (Licensed real estate agents or brokers having listings on property fc (c) The term "Lessor shall provide" means the Lessor shall furnish and install. rent, in accordance with general business practice, and who have nc obtained such licenses for the sole purpose of effecting this lease, may b 2. SUBLETTING THE PREMISES considered as bona fide employees of agencies within the exceptio The Government may sublet any part of the premises but shall not be contained in this clause.)(FAR 52.203-5)(APR 1984) relieved from any obligations under this lease by reason of any such 8. OFFICIALS NOT To BENEFIT subletting. No member of or delegate to Congress,or resident commissioner,sha. 3. MAINTENANCE OF PREMISES be admitted to any share or part of this contract,or to any benefit arisin The Lessor shall maintain the demised premises,including the building from it. However,this clause does not apply to this contract to the exter and allui ment, fixtures, and appurtenances furnished by the Lessor that this contract is made with a corporation for the corporation's genes eq p under this lease in good repair and tenantable condition,except in case of benefit. (FAR 52.203-1)(APR 1984) damage arising from the act or the negligence of the Government's agents 9. ASSIGNMENT OF CLAIMS or employees. For the purpose of so maintaining said premises and property, the Lessor may at reasonable times, and with the approval of (a) The Contractor, under the Assignment of Claims Act,as amender the authorized Government representative in charge, enter and inspect 31 USC 3727,41 USC 15(hereafter referred to as"the Act"), may assig the same and make any necessary repairs thereto. its rights to be paid amounts due or to become due as a result of th performance of this contract to a bank, trust company,or other financill ( DAMAGE BY FIRE OR OTHER CASUALTY institutions, including any Federal lending agency. The assignee undf Wf the said premises be destroyed by fire or other casualty,this lease will such an assignment may thereafter further assign or reassign its rigl- immediately terminate. In case of partial destruction or damage,so as to under the original assignment to any type of financing institutio render the premises untenantable,as determined by the Government,the described in the preceding sentence. Government may terminate the lease by giving written notice to the (b) Any assignment or reassignment authorized under the Act an Lessor within 15 calendar days thereafter; if so terminated, no rent will this clause shall cover all unpaid amounts payable under this contras accrue to the Lessor after such partial destruction or damage;and if not so and shall not be made to more than one party,except that an assignmer terminated, the rent will be reduced proportionately by supplemental or reassignment may be made to one party as agent or trustee for two r agreement hereto effective from the date of such partial destruction or more parties participating in the financing of this contract. damage. (c) The Contractor shall not furnish or disclose to any assignee unde this contract any classified document (including this contract) c 5. ALTERATIONS information related to work under this contract until the Contractin The Government shall have the right during the existence of this lease Officer authorizes such action in writing.(FAR 52.232-23)(JAN 1986) to make alterations, attach fixtures, and erect structures or signs in or 10. GRATUITIES upon the premises hereby leased, which fixtures,additions, or structures so placed in, on, upon, or attached to the said premises shall be and (a) The right of the Contractor to proceed may be terminated h remain the property of the Government and may be removed or otherwise written notice if, after notice and hearing, the agency head or designe disposed of by the Government. If the lease contemplates that the determines that the Contractor, its agent,or another representative— Government is the sole occupant of the building, the purposes of this (1) Offered or gave a gratuity(e.g.,an entertainment or gift)to a clause,the leased premises include the land on which the building is sited officer,official, or employee of the Government;and and the building itself.Otherwise,the Government shall have the right to (2) Intended, by the gratuity, to obtain a contract or favorabl tie into or make any physical connections with any structure located on treatment under a contract. the property as is reasonably necessary for appropriate utilization of the (b) The fact~ supporting this determination may be reviewed by an leased space. court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, th 6. CONDMON REPORT Government is entitled— A joint physical survey and inspection report of the demised premises (1) To pursue the same remedies as in a breach of the contract;an will be made as of the effective date of this lease, reflecting the then (2) In addition to any other damages provided by law,to exemplar f present conditions,and will be signed on behalf of the parties hereto. damages of not less than 3 nor more than 10 times the cost incurred bthe Contractor in giving gratuities to the person concerned,as determine f COVENANT AGAINST CONTINGFNT FFEs-DEVIATION by the agency head or a designee. (This subparagraph (c)(2) is applicabl (ITh only if this contract uses money appropriated to the Department c e Lessor warrants that no person or selling agency has been Defense.) employed or retained to solicit or secure this lease upon an agreement or (d) The rights and remedies of the Government provided in this clau, understanding for a commission,percentage,brokerage,or contingent fee, shall not be exclusive and are in addition to any other rights and remedil excepting bona fide employees or bona fide established commercial or provided by law or under this contract. (FAR 52.203-3)(APR 1984) 1 C> 11. ANTI-KICKBACK PROCEDURES 12. APPLICABLE CODES AND ORDINANCES (a) Definitions. The Lessor, as part of the rental consideration, agrees to comply witl "Kickback," as used in this clause, means any money, fee, all codes and ordinances applicable to the ownership and operation of th( emission, credit, gift, gratuity, thing of value, or compensation of any building in which the leased space is situated and,at his own expense,G d which is provided directly or indirectly, to any prime Contractor, obtain all necessary permits and related items. prime Contractor employee,subcontractor,or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in 13. Dlsm'rEs connection with a prime contract or in connection with a subcontract (a) This contract is subject to the Contract Disputes Act of 1978 (41 relating to a prime contract. "Person,"as used in this clause,means a corporation,partnership, USC 6 Except (the Act). E business association of any kind,trust,joint-stock company,or individual. (b) Except as provided in the Act, all disputes arising under of "Prime contract," as used in this clause, means a contract or relating to this contract shall be resolved under this clause. contractual action entered into by the United States for the purpose of (c) "Claim,"as used in this clause,means a written demand or writter obtaining supplies,materials,equipment,or services of any kind. assertion by one of the contracting parties seeking, as a matter of right "Prime Contractor," as used in this clause, means a person who the payment of money in a sum certain,the adjustment or interpretatior has entered into a prime contract with the United States. of contract terms,or other relief arising under or relating to this contract "Prime Contractor employee," as used in this clause, means any A claim arising under a contract,unlike a claim relating to that contract officer, partner,employee,or agent of prime contractor. is a claim that can be resolved under a contract clause that provides fol the relief sought by the claimant. However,a written demand or writter "Subcontract," as used in this clause, means a contract or assertion by the Contractor seeking the payment of money exceeding contractual action entered into by a prime Contractor or subcontractor for $50,000 is not a claim under the Act until certified as required b3 the purpose of obtaining supplies,materials,equipment,or services of any subparagraph(d)(2)below.A voucher,invoice,or other routine request fol kind under a prime contract. payment that is not in dispute when submitted is not a claim under th( "Subcontractor,"as used in this clause, Act. The submission may be converted to a claim under the Act, bN (1) means any person other than the prime Contractor, who offers complying with the submission and certification requirements of thi. to furnish or furnishes any supplies, materials,equipment, or services of clause,if it is disputed either as to liability or amount or is not acted upor any kind under a prime contract or a subcontract entered into in in a reasonable time. connection with such prime contract, and (01) A claim by the Contractor shall be made in writing anc (2) includes any person who offers to furnish or furnishes general submitted to the Contracting Officer for a written decision.A claim by tht supplies to the prime Contractor or a higher tier subcontractor. Government against the Contractor shall be subject to a written decisior "Subcontractor employee," as used in this clause, means any by the Contracting Officer. officer, partner,employee,or agent of a subcontractor. (2) For Contractor claims exceeding $50,000, the Contractor shal' Clb) The Anti-Kickback Act of 1986(41 U.S.C.51-58)(the Act),prohibits submit with the claim a certification that— person from— (i) The claim is made in good faith; (1) Providing or attempting to provide or offering to provide any (ii) Supporting data are accurate and complete to the best of th( kickback; Contractor's knowledge and belief;and (2) Soliciting,accepting,or attempting to accept any kickback; or (iii) The amount requested accurately reflects the contract (3) Including,directly or indirectly,the amount of any kickback in adjustment for which the Contractor believes the Government is liable. the contract price charged by a prime Contractor to the United States or (3U) If the Contractor is an individual, the certification shall b( in the contract price charged by a subcontractor to a prime Contractor or executed by that individual. higher tier subcontractor. 60 If the Contractor is not an individual,the certification shall b( (c)(1) The Contractor shall have in place and follow reasonable executed by— procedures designed to prevent and detect possible violations described in 1 A senior company official in charge at the Contractor': paragraph (b) of this clause in its own operations and direct business plant or location involved;or relationships. 2 An officer or general partner of the Contractor having. (2) When the Contractor has reasonable grounds to believe that a overall responsibility for the conduct of the Contractor's affairs. violation described in paragraph(b)of this clause may have occurred,the (e) For Contractor claims of$50,000 or less, the Contracting Officel Contractor shall promptly report in writing the possible violation. Such must, if requested in writing by the Contractor, render a decision withir reports shall be made to the inspector general of the contracting agency, 60 days of the request. For Contractor-certified claims over $50,000, the the head of the contracting agency if the agency does not have an Contracting Officer must, within 60 days, decide the claim or notify the inspector general,or the Department of Justice. Contractor of the date by which the decision will be made. (3) The Contractor shall cooperate fully with any Federal agency (fl The Contracting Officer's decision shall be final unless th( investigating a possible violation described in paragraph(b)of this clause. Contractor appeals or files a suit as provided in the Act. (4) The Contracting Officer may— (g) The Government shall pay interest on the amount found due and (i) Offset the amount of the kickback against any monies owed unpaid from (1) the date the Contracting Officer received the claim by the United States under the prime contract and/or (properly certified if required),or(2)the date payment otherwise would bt (ii) Direct that the Prime Contractor withhold from sums owed a due, if that date is later, until the date of payment. Simple interest or subcontractor under the prime contract,the amount of the kickback.The claims shall be paid at the rate fixed by the Secretary of the Treasury of Contracting Officer may order that monies withheld under subdivision provided in the Act, which is applicable to the period during which the (04Xii) of this clause be paid over to the Government unless the Contracting Officer receives the claim and then at the rate applicable fol Government has already offset those monies under subdivision (cH4Xi)of each 6-month period as fixed by the Treasury Secretary during th( � clause. In either case, the Prime Contractor shall notify the pendency of the claim. cracting Officer when the monies are withheld. (h) The Contractor shall proceed diligently with performance of thi. (5) The Contractor agrees to incorporate the substance of this contract, pending final resolution of any request for relief,claim,appeal clause,including subparagraph(c)(5),but excepting subparagraph(c)(1),in or action arising under the contract,and comply with any decision of th( all subcontracts under this contract. (FAR 52.203-7)(OCT 1988) Contracting Officer. (FAR 52.233-1)(APR 1984) 2 Lease No. A07-90—L-01066 AWOS CDP, 9TESVILLE, ARKANSAS 14. PROMPT PAYMENT 17. N(rn FICATION OF PCB HAZARDOUS CONDITION a Government will make payments under the terms and conditions The IAtssor shall promptly notify the Contracting Officer and the tenon AFNci ed in this clause.Payment shall be considered as being made on the agency official of any leaks, spills, or other hazardous conditions whicl a c eck is dated or an electronic funds transfer is made. involve PCBs in any area of the building. (a) R tal payments. Rent shall be paid in arrears and will be due on the first w kday of each payment period,and only as provided for by the 18. FAII.URE IN PERFORMANCE. lease. (1) Whe the date for commencement of rent falls on the 15th day The covenant to pay rent and the covenant to provide any service of the month or arlier, the initial rental payment under this contract utility,maintenance,or repair required under this lease are dependent.It shall become due o the first workday of the month following the period in the event of failure by the Lessor to provide any of these items, th, which the commenc ent of the rent is effective. Government may by contract or otherwise perform the service, mainte (2) When the d e for commencement of rent falls after the 15th nance,utility,or repair,and charge to the Lessor any cost incurred by th, day of the month, the itial rental payment under this contract shall Government that is related to the performance of such service ill become due on the first w kday of the second month following the period maintenance, etc., including any administrative costs, and deduct sucl in which the commencemet of the rent is effective. cost from any rental payments. Alternately,the Government may reduce (b) Interest Penalty. rental payments by the corresponding value of the contract requiremen' (1) An interest penalt shall be paid automatically by the not performed,as determined by the Contracting Officer.These remedie: Government,without request fro the Contractor,if payment is not made are not exclusive and are in addition to any other remedies which may bt by the due date. available under this contract or in the law. (2) The interest penalty shal at the rate established by the Secretary of the Treasury under Sectio 12 of the Contract Disputes Act of 19. LESSOR'S SUCCESSORS 1978 (41 U.S.C. 611) that is in effect o the payment date. This rate is referred to as the"Renegotiation Board In rest Rate,"and it is published The terms and provisions of this lease and the conditions herein bin<' in the Federal Register semiannually on or bout January 1 and July 1. the Lessor and the Lessor's heirs, executors, administrators, successors The interest penalty shall accrue daily on the ayment amount approved and assignees. by the Government and be compounded in 3 y increments inclusive from the first day after the due date through the ayment date. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (3) Interest penalties will not continue to accr a after the filing of a claim for such penalties under the clause at 52.233-1,Nsputes,or for more ( plicable to leases which exceed$2,500.) than 1 year. Interest penalties of less than $1.00 needt be paid. (a) General. (4) Interest penalties are riot required on payme delays due to U Regarding any position for which the employee or applicant for disagreement between the Government and Contractor ove the payment employ nt is qualified, the Contractor shall not discriminate against amount or other issues involving contract compliance or n amounts any empl ee or applicant because of physical or mental handicap. The Wrarily withheld or retained in accordance with the to s of the Contractor grees to take affirmative action to employ, advance in ract.Claims involving disputes,and any interest that maybe ayable, employment, and otherwise treat qualified handicapped individual: will be resolved in accordance with the clause at 52.233-1,Dispute (FAR without discri ination based upon their physical or mental handicap in 52.232-25)(APR 1989) all employment ractices such as— (i) Empl< menta 15. INSPECTION OF PREMISES—DEVIATION (ii) Upgra g; At all times after receipt of offers, prior to or after acceptance of any (iii) Demotio or transfers; offers, or during any construction, remodeling, or renovation work, the (iv) Recruitme t; premises and the building or any part thereof, upon reasonable and (v) Advertising; proper notice,must be accessible for inspection by the Contracting Officer, (vi) Layoff or tert 'nation; or by architects, engineers, or other technicians representing him, to (vii) Rates of pay or ther forms of compensation;and determine whether the essential requirements of the solicitation or the (viii)Selection for tral ing, including apprenticeship. lease requirements are met. Additionally, the Government reserves the (2) The Contractor agree to comply with the rules,regulations,and right,upon reasonable notice, to: - relevant orders of the Secreta of Labor (Secretary) issued under the (a) inspect and perform bulk sampling and analysis of suspected Rehabilitation Act of 1973(29 U 793)(the Act),as amended. asbestos-containing materials: (b) Postings. (b) monitor the air for asbestos fibers in the space offered or under (1) The Contractor agrees top t employment notices stating— lease as well as other areas of the building deemed necessary by the (i) the Contractor's obligatio under the law to take affirmative Contracting Officer; action'to employ and advance in em loyment qualified handicapped (c) inspect the premises for any leaks, spills, or other potentially individuals and hazardous conditions which may involve tenant exposure to hazardous or (ii) the rights of applicants and a loyees. toxic substances(e.g. PCBs); (2) These notices shall be posted in onspicuous places that are (d) inspect the site upon which the space is offered for any current or available to employees and applicants for emp yment.They shall be in a past hazardous waste operations, and ensure that appropriate mitigative form prescribed by the Director, Office of Fed al Contract Compliance actions were taken to alleviate any environmentally unsound activities in Programs,Department of Labor(Director),and pr vided by or through the accordance with Federal,state,and local regulations. Contracting Officer. (3) The Contractor shall notify each labor unt n or representative 16. TERMINATION — POLYCHLORINATED BIPHENYLS (PCBs), AsRE.sTOs, OR OTHER of workers with which it has a collective bargaining - reement or other HAZARDOUS MATERIALS contract understanding, that the Contractor is bound y the terms of Section 503 of the Act and is committed to take affir tive action to Ctit is discovered that PCBs,asbestos,or other hazardous materials are employ and advance in employment qualified physically nd mentally nt, the Government reserves the right to require the Lessor, at no handicapped individuals. o the Government,to remove such materials present in the building, (c) Noncompliance. If the Contractor does not comp] with the in accordance with EPA regulations,or alternately the Government may requirements of this clause,appropriate actions may be taken der the terminate the lease.This is in addition to other remedies available to the rules,regulations,and relevant orders of the Secretary issued pur ant to Government. the Act. 3 Lease No. DTFA07-90-L-01066 Automated Weather Observing/Reporting System (AWOS) Central Data Platform Batesville, Arkansas f CORPORATE CERTIFICATE / certify that I am the of the Corporation named in the foregoing agreement, that J 1 crt SH/RLLt �- who signed said agreement on behalf of said corporation, was then „thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.-� Dated this (.0 T-VI day of -1 r r`1 (r y , 19 Signed by_ 2-C'-LL4 <-�- CORPORATE SEAL U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Lease No. : DTFA07-90-L-01067 Automated Weather Observing/ Reporting System (AWOS) Sensor Site Batesville Regional Airport Batesville, Arkansas LEASE between CITY OF BATESVILLE and THE UNITED STATES OF AMERICA This LEASE, made and entered into this 9th day of January in the year one thousand nine hundred and ninety, by and between the CITY OF BATESVILLE, whose address is P.O. Box 2214, Batesville, Arkansas 72503, for itself, its successors and assigns, hereinafter called the Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning February 1, 1990, and ending September 30, 1990, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: A plot of land 15 by 45 feet (approximately 675 square feet) .located parallel to Runway 7 to install an Automated Weather Observing/Reporting System (AWOS) Sensor Unit. Additional land to install a sensor direction benchmark located 100 feet due east of the wind sensor tower centerpoint, together with land for a pressure sensor elevation bench located 10 feet west from the wind sensor tower centerpoint on a line perpendicular to Runway 7 centerline, all being on the Batesville Regional Airport, Batesville, Arkansas, as further denoted on FAA Drawing No. SW-D-10986-3, marked Exhibit "A," and FAA Drawing No. SW-D-10986-4, marked Exhibit "B." a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. -1- ... Lease No. : DTFA07-90-L-01067 Automated Weather Observing/ Reporting System (AWOS) Sensor Site Batesville Regional Airport Batesville, Arkansas 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 air navigation and telecommunications 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 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. 2. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days' written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED that no renewal shall extend this lease beyond the 30th day of September 2005. 3. RENT: The Government shall pay 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 obligation assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 4. CANCELLATION: The Government may terminate this lease at any time by giving at least thirty (30) days' notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. 5. OFFICIALS NOT TO BENEFIT: No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. -2- ,W Lease No. : DTFA07-90-L-01067 Automated Weather Observing/ Reporting System (AWOS) Sensor Site Batesville Regional Airport Batesville, Arkansas 6. LESSOR WARRANTY: The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other consideration, the full amount of such commission, brokerage, percentage, or contingent fee. 7. DISPUTES: a. This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563) . b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. C. (1) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising under or relating to this lease. (2) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (3) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessor claims of more than $50, 000, the Lessor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior -3- Lease No. : DTFA07-90-L-01067 Automated Weather Observing/ Reporting System (AWOS) Sensor Site Batesville Regional Airport Batesville, Arkansas company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. e. For the Lessor claims of $50, 000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50, 000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. f. The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. g. The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. h. Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer - until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365- or 366-day year, whichever applies. i. Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 8. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I and Class II facilities, or components thereof, as defined below, covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. -4- Lease No. : DTFA07-90-L-01067 Automated Weather Observing/ Reporting System (AWOS) Sensor Site Batesville Regional Airport Batesville, Arkansas CLASS I FACILITIES Remote Transmitters/Receiver (Tower) Visual Landing Aids Airport Traffic Control Towers Direction Finding Equipment Airport Surveillance Radars VOR's, TVOR's, and VORTAC's Airport Surface Detection Equipment (Instrument Approach) Precision Approach Radars Weather Observing and Measuring Equip. ILS and Components (Owned and operated by FAA) ALS and Components Central Standby Powerplants Flight Service Stations Low Level Wind Shear Alert Systems CLASS II FACILITIES Long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Centers Flight Service Stations Remote Control Air-Ground Remote Communications Outlet Communication Facility Limited Remote Communications Outlet Other En Route Facilities 9. 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 wholly 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. Notice of abandonment will be conveyed to the Lessor in writing. 10. INTERFERENCE: The Lessor agrees not to erect, or to allow to be erected on the leased property or on adjacent property of the Lessor, any structure or obstruction of whatsoever kind or nature as will interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent thereto shall first be secured from the Government in writing. 11. CONTINUOUS CUTTING AND CLEARANCE OF RESTRICTED CRITICAL AREAS: The Lessor shall keep the critical areas within 130-foot radius of the visibility sensor clear of trash, weeds, or small bushes to a maximum height of ten (10) inches, or less, said area more particularly shown on Exhibit "B" attached hereto. -5- Lease No. : DTFA07-90-L-01067 Automated Weather Observing/ Reporting System (AWOS) Sensor Site Batesville Regional Airport Batesville, Arkansas 12. NOTICES: All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of Batesville, Batesville Regional Airport, Batesville, Arkansas 75203 To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193-0056 IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as of the date first above written. CITY OF BATESVILL Title: THE UNITED STATES OF AMERICA By• Or +�,f,,z Jane Smith Title: Contracting Officer -6- Lease No. : DTFA07-90-L-01067 Automated Weather Observing/ Reporting System (AWOS) Sensor Site Batesville Regional Airport Batesville, Arkansas CORPORATE CERTIFICATE I, ��, ,? ( v�lL c i rl %> > S , certify that I am the 17 y C -� of the Corporation named in the foregoing agreement, that T, rn SN112 a eL� who signed said agreement on behalf of said corporation, was then thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its(corporate powers. Dated this 1`r I day of V 11a-1 , 19 �1G Signed by CORPORATE SEAL -7-