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2011-048 RES APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENTRESOLUTION NO. 2011-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT ("MOA") WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) TO COVER REQUIRED LAND SITES AND EASEMENTS WITH ONE SINGLE DOCUMENT FOR FOUR FACILITIES FOR EXISTING NAVIGATIONAL AID (NAVAID) FACILITIES AT COX FIELD, PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the United States Department of Transportation, Federal Aviation Administration (FAA) has presented the City with a Memorandum of Agreement to cover required land sites and easements for existing navigational aid facilities at Cox Field, Paris, Texas (NAVAID) a copy of said agreement being attached hereto as Exhibit "A", 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 Cox Field Airport, and, WHEREAS, City staff has reviewed the proposed Memorandum of Agreement and recommends that City Council approve and authorize execution of this document, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Memorandum of Agreement is hereby approved and City Manager be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, a Memorandum of Agreement between the Federal Aviation Administration (FAA) under the terms and conditions and in the forms shown in Exhibit "A". Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND ADOPTED this 23rd day of May, 2011 ~ /1-4,1- ~4~ McCarty, Mayor Pro ATTEST: , , nice Ellis, City Clerk 7 APPROVE AS ORM: W. Kent McIlyar, City Attorney DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT DTFACN-II-L-00075 This agreement is made and entered into by the CITY OF PARIS, TEXAS whose address is P.O. Box 9037, Paris, TX 75461-9037, hereinafter referred to as the Sponsor, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing far 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 COX FIELD Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS: (Jun-04) It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in arder 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 Sponsor 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 October 1, 2010 and continuing though September 30, 2030. The FAA can terminate this agreement, in whole or part at any time by giving at least (30) day's notice in writing. Said notice shall be sent by certified or registered mail. A. Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining pole lines or under ground lines for eXtending electrical power and/or telecommunications lines to the premises; including a right-of-way for subsurface power, communication and/or water lines to the premises; all right-of-ways to be over the area referred to as COX FIELD Airport, to be routed tI n EXHIBIT -k MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Sponsor shall have the right to review and comment on plans covering access and utility rights-of-way under this paragraph. B. And the right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of a11 obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. C. And the rights to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. D. And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION: (Aug- 02) The FAA shall pay the Sponsor no monetary consideration, it is mutually agreed that the rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE: (Apr-OS) It is understood and agreed that the use of the herein described premises, known as, COX FIELD Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES: (Apr-OS) The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made part of this agreement by reference and shown on the attached FAA "List of Facilities". 5. TITLE TO IMPROVEMENTS: (Apr-OS) Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg, 2 MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas 6. HAZARDOUS SUBSTANCE CONTAMINATION: (May-00) The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The Sponsor agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Sponsor also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." 7. INTERFERENCE WITH FAA OPERATIONS: (Oct-96) The Sponsor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of the Airport or the FAA. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES• (Oct-96) The Sponsor agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Sponsor, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Sponsor or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON-RESTORATION: (Oct-96) It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore andlor rehabilitate, either wholly or partially, the property which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or located upon said property by the FAA during its tenure. Such abandoned equipment shall become the property of the Sponsor. 1.3.3 Ivo Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg. 3 MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas 10. NOTICES: (Oct-96) All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Sponsor: City of Paris, Texas P.O. Box 9037 Paris, TX 75461-9037 11. Previous Leases Agreements: Government: Department of Transportation Federal Aviation Administration Real Estate and Utilities Group 2601 Meacham Blvd. Fort Worth, TX 76137 This agreement supersedes Land Lease number DTFA07-93-L-01143, DTFA07-97-L- 01103 and DTFA07-02-L-00725. 12. The following clauses are incorporated bv reference: The full text of these clauses can be found via lnternet at site http://fast.faa.gov/ 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) 13. SIGNATURES: (Apr-04) The Sponsor and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative (s). This agreement is effective upon the date of signature by the last party thereof. CITY OF PARIS, TEXAS By: Title: Date: UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION By: Jana C. Blanco Title: Contracting Officer Date: 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised Apri12010 OMB Control No. 2120-0595 Pg. 4 MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas List of Facilities Effective Date: October 1, 2010 MEMORANDUM OF AGREEMENT DTFACN-11-L-00075 COX FIELDAIRPORT R/W GSA Control Number Facili Number Number Comments (PRX) Facility site 1 VASI RWY 35 48914 Facility site, equipment shelter, 2 RCAG 94408 access road 3 RCO 48434 Co-located w/RCAG 4 AWOS 94314 Facility site 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Contro] No. 2120-0595 Pg, 5 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT DTFACN-II-L-00075 This agreement is made and entered into by the CITY OF PARIS, TEXAS whose address is P.O. Box 9037, Paris, TX 75461-9037, hereinafter referred to as the Sponsor, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; 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 COX FIELD Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS: (Jun-04) It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed that the Sponsor 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 October 1, 2010 and continuing though September 30, 2030. The FAA can terminate this agreement, in whole or part at any time by giving at least (30) day's notice in writing. Said notice shall be sent by certified or registered mail. A. Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications lines to the premises; including a right-of-way for subsurface power, communication and/or water lines to the premises; all right-of-ways to be over the area referred to as COX FIELD Airport, to be routed MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Sponsor shall have the right to review and comment on plans covering access and utility rights-of-way under this paragraph. B. And the right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. C. And the rights to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. D. And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION: (Aug- 02) The FAA shall pay the Sponsor no monetary consideration, it is mutually agreed that the rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE: (Apr-OS) It is understood and agreed that the use of the herein described premises, known as, COX FIELD Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES: (Apr-OS) The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made part of this agreement by reference and shown on the attached FAA "List of Facilities". 5. TITLE TO IMPROVEMENTS: (Apr-OS) Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg. 2 MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas 6. HAZARDOUS SUBSTANCE CONTAMINATION: (May-00) The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and/ar maintenance of the FAA's facilities covered by this agreement. The Sponsor agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Sponsor also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." 7. INTERFERENCE WITH FAA OPERATIONS: (Oct-96) The Sponsor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of the Airport or the FAA. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES: (Oct-96) The Sponsor agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Sponsor, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Sponsor or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON-RESTORATION: (Oct-96) It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or located upon said property by the FAA during its tenure. Such abandoned equipment shall become the property of the Sponsor. 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg. 3 MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas 10. NOTICES: (Oct-96) All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Sponsor: City of Paris, Texas P.O. Box 9037 Paris, TX 75461-9037 Government: Department of Transportation Federal Aviation Administration Real Estate and Utilities Group 2601 Meacham Blvd. Fort Worth, TX 76137 11. Previous Leases Agreements: This agreement supersedes Land Lease number DTFA07-93-L-01143, DTFA07-97-L- 01103 and DTFA07-02-L-00725. 12. The followin2 clauses are incorporated by reference: The full text of these clauses can be found via lnternet at site ]lttp://fast.faa.gov/ and finding the form "Land On-Airport Lease". l. OFFICIALS NOT TO BENEFIT (10/96) 2. COVENANT AGAINST CONTINGENT FEES (8/02) 3. ANTI-KICKBACK (10/96) 13. SIGNATURES: (Apr-04) The Sponsar and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative (s). This agreement is effective upon the date of signature by the last party thereof. CITY OF PARIS, TEXAS UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION By: Title: Date: 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised Apri12010 OMB Control No. 2120-0595 By: Jana C. Blanco Title: _Contracting Officer Date: Pg. 4 MOA No. DTFACN- I I -L-00075 (PRX) Cox Field Airport Paris, Texas List of Facilities Effective Date: October 1, 2010 MEMORANDUM OF AGREEMENT DTFACN-II-L-00075 COX FIELDAIRPORT R/W GSA Control Number Facilitv Number Number Comments (PRX) Facility site 1 VASI RWY 35 48914 Facility site, equipmentshelter, 2 RCAG 94408 access road 3 RCO 48434 Co-located w/RCAG 4 AWOS 94314 Facility site 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised Apri12010 OMB Control No. 2120-0595 Pg. 5