HomeMy WebLinkAboutR-2015-105 Property Lease Agreement with UChicago Argonne, LLCRESOLUTION NO. R-2015-105
A RESOLUTION authorizing the City Manager to execute a lease agreement with UChicago
Argonne, LLC, for a lease of property located south of the Yakima Air Terminal
maintenance shop for wind research and data collection equipment.
WHEREAS, The City owns and operates Yakima Air Terminal in accordance with applicable
Federal, State and Local regulations; and
WHEREAS, the Yakima Air Terminal has land available for lease within parcel number 181335-
23018, located immediately south and adjacent to the Air Terminal maintenance shop at 3106 W
Washington Ave; and
WHEREAS, the City of Yakima and UChicago Argonne, LLC, an Illinois limited liability company,
operator of Argonne National Laboratory, have negotiated terms to lease a portion of said parcel to
UChicago Argonne, LLC, which lease includes a license to install a Wind Profiler associated with a
weather research study referred to as the Wind Forecast Improvement Project 2 ("WFIP 2"), all terms
and conditions of which are set forth in the "Airport Land Lease Agreement" attached hereto as Exhibit
"A" and incorporated herein by this reference, and
WHEREAS, the City Council has determined that approval of such lease agreement will promote
the purposes of the Yakima Air Terminal, will promote increased aviation safety as well as the general
health, safety and welfare of the citizens, and is in the best interests of residents of the City of Yakima;
Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the attached and
incorporated Airport Land Lease Agreement with UChicago Argonne, LLC, an Illinois limited liability
company, operator of Argonne National Laboratory, for a land lease of Yakima Air Terminal property to
be used for the collection of scientific wind information, which lease agreement is attached hereto and
incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 18nd day of August, 2015.
ATTEST:
)1 A: A. . , , , E/
Micah Cawley,,/Mayor
LICENSE AGREEMENT No. 5T-30841
This License Agreement ("Agreement") executed this 18th day of August 2015, between the
City of Yakima, Washington, a municipal corporation located at 129 N. 2nd Street, Yakima, WA
98901, referred to as "City" or "Licensor," and UChicago Argonne, LLC, an Illinois limited
liability company, operator of Argonne National Laboratory (called the "Laboratory") having an
office at 9700 South Cass Avenue, Lemont, Illinois 60439, hereinafter referred to as "Argonne"
or "Licensee".
UChicago Argonne, LLC, an Illinois limited liability company, operator of Argonne National
Laboratory (called the "Laboratory"), acting under Prime Contract No. DE-ACO2-06CH11357
("Prime Contract"), as amended, with the United States Government (called the "Government"),
represented by the U.S. Department of Energy (called the "Department" or "DOE").
WITNESSETH THAT:
WHEREAS, Argonne, pursuant to its Prime Contract No. DE-ACO2-06CH11357, desires to
undertake a Meteorological Field Research Program in Yakima, Washington; and
WHEREAS, Licensor is willing to allow Argonne to install certain instrumentation (as described
below) on less than one acre of land located on the City's airport (more fully described below) as
a Wind Profiler site under the Wind Forecast Improvement Project 2 ("WFIP 2") for a period of
two (2) years.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
hereby agree as follows:
1. Subject to the condition to restore the site as set forth in Article 10, Licensor hereby
permits Argonne to use the following described land (hereinafter referred to as `Site") as
a Wind Forecast Improvement Project 2 Site for the below described program:
On less than one acre tract of land approximately 6,400 feet located within parcel number
181335-23018 as illustrated on "Exhibit A — Wind Forecast Improvement Project 2 Site"
of this Agreement.
2. Argonne's access to the Site shall only be through approval by authorized City Airport
Personnel. Argonne must contact airport staff prior to accessing the Site. Ingress and
egress shall be set by Airport Personnel. Argonne shall only be granted access to the Site
with prior proper notification to airport staff. Airport staff shall accompany Argonne
personnel at all times while at the site.
3. Argonne shall cause the installation of instrumentation consistent with the needs of the
WFIP 2 program including but not limited to, tower mounted meteorological sensors.
Argonne shall be responsible for necessary utility installation and all costs and fees
associated with the removal of the utility installation.
4. Argonne shall ensure that it is in compliance with all Federal, State and local laws
regarding its installation and operation of the instrumentation. Additionally, Argonne
shall ensure compliance with all Federal Aviation Administration Rules and Regulations.
The utility installation shall at all times comply with any specific conditions required by
the airport manager to assure aircraft and personnel safety.
5. The commencement date of this Agreement shall be the date of Argonne's execution of
this Agreement. The License shall remain continuously in force for two (2) years from
the commencement date.
6. Argonne shall pay Licensor the annual, base amount of $1,445.00 (One Thousand Four
Hundred Forty -Five Dollars and no cents) per year for the use of the Licensor's premises
as a Wind Forecast Improvement Project 2 site under the Meteorological Field Research
Program.
7. Licensor hereby agrees that, during the term of the License and subject to the terms set
forth in paragraph 2, above, Argonne, its employees, representatives, designees,
contractors and subcontractors shall have the right to enter the Site and to bring necessary
equipment thereon in connection with the performance of the installation, maintenance,
sampling and closure obligations hereunder.
8. To the best of his or her knowledge, the Lessor represents and certifies that the Site upon
which space is offered was not a site used for any of the operations listed below:
• Generation of hazardous waste
• Treatment, temporary/permanent storage or disposal of solid or hazardous waste
• Storage of hazardous substances or petroleum products
• Used/waste oil storage or reclamation units
• Laboratory or rifle range
• Chemical manufacturing/storage
• Military or intelligence weapons or ammunition training or testing
• Ordnance and/or weapons production, storage or handling.
The Lessee represents and certifies that the Site will not be used for any of the operations
listed above.
9. All notices hereunder shall be in writing and shall be deemed effectively given upon
personal delivery, upon verified facsimile receipt, or upon the third business day
following mailing, by registered or certified mail, postage prepaid, and addressed to the
parties at the following respective addresses, or to such other persons or at such other
addresses as may be designated in writing by either party to the other:
Page 2
To the Licensor at:
To the Licensee at:
Yakima Air Terminal
2406 West Washington Ave., Suite B
Yakima, WA 98903
Attention: Robert Peterson, Airport Manager
Phone: (509) 575-6149
e-mail: rob.petcrson(uvakimaairterminal.com
Argonne National Laboratory
9700 South Cass Avenue
Lemont, Illinois 60439
Attention: Susan Underwood OCF/PRO, Bldg. 201
Phone: (630) 252-2778 e-mail: sunderwood@anl.gov
10. The Laboratory shall use its best efforts, consistent with the needs of the Meteorological
Field Research Program, to alter the present land use as little as possible. Installation of
equipment will occur only when in the opinion of Argonne and the Licensor the land is
sufficiently dry to avoid creation of ruts. Any incidental disturbance of land from
installation of equipment will be repaired by Argonne at the time of installation. Upon
the expiration or termination of the License, Argonne shall, subject to the appropriation
of funds by the Congress of the United States and allotment to Argonne under the Prime
Contract, restore the surface characteristics site to the condition in which it was received.
11. This License represents the entire understanding of the parties on this matter, and no oral
statements or collateral documents may modify this Agreement. It may not be amended
or superseded except by an agreement in writing executed by the Licensor and Argonne.
12. Either party may terminate this License on the anniversary date by giving the other party
sixty (60) days written notice in advance. No cost, expense or liability shall be due or
owing from Argonne by virtue of such termination.
13. Title to all equipment, fixtures, and other improvements installed on the Wind Forecast
Improvement Project 2 Site as part of the Meteorological Field Research Program remain
the exclusive and personal property of the U. S. Government and shall not be considered
permanent fixtures.
14. Licensor represents and warrants that it is the owner of the Site and has full right, power,
and authority to enter this License Agreement and grant to Licensee the rights hereunder.
15. Subject to Licensor approval, which approval shall not be unreasonably withheld,
Licensor may assign this License to any successor contract operator of Argonne National
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Laboratory. Any such assignee shall remain subject to and responsible for each and
every term and conditions of this Agreement throughout the License term.
16. This Agreement shall only be in full force and effect upon proper approval by the
necessary Authority of the City of Yakima, Washington.
17. The agent of the parties signing this Agreement or other documents has the authority to
sign and bind the parties.
18. This Agreement shall be governed and construed in accordance with the laws of the State
of Washington.
19. The venue for any action to enforce or interpret this Agreement shall lie in a court of
competent jurisdiction in Yakima County, Washington.
IN WITNESS WHEREOF, the parties have executed this License as of the day and year first
above written.
Licensor
CITY OF YAKIMA
By,. � di!
/ By
Y
Licensee
UCHICAGO ARGONNE LLC
(Operator of g.nne Natio fi I Laoorato
Q eAl Title Manager Title
Date
a.
CITY CONTRACT N I I®S
RESOLUTION NO:
Susan M. Underwood
Procurement Supervisor
Date August 18, 2015
Page 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.K.
For Meeting of: August 18, 2015
ITEM TITLE: Resolution authorizing a lease agreement with UChicago Argonne,
LLC, for a lease of property located south of the Yakima Air Terminal
maintenance shop for wind research and data collection equipment
SUBMITTED BY: Robert K. Peterson, Airport Manager, 509-575-6149
SUMMARY EXPLANATION:
UChicago Argonne, LLC, in conjunction with Argonne National Laboratory has presented the opportunity to
expand the nation's wind forecasting capabilities through their Wind Profiler site under the Wind Forecast
Improvement Project. Under this project, the Wind Profiler will collect wind data from the Yakima Valley so
they may further study the weather effects to better forecast winds in our local area as well as nationwide.
The proposed lease agreement will allow Argonne National Laboratories to place the Wind Profiler on airport
property where there are no obstructions as to not skew the data collected. This project will not only benefit
the nation as a whole, but also our aviation industry with improved wind forecasting data to ensure the safety
of flight can be conducted.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: 2 Year agreement
Start Date: September 1, 2015 End Date: August 31, 2017
Item Budgeted: Yes Amount:
Funding Source/Fiscal Lease will provide the Yakima Air Terminal with revenues on land which
Impact: is not developed for aeronautical uses.
Strategic Priority: NA
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Airport staff recommends the City Manager and City Council approve attached lease agreement which will
benefit our nation and aviation industry with improved wind forecasting capabilities.
ATTACHMENTS:
Description
D Resolution
• Lease Agreement
D Exhibit A
Upload Date
7/31/2015
7/30/2015
7/30/2015
Type
Coker Memo
Contract
Exhibit
Exhibit A to lease
• greement between
UChicago Argonne, LLC
and the City of Yakima
(Yakima Air Terminal -
McAllister Field)
Effective Date:
Imagery Date: 5/6/2015 46°34'21.52" N 120°33'01.91" W ele7,' 1086 ft
e..02 aIt 2038 ft
\/
---
ArgonneNATIONAL t
ORATORV
ANL -71A (October 1. 2006)
UCHICAGO ARGONNE, LLC
OPERATOR OF
ARGONNE NATIONAL LABORATORY
Bldg. 201 OCF-PRO, 9700 S. Cass Ave., Lemont, IL 60439
(CONTRACT NO DE-ACO2-06CH11357)
TO: CITY OF YAKIMA
129 N. SECOND STREET
YAKIMA, WA 98901-2613
Award No.
6A-37931
Modification No.
M0002
Date: 01/09/2017
F.O.B. TERMS.
FOB Destination
Cash Terms:
Net 30 days
Buyer/Specialist
Derrek Patton
Phone: (630)252-7054
Fax: (630)252-4517
❑ SUPPLEMENTAL AGREEMENT Suppliers
should sign below and return signed copies
to Argonne National Laboratory
® CHANGE ORDER
Signature not required. Retain
copy for future use and
information.
❑ ADMINISTRATIVE
For Informational use, retain copy
for records.
Description
Unit Price
Total
This Modification No. M0002 is issued to add additional funds in the amount of $825.00 for an extension through 08/31/2017. All other terms for this
order remain unchanged.
EXCEPT AS DETAILED HERIN ALL OTHER TERMS AND CONDITIONS AND INSTRUCTIONS OF THE ORIGINAL AWARD
AND PREVIOUS MODIFICATIONS ISSUED REMAIN UNCHANGED. Total Revised Amount Obligated Amount
PREVIOUS TOTAL TOTAL $4 805.00 $4 805.00
AMOUNT $ $3,980.00 ADDITIONS $ $825.00 DEDUCTIONS $ $0.00
Contractor
Official.
BY
IMPORTANT
copies to the Procurement
DATE ) ' i it -,---
This Award is exempt from Illinois Occupation and Use Taxes and from Manufacturers and Retailers
Federal Excise Taxes. The purchase hereunder is for the exclusive use of a nonprofit educational
organization registered with the District Director, Internal Revenue Service, Chicago, Illinois under no.
36-73-0120-F, E9936-2058-02.
SIGNED FOR THE LABORATORY
Digit. �, `'gned By:
Derr in, Procurement Specialist I DATE: 01/09/2017
0
is not , • is required to sign this document and return
ACCEPTED AND ACKNOWLEDGED
CITY CONTRACT NO: ac915--f8-?4 d.
Argonne
L A
LABOORARATL
TORY
RESOLUTION NO: R- �4-" 5"
Description
Unit Price
Total
This Modification No. M0002 is issued to add additional funds in the amount of $825.00 for an extension through 08/31/2017. All other terms for this
order remain unchanged.
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ArgonTIONAL ne
-l-
Argo
PO: 6A-37931 SCHEDULE B - Line Items
Amount changed from $3,980.00 to $4,805.00
Date changed from 03/31/2017 to 08/31/2017
Line Item 0003 was added:
Quantity Ordered : 5.
Unit of Quantity : EA
Unit Price : $165.00
Product Id Type : Service / Invoice Certification
Line Item Name : Electrical Service
Description : Electric service at a DOE Wind Forecasting Improvement Project Instrumentation site located at 3106 W. Washington Avenue, Yakima, WA for the period
of 4/1/2017 - 8/31/2017
The following Date/Time Reference references were added:
Type for this Date/Time : Required Delivery Date
Date : 03/31/2017
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