HomeMy WebLinkAbout09/06/2016 06D Property Lease Agreement with the US Department of Transportation Federal Aviation Administration yrt
xs 1
s. n.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.D.
For Meeting of: September 6, 2016
ITEM TITLE: Resolution authorizing a lease agreement with the US Department
of Transportation Federal Aviation Administration for a lease of
property for aeronautical navigation equipment and to provide Air
Traffic Control services
SUBMITTED BY: Robert K. Peterson, Airport Manager, 509 - 575 -6149
SUMMARY EXPLANATION:
The Federal Aviation Administration (FAA) in conjunction with the Yakima Air Terminal currently
has a land lease agreement to provide the aviation industry with aeronautical navigation
equipment and Air Traffic Control services. Recently, the FAA relocated and updated key
navigation equipment in order to meet safety standards. This change requires the present lease
agreement be replaced to reflect the updated aeronautical navigation equipment.
ITEM BUDGETED: NA
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD /COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
CI Resolution 8129/2016 Resolution
ATCTlease 8/3112016 Co Memo
0 operation agreement 8/31/2016 C ∎er Memo
Di MOA 8131 ?2016 Coeer Memo
RESOLUTION NO. R -2016-
A RESOLUTION authorizing the City Manager to execute a lease agreement with the United
States Department of Transportation Federal Aviation Administration for a lease
of property for aeronautical navigation equipment and to provide Air Traffic
Control services.
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-
31001, located immediately northeast and adjacent to the main terminal located at 2300 W.
Washington Ave; and
WHEREAS, the City of Yakima and the United States Department of Transportation Federal
Aviation Administration, have negotiated terms to lease a portion of said parcel to United States
Department of Transportation Federal Aviation Administration, which lease includes a license to occupy
land for the purposes of providing the aviation industry with aeronautical navigation equipment and Air
Traffic Control services, all terms and conditions of which are set forth in the "Land Lease on Airport"
attached hereto 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 lease agreement with United States Department of Transportation Federal Aviation
Administration, for a land lease of Yakima Air Terminal property to be used for providing aeronautical
navigation equipment and Air Traffic Control services, which lease agreement is attached hereto and
incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 6th day of September, 2016.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
LAND LEASE ON AIRPORT
Lease No: DTFAWN -16 -L -00112
Yakima, WA
THIS LEASE is hereby entered into by the City of Yakima whose address is 129 N
Second Street, Yakima, WA 98901 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 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:
LAND FOR THE AIR TRAFFIC CONTROL TOWER (ATCT):
A PLOT OF GROUND DESCRIBED BY BEGINNING AT THE EAST 1 /4 CORNER
OF SECTION 35, T13N, R18E, WILLAMETTE MERIDIAN; THENCE WEST,
1891.81 FEET; THENCE SOUTH, 49.96 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH, 45.0 FEET TO A POINT; THENCE WEST 150.0
FEET TO A POINT; THENCE NORTH 45.0 FEET TO A POINT; THENCE EAST
150.0 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS
0.155 ACRES, MORE OR LESS. ALL BEARINGS ARE TRUE.
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.
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 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.
1.3.1 Land On an Airport
Revised January 2014
OMB Control No. 2120 -0595 Pg. 1
2. TERMS AND CONDITIONS (JUL -10):
It is mutually understood and agreed that the Airport requires an FAA Air Traffic Control
Tower (ATCT) in order to operate their business and that the FAA requires an ATCT
facility at the Airport in order to support Air Traffic Operations. Thus, in the interest of
both parties it is hereby agreed that the Airport will allow the FAA to lease or construct,
operate, and maintain FAA ATCT facility in areas on the Airport that have been mutually
determined and agreed upon for the term commencing on October 1, 2016 and continuing
through September 30, 2036. The FAA can terminate this agreement, in whole or part at
any time by giving at least (60) days' notice in writing. Said notice shall be sent by
certified or registered mail.
3. 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.
4. INTERFERENCE WITH GOVERNMENT OPERATIONS (OCT -96):
The Lessor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that
may interfere with the proper operation of the facilities installed by the Government
under the terms of this Lease unless consent hereto shall first be secured from the
Government in writing.
5. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES (OCT -96):
The Lessor agrees that any relocation, replacement, or modification of any existing or
future Government facilities covered by this Lease during its term or any renewal thereof
made necessary by airport improvements or changes which in the Government's opinion
interfere with the technical and /or operational characteristics of the Government facilities
will be at the expense of the Lessor, except when such improvements or changes are
made at the written request of the Government. In the event such relocation's,
replacements, or modifications are necessitated due to causes not attributable to either the
Lessor or the Government, funding responsibility shall be determined by the
Government.
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. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (JAN -14):
A. Lessor warrants that it holds such title to or other interest in the premises and other
property as is necessary to the Government's access to the premises and full use and
enjoyment thereof in accordance with the provisions of this lease. Government agrees, in
consideration of the warranties and conditions set forth in this clause, that this lease is
1.3.1 Land On an Airport
Revised January 2014
OMB Control No. 2120 -0595 Pg. 2
subject and subordinate to any and all recorded mortgages, deeds of trust and other liens
now or hereafter existing or imposed upon the premises, and to any renewal, modification
or extension thereof. It is the intention of the parties that this provision shall be self -
operative and that no further instrument shall be required to effect the present or
subsequent subordination of this lease. Government agrees, however, within twenty (20)
business days next following the Contracting Officer's receipt of a written demand, to
execute such instruments as Lessor may reasonably request to evidence further the
subordination of this lease to any existing or future mortgage, deed of trust or other
security interest pertaining to the premises, and to any water, sewer or access easement
necessary or desirable to serve the premises or adjoining property owned in whole or in
part by Lessor if such easement does not interfere with the full enjoyment of any right
granted the Government under this lease.
B. No such subordination, to either existing or future mortgages, deeds of trust or
other lien or security instrument shall operate to affect adversely any right of the
Government under this lease so long as the Government is not in default under this lease.
Lessor will include in any future mortgage, deed of trust or other security instrument to
which this lease becomes subordinate, or in a separate non - disturbance agreement, a
provision to the foregoing effect. Lessor warrants that the holders of all notes or other
obligations secured by existing mortgages, deeds of trust or other security instruments
have consented to the provisions of this clause, and agrees to provide true copies of all
such consents to the Contracting Officer promptly upon demand.
C. In the event of any sale of the premises or any portion thereof by foreclosure of the
lien of any such mortgage, deed of trust or other security instrument, or the giving of a
deed in lieu of foreclosure, the Government will be deemed to have attorned to any
purchaser, purchasers, transferee or transferees of the premises or any portion thereof and
its or their successors and assigns, and any such purchasers and transferees will be
deemed to have assumed all obligations of the Lessor under this lease, so as to establish
direct privity of estate and contract between Government and such purchasers or
transferees, with the same force, effect and relative priority in time and right as if the
lease had initially been entered into between such purchasers or transferees and the
Government; provided, further, that the Contracting Officer and such purchasers or
transferees shall, with reasonable promptness following any such sale or deed delivery in
lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be
necessary to document the foregoing relationship.
D. None of the foregoing provisions may be deemed or construed to imply a waiver of
the Government's rights as a sovereign.
8. NOTIFICATION OF CHANGE OF 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 immediately notify the Government, in writing, of any such transfer or conveyance
affecting the demised premises within 30 calendar days after completion of the "change
1.3.1 Land On an Airport
Revised January 2014
OMB Control No. 2120 -0595 Pg. 3
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.
9. NOTICES (OCT -96):
All notices /correspondence shall be in writing, reference the lease number, and be
addressed as follows:
TO LESSOR: Yakima Air Terminal/McAllister Field
2406 West Washington Ave, Suite B
Yakima, WA 98903
Insert full name and address of party authorized to receive notices /correspondence
TO GOVERNMENT: Federal Aviation Administration
Real Estate & Utilities Group, ALO -820
1601 Lind Ave SW
Renton, WA 98057
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
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.
The full text of the Contract Dispute clause is incorporated by reference. Upon request
the full text will be provided by the RECO.
11. PROTEST (NOV -03)
A. Protests concerning Federal Aviation Administration Screening Information
1.3.1 Land On an Airport
Revised January 2014
OMB Control No. 2120 -0595 Pg. 4
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
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).
D. 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.
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
(1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting,
accepting, or attempting to accept any kickback; or (3) 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. 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
1.3.1 Land On an Airport
Revised January 2014
OMB Control No. 2120 -0595 Pg. 5
from the contract price or consideration, or otherwise recover the full amount of the
contingent fee.
14. 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.
15. NON - RESTORATION (OCT -96):
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. Such abandoned
equipment shall become the property of the Lessor.
16. HAZARDOUS SUBSTANCE CONTAMINATION (MAY -00):
The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of
the installation, operation, and /or maintenance of the ATCT facility. The Lessor agrees to
remediate at its sole cost, any and all other hazardous substance contamination found on
the leased premises. The Lessor also agrees to save and hold the Government harmless
for any and all costs, liabilities and /or claims by third parties that arise out of hazardous
contamination found on the leased premises not directly attributable to the installation,
operation and /or maintenance of the ATCT facility.
17. ATTACHMENT(S):
Attachment A — Operating Agreement for Air Traffic Control Tower
1.3.1 Land On an Airport
Revised January 2014
OMB Control No. 2120 -0595 Pg. 6
18. SIGNATURE BLOCK (AUG -02):
IN WITNESS WHEREOF, the parties hereto have signed their names:
LESSOR:
Date:
(Signature)
(Official Title)
UNITED STATES OF AMERICA:
Date:
(Signature)
Real Estate Contracting Officer
(Official Title)
1.3.1 Land On an Airport
Revised January 2014
OMB Control No. 2120 -0595 Pg. 7
ATCT Lease No.: DTFAWN -16 -L -00112
Attachment: "A"
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
OPERATION AGREEMENT FOR AIRPORT TRAFFIC CONTROL TOWER
I. THIS AGREEMENT is hereby attached to and made a part of ATCT Lease # DTFAWN-
16-L- 001122, by and between the United States of America, acting by and through the Federal
Aviation Administration, hereinafter called the Government and the City of Yakima, operating
its airport known as Yakima Air Terminal/McAllister Field, located at 2406 West Washington
Ave, Yakima, WA 98903 hereinafter called the Airport. This Agreement shall be executed by the
parties hereto independently of said ATCT Lease to which it is a part.
II. WHEREAS, an Airport Traffic Control Tower (ATCT) will be or has been erected on
the plot described in the ATCT Lease by and at the expense of the Government; and
III. WHEREAS, it is in the public interest that the above described ATCT be operated by the
Government, subject to the availability of funds, in accordance with standards established by the
Government;
IV. NOW, THEREFORE, the Airport agrees to the following conditions:
1. The Airport shall, at no expense to the Government be responsible for the proper
and continued functioning of any locally installed lights or other device installed or caused to be
installed by the airport and placed under the Government's control.
2. The Airport shall be responsible for the proper and continued functioning of
allairport installed or caused to be installed equipment and devices which the Government
determines are necessary for air traffic control, but which cannot be placed in operation or
controlled from said Tower, or are not otherwise operated by or under the control of the
Government.
3. The Airport shall promptly advise the Government's duly authorized
representative(s) in said Tower of any conditions which render all, or any, area(s) of the Airport
unsafe for normal utilization by aircraft and will, upon demand, appropriately mark any such
area(s) in a manner approved by the Government which properly indicates the existing
condition(s); the Lessor shall promptly give notice to the Government's Tower representative(s)
prior to the time any maintenance or construction is begun on the airport landing area unless such
action is in accordance with a schedule which has been previously coordinated with the said
1.3.3.2 Operation Agreement for Airport Traffic Control Tower Site Lease
July 2010
OMB Control No. 2120 -0595 Pg. 1
Tower; said notice shall be given not less than thirty (30) days prior to the scheduled date from
beginning the first item of construction and /or maintenance on the schedule. If emergency
situations exist, then the airport shall advise the Government's duly authorized representative(s)
as soon as possible of any conditions which render all, or any, area(s) of the Airport unsafe for
normal utilization by aircraft and will, upon demand, appropriately mark any such area(s) in a
manner approved by the Government which properly indicates the existing condition(s).
4. The Government shall have absolute control of the operation of said Tower and its
associated facilities at all times and shall not be subject to direction from the Airport in this
regard. In accordance with and subject to the conditions, limitations and exceptions set forth in
the Federal Tort Claims Act of 1948, as amended (28 U.S.C. 2671, et., seq.), hereafter termed
"The Act," the government will be liable to persons damaged by any personal injury, death or
injury to or loss of property, which is caused by a negligent or wrongful act or omission of any
employees of the Government while acting within the scope of his office or employment under
the same circumstances where a private person would be liable in accordance with the law of the
place where the Act or omission occurred. The foregoing shall not be deemed to extend the
Government's liability beyond that existing under the Act at the time of such act or omission or
to preclude the Government from using any defense available in law or equity.
5. The Airport, upon request from the Government, agrees to provide two -way
ground control communication equipment in its maintenance and emergency vehicles scheduled
to regularly operate in the airport landing area, and such equipment shall be capable of
maintaining radio communications with the Government's Tower (ATCT) on said Airport.
6. The Airport, agrees to pay (and the Government shall not pay any part of such
costs other than those provided by any existing Federal Aid to Airports Programs) for the
relocation of said Tower and its associated facilities if such relocation is made necessary by
Airport improvement or changes which impair the technical and /or operational characteristics of
said Tower and its associated facilities.
7. The Airport shall, as a protection to the proper operation of the ATCT by the
Government, prohibit and refrain from the erection or construction of any structures or
improvements which may interfere with the visibility of the Air Traffic Controllers' line of sight
to all traffic patterns, approaches, runways, taxiways, operational portions of the aprons and
other operational areas necessary for the control of ground and air traffic.
8. In accordance with the provisions of clause 2 of the ATCT Land Lease On Airport
Agreement, the Government shall have the right and privilege to maintain the ATCT on the
airport premises and to install and maintain antennas and antenna wires and appurtenances for
Air Traffic operating facilities at the ATCT site and other locations on the airport where deemed
necessary, together with the right to install, operate and maintain necessary connecting cables
and wires where needed to perform the necessary linking of facilities. The Government shall
have the right to install, operate and maintain such cables, conduits and wiring necessary to link
and connect its facilities located on airport property;
1.3.3.2 Operation Agreement for Airport Traffic Control Tower Site Lease
July 2010
OMB Control No. 2120 -0595 Pg. 2
IN WITNESS WHEREOF, the parties hereto have subscribed their names hereunder as of the
of , 2016.
CITY OF YAKIMA THE UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By By
Title Title
Date: Date:
1.3.3.2 Operation Agreement for Airport Traffic Control Tower Site Lease
July 2010
OMB Control No. 2120 -0595 Pg. 3
NO COST LAND ON AIRPORT MEMORANDUM OF AGREEMENT
MOA No: DTFAWN -16 -L -00101
Yakima, WA
This agreement is made and entered into by the City of Yakima (Yakima Air
Terminal/McAllister Field), hereinafter referred to as Airport, 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 Yakima Air
Terminal/McAllister Field.
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS (Jan 12):
It is mutually understood and agreed that the Airport requires FAA navigation aid
facilities in order to operate their business and that the FAA requires navigation,
communication and weather aid facilities at the Airport in order to support Air Traffic
Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will
allow the FAA to construct, operate, and maintain FAA owned navigation,
communication and weather aid facilities in areas on the Airport that have been mutually
determined and agreed upon for the term commencing on October 1, 2016 and continuing
through September 30, 2036. The FAA can terminate this agreement, in whole or part at
any time by giving at least (60) day's notice in writing. Said notice shall be sent by
certified or registered mail.
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
1.3.3 No Cost Land on an Airport Memorandum of Agreement
Revised January 2012
OMB Control No. 2120 -0595 Pg. 1
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
rights -of -way to be over the area referred to as Yakima Air Terminal/McAllister Field, to
be routed reasonably determined to be the most convenient to the FAA and as not to
interfere with Airport operations. The Airport shall have the right to review and
comment on plans covering access and utility rights -of -way under this paragraph.
B. And the right to grading, conditioning, and installing drainage facilities,
seeding the soil of the premises, and removing all obstructions from the premises which
may constitute a hindrance to the establishment and maintenance of navigational aid
systems. The Airport 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 Airport 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 Airport no monetary consideration, it being 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 -05):
It is understood and agreed that the use of the herein described premises, known as
Yakima Air Terminal/McAllister Field, shall be related to the FAA's activities in support
of Air Traffic operations.
4. FAA FACILITIES (Apr -05)
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 -05):
1.3.3 No Cost Land on an Airport Memorandum of Agreement
Revised January 2012
OMB Control No. 2120 -0595 Pg. 2
Title to the improvements constructed for use by the FAA during the life of this
agreement shall be in the name of the FAA.
6. HAZARDOUS SUBSTANCE CONTAMINATION (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 Airport agrees to remediate or have remediated at its sole cost, any
and all other hazardous substance contamination found on the FAA facility premises.
The Airport also agrees to save and hold the U. S. Government harmless for any and all
costs, 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 Airport 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 Airport 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 Airport, 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 Airport 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 Airport.
1.3.3 No Cost Land on an Airport Memorandum of Agreement
Revised January 2012
OMB Control No. 2120 -0595 Pg. 3
10. NOTICES (Oct -96):
All notices /correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
AIRPORT:
Yakima Air Terminal
2406 W Washington Ave, Suite B
Yakima, WA 98903
FEDERAL AVIATION ADMINISTRATION:
Federal Aviation Administration
Real Estate & Utilities Group, ALO -820
1601 Lind Ave SW
Renton, WA 98057
11. Previous Lease(s) /Agreement(s)
This agreement supersedes Land Lease number DTFA11 -92 -L- 15063. Master Ground
Lease DTFA11 -92 -L -15063 is hereby terminated.
12. The following clauses are incorporated by reference: The full text of these clauses
can be found via Internet 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)
1.3.3 No Cost Land on an Airport Memorandum of Agreement
Revised January 2012
OMB Control No. 2120 -0595 Pg. 4
13. SIGNATURES (Apr -04):
The Airport and the FAA hereby agree to the provisions outlined in this agreement as
indicated by the signatures herein below of their duly authorized representative (s). This
agreement is effective upon the date of signature by the last party thereof.
CITY OF YAKIMA UNITED STATES OF AMERICA,
FEDERAL AVIATION ADMINISTRATION
By: By:
Title: Title:
Date: Date:
1.3.3 No Cost Land on an Airport Memorandum of Agreement
Revised January 2012
OMB Control No. 2120 -0595 Pg. 5
Dated October 1, 2016
List of Facilities
MEMORANDUM OF AGREEMENT
DTFAWN -16 -L -00101
YAKIMA AIR TERMINAL/MCALLISTER FIELD
R/W GSA Control
Number ! Facility Number Number Comments
Co- located with YKM- ATCRB.
1 YKM -ASR - 53400 Facility's Equipment house in
YKM- NASEB.
{
Co- located with YKM -ASR.
2 YKM -ATCRB - - Facility's Equipment house in
YKM- NASEB.
3 YKM -GS 27 53197 Facility's Equipment house in
YKMC- NASEB.
4 YKM -LOC 27 53196 Facility's Equipment house in
YKMD- NASEB.
Facility's Equipment house in
5 YKM -MALSR 27 53202 YKMG- NASEB.
6 YKM-REIL 09 53471 Facility's Equipment housed in
YKMD- NASEB.
7 YKM -RVR 27 53336 Facility's Equipment housed in
YKM -ATCT.
8 YKM-VASI 09 53209
Facility's Equipment housed in
9 YKM -WEF YKM -ATCT.
Co- located with YKMZ -RTR.
10 YKMY -RTR - - Facility's Equipment housed in
YKM -ATCT.
Co- located with YKMY -RTR.
11 YKMZ -RTR - - Facility's Equipment housed in
YKM -ATCT.
*Notation: For applicable restrictive easement, clear zone, and /or obstruction criteria for
facilities listed above, see referenced FAA Order(s) listed below:
1.3.3 No Cost Land on an Airport Memorandum of Agreement
Revised January 2012
OMB Control No. 2120 -0595 Pg. 6
FAA Order 6750.16E, Siting Criteria for Instrument Landing Systems (ILS)
FAA Order JO 6850.2B, Visual Guidance Lighting Systems
FAA Order 6820.10, Siting Criteria for VOR, VOR/DME, and VORTAC
FAA Order 6560.20B, Siting Criteria for AWOS /ASOS
FAA Order 6310.6, Siting Handbook for Primary /Secondary Terminal Radar
1.3.3 No Cost Land on an Airport Memorandum of Agreement
Revised January 2012
OMB Control No. 2120 -0595 Pg. 7