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HomeMy WebLinkAbout08/18/2015 05K Property Lease Agreement with UChicago Argonne, LLCnun 11,1:1141r10 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 Upload Date Type D IResgutlion 7/31/2015 Co \er Memo D Lease Agreement 7/30/2015 Contract D Exhibit A 7/30/2015 lExhilbit RESOLUTION NO. R -2015- 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: Micah Cawley, Mayor Sonya Claar Tee, City Clerk LICENSE AGREEMENT This License Agreement ("Agreement") executed this day of , 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. is, 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: Yakima Air Terminal 2406 West Washington Ave., Suite B Yakima, WA 98903 Attention: Robert Peterson, Airport Manager Phone: (509) 575-6149 e-mail: rob .peterson u,yakimaairterminal.com To the Licensee at: 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 Laboratory. Any such assignee shall remain subject to and responsible for each and Page 3 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 Title City Manager Licensee UCHICAGO ARGONNE LLC (Operator of Argonne National Laboratory) By Title Date Date Page 4 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