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HomeMy WebLinkAboutReso - CC - 053-1999RESOLUTION S3-iggg RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING LEASE AGREEMENT REGARDING 1775 GILBRET I ROAD WITH THE FEDERAL AVIATION ADMINISTRATION FOR INSTALLATION OF WINDSHEAR ALERT SYSTEM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the Federal Aviation Administration has requested that the City enter into a lease agreement allowing the FAA to install and maintain a windshear alert system on the site to serve San Francisco International Airport; and WHEREAS, this windshear alert system will greatly improve the safety of operations at the Airport, which in turn will make the community safer; and WHEREAS, the Planning Commission has reviewed the proposed lease and found that it is consistent with the City's General Plan pursuant to Government Code § 65402; and WHEREAS, the proposed installation has been reviewed by the FAA pursuant to the National Environmental Protection Act and is categorically exempt from the California Environmental Quality Act; and WHEREAS, the Lease Agreement is in the best interest of the public, NOW, THEREFORE, IT IS ORDERED: 1. The Lease Agreement attached hereto as Exhibit A is approved, and the City Manager is authorized to execute the Agreement for and on behalf of the City of Burlingame. 2. The City Clerk is directed to witness the Manager's signature on behalf of the City. MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 17 t day of MAY ,1999, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILN EM 3ERS: ABSENT: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY NONF FEDERAL AVIATION ADMINISTRATION LEASE Between CITY OF BURLINGAME and THE UNITED STATES OF AMERICA This Lease, made and entered into this by and between whose address is: City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 day of in the year for itself and its heirs executors administrators successors and assigns hereinafter referred to as 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. PREMISES The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz.: See Exhibit A, Sketch with Legal Description Federal Aviation Administration Page 1 Lease No.: DTFAOS-98-L-18489 Facility: SFO LLWAS NO. 8 U.S. Department BURLINGAME of Transportation CALIFORNIA LEASE Between CITY OF BURLINGAME and THE UNITED STATES OF AMERICA This Lease, made and entered into this by and between whose address is: City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 day of in the year for itself and its heirs executors administrators successors and assigns hereinafter referred to as 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. PREMISES The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz.: See Exhibit A, Sketch with Legal Description Federal Aviation Administration Page 1 Lease No.: DTFAo8-98-L-18489 (a) Together with a right-of-way for ingress to and egress from the premises; 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; and preservation of the use of the premises by the Lessor as a pumping station all rights-of-way to be over the 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 and the Lessor. (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, 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. TERM For the term beginning Jan. 1, 1999 And ending Sept. 30, 1999 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 option 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 30, 2014 AND PROVIDED FURTHER, that appropriations are available from year to year for the payment of rental. 3. CONSIDERATION The Government shall pay the Lessor rental for the premises in the amount of $500.00 per year. Payments shall be made in arrears at the end of each year without submission of invoices or vouchers. Subject to available appropriations. Payment shall be considered paid on the day a check is dated or an electronic funds transfer is made. 4. ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT Payments by the Government under this contract, may be made by check or electronic funds transfer (EFT) at the option of the Government. If payment is made by EFT, the Government Federal Aviation Administration Page 2 Lease No.: DTFA08-98-L-18489 may, at its option, also forward the associated payment information by electronic transfer. EFT refers to funds transfer and information transfer. The Government is not required to make any payment under this Lease until after receipt, by the designated payment office of the correct EFT payment information. However, until January 1, 1999, in the event the lessor certifies in writing to the payment office that the lessor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other than EFT. For any payments to be made after January 1, 1999, the Lessor shall provide EFT information. Prior to the first payment under this Lease, the lessor shall provide the information required to make Lease payment by EFT, directly to the Government payment office named in this lease. A single bank or financial agent must be designed, capable of receiving and processing the electronic funds transfer using the method below. In the event that the EFT information changes, the lessor shall be responsible for providing the changed information to the designated payment office. The Lessor shall pay all fees and charges for receipt and processing of EFTS. The Government will make payments by EFT through an Automated Clearing House (ACH). However, the Federal Reserve Wire Transfer System may be used at the Government's option. The following information is required for ACH transfers: a. Lease number to which this notice applies. b. Lessor's name and remittance address, as stated in the Lease document. c. Signature, title, and telephone number of the Lessor official authorized to provide this information. d. Name, address, and 9 -digit Routing Transit Number of the lessor's bank or financial agent- e. gente. Lessor's account number and type of account (checking, saving, or lock box). The payment office address is: DOT/FAA Contracts & Payables Branch, AWP -28 P.O. Box 92007, WPC Los Angeles, CA 90009-2007 The Lessor agrees that the Lessor's bank or financial agent may notify the Government of a change to the routing transit number, lease account number, or account type. 5. RESTORATION The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor provides written notice, prior to the date of expiration or termination, requesting restoration of the premises, the Government at i4s ap4efi shall within ninety (90) days after such expiration or termination, or within such additional time as may be Federal Aviation Administration Page 3 Lease No.: DTFA08-98-L-la489 mutually agreed upon; either; Restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding Lease (changes to the premises in accordance with paragraph 1(a), 1(b) and l(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control. exeepted) a , Z XYIN MMMM-Was 6. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to increase the height of the pumping station without the agreement of the Government; The Lessor agrees not to erect or allow to be erected any additional structure or obstruction of whatsoever kind or nature or to install or allow to be installed any electronic equipment on the site or adjacent land owned by the Lessor that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease without obtaining prior written consent from the Contracting Officer. 7. HAZARDOUS SUBSTANCE CONTAMINATION 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 Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lesalso agreesand hold the c r. " . and !eased premises not a:_eetl _A#ributable to the, insWiation ap of the Ge*efmae4s faeilities. 8. QUIET ENJOYMENT The Lessor assures the Government that it has good and valid title to the premises, and rights of ingress and egress. It further agrees to defend the Government's use and enjoyment of said premises against third party claims. 9. HOLDOVER If after the expiration of the Lease, the parties are in agreement, the Government shall retain possession of the premises, and the lease shall continue in force and effect on a month to Federal Aviation Administration Page 4 Lease No.: OTFA08-98-L-18489 month basis. Rent shall be paid monthly, in arrears on a prorated basis, at the rate paid during the Lease term. This period shall continue until the Government shall have signed a new Lease with the Lessor, acquired the property in fee or vacated the leased premises. 10. 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 arising from it. However, this clause does not apply to this Lease to the extent that this Lease is made with a corporation for the corporation's general benefit. 11. COVENANT AGAINST CONTINGENT FEES The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this Lease 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 Lease without liability or, in its discretion, to deduct from the Lease price or consideration, or otherwise recover the full amount of the contingent fee. 12. ANTI -KICKBACK The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (I) 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 or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 13. PROTEST AND DISPUTES All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filled with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this contract a dispute by the contractor against the government shall be submitted to the Contracting Officer within 1 year after the accrual of the Federal Aviation Administration Page 5 Lease No.: DTFA08-98-L-18489 contract dispute. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. 14. ASSIGNMENT OF CLAIMS Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under this Lease. 15. EXAMINATION OF RECORDS The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 years after final payment under this Lease have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this Lease. The city of Burlingame or a duly authorized representative shall have the same access to and the rights to examine any of the Government's directly pertinent books, documents, or other records involving transactions related to this Lease. 16. LESSOR'S SUCCESSORS The terms and provisions of this Lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 17. NOTICES All notices/correspondence shall be in writing, and shall be addressed as foIIows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Real Estate & Utilities Team, AWP -54B P.O. Box 92007, World Way Postal Center Federal Aviation Administration Page 6 Lease No.:DTFA08-98-L-18489 Los Angeles, CA 90009-2007 18. The following are attached and made a part hereof: Exhibit A, LL WAS Sketch with Legal Description. 19. The following changes were made in this lease prior to its execution: Paragraph 1(a) has been modified. Paragraph 2, new starting date incorporated. Paragraph 5(a), has been modified, (b) deleted. Paragraph 6, has been modified. Paragraph 7, has been modified. Paragraph 8, has been modified. Paragraph 9, has been modified. Paragraph 15, has been modified. Federal Aviation Administration Page 7 Lease No.: DTFA08-98-L-18489 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: CITY OF BURLINGAME By: Title: Date: THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Contracting Officer, Real Estate Title: & Utilities Team, AWP -54B Date: Federal Aviation Administration Page a N M r 1 1 iPiP C b £z1 1 @ Ago g IP n N 1 � F��sus RRRS .i 9^ SS�Y§ ¢ � kp � °c9.� € €€o R� g�m a R � 5 , �y xa U a pR°9 e+® yo L0P s 9 P 5' J' §§*hgg MPH e� / 4 $ do