FEDERAL AVIATION ADMINISTRATION LAND LEASE
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FEDERAL AVIATION ADMINISTRATION
LAND LEASE
U.S. Department
of Transportation
Lease No.: DTFASO-06-L-00040
Facility : VASI/Rwy. 16/34
Location : Clearwater, FI.
LEASE
Between
CITY OF CLEARWATER
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this {) If tt day of b (7/10 .6e-r
year 2005, by and between the CITY OF CLEARWATER whose address is:
, :20N~ in the
/
Marine and Aviation Department
25 Causeway Blvd.
Clearwater, Florida 33967
hereinafter referred to as the Lessor and the United States of America, hereinafter referred to as 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 located at the
Clearwater Air Park, hereinafter referred to as the premises, viz:
LEGAL DESCRIPTION - VISUAL APPROACH SLOPE INDICATOR (VASI) SITE - RWY. 16/34
VASI Area - Runwav 16
Downwind Bar:
From the Point of Start (POS), being the intersection of the threshold and the centerline of Runway
16, proceed S25013'17" E, along said centerline a distance of 175 feet to the Point of Beginning NO.1 (POB
1); thence N64046'43" E, a distance of 87.5 feet to the downwind inboard unit #1; thence N64046'43" E, a
distance of 16 feet to the downwind outboard unit #2.
Upwind Bar:
From the POS, proceed S25013'17" E along the runway centerline a distance of 675 feet to the Point
of Beginning NO.2 (POB 2); thence N64046'43" E, a distance of 87.5 feet to the upwind inboard unit #1;
thence N64046'43" E, a distance of 16 feet to the upwind outboard unit #2 as shown on Drawing
DNR5PJ0001 and hereby made a part of this agreement.
Federal Aviation Administration
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Obstruction Clearance ReQuirement
To prevent a future violation of the VASI siting criteria and to ensure that no obstruction penetrates
the clearance plane during the life of the facility, the Lessor shall maintain a 1.50 clearance plane, defined as
a plane measured from the horizontal at the downwind bar, which is 10 below the aiming angle of the
downwind bar, 100to either side of the extended runway centerline and extending outward from the downwind
bar a distance of four nautical miles.
V ASI AREA - Runwav 34
Downwind Bar:
From the Point of Start (POS), being the intersection of the displaced threshold and the centerline of
Runway 34, proceed N25013'17" W along said centerline a distance of 175 feet to the Point of Beginning No.
1 (POB 1); thence N64046'43" E, a distance of 87.5 feet to the downwind inboard unit #1; thence N64046'43"
E, a distance of 16 feet to the downwind outboard unit $2.
Upwind Bar:
From the POS, proceed N25013'17" W along the runway centerline a distance of 675 feet to the Point
of Beginning No.2 (POB 2); thence N64046'43" E, a distance of 87.5 feet to the upwind inboard unit #1;
thence N64046'43" E, a distance of 16 feet to the upwind outboard unit #2 as shown on Drawing
DNS5PJ0001 and hereby made a part of this agreement.
Obstruction Clearance ReQuirement
To prevent a future violation of the VASI siting criteria and to ensure that no obstruction penetrates
the clearance plane during the life of the facility, the Lessor shall maintain a 1.50 clearance plane, defined as
a plane measured from the horizontal at the downwind bar, which is 10 below the aiming angle of the
downwind bar, 100to either side of the extended runway centerline and extending outward from the downwind
bar a distance of four miles.
(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; 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.
(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 shall 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. (10/96)
2. TERM
To have and to hold said premises with their appurtenances for the term beginning October 1, 2005
through September 30, 2006, subject to termination and renewal rights as may be hereinafter set forth.
Federal Aviation Administration
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3.
RENEWAL
This lease may, at the option of the Government, be renewed from year to year and otherwise upon
terms and conditions herein specified. The Government's option shall be deemed exercised and the lease
renewed each year for one year unless the Government gives thirty (30) days notice that it will not exercise
its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend
the period of occupancy of the premises beyond September 30, 2025
4. CONSIDERATION
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. (Aug-02)
5. TERMINATION
The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (30)
days notice in writing to the Lessor. Said notice shall be sent by certified mail.
6. NON-RESTORATION
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. Notice of abandonment will be
conveyed by the Government to the Lessor in writing. (10/96)
7. INTERFERENCE WITH GOVERNMENT OPERATIONS
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. (10/96)
8. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES.
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. (Ref: A/C 150/5300-7B)
9. 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 or have remediated, with no
cost to the Government, any and all other hazardous substance contamination found on the leased premises.
To the extent provided by applicable federal and state laws, 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
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hazardous contamination found on the leased premises not directly attributable to the installation, operation
and/or maintenance of the Government's facilities. (10/96)
10. QUIET ENJOYMENT
The Lessor warrant 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. (10/96)
11. OFFICIALS NOT TO BENEFIT
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. (10/96)
12. COVENANT AGAINST CONTINGENT FEES
The Lessor warrant 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 from the contract price or consideration, or otherwise recover the full
amount of the contingent fee. (10/96)
13. ANTI-KICKBACK
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 or in the contract price charged by a subcontractor to a prime
Contractor or higher tier subcontractor. (10/96)
14. PROTEST AND DISPUTES
(a) All contract disputes arising under or related to this contract shall be resolved
through the Federal Aviation Administration (FAAO 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 contractor may seek review of a final
FAA decision only after its administrative remedies have been exhausted.
(b) The filing of a contract dispute with the ODRA may be accomplished by mail,
overnight delivery, hand delivery, or by facsimile. A contract dispute is considered to be filed on the date it is
received by the ODRA.
(c) Contract disputes are to be in writing and shall contain:
(1) The contractor's name, address, telephone and fax numbers and the name,
address, telephone and fax numbers of the contractor's legal representative (s) (if any) for the contract
dispute.
(2) The contract number and the name of the Contracting Officer.
(3) A detailed chronological statement of facts and of the legal grounds for the contractor's positions
regarding each element or count of the contract dispute (Le., broken down by individual claim item), citing to
relevant contract provisions and documents and attaching copies of those provisions and documents.
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. - . (4) All information establishing that the contract dispute was timely filed.
(5) A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be
specified and pertinent cost information and documentation (e.g., invoices and cancelled checks) attached,
broken down by individual claim item and summarized; and
(6) The signature of a duly authorized representative of the initiating party.
(d) Contract disputes shall be filed at the following address:
(1) 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; or
(2) other address as specified in 14 CFR Part 17.
(e) A contract dispute against the FAA shall be filed with the OORA within two (2) years of the. accrual of the
contract claim involved. A contract dispute by the FAA against a contractor (excluding contract disputes
alleging warranty issues, fraud or latent defects) likewise shall be filed within two (2) years after the accrual of
the contract claim. If an underlying contract entered into prior to the effective date of this part provides for
time limitations for filing of contract disputes with the OORA, which differ from the aforesaid two (2) year
period, the limitation periods in the contract shall control over the limitation period of this section. In no event
will either party be permitted to file with the OORA a contract dispute seeking an equitable adjustment or
other damages after the contractor has accepted final contract payment, with the exception of FAA claims
related to warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the
contractor based on warranty issues must be filed within the time specified under applicable contract warranty
provisions. Any FAA claims against the contractor based on gross mistakes amounting to fraud or latent
defects shall be filed with the OORA within two (2) years of the date on which the FAA knew or should have
known of the presence of the fraud or latent defect.
(f) A party shall serve a copy of the contract dispute upon the other party, by means reasonably calculated to
be received on the same day as the filing is to be received by the OORA.
(g) After filing the contract dispute, the contractor should seek informal resolution with the Contracting Officer.
(h) The FAA requires continued performance with respect to contract disputes arising under this contract, in
accordance with the provisions of the contract, pending a final FAA decision.
(i) The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting Officer
receives the contract dispute, or (2) the date payment otherwise would be due, if that date is later, until the
date of payment. Simple interest on contract disputes shall be paid at the rate fixed by the Secretary of the
Treasury that is applicable on the date the Contracting Officer receives the contract dispute and then at the
rate applicable for each 6-month period as fixed by the Treasury Secretary until payment is made.
m Additional information and guidance about the OORA dispute resolution process for contract disputes can
be found on the OORA Website at http://www.faa.gov.
15. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessors
administrators, successors, and assigns. (10/96)
Federal Aviation Administration
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16. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT
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The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and
subordinate to any and all recorded deeds of trust, mortgages and other security instruments now or
hereafter imposed upon the premises, so long as such subordination shall not interfere with any right of the
Government under this lease. It is mutually agreed that this subordination shall be self-operative and that no
further instrument shall be required to effect said subordination.
In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by
foreclosure of the lien or any such security instrument, or deed provided in lieu of foreclosure, the FAA will be
deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be
deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity
of estate and contract between the Government and said purchasers/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 that such transferees shall promptly provide, following such sale
or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall
promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in
ownership. (Oct-96)
17. NOTIFICATION OF CHANGE OF LAND TITLE
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 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 right. (Aug-02)
18. SPECIAL STIPULATION
The Lessor agrees that no object should penetrate a triangularly shaped plane which ends on the
first light bar and flares uniformly 100 on either side of the extended runway centerline and extends outward
from the threshold for four nautical miles.
19. This lease replaces Lease No. DOTFA85S0-13619, which expires on September 30,2005.
20. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other
address as either party may designate from time to time by notice or correspondence to the other) (10/96):
TO LESSOR: City of Clearwater
Marine & Aviation Department
25 Causeway Blvd.
Clearwater, Florida 33967
TO GOVERNMENT: Federal Aviation Administration
Real Estate Branch, ASO-56
P. O. Box 20636
Atlanta, Georgia 30320
Federal Aviation Administration
DTF ASOc06-L-00040
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IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date
above written.
CITY~LEARWATER
BY: ~ 73# ~~
(signature)
William B. Horne II
City Manager
( official Title)
/011 ~ / "2..00S-
'(dare)
UNITED STATES OF AMERICA
By ~~e~
ATTEST:
~"+L ~. · JL On ,
Cyn . a E. Goudeau, 'city Clerk
Sf. t2v/JJ Csh~ Cc),J!
(official title
0/1 If) /JLI /6,j~
(date)
CITY OF CLEARWATER
Countersigned:
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~nk v. Hibbard, Mayor
form:
Federal Aviation Administration
DTF ASO-06-L-00040
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