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Federal Aviation Administration (FAA) - MEMORANDUM OF AGREEMENT (MOA) FOR AIRPORT VASI THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION (FAA) And the CITY OF BOULDER MEMORANDUM OF AGREEMENT FAA Agreement Number DTFANM-08-L-00129 CITY OF BOULDER Agreement BOULDER MUNICIPAL AIRPORT This land agreement for FAA facilities, is made and entered into by the CITY OF BOULDER, whose address is PO Box 791, Boulder, CO 80306-0791. For itself, its successors and assigns, and the Federal Aviation Administration (FAA), whose address is 1601 Lind Avenue S.W., Renton, WA 98057 The parties listed above have entered into various Airport Improvement Grant Agreements under the Airport Improvement Program (AIP) authorized by Chapter 471 of Title 49 United States Code. As a condition to receiving these Grants, the City has agreed it will furnish, without cost, to the FAA for use in connection with any air traffic control or air navigation activities, or weather- reporting and communication activities related to air traffic control, any areas of land, as the FAA considers necessary or desirable for construction, operation, and maintenance, as coordinated, in advance, with the City. The parties listed above have entered into this agreement providing for the location, construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of air traffic control. The parties consider it desirable to work in cooperation with each other in the location, construction, installation, operation and maintenance of air navigational aids. The parties agree that the establishment, operation, and maintenance of systems and facilities 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 above referenced Airport. Both parties mutually agree as follows: OFFICIAL CENTRAL RECORDS COPY 20090422-4780 1. TERMS AND CONDITIONS The City requires FAA navigation aid facilities in order to operate the Airport and the FAA requires navigation, communication and weather aid facilities at the Airport in order to support air traffic control. In the interest of both parties, it is agreed that the State will allow, subject to conditions below, the FAA to construct, install, 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 following term: Commencing on 05/01/2009 and continuing through 09/30/2029 not to exceed twenty (20) years. So long as the requirements of Grant Assurance No. 28 are satisfied, the FAA or the City can terminate this agreement, in whole or part at any time by giving at least sixty (60) days' notice in writing to the other party. Notices will be sent by the United States mail or courier delivery service to the address provided on page No. 1 of this agreement. (a) FAA will arrange and pay for utilities used for the installation, operation and maintenance of its facilities, and for such utilities to be separately metered, unless otherwise provided and agreed to by the City. (b) Both parties will coordinate location of rights-of-way for ingress to and egress from the Premises; coordinate rights-of-way for establishing and maintaining above and below ground utility lines to the Premises; and all utilities will be reasonably routed and determined to be the most advantageous to the FAA and the City. Rights-of-way and facilities will have airspace approval, using FAA Form 7460-1, and will not interfere with Airport operations. The City will have the right to review and coordinate plans covering access and utility rights- of-way. The installation of new or relocated underground utility lines will be marked according to the federal regulations for underground lines and will be buried to a minimum depth as defined in the National Electrical Code (NEC) and the National Electrical Safety Code (NESC). The review process referenced in this paragraph is covered in 1(e) of this agreement. (c) FAA will have the right and responsibility to grade, condition, install drainage facilities, seed the soil of the Premises, and remove all obstructions from the Premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems. In advance of any construction, the City will have the right to review and coordinate plans covering work proposed as referenced in 1(e) of this agreement. (d) FAA will have the right to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport, and shall take full 2 consideration of any applicable City design standards, including comments and recommendations made by interested City divisions, subdivisions, and/or instrumentalities. The City will have the advanced right to review and coordinate plans covering work proposed, referenced in 1(e) of this agreement. (e) The FAA and State agree that the provisions of 40 U.S.C. § 3312 apply to the terms of this agreement, as to federal buildings, and clear zones, and that the standards and provisions of the statute will apply to all FAA construction projects under the terms of this agreement. The FAA recognizes that the City's primary method of receiving and communicating information and concerns about proposed FAA's construction projects on the Premises is through the City's airport building permit application and issuance process. Accordingly, the FAA agrees to submit to the City project plans and an airport building permit application at no cost for each proposed project on the Premises, including but not limited to, federal buildings. The City agrees to use its best efforts to complete its review of FAA's project plans within thirty (30) days and to signal the completion of its review by issuing a comment letter or airport building permit to the FAA. (f) The FAA will give the City not less than thirty (30) days' prior written notice by submitting an airport building permit application as described in paragraph 1(e), unless otherwise agreed to by the parties, of FAA's (or its contractors') intention to enter upon the City's property for the purpose of major maintenance, reconstruction, altering or removal of the facility, provided that normal routine maintenance is excepted from this provision, and provided further, that in any instance of sudden emergency requiring immediate action to protect the public safety, or to mitigate damage to private or public property, no prior notification to the City will be required. The FAA will notify the City of the location of the emergency and extent of work required by the most expeditious means of communication as soon as reasonably possible to do so, and the FAA will take such measures as are required to protect the health and safety of the traveling public or public facility users for the duration of such emergency operations. (g) FAA will have the right to park, without cost, government vehicles used for the maintenance and operation of the air navigational facilities. Parking may occur adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. Access to the Airport and the Premises, and parking and operations by FAA employees and contractors are to adhere to the Transportation Security Administration (TSA) Airport Security Program requirements and Section 15, "Pedestrians and Ground Vehicles," of the FAA approved Airport Certification Manual. 3 2. CONSIDERATION The FAA will pay the City no monetary consideration. It is mutually agreed that the rights extended to the FAA are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the Premises. Premises are described on the attached List of Facilities. New Premises will be described on the building permit application drawings and/or attachments. 3. PURPOSE It is understood and agreed that the use of the described Premises will be related to the FAA's activities in support of air traffic control, as referenced on page no. 1 of this agreement. 4. FAA FACILITIES The FAA facilities, including clear zones as specified by siting criteria on the Premises, are stated on the FAA "List of Facilities", attached to this agreement. The facilities are identified on the most current approved Airport Layout Plan (ALP), Land Occupancy Drawing, and/or other pertinent drawings submitted under the building permit application process, as referenced in paragraph 1(e) of this agreement, and are made part of this agreement by reference. Changes to the List of Facilities will be made by mutual modification to this agreement. In advance of any such modification, the City will have the right to review and coordinate plans covering access, facility construction or installation and utility rights of way that are affected. As-built drawings showing the modifications will be submitted to the City as described in paragraph 5 of this agreement. 5. AS-BUILT DRAWINGS/CABLE MARKINGS (a) The FAA will submit to the City a complete set of as-built drawings of all facilities constructed or installed under this agreement within ninety (90) days after completion of installation or construction of the facilities. The City, within ninety (90) days of completion of construction, will submit to the FAA as-built drawings of FAA facilities that the City has relocated under an AIR The drawings will include ties to surrey monumentation on the Airport. Monumentation acceptable to the City must be runway station monuments, Airport boundary monuments, lease lot corner monuments or survey control monuments. If acceptable monumentation is not available at the Airport when the FAA completes the installation or construction of facilities on the Premises, the FAA is not obligated to include survey ties on the as-built drawings of the facilities. 4 (b) If acceptable as-built drawings are not submitted to the City and surface markers are not installed as required by this paragraph, the FAA may not hold the City responsible for any claim or liability associated with damage to the FAA's underground facilities or to the City that occurs as a result of construction or excavation by the City or the City's lessees, permittees or contractors. 6. TITLE TO IMPROVEMENTS Title to the improvements constructed or installed for use by the FAA at this Airport during the life of this agreement shall be in the name of the FAA. 7. HAZARDOUS SUBSTANCE CONTAMINATION If the FAA has fuel storage tanks, self fuels, or otherwise handles hazardous substances on the Airport, the FAA agrees to undertake such activities in a safe and environmentally responsible manner that is in accord with all applicable federal, state, and local law. This shall include compliance with all applicable federal, state, and local law governing the training of personnel and setting forth procedures for safely storing, dispensing, and otherwise handling the fuel or hazardous substance. Upon the cancellation, expiration, or termination of this lease, the FAA agrees to remove from the Premises all tanks used for the storage of fuel or other hazardous substances. If fuel or another hazardous substance is spilled on the Airport by the FAA, or as a result of the FAA's operations or the operations of the FAA's contractors, the FAA shall immediately notify the City Department of Environmental Conservation (ADEC) and take containment and remediation actions required by applicable law. Disposal of waste or other hazardous substance on the Airport is prohibited. Any hazardous substance or waste generated in construction, operation, and maintenance of the Premises, or removal of improvements and restoration of the Premises, must be removed and disposed of in a manner that meets all applicable laws and regulations of the federal and/or City agency with jurisdiction over the activity. This may include ADEC or the United States Environmental Protection Agency. 5 8. INTERFERENCE WITH FAA OPERATIONS The City is not obligated to remove objects that are already in place on the Airport at the commencement of this agreement, if previously approved by the FAA. The City 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, as specified by siting criteria provided to the City by the FAA, interfere with the proper operation of the navigational aid facilities installed by the FAA or their associated clear zones as specified by the siting criteria, unless prior written consent is first secured from the FAA. The siting criteria will be described, under the building permit application process as referenced in paragraph 1(e) of this agrepment. A 7460-1 form, or other such document signed by FAA, will serve as FAA's concurrence for the Citys' or its Lessees' or Permittees' structures on the Airport. 9. FUNDING RESPONSIBILITY FOR FAA FACILITIES For FAA navigational aid facilities and rights of way that are listed under this agreement, the City agrees that any relocation, replacement, or modification of any existing or future FAA navigational aid facilities made necessary by City improvements or changes that interfere with the technical and/or operational characteristics of the facility, will be at-the expense of the City, which may include appropriate use by the City of AIP funds available to the City, with the exception that any such improvements or changes that are made at the request of the FAA will be at the expense of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the City or the FAA, funding responsibility will be determined by mutual agreement between the parties. 10. RESTORATION If land is no longer required, the FAA will surrender possession of the Premises to the City upon the date of expiration, or termination of this agreement. Before such expiration or termination, the FAA will, in coordination with the City, restore the Premises to as good condition as that existing at the time of the FAA's initial entry upon the Premises under this agreement or any previous agreement, lease or understanding, except for ordinary wear and tear or damage by natural elements. The FAA may also elect to offer abandonment of installed real property improvements in lieu of restoration or some combination of abandonment and restoration as determined by mutual agreement with the City, so long as determined by the FAA to be in the best interests of FAA. Such abandoned real property shall become property of the City. 6 11. NO IMPLIED OBLIGATIONS Any obligation of the FAA under this agreement that requires the expenditure or obligation of funds is subject to the availability of funds. The FAA will incur no liability under the agreement until funds that may be used for that purpose are appropriated. No provision in this agreement will be interpreted to require an expenditure of obligation in violation of the Anti-Deficiency Act, 31 U. S. C. 1341. 12. SUBLEASE AND ASSIGNMENT The FAA will not sublease, assign, nor transfer any of the rights authorized by this agreement except upon written notification to and prior written approval by the City. Any assignment must acknowledge that a new agreement between the Assignee and the City must be executed. 13. NOTICES All notices, correspondence, and modifications will be in writing, reference the agreement number, and be addressed as shown on page no. 1 of this agreement. 14. PREVIOUS LEASE(S)/AGREEMENT(S) This agreement supersedes and terminates the FAA/State lease number(s) as referenced in the below table. FAA CONTRACT FACILITY No. DTFAI 1-92-L-15048 VASI 7 15. SIGNATURES The City and the FAA agree to the provisions outlined in this agreement as indicated by the signatures below of their duly authorized representative(s). This agreement is effective upon the date of signature by the last party. City of Boulder, Colorado United States of America DEPARTMENT OF FEDERAL AVIATION ADMINISTRATION By~j,,`c7- 0 By: Jane S. Brautigam, City Manager Attest Title: Date: -~A 2 City Clerk on beha of the Director of Finance and Rec Approved as to form: I::> :Z4$ City Attorney Date: - 8 Dated: 02/25/2009 List of Facilities MEMORANDUM OF AGREEMENT, DTFANM-08-L-00129 City of Boulder Boulder Municipal Airport GSA Number Facility RWY Number Control Comments Number 1 VASI RM 26 08326 9