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HomeMy WebLinkAboutC03-295 FAA Lease No. DTFANM-03-L-01175V~ ~ • • • FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY LEASE NUIVIBER DTFANM-03-L-01175 Date of Lease: /9~ -',o?®° ®~ Eagle, Colorado Equipment Space in ATCT 1. THIS LEASE (9/98), entered into by and between Eagle County Colorado whose interest in the property hereinafter descnbed is that of owner, hereby referred to as LESSOR, and the United States of America, hereinafter referred to as the GOVERNMENT OR FAA: WITNESSETH: The Parkes hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION (10/96) -The Lessor hereby leases to the GOVERNMENT the following described premises located in the Eagle County Air Traffic Control Tower: 1~ foor -space within the Telephone Equipment Room with access to dmarc and 4' x 4' backboazd for use by FAA. 4ei floor - 125 squaze feet of space for FAA equipment and electrical subpanels for FAA use. 5~h floor -125 square feet of space for FAA equipment and electrical subpanels for FAA use. Space on ATCT roof top for four (4) antennas at least 8 feet apart. Together with the right fo connect to building grounding and electrical panels by routes reasonably • determined by to be most convenient to the Govemment, with approval, not unreasonably withheld, by the Lessor. 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 Govermment, with prior approval, not unreasonably withheld, by the Lessor. 3. TERM (1/Ol) - To have and to hold, for the term commencing on October 1, 2003 and continuing through September 30, 2013 inclusive. 4. CANCELLATION (8/02) -The GOVERNMENT or the LESSSOR may terminate this lease at any time, in whole or in part, by giving at least ninety (90) days notice in writing to the Lessor or Government. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. CONSIDERATION -The Govemment shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein aze in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. r~ L Page 1 of 7 U • The Govemment shall pay the Lessor aone-time payment not to exceed $10,000 for the construction of • walls, doors, HVAC system, electrical and data service required to provide a secure and climatically controlled environment by the Government for its equipment. 6. SERVICES AND UTILITIES (To be provided by Lessor as part of consideration. Services shall be Building Standazd, unless level of service is prescnbed elsewhere in the lease.) (10/96) Services supplied to technical equipment shall be supplied 24 hours a day, and seven days a week. The GOVERNMENT shall have access to the leased premises at all times, including the use of electrical services, toilets, lights, elevators, without additional payment. ^ HEAT ^ ELECTRICITY ^ ELECTRICAL SUBPANELS ON THE 4'~ AND Sm FLOORS ^ SPECIAL POWER -NOTED BELOW ^ TRASH REMOVAL ^ HVAC ^ INITIAL, TUBES, & BALLASTS (FAA WILL BE RESPONSIBLE FOR REPLACEMENT LAMPS, TUBES & BALLASTS) 7. GENERAL CLAUSES: A. INSPECTION (10/96) -The GOVERNMENT reserves the right, at anytime after the lease is signed and during the term of the lease, to inspect the leased premises and all other azeas of the • building to which access is necessary to ensure a safe and healthy work environment for the GOVERNMENT tenants and the Lessor's performance under this lease. The GOVERNMENT shall have the right to perform sampling of suspected hazardous conditions. B. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazazdous conditions aze found to exist so that the leased premises is untenantable as determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no finther rental will be due. C. MAINTENANCE OF THE PREMISES (10/96) -The Lessor shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. D. FAILURE IN PERFORMANCE (10/96) - In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute default by the GOVERNMENT on this lease. E. DEFAULT BY LESSOR (10/96) - (1) Each of the following shall constitute a default by Lessor under this lease: (a) If the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the GOVERNMENT with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate or service the premises as and when specified in this • lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Real Estate Contracting Officer, following Lessor's receipt of written notice thereof from the Real Estate Contracting Page 2 of 7 • • Officer. (c) Repeated failure by the Lessor to comply with one or more requirements of this lease • shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. (2) If default occurs, the GOVERNMENT may, by written notice to the Lessor, terminate the lease in whole or in part. F. COMPLIANCE WITH APPLICABLE LAWS (10/96) -The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or lessor, or both, of building or premises, including, without limitafion, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similaz items at Lessor's expense. This lease shall be governed by applicable Federal law. G. DELIVERY AND CONDITION (10/96) -Unless the GOVERNMENT elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit. The GOVERNMENT reserves the right to determine when the space is ready to occupy. H. ALTERATIONS (10/96) -The GOVERNMENT may request from the Lessor, during the existence of this lease, to make alterations, attach fixtures, and erect structuues or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remains the property of the GOVERNMENT and may be removed or otherwise disposed of by the GOVERNMENT subject to the Lessor's approval not to be unreasonably withheld. The Parties hereto mutually agreed and understood, that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that the GOVERNMENT shall have the option of abandoning alterations in place, when terminating the lease, at no additional cost. • I. OFFICIALS NOT TO BENEFIT (10/96) - No member of or delegate to Congress, or resident commissioner, shall be admitted to any shaze 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. COVENANT AGAINST CONTINGENT FEES (8/02) -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 from the contract price or consideration, or otherwise recover the full amount of the contingent fee. K. ANTI-KICKBACK (10/96) -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 chazged by a prime Contractor to the United States or in the contract price chazged by a subcontractor to a prime Contractor or higher tier subcontractor. L. PROTEST AND DISPUTES (10/96) -All contract disputes arising under or related to this contract or protests concerning awazds 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 Lessor or Offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendaz days of the date that the protester was awaze, or should reasonably have been . awaze, of the agency action or inaction, which forms the basis of the protest. Unless otherwise stated in this contract, a contract dispute by the Lessor against the GOVERNMENT shall be Page 3 of 7 • • submitted to the Real Estate Contracting Officer within 1 year after the accrual of the contract • dispute. The Real Estate Contracting Officer, upon request will provide information relating to submitting a protest or dispute. M. SUBORDINATION, NONDISTRUBANCE AND ATTORNMENT (10/9 -The GOVERNMENT agrees, inconsideration 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 subornation shall not interfere with any right of the GOVERNMENT under this lease. The Parties hereto 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 of any such security instrument, or deed provided in lieu of foreclosure, the GOVERNMENT 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. N. LESSOR'S SUCCESSORS (10/9[7 -The terms and provisions of this lease and the conditions 'herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. O. AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/9 -The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. 8. ATTACHIVIENTS (8/02) - ~ See herein attached -Attachment A IN WITNESS WHEREOF, the parties hereto have signed their nark _ 9a. NAME AND TITLE OF OWNER (Type or 9b. SIGNATURE OF OWNER Print) Eagle County, State of Colorado w by and through its Board of County ~ Commissioners by Michael L. Gallaghe ~~~ ~ J~ Chairman /) ~_>jql THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER DATE /~ - ~- ~~ OF AMERICA UNLESS • Page 4 of 7 • 10a. NAME OF REAL ESTATE CONTRACTING OFFICER (Type or Pant) DEBORAH L.CHRISTIN • lOb. SIGNATURE OF REAL ESTATE C CTING OFFI a ~~~ lOc. DATE ~ ~ - ~~ P~~ (10/9 Page 5 of 7 .' • ATTACffiV[I/NT A Lease Number DTFANM-03-L-01175 I. SECTION A -GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS Al -Doors and Locks The FAA will be famished at least two master keys and two keys for each lock. Interior doors must be solid cord and at least 32 by 80 inches with a minimum opening of 32 inches and be of sturdy construction Fire doors shall conform with local codes. As designated by the FAA, doors shall be equipped with non- removable hinge pins, and "Best" locks with 7-pin removable cores. The FAA shall provide cores. II. SECTION B -SERVICES, UTILITIES, AND MAINTENANCE B1-Pest Control (8/02 The Lessor shall exterminate and control pests within the premises. Notice shall be provided to the users of the building before any application of herbicide(s)/pesticide(s) or other chemical pest control. OSHA requirements for Hazard Communication shall apply for the use of hazardous materials used in pest control Copies of Material Safety Data Sheets (MSDS) for all chemicals applied shall be provided to the FAA • before application Only licensed applicators shall be allowed to apply chemicals. HerbiCides/pesticides are not to be applied near the outside air intakes of the building during normal working hours and when the system is in operation B2-Services and Facilities (10/96) The Lessor shall provide to the Government, as part of the rental consideration, the following: -Heating, air conditioning, and ventilation. - Electrical power to the premises for the operation of lights, communications equipment, and office machines. - Water (hot and cold) and sewer to leased premises. -Trash removal for leased premises. III. SECTION C -SAFETY AND FIRE PREVENTION Cl-Halon (8/02 Wherever halon is used in a facility as a Sre extinguishing system, the Lessor shall comply with all NFPA standards regarding use of and safety requirements for the use of halon • Page 6 of 7 n 1 • IV. SECTION D - NIISCELLANEOUS D1 -Hold Harmiess (10/961 In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 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 an employee of the Government while acting within the scope of his office or employment under circ~a+ances 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 Govennment from using any defense available in law or equity. D2-Installation Of Antennas. Cables And Other Appurtenances (10/961 The FAA shall have the right to install, operate and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Government, with Lessor's approval not to be unreasonably withheld. D3 -Non-Restoration (10/96) The FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the FAA may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by'the FAA during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. D4-Unauthorized Ne og tinting (10/96) In no event shall the Lessor enter into negotiations concerning the space leased or to be leased with other than the real estate contracting officer or his designee. DS-Wiring For Telephones 10/96? The Government reserves the right to provide its own telephone service in the space to be leased. It may have inside wiring and telephone equipment installed by the local telephone company or a private contractor. Alternately, the FAA may wish to consider using inside wiring provided by the building, if available. However, the final decision will remain the Government. V. SECTION E - SECURITY REQUIREMENTS Access to FAA leased space shall be limited to only FAA and/or its contractors. Access to the 1 ~` floor telephone equipment room, 4'~ and Sm floors shall be secured at all times. Any other persons requiring access to the FAA leased spaces must have prior written permission from the Rocky Mountain System Management Office (SMO), 1625 South Fordham Street, Suite 400, Longmont, Colorado 80503, attention Gary Mattson, Manager at (303) 684-5000, except in a situation of fire or life safety. • Page 7 of 7