HomeMy WebLinkAboutAirports Department and Department of Public Utilities Interdepartmental MOU Regarding Use of Well Sites-(ó
C_'ó,u'Ézo
ulA(f .9ÈEu-Oor)
!lEoO O CITY OF FRESNOÈı INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING
REGARDING THE USE OF WELL SITES
Between
AIRPORTS DEPARTMENT
And
DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
This INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING ("Agreement")
is entered into this day of , 2014, by and between the Airports
Department, hereinafter referred to as "Airports" and the Department of Public Utilities, Water
Division, hereinafter referred to as "DPU," both of which are departments of the City of Fresno, a
m unicipal corporation.
RECITALS
WHEREAS, City of Fresno owns airport enterprise property well sites, that is identified
on the Federal Aviation Administration approved Airport Layout Plan and more specifically
located at the following addresses: Pump Station 80 (3903 N. Winery Avenue, Fresno, CA);
Pump Station 306 (3798 N. Peach Avenue, Fresno, CA); Pump Station 0084 (5551 E. Westover
Avenue, Fresno, CA); Pump Station 113 (N. WalkerAvenue, Fresno, CA); Pump Station 063
(4991 E. McKinley Avenue, Fresno, CA); Pump Station 23OA (4820 and 4826 East Shields
Ave.) and Pump Station 27A (105 W. Chandler), hereinafter referred to as the "Use Area"; and
WHEREAS, the parties desire that DPU continue using the Use Area for the purpose of
operating and maintenance of municipalwell sites and for storage of related equipment; and
WHEREAS, the Use Area may be used for non-aeronautical purposes upon terms and
conditions consistent with federal regulatory policy requirements including but not limited to the
FederalAviation Administration ("F44") Grant Assurances attached to this Agreement as Exhibit
"8" and incorporated herein; and
WHEREAS, the parties desire that this Agreement shall supersede and terminate all
other existing agreements having to do with the Use Areas listed above; and
WHEREAS, FAA policy requires the payment of fair market value rent for the non-
Aeronautical use of airport property including the Use Area by DPU; and
WHEREAS, lt is not the intent of Airports and DPU to create any new restrictions or new
regulations applicable to the City of Fresno by the creation of this Agreement but rather to
establish guidelines for how the Use Area is utilized and to establish a rental agreement in
compliance with Federal Regulations.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
set forth below, the parties have entered into this Agreement to establish the terms and
conditions pursuant to which DPU shall have a non-exclusive, non-transferable use of the Use
Area, all as follows:
ARTICLE I
DESCRIPTION OF USE AREA
The Use Area consists of the following locations: Pump Station 80 (3903 N. Winery
Avenue, Fresno, CA) 16,329 square feet; Pump Station 306 (3798 N. Peach Avenue, Fresno,
CA) 13,357 square feet; Pump Station 0084 (5551 E. Westover Avenue, Fresno, CA) 2,398
square feet; Pump Station 113 (N. Walker Avenue, Fresno, CA) 5,901 square feet; Pump
Station 063 (4991 E. McKinley Avenue, Fresno, CA) 566 square feet; Pump Station 2304 (4820
and 4826 East Shields Ave.) 16,918 square feet and Pump Station 27A (105 W. Chandler)
J:\FYl\Tenant Files\DPU - VVell Sites\Legal\DPU-AIRPORTS N40U - MJell Sites V2 Final (1-9-2014) docx Page 2 of 12
1,638 square feet, as depicted in Exhibit "4", exhibit is attached hereto and made a part hereof.
DPU shall accept the Use Area in an "as is" condition.
ARTICLE II
PERMITTED USES
DPU shall use the Use Area only for the operation and maintenance of municipal water
wells in connection with DPU's operational requirement and for no other purpose whatsoever.
ARTICLE III
GENERAL PROVISIONS CONCERNING THE MANNER OF USE
The following general provisions shall be applicable to DPU's use of the Use Area:
The Area shall be inspected, environmentally assessed, improved,
operated and maintained by DPU and all costs thereof including the
preparation of said Use Area and all expenses thereof, and all tools and labor
necessary thereof, shall be at the sole cost and expense of DPU.
DPU shall have and enjoy the right of ingress to and egress from the Use Area
subject only to such reasonable rules and regulations as may be established by
Airports. Such right of ingress and egress shall likewise apply to DPU's
employees, agents, patrons, invitees, suppliers and authorized persons including
the right of transportation of equipment, materials, machinery and other property
to and from the Use Area.
DPU shall provide at DPU's sole cost and expense, any and all permits, licenses,
fees, etc. that may be required of the City of Fresno to conduct its intended
operations within the Use Area.
ARTICLE IV
DEVELOPMENT STANDARDS
Airports approval is required for any further improvements, such approval not to
be unreasonably withheld.
Any and all development of the Use Area shall conform to all applicable codes,
ordinances, regulations and development standards of the City of Fresno or other
authority having competent jurisdiction over such development to the extent they
apply to the City of Fresno for the type of development considered. All building,
regulatory and other permits and approvals if required shall be obtained and paid
for by DPU. Nothing in this section is intended to impose any new or additional
requirements or restrictions that would not otherwise exist for the City of Fresno.
DPU, at its sole cost agrees to operate and maintain municipal water wells within
the Use Areas, per Exhibit "4", which improvement shall be and remain the
property, liability and responsibility of DPU at all times during the course of this
Agreement.
1.
2
3
1.
2
3
i:\FYl\Tenant Files\DPU - lVeìl Sites\Legal\DPU-AIRPORTS I'l0U - Well Sites V2 Final ('l-9-2014) docx Page 3 of 12
4. DPU shall provide Airports with as built drawings, maps, and other related data of
all such existing and hereafter made improvements.
ARTICLE V
TERM
A. TERM
This Agreement shall be effective retroactively to July 1,2012 and shall remain in full force and
effect, for a base term expiring June 30,2032. Either party shall have the right, at any time, to
terminate this Agreement upon giving advance written notice of not less than sixty (60) days to
the other party.
B. OPTION TO EXTEND TERM
Airport hereby grants to DPU an option to extend the term of this Lease for a total period of
twenty (20) years from and after the ending date of the term specified in Section A, above, in
two ten (10) year options.
1. First Option shall be exercised by DPU delivering to Airport notice, in writing, of
DPU's exercising said option which notice shall be delivered no later than April 1,
2032. Upon the receipt of said notice by Airport, the term of this Lease shall then
thereby be extended for an additional ten (10) year period and the parties hereto
shall be bound by all terms, covenants and conditions hereof during said additional
period.
lf DPU fails to notify the Airport of the exercising of the first option, Agreement shall
terminate on the date in Section A above.
2. Second Option shall be exercised by DPU delivering to Airport notice, in writing, of
DPU's exercising said option which notice shall be delivered no later than April 1,
2042. Upon the receipt of said notice by Airport, the term of this Lease shall then
thereby be extended for an additional ten (10) year period and the parties hereto
shall be bound by all terms, covenants and conditions hereof during said additional
period.
3. Final termination date of this Agreement shall be June 30, 2052, unless terminated
earlier in the manner and under the conditions herein provided.
ARTICLE VI
RENT
A. ANNUAL RENTAND DUE DATE
1. Rent shall be paid annually for the period of July 1 through June 30 ("Fiscal Year").
The Fair Market Rent ("FMR") in the amount of $0.423 per square foot per year,
covering the period of July 1,2012 through June 30,2013 shall be paid by DPU to
Airports on or before June 15, 2013. Thereafter, rent will be due on the first day of
August, commencing August 1, 2013. Rental adjustments will be made annually as
described in Section B of this Article, below.
J:\FYl\Tenant Files\DPU - Well Siles\Legal\DPU-AIRPORTS l/OU - Well Sites V2 Fina! (1-9-2014) docx Page 4 of 12
2. The FMR is based on the rental value of the previous municipal well site lease
between the Airports Department and DPU located at 4820 and 4826 East Shields
Avenue, Fresno, CA.
B. RENTALADJUSTMENTS:
Commencing on the first day of the 3rd Fiscal Year (July 1,2014), and then annually
thereafter on the first day of each successive Fiscal Year throughout the life of this Agreement,
the amount of annual rent to be paid to Airports by DPU shall be subject to increase, by an
amount equal to the percentage change (increases only) in the U.S. Department of Labor,
Bureau of Labor Statistics (USDLBLS) Consumer Price lndex (CPl) for Urban Wage Earners
and Clerical Workers (all items, U.S. city average) from January 1 to December 31 during the
last full calendar year prior to the scheduled rental adjustment date. The base year for this
agreement shall be 2013.
The amount of all such annual adjustments shall be determined in the manner illustrated within
the worksheet entitled "lllustration of Annual Rental Adjustment Computation", which is attached
as Exhibit "C" hereto and made a parl hereof. Commencing May 1, 2014 and annually
thereafter, prior to the end of each fiscal year, Airports shall complete the worksheet described
in Exhibit "C" and provide a copy to DPU. This will serve as notice of the rent amount due for the
upcoming FiscalYear.
C. LATE PAYMENTCHARGE
Should any installment of rent or any other charges accruing to Airports under the
provisions of this Agreement not be received by Airports within five (5) calendar days after such
shall become due, a late payment charge equal to one and one half percent (1.5%) of the
overdue amount added thereto and constituting a part thereof shall be imposed by Airports each
and every month until the entire delinquent amount is received by Airports.
ARTICLE VII
MAINTENANCE, ALTERATIONS & REPAIR, REMOVAL & DEMOLITION
A. MAINTENANCE:
DPU shall, at all times during the life of this Agreement, at no cost or expense to
Airports, keep and maintain its improvements and the Use Area in good order and repair, and
in a clean, sanitary, and neat condition. Maintenance of the Use Area includes but is not limited
to landscape, including perimeter area, and all fencing surrounding the Use Area.
DPU shall, at all times, keep the Use Area and all fixtures, equipment and personal
propedy in a clean and orderly condition and appearance. DPU shall repair, replace, rebuild
and paint all or any part of the improvements within the Use Area which may be damaged or
destroyed by acts or omissions of DPU or by those of its officers, employees, guests, invitees or
of other persons.
DPU shall take such care of the Use Area and all parts thereof at all times during the
term of this Agreement, that at the expiration or termination thereof the premises shall be in as
.l:\FYl\Tenant Files\DPU - Well Sites\Legai\DPU-AIRPORTS t'/OU - fVett Sites V2 F nal (1-9-2014) docx Page 5 of 12
good condition as at the time of the effective date of this Agreement, except for reasonable wear
and tear.
B. ALTERATIONS & REPAIRS:
DPU shall have the right, at its sole cost and expense, to operate and maintain within
and on the Use Area any improvements, which may be considered as necessary or useful to its
operations; provided, however, any construction, alterations or improvements are subject to
Articles lll & lV above, and Article X below, and shall be commenced only after plans and
specifications therefore have been submitted to and approved in writing by Airports.
DPU shall, at no cost or expense to Airports, make any additions or alterations, operate,
maintain, improve and repair all facilities and other improvements as may be required at any
time in order to comply with legal and regulatory requirements imposed upon Airports in
connection with or for the use of such Use Area or any part thereof and shall othenrvise observe
and comply with any and all applicable public laws, ordinances, regulations, and orders of
competent governmental authority applicable to the City of Fresno for the Use Area.
C. REMOVAL & DEMOLITION:
Unless this Agreement is replaced with a new agreement, at the expiration of the life of
this Agreement or any prior termination thereof, DPU agrees to quietly and peacefully surrender
possession of the Use Area to Airports in the same condition as it was provided to DPU, as bare
land.
D. HOLD HARMLESS / INDEMNIFICATION:
DPU shall hold Airports completely harmless and indemnify, protect and defend Airports
and Airports' officials, officers, employees, volunteers and agents against any and all claims,
judgments, fines, penalties, forfeitures, damages, demands, liabilities, suits, notices, costs and
expenses (including all reasonable costs and expenses for investigation and defense thereof
[including, but not limited to attorney fees, court costs and expert fees]), or any one, more or all
of these, of any nature whatsoever, arising or allegedly arising, directly or indirectly, out of, as a
result of, or incident to, or in any way connected with this Agreement or: (1) DPU's
occupancy(ies) and/or use(s) of any part or all of the Use Area ; (2) DPU's exercise of any one,
more or all of the rights and privileges herein granted; (3) any breach or default in the
performance of any obligation on DPU's part to be pedormed under the terms of this
Agreement; and/or (4) any act(s) or omission(s) on the part of DPU and/or any officer(s),
agent(s), employee(s), contractor(s), sub-contractor(s), servant(s), or representative(s) of DPU
during the life hereof, except for any claims, judgments, fines, penalties, forfeitures, damages,
demands, liabilities, suits, notices, costs and expenses, or any of these, caused solely by the
active negligence of Airports or any of its officials, officers, agents, volunteers or employees
acting within the scope of their duties for Airports. Airports shall give to DPU reasonable notice
of any such claims or actions.
The provisions of this section shall survive the termination of this Agreement.
J:\FYl\Tenant Files\lrPU - \I/ell Sites\Legal\DPU-AIRPORTS l'/OU - Weìl Siies V2 Final (1-9-2014) docx Page 6 of 12
E. EXEMPTION OF AIRPORT:
DPU hereby specifically warrants, covenants and agrees that Airports shall not be liable
for injury to DPU's business or any loss of income therefrom or for damage to the goods, wares,
merchandise or other property located in, upon or about the Use Area or elsewhere on Airport
under authority hereof, whether belonging to DPU, or DPU's employees, customers, agents,
contractors, sub-contractors, tenant, sub-lessee of DPU, or any other person whomsoever. Nor
shall Airports be liable for any injury to DPU's employees, agents, contractors, subcontractors,
tenants, sub-lessees, customers, or invitees, whether or not said damage or injury is caused by
or results from fire, steam, electricity, gas, water or rain, or from the leakage, breakage,
obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or
lighting fixtures, or from any other cause, whether or not the said damage or injury results from
conditions arising in or on any part or all of the Use Area or in or on any of the
improvements/facilities appurtenant thereto located therein or thereon, or from other sources or
places, and regardless of whether or not the cause of such damage or injury or the means of
repairing the same is inaccessible to DPU. DPU also covenants and agrees that Airports shall
not be liable for any damages arising from any act or neglect on the part of any third parties.
ARTIGLE VIII
UTILITIES
DPU shall pay all utilities costs associated with its use of the Use Area including, but not
limited to, all electricity, natural gas, telephone and any other utility service it may require. DPU
agrees that all charges for such services shall be paid prior to delinquency and that Airports
shall be protected and held harmless therefrom.
ARTICLE IX
TAXES AND ASSESSMENTS
ln addition to the rental provided for herein, should any tax or assessment of any kind
become legally authorized to be assessed against the Use Area or any improvements thereon
or any interest therein, DPU shall cause it to be paid, at no cost or expense to Airports, when
due.
ARTICLE X
RULES AND REGULATIONS
DPU shall observe, obey, and comply with any and all applicable rules, regulations,
laws, ordinances, statutes or orders of any governmental and regulatory authority lawfully
exercising authority over the City of Fresno, Airport, the Use Area, the ground water/water
quality, the public facilities used in connection therewith, or otheruvise having authority over
DPU's conduct of its activities and operations hereunder.
DPU agrees to abide by the rules; regulations and orders of the FAA or such other
successor agency as may hereafter be designated by the Federal Government with respect to
aircraft and Airport operations. This includes the requirement to comply with all FAA and Airport
safety and security rules, regulations and plans. The DPU shall cause Airports to be fully
protected and held harmless against any and all claims, demands, damages, fines or penalties
of any nature whatsoever which may be imposed due to any violation caused directly or
J:\FYl\TenantFiles\DPU - Well Siles\Legal\DPu AIRPORIS l'.40U - lVell Sites V2 Final (1-9-2014) docx PageT of 12
indirectly by the act, omission, negligence, abuse or carelessness on the part of DPU, its
employees, agents, visitors, suppliers or invitees.
The "Assurances required by the Federal Aviation Administration" including, but not
limited to those set forth in Exhibit "8" of this Agreement, are binding contractual obligations
between the City of Fresno and the Federal Aviation Administration as a condition of the receipt
of federal financial assistance for the airport. DPU shall faithfully comply with each and all of
such "Assuranoes required by the FederalAviation Administration" as applicable throughout the
life of this Agreement.
ARTICLE XI
ASSIGNMENT AND TRANSFER
DPU shall not assign, othenruise transfer, or encumber this Agreement, the Use Area, or
any interest therein without the prior written consent of Airports.
ARTICLE XII
EMINENT DOMAIN
ln the event that the Government of the United States takes over the operation of the
Airport or any part thereof included in this Agreement by requisition or other unilateral action as
the result of a national emergency, AirpoÉs shall be relieved of any liability incurred hereunder
to DPU.
ln the event that the Government of the United States takes over such operation as
aforesaid, the Airport shall promptly return on a pro-rata basis any then unearned rent paid by
DPU hereunder. lt is further agreed that, if compensation is awarded by the Government of the
United States because of taking over such operations as aforesaid, DPU shall be entitled to
share in such award to the extent of its interest therein, based on the value of the unexpired
term of this Agreement as such value shall be determined in the proceedings for the taking of
such operations and awarding such compensation.
ARTICLE XIII
TERMINATION AND RESTORATION
Except as to those improvements placed on the Use Area by DPU, upon the expiration
or termination of this Agreement, as it pertains to any or all of the Use Area, DPU shall have no
further right or interest in the Use Area. All improvements erected or placed thereon shall be
removed from the Use Area and it shall be returned in the condition it was given to DPU, as
bare land.
DPU shall cause the same to be removed from the Use Area within three hundred sixty-
five (365) days after the expiration or termination of this Agreement including closure of all water
wells, disconnection and removal of all utility service lines and all other things required to
surrender possession of the Use Area in a clean and orderly condition in a manner consistent
with all legal and regulatory requirements, except as Airports may othenruise agree in writing.
Any and all such restoration shall be completed at no cost or expense to Airports and shall
include an environmental assessment and clearance.
Jr\FYl\Tenant Files\DPU - Well Sites\Legal\DPU-AIRPORTS tv4OU - Well Sites V2 Final (1-9-20'14) docx Page B of 12
During the three hundred sixty-five (365) day restoration period, there shall be no liability
for rent. lf the restoration is not completed within such three hundred sixty-five (365) day period
by DPU, then the removal and restoration may be carried out by Airports at DPU's cost and
expense, and DPU shall be liable for payment of rent as herein described until restoration is
completed.
ARTICLE XIV
HOLDING OVER
ln the event DPU should hold over the Use Area beyond the term of this Agreement,
with or without the expressed written consent of Airpoñs, such holding over shall be construed
to be a month{o-month use right only, and DPU shall pay annual rent to Airports and such
rental rate is the amount of rent that was due for the prior Fiscal Year subject to rentat
adjustments (increases only) as stated in Article Vl, Section B for such year-to-year use rights.
Otherwise, such holding over shall be subject to all the terms, covenants, and conditions of this
Agreement.
ARTICLE XV
DEFAULT BY DPU
ln the event that DPU shall fail to keep, observe, undertake, fulfill, or perform any of the
terms, covenants, conditions, warranties, agreements, obligations, and/or provisions of this
Agreement to be kept, observed, undertaken, fulfilled, and/or performed by DPU, and where
such failure shall continue for a period of thirty (30) days following service of written notice
thereof upon DPU by Airports, DPU shall be declared to be in default and breach of this
Agreement; provided, however, that if the nature of DPU's default is such that more than thirty
(30) days are reasonably required for its cure, then DPU shall not be deemed to be in default
and breach of this Agreement if DPU commences such cure within said thirty (30) day period
and thereafter diligently prosecutes such cure to completion as soon as reasonably possible.
Following the occurrence of any default and breach of this Agreement by DPU as set
fotth within this Article, Airports may then immediately, or at any time thereafter, terminate this
Agreement by service of a minimum of ten (10) days advance written notice to such effect upon
DPU and
specified within such notice. Such notice shall set forth the following:
1. The default and breach which resulted in such termination by Airports; and
2. A Demand for Possession, which, in the event only ten (10) days advance notice
shall be given by Airports, shall be effective at 12:00:01 A.M., on the eleventh
(11th) calendar day following the date on which the notice in which such demand
is contained shall be sufficiently served DPU by Airports in conformity with the
"Notice" provisions of this Agreement; or, if more than the minimum number of
days advance notice shall be given, at 12'.00'.014.M., on the next day following
the date specified within such notice as being the date of termination hereof; and
3. Such notice may contain any other notice which Airports shall be required or
desire to give under this Agreement.
J:\FYl\TenantFiles\DPU - Well Sites\Legal\DPU-AIRPORTS li 0U - Well Sites V2 Finat (1-9-20'14) docx Page 9 of 12
ARTICLE XVI
NOTICES
All notices or demands of any kind which Airports may be required to serve on DPU
under the terms of this Agreement, may be served upon DPU (as an alternative to personal
service upon DPU) by mailing a copy thereof by registered or certified mail, return receipt
requested, addressed to DPU:
City of Fresno - DPU Department
Water Division
Management Analyst lll
1910 East University Avenue
Fresno, CA93703-2927
or at such other place as DPU may designate to Airports in writing.
All notices or demands of any kind which DPU may be required or may desire to serve
upon Airpofts under the terms of this Agreement, may be served upon Airports (as an
alternative to personal service upon Airports) by mailing a copy thereof by registered or certified
mail, return receipt requested, addressed to Airports:
City of Fresno - Airports Department
Attn.: Airport Properties Manager
4995 E. Clinton Way
Fresno, California, 93727
or at such other place as Airports may designate to DPU in writing.
ln the event of any service by mail, as aforesaid, service shall be deemed to be
complete on the third day after the deposit thereof in the United States mail.
ARTICLE XVII
TERMINATION BY DPU FOR NON.APPROPRIATION
ln the sole event of non-appropriation relating to this Agreement, DPU shall have the
right to terminate this Agreement at the end of any Fiscal Year of the City of Fresno, in the
manner and subject to the terms specified in this paragraph. DPU shall endeavor to give written
notice of such termination not less than sixty (60) days prior to the end of such Fiscal Year, and
shall notify Airports of any anticipated termination. For purposes of this paragraph, "non-
appropriation" shall mean failure of the City of Fresno or its governing body to appropriate
money for any Fiscal Year of the City of Fresno sufficient for the continued pedormance of this
Agreement by DPU. ln the event of termination by non-appropriation, DPU will be responsible
for all demolition and restoration requirements as detailed in Article Xlll.
ARTICLE XVIII
SPECIAL PROVISIONS
A. Airports, in the interest of safety, by and through its Director of Aviation or his successor
in function, shall at all times during the life of this Agreement have the authority to
designate routes to be taken, for access, ingress and egress within the Use Area, by
J:\FYl\Tenant Files\DPU - Well Sites\Legal\DPU-AIRPORTS l',ilOU - Well Sites V2 Final ('l-9-2014) docx Page10of12
DPU and DPU's employees, delivery agencies, suppliers, visitors, invitees, and others
having business with DPU, and by all automobiles, trucks, and equipment. DPU hereby
agrees to honor such authority and to use only the routes so reasonably designated.
There is reserved to Airports, its successors and assigns, for the use and benefit of the
public, an easement and right of flight for the passage of aircraft in the air space above
the surface of the Use Area, together with the right to cause in said air space such noise,
fumes, and exhaust as may be inherent in the operation of aircraft now known or
hereafter used for navigation or flight in the air space for landing at, taking off from, or
operating on the Fresno Yosemite lnternational Airport. Airports assumes no liability for
damage to DPU's equipment which may result from such flight operations at the Fresno
Yosemite lnternational Airport and DPU agrees to hold Airports harmless for such
damage which may result therefrom.
DPU shall not erect nor permit the erection of any improvements on the Use Area, which
would be an airport hazard within the standards established by Par|77 of the FAA as
now existing or as may hereafter be modified, or othenruise impact Terminal lnstrument
Procedures (TERPS), as determined by FAA.
DPU shall not engage in or conduct or permit the conduct of any activity of any kind on
the Use Area which will interfere in any manner with the operation of the Fresno
Yosemite lnternational Airport as an airport or with aircraft operations or related
operations conducted on the airport by the City or its lessees, and shall not make use of
said Use Area in any manner which might interfere with the landing and taking off of
aircraft, the operation of the approach lighting system, or the operation of the instrument
landing system as each presently exists or may hereafter be modified, or othenryise
constitute an airport hazard.
Airports or any of its authorized officers and employees shall, at all reasonable times,
have the right to enter upon the Use Area, either in person or by nominee, for any lawful
purpose/use including inspecting the Use Area to ascertain the condition thereof and
whether the covenants of this Agreement are being kept, observed and performed.
B
c.
D
E
ilt
Ht
ut
J:\FYl\Te¡ant Files\DPU - VVell Sites\Legal\DPU-AIRPORTS hilOU - Well Sites V2 Final (1-9-2014) clocx Page1lof12
lN WITNESS WHEREOF, Airports and DPU have entered into and executed this
MEMORANDUM OF AGREEMENT as of the day and year first above written.
Airports Department DPU Department - Water Division
By:
Director of Aviation
Address for Notice:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
ATTEST:
Yvonne Spence, CMC
By:
Address for Notice:
City of Fresno - DPU Department
Water Division
Management Analyst lll
1910 East University Avenue
Fresno, CA.93703-2927
APPROVED AS TO FORM:
Douglas T. Sloan
Exhibit "A" - Map of Use Area
Exhibit "B" - Assurances required by the Federal Aviation Administration
Exhibit "C" - Notice of Annual Rental Adjustment
City Clerk
e/+leor-(
ColletiDeputy
J,\FYl\Tenant Files\DPU - Well Sites\Legal\DPU-AIRPORTS MOU - Well Sites V2 Final (1-9-2014).docx Page '12 ol 12
EXHIBIT 33A''
SUBOIWDED LAND IN POR.sEc. 30, ?:/3 sì, Rat E, tuID.B.A M
+Ta Ârs¡
5'06t
ut¿2
5-ß9
9î-îft
494-Oe
:l
.,I
5-gt
5-Sl
%Zæl...
24 J9
25 30(
Pz-e
I e. sHtELDs
\8.CORNEL,L
f, þo
I
E
5
È
Vtl¡tI(t
ã
+
Scondinovlan Colony, plot Bk. Z, pg. g
$ønútnvion Terroce No_Z,Tract No-t3t4-ploi gl-16, pg.J9
issesso/s -pg Og
County o tif-
À/OfE-Assessor! Bloct NumÞèrs Shon ia Ellip*s.
^.-e^r'.
È.,-¡
^¡
r_r-- CLþ.- :_ F;_à-
CITY OF
FAES¡IO
3
@¡
o.E&.
ctÍy oF
FRESN'O
2
Ør
o.t9/€
k¡
q
AW.
AVE| \
È
=L¡I
ë
o
æ a?.h,
llll0lAÀl lSl ¡1llti
GENERAL NOTES:
r&emwæffiffilffiBæ@ÍffirÆffidDd*ß.
¿5ffimErwftmc6lM*EEgÞrrAE@4mCAMþMgEú
+t¡lñ@æEÉErut*ffiþffi6ftffiffiæm.cñuEÑ@úÈ¡ÞsNüæqrfffiæffiaE@@aYd'@0@Fffircmduúwaø-ÐþhÆ5ffiGñ.
ÁFEçWMffiE@tYffiM'Fffi[UruEM
aErEütñreÞaEMlsmúk@ÍE¡wDÈlwmùm@q!^ffitGHÉM^lËffiß6É{reÕ&
t.sEdm4ËuB!ffidñæf,ú. üf mæßf,dM(frgñffidruuAfGÐ,
ae@qqËffiÉffi!im?Èm3lt@ÉF&ûtrÉßÉ4þNm0Md@
lffir4'mþl¡a[ñü6q{t¡5ús-@þ@rY'wW3l4ffiCWlæ
rqd'EEÈEE!rEE¡ffi-
æþr È9gsæ5SY-
E. SHIELDS AVE.
ñr
s ø
T.EGEND:
-----.-ffiw
-'@
-|rc@ffiw
tsz
I
À
ß
.__,...ffiffi
f .,1 *'*
fì *'.ffi
C-IlJm.|@
@ tñ.ffi&
M ñ.ñH**d
&l ñ.üD@E
Jt æruuwr
o Ð.pmndEffil
ffi.ff ila¡rM@Fæ8Þdo!¡ilda¡m
I¿EÆÉñÑEf æ'
^M'ræffiMffiÆdEñffiñæ
GmffitFlGruEGûcærffiFilÑ*rru
a,ElEFqùæ¡tffiÈ4@ttüüÞw'ñffi&[mÐu¡æÍilerø/¡eæd¡WFEE
A@I4G*MEçËil
TEÆÇra*m Hr.tFrø ¡Ea
x.gffi@@u¡ËruFø,
ZfiGlmÂñFfüæSEMm
4@æEFvFEEa.'.G¡ffimmDtffiffiw
MATERIAL SPECS:
EE
um..ffiq!/ßuE¡tr78M@
@.E-SEMæT
ffiåE
ffiÉ*tFú-E m
ffifüÍÉm-Mm
ffidsffie
SCALE: NTS
'fi' *o"-q.;.S' l^? ^/-\:
DEPARIUEI¡T G PFIrc UruMS
çAER oatis¡oN
ñCffiÉ
ñffiGd(øl)!¡æ
PUMP STATION O27A
I 05 W Chandler Ave
(1,638 Square Feet)
EXHIBIT 33B-"
FAA
Airports
Grant Assurances
Airport Sponsors
A.General.
1. These assurances shall be complied with in the performance of grant agreements
for airport development, airport planning, and noise compatibility program grants
for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public-use airport; the term "private sponsor" means a
private owner of a public-use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance ofthis grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. The terms, conditions and assurances of this grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date ofacceptance ofa grant offer
of Federal funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal
funds. Furthermore, the duration of the Civil Rights assurance shall be specifîed
in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor. The precedingparagraph I also applies to aprivate sponsor
except that the useful life of project items installed within afacility or the useful
life of the facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than ten (10)
years from the date ofacceptance ofFederal aid for the project.
B.
Airport Sponsor Assurances (41201 2)Page 1 of 17
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specif,red in this
grant agreement, only Assurances I, 2, 3, 5, 6, 13, 1 8, 30, 32, 33, and 34 in
section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the
project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a),et seq.r
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et seq.l2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(Ð.1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
seq.
i. Clean Air Act, P.L. 90-148, as amended.j. Coastal ZoneManagement Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42U.5.C.4012a.1
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. RehabilitationAct of 1973 -29U.5.C.794.
n. civil Rights Act of 1964 - Title vI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
93??..1
s. Contract 'Work Hours and Safety Standards Act - 40 U.S.C. 327 , et seq.1
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4327, et seq.l
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 75Ol,sL_a9g'
x. Drug-Free Worþlace Act of 1988 - 41 U.S.C. 702throlgh706.
Executive Orders
Airport Sponsor Assurances (412012)ARP Page 2 oI 17
Executive Order 11246 - Equal Employment Opportunityl
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 - Intergovemmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction I
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.l
e. 29 CFR Part3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.l
f. 29 CFR Part 5 - Labor standards provisions applicable to conhacts
covering federally financed and assisted construction (also labor standards
provisions applicable to non-construction contracts subject to the Contract'Work Hours and Safety Standards Act).l
g. 4l CFR Part 60 - Ofhce of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements). 1
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.j. 49 CFR Part2l - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 7964.
k. 49 CFR Part23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
l. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted progra-s.l 2
m. 49 CFR Part26 - Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal hnancial assistance.ro. 49 CFR Part29 - Government wide debarment and suspension
(nonprocurement) and government wide requirements for drug-free
worþlace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
Airport Sponsor Assurances (412012)Page 3 of 17
)
q. 49 CFR Part 4l - Seismic safety of Federal and federally assisted or
regulated new building construc ion.1
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 - Audits of States, Local Governments, and Non-Profit
ort planning sponsors.
ate sponsors.
andLocarGovernment,'..".,Tlå'*,,il"iiT:i:ä.,1iî'öi:iiïåi:
levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code.
Specihc assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in this grant
agreement.
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
to fìnance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizingthe hling of the application,
including all understandings and assurances contained therein, and
directing and authorizingthe person identified as the official
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.b. Private Sponsor: It has legal authority to apply for this grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize thatperson
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to
provide such additional information as may be required.
Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufhcient
funds available to assure operation and maintenance of items funded under this
grant agreement which it will own or control.
Good Title.
a. It, a public agency or the Federal government, holds good title,
satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
3.
4.
Airport Sponsor Assurances (412012)ARP Page 4 o'f 17
5.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in this grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms, conditions, and assurances in this grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it \¡vill enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public-
use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
Airport Sponsor Assurances (412012)ARP Page 5 of 17
6.
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement
also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the o\¡/ner or tenant of a
property used as a residence, or zoned for residential use, to taxi an
afucraft.between that property and any location on airporl. Sponsors of
general aviation airports entering into any anangement that results in
permission for the owner of residential real property adjacent to or near
the airport must comply with the requirements of Sec. 136 of Public Law
l12-95 and the sponsor assurances.
Consistency with Local Plans. The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area sumounding the airport.
Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
Consultation with Users. In making a decision to undertake any airport
development project under Title 49, United States Code, it has undertaken
reasonable consultations with affected parties using the airport at which project is
proposed.
Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings
to the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
Air and Water Quality Standards. In projects involving airport location, a
major runway extension, or runway location it will provide for the Governor of
the state in which the project is located to certify in writing to the Secretary that
the project will be located, designed, constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and water quality standards have
been promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project application
has been received by the Secretary.
Pavement Preventive Maintenance. With respect to a project approved after
January 1,1995, for the replacement or reconstruction of pavement at the airport,
7.
8.
9.
10.
11.
Airport Sponsor Assurances (4120'12)ARP Page 6 of 17
it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal l)evelopment Prerequisites. For projects which include terminal
development at a public use airpoft, as defined in Title 49,ithas, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this grant, the
total cost of the project in connection with which this grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other f,rnancial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to this grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the
project in connection with which this grant was given or used, it shall file
a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year
for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under this grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under this grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Vietnam
Airport Sponsor Assurances (4120'12)ARP PageT of 17
era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled
veterans, and small business concerns owned and controlled by disabled veterans
as defined in Section 47II2 of Title 49,United States Code. However, this
preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval ofthe Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval ofthe Secretary, and incorporated into
this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors ofsuch project as the
Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all or
any paft of this project as well as the right to disapprove the proposed
scope and cost ofprofessional services.g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval ofthis project grant
or the Secretary's approval of any planning material developed as part of
Airport Sponsor Assurances (412012)ARP Page I of 17
19.
this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future application for a
Federal airport grant.
Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary. In furtherance ofthis assurance, the sponsor
will have in effect arrangements for-
1) Operating the airport's aeronautical facilities whenever required;2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.b. It will suitably operate and maintain noise compatibility program items
thatit owns or controls upon which Federal funds have been expended.
Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation of future airport hazards.
Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
20.
21.
Airport Sponsor Assurances (412012)ARP Page 9 of 17
22. EconomicNondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to-
1) fumish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant ofanother air carrier tenant) shall be subjectto such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to
prevent any person, firm, or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own employees
fincluding, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
Airport Sponsor Assurances (4120'12)Page 10 of 17
23.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation ofthe airport.i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use ofthe airport ifsuch action is necessary for the safe
operation ofthe airport or necessary to serve the civil aviation needs ofthe
public.
Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical seruices to the public.
For purposes of this paragraph, the providing of the services at an airport by a
single fixed-based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed-based operator to provide such services, andb. If allowing more than one fixed-based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed-based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, frrm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States
Code.
Fee and Rental Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airpoft planning or noise
compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of I982,the Federal Airport Act
or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users ofthat airport.
Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
24.
25.
Airport Sponsor Assurances (41201 2)Page 11 of 17
26.
airport and which are directly and substantially related to the actual air
transpoftation of passengers or property; or for noise mitigation purposes
on or off the airport. The following exceptions apply to this paragraph:
l) Ifcovenants or assurances in debt obligations issued before
September 3,7982, by the owner or operator of the airport, or
provisions enacted before September 3,1982, in governing statutes
controlling the owner or operator's financing, provide for the use of
the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the
airport o\ryner or operator's general debt obligations or other
facilities, then this limitation on the use of all revenues generated
by the airport (and, in the case of a public airport, local taxes on
aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 2}-year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October l, 1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant
made to that airport on or after October 1,7996.
3) Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at Section 47102 of title 49 United States Code), if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law I 12-95.
b. As part of the annual audit required under the single Audit Act of 1984,
the sponsor will direct that the audit will review, and the resulting audit
report will provide an opinion concerning, the use of airport revenue and
taxes in paragraph (a), and indicating whether funds paid or transferred to
the owner or operator are paid or transferred in a manner consistent with
Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
Airport Sponsor Assurances (412012)ARP Page 12 of 17
27.
available to the public; make available to the public at reasonable times
and places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airporl, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent ofthe Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of this grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent ofthe Secretary upon reasonable request; andd. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an
annual report listing in detail:
l) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and2) all services and property provided by the airport to other units of
goveraìment and the amount of compensation received for
provision ofeach such service and property.
Use by Government Aircraft. It will make available all of the facilities of the
airport developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by Government aircraft
in common with other aircraft. at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authoÅzed aircraft, or during any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather-reporting and communication activities related to air traff,rc
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
28.
Airport Sponsor Assurances (41 201 2)ARP Page13of17
29.
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon; and (4) all proposed and
existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary
which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or
(2)bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs ofrestoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds ofrace, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or
benef,rting from funds received from this grant. This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to the
program, except where Federal financial assistance is to provide, or is in the form
of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended,
or for another purpose involving the provision of similar services or benefits, or
30.
Airport Sponsor Assurances (412012)ARP Page 14 of 17
31.
(b) the period during which the sponsor retains ownership or possession of the
property.
Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when
the land is no longer needed for such pu{poses, at fair market value, at the
earliest practicable time. That portion of the proceeds of such disposition
which is proportionate to the United States' share of acquisition of such
land will be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2) transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47I14,47115, or 47117 of title
49 United States Code, (4) transfered to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund. If land acquired under a grant for noise compatibility
purposes is leased at fair market value and consistent with noise buffering
pulposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant funding or
any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States'share of the cost of acquisition of such land will, (1) upon
application to the Secretary, be reinvested or transferred to another eligible
airport as prescribed bythe Secretary. The Secretary shall give preference
to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 471I7(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47I14,47I15, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
atthat airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) the revenue
Airport Sponsor Assurances (412012)Page 15 of 17ARP
32.
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31,1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making
such grant before December 31,1987, was notified by the operator or
owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation ofany interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
Engineering and Design Services. It will award each contract, or sub-contract
for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications-based requirement prescribed for or by the sponsor of
the airport.
Foreign Market Restrictions. It will not allow funds provided under this grant to
be used to fund any project which uses any product or service ofa foreign country
during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated (the latest
approved version as of this grant offer) and included in this grant, and in
accordance with applicable state policies, standards, and specifications approved
by the Secretary.
Relocation and Real Property Acquisition. (1) It will be guided in acquiring
real property, to the greatest extent practicable under State law, by the land
acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will
provide a relocation assistance program offering the services described in Subpart
C and fair and reasonable relocation payments and assistance to displaced persons
as required in Subpart D and E of 49 CFR Part 24. (3) It will make available
within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
Access By Intercity Buses. The airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of transportation to
JJ.
34.
35.
36.
Airport Sponsor Assurances (412012)ARP Page 16 of 17
have access to the airport; however, it has no obligation to fund special facilities
for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any
DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26.The Recipient shall take all necessary and
reasonable steps under 49 CFR Part26 to ensure non discrimination in the award
and administration of DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to cary out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Part26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 andlor
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3301).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that ahangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
ov/ner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be
accommodated; and
3) Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August I of each year if
the airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Sponsor Assurances (4120'12)Page 17 of 17ARP
EXHIBIT .'CI'
FRESNO YOSEMITE
!l lF n ll aT l Рtià I
^
!î F 0 n I
August 22,2013 10:25 AM
RE: DPU - WELL SITES
I NTERDEPARTMENTAL USE AGREEMENT
The rental adjustment calculation shown to the right was
completed in keeping with the intent of the lease for
municipal well operations and maintenance on land owned
by Fresno Yosemite lnternational Airport,
For the following locations:
Pump Station 306 (3798 N. Peach Avenue, Fresno, CA) 13,357
square feet; Pump Station 0084 (5551 E. Westover Avenue, Fresno,
CA) 2,398 square feet; Pump Station ??? (??? N. Walker Avenue,
Fresno, CA) 5,901 square feet; and Pump Station 063 (4991 E.
McKinley Avenue, Fresno, CA) 566 square feet
between
THE CITY OF FRESNO - AIRPORTS DEPARTMENT
AND
THE C¡TY OF FRESNO
DEPARTMENT OF PUBL¡C UTILITIES . WATER DIVISION
DATE:August 22,2013 10:25 AM
===================================================
ANNUAL RENTAL ADJ USTMENT COMPUTATION
FOR LEASE YEAR COMMENCING:
July 1, 2014
USDLBLS CPI - JAN-DEC.,
USDLBLS CPI - JAN-DEC.,
AMOUNT OF CPI CHANGE
PERCENTAGE CPI CHANGE
SQUARE FOOTAGE
CURRENT MONTHLY RENTAL
CURRENT RENT P/SQ FTTYR
AMOUNT OF ADJUSTMENT
NEW MONTHLY RENTAL
AMOUNT OF ADJUSTMENT
2011
2012
221.575
226.229
4.7
2.1004%
57,107.O0
$2,013.02
o.423
0.00846
0.43146
s40.26
EFFECTIVE: July 1,2014
MONTHLY RENTAL WILL BE: $2,053.28
Prepared by:
lf you have any questions concerning this matter,
please contact the undersigned at (559) 621-4543.
Very truly yours,
Melissa A. Garza-Perry
Airports Property Specialist ll
City of Fresno, Department of Airports
MONTHLY RENTAL
1 ,2014
CITY OF FRESNO
DEPARTMENT OF AIRPORTS
PROPERTIES SECTION
4995 EAST CLINTON WAY
FRESNO, CA 93727-1504
TELEPHONE: (559) 621-4500
FACSIMILE: (559) 251-4825
- PER USDUBLS
J:\FYl\TeniltF¡þs\DPU-welsites\LegafiExhitits\RentalAdjustrrent-Exhlbitcxb EXHlBlT ttC"
SAMPLE ONLY