HomeMy Public PortalAbout1.27.11 FAA MOA No Cost Land on AirportNO COST LAND ON AIRPORT MEMORANDUM OF AGREEMENT
MOA No: DTFAWN- 11 - L - 00034
Geographical Location: MC CALL, IDAHO
This agreement is made and entered into by the MC CALL MUNICIPAL AIRPORT
FOR THE CITY OF MC CALL, hereinafter referred to as Airport, for itself, its
successors and assigns, and the Federal Aviation Administration, hereinafter referred to
as the FAA.
WITNESSETH
WHEREAS, the parties listed above have entered into an Airport Improvement Grant
Agreement; and
WHEREAS, the parties listed above have entered into an agreement providing for the
construction, operation, and maintenance of FAA owned navigation, communication and
weather aids for the support of Air Traffic Operations; and
WHEREAS, the parties consider it desirable to work in cooperation with each other in
the technical installation and operation of air navigational aids; and
WHEREAS, both parties agreed the establishment, operation, and maintenance of
systems for air traffic control, navigation, communication, and weather reporting is in the
primary interest of safety and direct support of the ongoing operation of the MC CALL
MUNICIPAL AIRPORT.
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS (Jun-04):
It is mutually understood and agreed that the Airport requires FAA navigation aid
facilities in order to operate their business and that the FAA requires navigation,
communication and weather aid facilities at the Airport in order to support Air Traffic
Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will
allow the FAA to construct, operate, and maintain FAA owned navigation,
communication and weather aid facilities in areas on the Airport that have been mutually
determined and agreed upon for the term commencing on October 1, 2010 and
continuing though September 30, 2029. The FAA can terminate this agreement, in
whole or part at any time by giving at least (60) day's notice in writing. Said notice shall
be sent by certified or registered mail.
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A. Together with a right-of-way for ingress to and egress from the premises; a
right-of-way for establishing and maintaining pole lines or under ground lines for
extending electrical power and/or telecommunications lines to the premises; including a
right-of-way for subsurface power, communication and/or water lines to the premises; all
right-of-ways to be over the area referred to as MC CALL MUNICIPAL AIRPORT, to
be routed reasonably determined to be the most convenient to the FAA and as not to
interfere with Airport operations. The Airport shall have the right to review and
comment on plans covering access and utility rights -of -way under this paragraph.
B. And the right to grading, conditioning, and installing drainage facilities, and
seeding the soil of the premises, and the removal of all obstructions from the premises
which may constitute a hindrance to the establishment and maintenance of navigational
aid systems. The Airport shall have the right to review and comment on plans covering
work permitted under this paragraph.
C. And the rights to make alterations, attach fixtures, and erect additions,
structures or signs, in direct support of the Airport. The Airport shall have the right to
review and comment on plans covering work permitted under this paragraph.
D. And the right to park, without cost, all official and privately owned vehicles
used for the maintenance and operation of the air navigational facilities. Parking shall be
provided adjacent to the navigational aid facility or as near as possible without interfering
with the operation of the Airport.
2. CONSIDERATION (Aug- 02):
The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the
rights extended to the FAA herein are in consideration of the obligations assumed by the
FAA in its establishment, operation, and maintenance of navigational aid facilities upon
the premises.
3. PURPOSE (Apr-05):
It is understood and agreed that the use of the herein described premises, known as,
MC CALL MUNICIPAL AIRPORT shall be related to the FAA's activities in support
of Air Traffic operations.
4. FAA FACILITIES (Aar-05)
The FAA facilities covered by this agreement are identified on the most current approved
Airport Layout Plan (ALP) and/or other pertinent drawings that are made part of this
agreement by reference and shown on the attached FAA "List of Facilities".
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5. TITLE TO IMPROVEMENTS (Anr-05):
Title to the improvements constructed for use by the FAA during the life of this
agreement shall be in the name of the FAA.
6. HAZARDOUS SUBSTANCE CONTAMINATION (May-00):
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on
the FAA facility premises that is found to have occurred as a direct result of the
installation, operation, relocation and/or maintenance of the FAA's facilities covered by
this agreement. The Airport agrees to remediate or have remediated at its sole cost, any
and all other hazardous substance contamination found on the FAA facility premises.
The Airport also agrees to save and hold the U. S. Government harmless for any and all
costs, liabilities and/or claims by third parties that arise out of hazardous contamination
found on the FAA facility premises that are not directly attributable to the installation,
operation and/or maintenance of the facilities on the attached FAA "List of Facilities."
7. INTERFERENCE WITH FAA OPERATIONS (Oct-96):
The Airport agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature within the Airport's boundaries that may interfere with the
proper operation of the navigational aid facilities installed by the FAA, as it is not in the
best interest of the Airport or the FAA.
S. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct-96):
The Airport agrees that any relocation, replacement, or modification of any existing or
future FAA's navigational aid systems made necessary by Airport improvements or
changes, which interferes with the technical and/or operational characteristics of the
facility, will be at the expense of the Airport, with the exception of any such
improvements or changes which are made at the request of the FAA. In the event such
relocations, replacements, or modifications are necessary due to causes not attributable to
either the Airport or the FAA, funding responsibility shall be determined by mutual
agreement between the parties.
9. NON -RESTORATION (Oct-96):
It is hereby agreed between the parties, that upon termination of its occupancy, the FAA
shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this agreement. It is further agreed that the FAA
may abandon in place any or all of the structures and equipment installed in or located
upon said property by the FAA during its tenure. Such abandoned equipment shall
become the property of the Airport.
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10. NOTICES (Oct-96):
All notices/correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
AIRPORT:
MC CALL MUNICIPAL AIRPORT
216 EAST PARK
MC CALL, ID 83638
FEDERAL AVIATION ADMINISTRATION:
FEDERAL AVIATION ADMINISTRATION
1601 LIND AVENUE SW
RENTON, WA 98057
11. Previous Lease(s)/Agreement(s)
This agreement supersedes Land Lease number DTFA11- 96 - L-15858. Land Lease
DTFA11- 96 - L - 15858 is hereby terminated.
12. The following clauses are incorporated by reference: The full text of these clauses
can be found via Internet at site httn://fast.faa.eov/ and finding the form "Land On -
Airport Lease"
1. OFFICIALS NOT TO BENEFIT (10/96)
2. COVENANT AGAINST CONTINGENT FEES (8/02)
3. ANTI -KICKBACK (10/96)
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13. SIGNATURES (Apr-04):
The Airport and the FAA hereby agree to the provisions outlined in this agreement as
indicated by the signatures herein below of their duly authorized representative (s). This
agreement is effective upon the date of signature by the last party thereof.
MC CALL MUNICIPAL AIRPORT
FOR THE CITY OF MC CALL
By:
Title:
Date: 2 7 c It _ 21fLL
UNITED STATES OF AMERICA,
FEDERAL AVIATION
ADMINISTRATION
By:
Title:
Date:
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Dated It 124 /7-0 t 0
List of Facilities
MEMORANDUM OF AGREEMENT
DTFAWN- 11 - L - 00034
MC CALL MUNICIPAL AIRPORT
NumberATID Facility
R/W GSA
Control
Number Number
MYL REIL 34 16164
MYL ,VASI 34 16117
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Comments
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