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HomeMy WebLinkAbout001291 Original Contract Clity of Port Angeles Record #001291 INTERLOCAL AGREEMEN,r FOR MAINTENANCE OF APPROACH PATH TO WILLIAM R. FAIRCHILD INTERNATIONAL AIRPORT RUNWAY 26 THIS AGREEMENT is entered into pursuant to RCW 39.34, the Interlocal Cooperation Act, between the CITY OF PORT ANGELES, a Washington municipal corporation, located and doing business at 321 East Fifth Street, Port Angeles, Washington 98362 ("City,"), and the PORT OF PORT ANGELES, a Washington municipal corporation, located and doing business at 338 W. First Street, Port Angeles, Washington 98362 ("Port"), together referred to as the "Parties", for the purpose of coordination on the elimination and prevention of encroachments into the William R. Fairchild International Airport Runway 26. RECITALS WHEREAS, Lincoln Park was dedicated to the City by the Federal Government for public use as a park in 1904; and WHEREAS, Lincoln Park is the City's largest recreational facility, is used extensively by the public,and is an important community asset; and WHEREAS, from 1934 to 1948 the United States Army, Navy, and Works Progress Administration established the airport which is now known as the William R. Fairchild International Airport("FIA"), and in establishing the airport the land was cleared of trees; and WHEREAS, FIA has been identified (1) as ail essential public facility in accordance with the Washington State Growth Management Act; (2) as one of six Federal Emergency Management Agency federal staging areas in Washington State to support forward distribution of supplies and equipment in the event of disaster; and (3) in the Washington Guard Response Plan as a Tier-2 airport with the second-largest capability for supporting rescue and supply-delivery aircraft in the event of a disaster;and WHEREAS, FIA is vital in providing community air service for medical evacuation ("medevac") flights and in support of our local economy; and WHEREAS, Runway 26 is the most frequently used runway at FIA because of the prevailing wind direction,and because approaches to Runway 8 are inefficient for most arriving flights and are sometimes not possible because of wind conditions; and WHEREAS, from time to time and without notice to the Port, the Federal Aviation Administration (the "FAA") may impose landing restrictions on Runway 26 because of safety concerns related to trees in Lincoln Park that penetrate into Runway 26 approach path; and WHEREAS, one immediate impact of FAA restrictions on approaches to Runway 26 is that nighttime medevac flights into FIA may be cancelled;and WHEREAS, encroachments into the Runway 26 approach path likely would prompt the FAA to impose additional restrictions on the use of Runway 26 for landing aircraft, and such restrictions could result in a shorter Runway 26 that cannot accommodate certain aircrall that presently are able to use Runway 26 for landing; and WHEREAS, lives could be lost if Runway 26 is not available and medevac flights into FIA are cancelled as a result; and WHEREAS,the Parties recognize that 24-hour-per-day/7-day-per-week availability of Runway InteHocal Agreement—City of Port Angeles/Port of Port Angeles Page I of 6 Lincoln Park Treeii/Fairchfld International Airport 26 for medevac flights is critical to the health and safety of the people of*Clallam County; and WHEREAS, accordingly, the parties will cooperate and work together to avoid further restrictions on the use of Runway 26; and WHEREAS,the Parties recognize the importance of predictability regarding the use of Runway 26; and WHEREAS, a significant number of trees in Lincoln Park are capable of penetrating the restricted airspace for approaches to Runway 26; and WHEREAS,the Parties desire to have a reliable process for managing the height and growth of trees in Lincoln Park to avoid disruptions to the use of Runway 26; and WHEREAS, the Parties anticipate that at some future date the City will convey to the Port an avigation easement that will provide a permanent solution for avoiding en croachm e tits into the Runway 26 approach path; and WHEREAS, until the Port has an avigation easement over Lincoln Park, the City and the Port desire to have an agreement that permits the Port to maintain an encroachment-free approach path to Runway 26;and WHEREAS, using a high level tree height analysis, and estimating tree growth at the rate of' three feet per year, the Port is able to identify those trees that presently encroach into the approach path and to calculate when additional trees will grow into the approach path; and WHEREAS, in the interest of managing the height and growth of trees in Lincoln Park to avoid disruptions to the use of Runway 26, it is appropriate for the City and the Port to cooperate in the periodic removal of trees in Lincoln Park that grow to within five feet of' the approach path to Runway 26; and WHEREAS, the Parties are committed to work collectively to preserve the integrity of Lincoln Park and FIA; and WHEREAS, the Parties foresee that trees in Lincoln Park will need to be removed on an ongoing basis to ensure a safe airport approach path, The tree rernoval will be conducted for the limited purpose of continued unobstructed use and passage of all types of aircraft in and through airspace in the vicinity of Lincoln Park to and from airport Runway 26; and WHEREAS, the Commission of`the Port and the Council of the City intend to establish a procedure to provide for removal of`the trees in the future as necessary to allow the unobstructed use and passage of aircraft to and from Runway 26. Additionally, the Commission delegates authority to the Executive Director of the Port and the Council delegates authority, to the City Manager of`the City to enter into agreements as they deem necessary to accomplish tree removal and to address any related or ancillary issues. NOW,THEREFORE THE PAR'rIES AGREE AS FOLLOWS: I. The Parties have a mutual interest in prornoting community recreational opportunities in Lincoln Park. At the sarne time, the Parties have a mutual interest in preserving FIA as an essential public facility and vital provider of medevac flights and community air service. In particular for this agreement, the Parties will cooperate in establishing a process that allows tile removal of trees in Lincoln Park as necessary to eliminate obstructions to Runway 26. irvterlocad Agreement—City of Port Angek-s/Port of Port Angetes Page 2 of 6 Uncoln Park Trees/Fairchild lntematonaR Airport 2. The Commission of the Port, by this agreement, do hereby delegate authority to the Executive Director of the Port (the "Executive Director") and authorize the Executive Director to exercise full discretion and authority to implement this agreement and to make and enter into subsequent agreements as the Executive Director deems necessary to accomplish tree removal required for uninterrupted and unimpeded passage of aircraft to and from Runway 26 and to address any related or ancillary issues. 3. The Council of the City, by this agreement, do hereby delegate authority to the City Manager of the City (the "City Manager") and authorize the City Manager to exercise full discretion and authority to implement this agreement and to make and enter into subsequent agreements as the Manager deems necessary to accomplish tree removal required for uninterrupted and unimpeded passage of aircraft to and from Runway 26 and to address any related or ancillary issues. 4. For purposes of this agreement, "Obstruction Trees" shall mean trees in Lincoln Park that are of such a height and are so located that they penetrate the Runway 26 approach path and thereby interfere with the use of Runway 26 to a length of 5,000 feet, and those trees that the Port determines are within five feet of the Runway 26 approach path. Upon the Effective Date of this agreement, as defined below, and in accordance with the terms and conditions set forth herein, the Port may remove any trees it has identified as Obstruction Trees. In addition, the Port may, at its own expense and without compensation to the City, remove all tree seedlings up to twenty feet tall that have the potential to grow into the Runway 26 approach path. 5. At least once a year, the Executive Director, or the Director's designee, shall identify and designate any Obstruction Trees that then exist. The Executive Director shall deliver to the City Manager a detailed description of the trees identified as Obstruction Trees, If the City Manager agrees that the trees are Obstruction Trees, the Director and the Manager shall then agree on a schedule for removal of those trees. The schedule shall allow adequate time for the Port to obtain required permits and for other work as is deemed to be appropriate and necessary by the Executive Director and the City Manager. 6, Prior to the removal of any Obstruction Trees, the Port shall prepare a Tree Removal and Restoration Plan and submit it to the City Manager for the City Manager's approval. The Removal and Restoration Plan shall • Identify all required permits; • Describe the plan for tree removal; • Describe the plan for restoration of the property following tree removal; • Describe the plan for compliance with anticipated conditions imposed in the permits necessary for the project; and • Describe the plan for storm water analysis, compliance, and mitigation. In addition, before the Executive Director may authorize or permit removal of any Obstruction Trees or make any changes to any features, improvements, or assets of Lincoln Park, the following shall have occurred: o The City Manager shall have approved the Removal and Restoration Plan. Interlocal Agreement—Oty of Port Angeles/Port of Port Angeles Page 3 of 6 Uncol n Park Trees/Fairchild International Airport o The Port shall have obtained all permits necessary. o At least one week prior to removal of any trees, the Port shall have prominently marked the trees to be removed. 7. All felled Obstruction Trees shall be removed by the Port in strict compliance with all applicable codes, permits, rules, regulations and laws. The stumps of all removed Obstruction Trees shall be ground to a minimum of twelve (12) inches below the surrounding grade; all debris from the removal site shall be hauled off site for disposal; top soil, grass seed, other plantings, and straw cover shall be applied to the removal site all in accordance with the Removal and Restoration Plan; and the storm water control plan will be constructed, implemented, and maintained, All Obstruction Tree removal and site repair work described herein shall be performed at the Port's expense. & The Port shall pay the City 100% of the stumpage price of all Obstruction Trees removed hereunder, as determined by a qualified independent appraiser engaged at the Port's expense. 9. The Port will indemnify, defend, and hold harmless the City from and against any and every claim and risk, including but not limited to, suits or proceedings for bodily injury or loss, including death, and all losses, damages, demands, suits,judgments and attorney fees, and other expenses of any kind, arising out of the exercise by the Port of any rights granted or provided herein and caused or occasioned in whole or in part by the acts or omissions of Port or its contractors. 10. Nothing in this document is intended to limit, restrict or constrain the continuation of any existing structures, land uses, or activities or events that occurred or were conducted from time to time at Lincoln Park prior to the Effective Date of this agreement,as defined below. 11. During the term of this agreement, the City will consult with the Port prior to the installation of any structure or improvement that may penetrate the Runway 26 approach path. 12. This agreement shall be in force and effect from and after the date when it is approved by the commission of the Port and by counsel of the city, whichever is later (the "Effective Date"). This agreement shall be in force and effect for 15 years following the Effective Date. 13. In the event the Executive Director and the City Manager are unable to agree on any issue, process, procedure or other matter necessary to implement and fulfill the purpose and intent of this agreement,the Parties agree to proceed as follows: o The Commissioners of the Port will appoint one of their members to represent the Port in resolving the conflict, and the Council of the City will appoint one of their members to represent the City in resolving the conflict. Tile Executive Director and the appointed Commissioner shall meet with the City Manager and the appointed Council Member to negotiate in good faith a resolution to the conflict. o If such negotiation is unsuccessful in resolving the conflict, the Parties may pursue such other procedures or actions as they deem appropriate under the circumstances. Interlocal Agreement—Oty of Port Angeles/Port of Port Angeles Page 4 of 6 Uncoln Park Trees/Fairchild International Airport AGREED TO ON THIS DAY OF 2017 CITY OF PORT ANGELES PORT OF PORT ANGELES Dan McKeen,City Manager Ka'refrldosc� ecutive Director APPROVED BY PORT ANGELES CITY COUNCIL ON -7 APPROVED BY PORT OF PORT ANGELES COMMISSION ON A 7 ATTEST: ATTEST: �AiAcr 2 Jennifer eneklasen, City Clerk Holly Hairell, Administrative Manager V:jVED AS TO F APPR VED S F RIM: William Bloor, City Attorney Simon Barnhart, Port Attorney Interiocai Agreement—Oty of Port Angeles/Port of Port Angeles Page 5 of 6 Lincoln Park Trees/Fairchild International Airport