HomeMy WebLinkAbout12135 ORD - 06/19/1974JRR:jkh:hb:6 /18/74:1at
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A LEASE WITH THE DEPARTMENT OF TRANS-
PORTATION (FEDERAL AVIATION ADMINISTRATION) FOR
AND ON BEHALF OF THE UNITED STATES OF AMERICA
FOR USE OF APPROXIMATELY 15,000 SQUARE FEET
OF NET RENTABLE SPACE IN THE TOWER BUILDING AT THE
CORPUS CHRISTI INTERNATIONAL AIRPORT, INCLUDING
A PARKING LOT, COMMENCING ON THE FIRST DAY OF THE
MONTH FOLLOWING THAT IN 14HICH BENEFICIAL OCCUPANCY
IS OBTAINED, ON A YEAR -TO -YEAR BASIS THROUGH JUNE
30, 1990; PROVIDING FOR JANITORIAL /UTILITY FEES,
ALL AS MORE FULLY SET FORTH IN THE PROVISIONAL
LEASE, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A "; AND
DECLARING AN EMERGENCY.
a
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
and directed to execute a lease with the Department of Transportation
(Federal Aviation Administration) for and on behalf of the United States of
America for use of approximately 15,000 square feet of net rentable space
in the Tower Building at the Corpus Christi International Airport, In-
cluding a parking lot, commencing on the first day of the month following
that in which beneficial occupancy is obtained, on a year -to -year basis
through June 30, 1990, and providing for janitorial /utility fees at the
rate of $1.74 per annum, all of the provisions for the lease hereinabove
described being mote fully set forth in the Provisional Lease, a copy of
which is attached hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to immediately enter into the afore-
said Provisional Lease at the International Airport creates a public
emergency and an imperative public necessity requiring the suspension of
the Charter rule that no ordinance or resolution shall be passed finally
on the date of its introduction and that such ordinance or resolution
shall be read at three several meetings of the City Council, and the
Mayor, having declared such emergency and necessity to exist, having
requested the suspension of the Charter rule and that this ordinance
take effect and be in full force and effect from and after its passage,
12135
IT IS ACCORDINGLY SO ORDAINED this the /9 day of June, 1974.
ATTEST:
City Secrete // MAYOR A v
VV THE CITY OF CORPUS CHRISTI, TEAS
APPROVED:
DAY OF JUNE, 1974:
Ci Attorne
` DEPARTMENT OF TRANSPORTATION
i-EDERAL AVIATION ADMINISTRATION
DATE FED 21 191
SOUTHWEST FiEG101'0
A io 'ASW -56 P. o. sox 1689
FORT WORTH, TEAS 76101 " 1
# 4
sucJFcT: Proposed ATGT- building expansion', Provisional Lease No.
DOT- FA74SW -1216, Corpus Christi International Airport
MIA, Chief, Real Estate and Utilities Branch, ASW -56
To: Mr. William D. Wilder
Director of Aviation
Corpus Christi International Airport
Route 2, Box 902
Corpus Christi, Texas 78408
In reply to your letter of January 25, 1974, we are enclosing a
Provisional Lease for the proposed Airport Traffic Control Tower
-' building expansion.
Please present the instrument to the City Council for approval and
execution and return the original and two copies to this office.
Please note that the exact annual rental will be predicated on the
total construction cost of the building, which will incorporate
janitorial and utility services based upon.a rate of $1.74 per
square foot per annum.
Your cooperation in this matter will be greatly appreciated.
P E. /NVFDY
Enclosure
1 � y
r`iT rye
r
a
x
STANDARD FORM 2
FEBRUARY l96
GEREML SAVLMS U.S. GOVERNMENT
ADMINWRAT" PROVISIONAL LEASE FOR REAL PROPERTY
FIR (el t5R) W 6.An
DATE OF LEA j
DOT- FA74SA -1216
THIS LEASE, made and entered into this date by and between -
CITY OF CORPUS CHRISTI, TEXAS
International Airport
whose address is Route 2, Box 902
Corpus:Christi, Texas 78408
and whose interest in the property hereinafter described is that of owner
hereinafter called the Lessor. and the UNITED STATES OF AbEMCA, hereinafter called tha Government -
WITNESSEM: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
. -
Construct approximately 15,000 square feet of net rentable space on
5 levels partitioned to Federal Aviation Administration's require-
ments with men's and women's rest room facilities, located on the
International Airport, Corpus Christi, Texas. Premises includes a
parking lot with 120 spaces for Government, visitors, and employee's
vehicles.
tobeusedfra ATCT /TRACON, Airway Facilities Sector and General Aviation
District Office
Z TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on the
first day of the month following that in which beneficial occupancy is
through subject to termination
and renewal rights as may be hereinafter set forth.
3. The Government shall pay the Lessor annual rest of
at the me of per - ..— __.__.__..._r.. fn arrmm
Rent for a lesser period shall be prorated. Rent checks shall he made payable to: LESSOR
4 The Government may terminate this lease at any time by giving at least _ —_ 30 _.__. -... days' notice in writing
to the Lesw2 and no rental shall acme after the effective date of termination. Said notice shall be computed commmc.
ins with theday after the date of mai ling.
provided notice be given ' ' mg to the Lessor at least ..... ...... days before the end of the original lease term
or any Ten rm; all other terms and conditions of this lease shall rennin the same during any renewal term.
t- we
6. The Lessor shall foraiih m the GovelDment, as part of the rental consideration, the following:
Janitorial, utility services and waste and refuse pickup as
more particularly set forth in Articles 14 and 15.
..1
7. The following are attached and made a part hereof:
1. The General Provisions and Instructions (Standard Form 2 -A, -_T!ey 1970.. edition).
2. Special Lease Provisions (Articles 9 through 20)
e.' The following "changes were made is this lease prior to its execution:_ "
Article 5 on Standard Form 2 and Article 11 on Standard
Form 2-A were deleted in their entirety.
IN WMNESS WHEREOF, the parties hereto have hereunto subsmbed their names as of the date first above
written.
LE"OR CITY OF CORPUS CHRISTI, TEXAS._
APPROVED:
Date
Br_
Isa+.<+a.l City Attorney rslaAma..J
1N eRESB CE OF:
(add.. .... -i -- —
UNITED STATE9 A qi
- - --- ----- - ---------- . .. . _ . . ... . . - -_ - _ – –.–. -_---
—.. _.
Contracting Officer
enne y - -
_.—'—
(s:,e•• +t.•.rl foffdJ'id')
TANDARD FORM 2
FEBRUARY 1969 MMON ,
Lease No. DOT- FA74SW -1216
ATCT /TRACON, AFS & GADO
International Airport
Corpus Christi, Texas
Page 3
SPECIAL LEASE PROVISIONS
Schedule I
9. RENEWAL OPTION.
This lease may, at the option of the Governmeat, be renewed from year to
year upon the terms and conditions herein specified. The Government's
option shall be deemed exercised and the lease renewed each year for one
year unless the Government gives 30 days' notice in writing that it will
not exercise its option before this lease or any renewal thereof expires;
PROVIDED,.That no renewal thereof shall extend the period of occupancy of
the premises beyond the 30th day of June 1990; AND PROVIDED FURTHER, That
adequate appropriations are available from year to year for the payment
of rentals.
10. RENTAL.
Bare space annual lease amount will be 10.52 percent of the total con-
struction cost including approved change orders and architectural and
engineering fees, renewable annually for 15 years. Janitorial /Utility
services shall be at the rate of $1.74 per square foot per annum on net
rentable area. Actual rental figure will be supplied by supplement to
this Provisional Lease after all costs are determined.
Rental includes continuing maintenance of the interior and exterior of the
building, ground areas surrounding the building including parking areas,
and the maintenance of the building's equipment for plumbing, heating, and
cooling.
The Government agrees to occupy all of the space covered by this lease on
the date of original occupancy for the renewal period specified in Article 9
hereof, provided rental funds are appropriated for the Airport Traffic
Control Tower in this building complex. However, nothing in this provision
shall prohibit the relinquishment of any space by mutual agreement between
the lessor and the Government.
11. OCCUPANCY OF SPACE BEYOND THIS LEASE TERM.
The Government shall have the option to make a new lease for all or any
part of the demised premises at the end of the initial renewal terms or
within one year thereafter at a bare space rental rate to be negotiated at
.that time, based upon the fact that the building will have been completely
paid for by lease rentals. Said rate would include the stipulation that
all building structural and equipment maintenance appertaining thereto
shall be performed by the lessor.
Lease No. DOT- FA74SW -1216
ATCT /TRACON, AFS & GADO
International Airport
Corpus Christi, Texas.
Page 4
12. INTERIOR PAINTING LEASED PREMISES,
The lessor shall accomplish interior repainting of the leased premises once
every five years during the Government's occupancy of the leased premises
under this lease or any renewal thereof. All painting shall be accomplished
by the lessor using a washable paint of the lessor's choice.
13. NON - RESTORATION.
It is hereby agreed between the parties that, upon termination of its occu-
pancy, the Government shall have no obligation to restore and /or rehabili-
tate, either wholly or partially, the property which is the subject matter
of this lease. It is further agreed that the Government may abandon in
place any or all of the structures and equipment installed in or located
upon said property by the Government during its tenure. Notice of abandon-
ment will be conveyed to the lessor in writing.
14. UTILITY, BEATING, COOLING SYSTEMS, AND RESTROOM FACILITIES.
The lessor shall furnish as part of the rental consideration the services,
supplies and utilities for the demised premises to include restrooms.as
stated hereinafter through the lessor's owned and maintained facilities.
a. Water: The lessor shall furnish all equipment for a system to supply
adequate potable water dispensed through the lessor's owned and maintained,
electrically operated drinking fountain, established within the demised
premises leased by the Government. Potable hot and cold water shall be
furnished for use by the Government in the lessor's owned and maintained
male and female toilet facilities located within said premises.
b. Sewage: The lessor shall furnish all equipment for a system adequate to
provide waste disposal for the lessor's owned and maintained toilet facilities
furnished the Government within the leased premises.
c. Air Conditioning: The lessor shall furnish all equipment and air condi-
tioning facilities and the maintenance thereof, which shall provide adequate
air conditioning suitable for the climatic conditions prevailing at the
Corpus Christi International Airport, and maintain a mean interior tempera-
ture range of 72 to 76 degrees, subject to any restrictions imposed by
Governmental authorities.
•
C]
Lease No. DOT- FA74SW -1216
ATCTJTRACON, AFS 6 GADO
International Airport
Corpus Christi, Texas
Page 5
d. Heating: The lessor shall furnish an adequate heating system of a
capacity to maintain a heating range level within the leased premises of
72 to 76 degrees at all times, through the lessor's owned and maintained
heating facility, subject to any restrictions imposed by Governmental
authorities.
e. Electricity: The lessor shall furnish current for lights, air condition -
iug, communications, and office machines. Replacement of fluorescent tubes,
ballasts, and starters as required. It will be the lessor's responsibility
to dispose of used or replaced fluorescent tubes in a safe manner.
f. Waste and Refuse Pickup: The lessor shall remove and dispose of all
paper and trash collected from the leased premises.
i5. CUSTODIAL SERVICES SPECIFICATIONS.
The lessor shall furnish all labor, equipment, and supplies to provide and
accomplish janitorial services for the leased premises as follows:
I. JANITORIAL SERVICE AREA: SERVICE SCHEDULE
All areas leased Daily 5 days a week
II. 'SERVICE SPECIFICATIONS:
(a) Daily:
(1).-Sweep and wet mop all floors not carpeted and as required buff
waxed floor areas.
(2) Empty ash trays and waste paper baskets.
(3) Dust all office furniture, files, and machines.
(4) Clean rest rooms, male and female, to include mirrors, washbasins,
urinals, and commodes with a combination of cleansers, disinfectant,
and odor preventatives.
(5) Clean and polish both sides of all door glass panes as necessary,
where such doors are installed.
r
Lease No. DOT- FA74SW -1216.
ATCT /TRACON, AFS & GADO
International Airport
Corpus Christi, Texas
Page 6
(6) Clean and disinfect bowl of drinking fountain.
(7) Vacuum carpeted areas and spot clean as required.
(b) Two Week Intervals:
(1) Inspect all interior lighting fixtures, lamps, fluorescent tubes
and starters. Replace when required.
(2) Dust all blinds, decorative or window - covering, as applicable,
and blind heads.
(3) Wax and buff all floor space with a good grade of non -skid wax.
(4) Wash and wipe dry all wastebaskets.
(c) Six-Week Intervals: (All areas).
(1) Strip all old wax from waxed floors and rewax with a good grade of
non -skid wax, and machine buff to a good finish.
(d) Six Month Intervals: (All areas)
:(1) Wash and wipe dry all exterior building windows.
16. CHANGE OF RATES FOR UTILITIES WASTE AND REFUSE PICKUP ONLY.
At the request of either party to this contract, said party having reasonable
cause therefor, the rate set fdrth herein for the above services of $1.74
per square foot for the rentable area shall be renegotiated, and any adjust-
ment so negotiated by mutual agreement shall become effective as of the date
of such supplemental agreement. Provided, however, that any rate so nego-
tiated shall not be in excess of a rate charged to any customer of the lessor
having similar conditions of service.
17. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS.
The lessor agrees that in the event any of the lessor's operations or facilities
located on the demised premises causes interference with the Government's
operations conducted on the leased premises, the lessor shall, upon being
notified by the Contracting Officer, make every reasonable effort to eliminate
the cause of such interference.
•
lg, LISTING OF EMPLOYMENT OPENINGS
(This clause to applicable pursuant to e
CPR eo-260 u this eeattxt te for 09.506 e
tours.)
(a) The contractor agreee, in order to p
Vide Special emphasis to the employment o
qualified disabled veteriona and vat... is e
the Vietnam era, that all Suitable employ-
no"
ot openlngo 01 Ilea coatractor which .ale
at the time of the allocution of this ml,trnc
and those which occur durlug the pertorm
.nee of this contract, Including those no
it by this contrast sad including
those occurring at so establishment other
than the one wherein the contract is being
performed but excluding those of lndepend
stilly operated corporate &MUatee, shell
offend fee luting at m appropriate loon
omen of the Sloe employment Service Syste
whom A the DP@Ring Owurs and to Provide
such reports to such local omd regsrdbi
employment openings sad him as may
mqulrrdr Provided. That if this eontraet te
Inn I— than 610,050 m If It te with a Stela
.N local government the reports act forth In
` paragraphs (C) and Id) are not required.
lb) LWIng of employment apenmgs wltn
lit. employment service evetcill pursuant
In file clnuloe shall be matte at Ieast can.
eurrvnlly with the use of my other recrull-
Inenll .mite or effort and shall tnrolre the
t'nrmal ahllgatlons which attach to the
piarl.hg of a bolls tide Job order, Including
the acceptance of referrals of veterans and
nmvaenns.
This luting of employment
i—lncs dares not require the hirtug of any
Imnteular lob applicant or from nay par-
. It_lar group of lob applicants, and nelh-
lag henln IS Intended to relieve the con.
tt-ltty from any requlreleente In Still
•IalutrA Executive orders, or "Butatbna m-
tarding nondiscrimination to employment
jr) Mae reports required be paragraph lot
..f this elapse shalt Include, but 'tint tie
limited tit, periodic reports which ahall be
Oled at least quarterly with the appmprinls
,,,oml ndtce m. when the contractor has more
Ihan note establishment In a State, with the
nntrnl mites of the State employmo..t
•
Lease No, DOT- FA74SW -1216
ATCT /TRACON, AFS & GADO
International Airport
Corpus Christi, Texas - Page 7
1 (d) Whenever Ze contraet¢e becomes con
r Ine4.&Uy bound by the Ilatlng provulots o
MIS clause, W Shall advise the employment
pro. %-Mt* System In each Biala wherein h
t 4sr eitabli hmente of the name wed location
t at a "h such asta¢luhment In the State.
Inns as the aontraemr le contractually bound
t to three provisions end has &O advised th
t Wale employment System, there fa no need
- to advl" the State system of Subsequent
t runuaeLL The contractor may advise the
aisle System when It I. no longer bound by
thk Contract clause.
(e) This cl.— does not apply to the Ust-
Ing or employment opening& which occur
be sold am Bled outalde of the 20 States, the
1 1 ittrlet Of Columbia, the Commonwealth
of Puerto RICO. Guam, and th&- Vtrgm
IASoda.
11) This clause don not apply to Open -
In6a which the contractor propose& to All
from within his own orpolratlon or to All
Punu&ttt to a customary and traditional
enpleycr -anloh hiring arrs¢gement. This
rvelnaloe does not apply to a partlentO
.gening once as employer deelden to eon.
&Mir applteant& outside of his own organi-
niton or employer -union arrangement for
Uut opening.
(x) All used In this clause:
11) `All suitable employment openings-
lerlidas, but 13 no% limited. to, opening.
which occur in the following lob categories;
Pnduetloa nand timproductlon; plant and
nlaee; laborers; and mechanics; "Pam"
•M nonsupenlaoryt technical; sad esecu.
lire. edminl.trativp and profe"lonal open.
Ingo which ace e®tpensated on & salary
1m 13 of lees than iiiii. D per year, 111e term
Includes f 1 .1; a employment, temporary
•Inployineet of eon thin 9 dap' duraIlon,
cud pat -Um& employment It doq sot !n-
Old. apgatags which the eoniraetor pro.
po.um to All tram within his own organtea-
tloon or to Ali putivant te d auotemary and
traditional employvr.unlon htring srrange-
trnirv. Such reports ohau Indicate for each 191 "Appropriate. ol9eo of the State
e Lslellsbmvnt (1) the number of Indlvldnela pluynlvnt Twin system° r11eans W I
who ware hired during the reporting period, omtr of the Pederal -States national .yes
till U's number of those hired who were dal. of pliblle vmpinyment ore "s vllb a "11
aided veteran., and (111) the number of respotultilllly fur ""Jug the aces of
-, th.se hired who wen nondleabled veterans "t.blldnment ahem the employment 01
it the Vletnam em. The contractor shall sub- 1ng is ID be filled. Including the Dletrk
tilt a report within 30 day. star the end rnluonbin, the Commonwealth of Pu
.d each reporting period wherein my per. Illen. (Ilonm, and the VIrg11I Islands,
foamonee le made under this contract. The (31 - Oln..ninge which the contractor I
moiLl ctor shall maintain copies of the re- po—i In till ham vllhln his osn orgmn
runts Submitted until the expiration Of I then" menial employment opening. for wl
gar after final payment under the eentnrt, err .mewldrmtlon wall I,. glveln to pro
'durin g which time they shall be made avail- uuivide the rotltractare own orgeulm
aide, upon request. far examination by any 111"11dltig any adlllatle anb.tdlhrlmo,
authorized representatives of the mntr.rl- ;mirnt n.npa¢les), and 6ciudes any of
Ing -Meer m of the Secretary of Isbur. Inpn whh•h the contractor propo.m to
fn.n regularly established "recall" or '
_ Ito "U.le,
19. EXAMINATION OF RECORD§ BY CO:7MOL= GENERAL
N) "q*nings which the eoutr"tor prn-
paws& • • to All pumumt to a tuAnnmry
moot trndlttonal employer -unto¢ htrlhg ar-
c mugi`mm�t" means employment upening. fur
which uo consldaratlo. will be glven to per.
All nuns mltakla of o special hiring arrange.
meat. including opening& which the eoutrac.
e 'tar prelim" to An from union halls, which
Is part of the customary and traditional
hiring "Itittonehlp which exist$ between
the Conlraetor and representatives of his
employees,
13) "Dleabled veteran" mema a perum
entitled to dlsablllty compensation under
Inv. ndmildatered by the Voterms Admmes-
tmtbn for. disability rated at 30 flormatum
or no * or a potion who" dlwharge or re-
lea /mm actlas duty was for a disability
Incurred w aggravated In line of ditty.
10) "Veteran of the Vietnam are means to
pemon IA) who 11) "rued on aeon duty
with the Armed Form for a period of more
than 120 days, my pat of which occurred
after August B, 1051, and wait discharged or
released tharefrem with other then . dls-
horlora ile dleeharge, or (11) was discharged
or released from active duty for "rvlm -eon-
neeted dteabUlty If any part or well duty
was Part ft after August B, 1094, and (B)
who wait so dhelmrged or "leased within
the 40 months preceding his loppllmuon for
emplayment covered by this clause,
(b) It any disabled veteran or veteran of
the Vteldawn era believe. that the contractor
(or tiny Arvt -tier subcontractor) has failed
or refuses to compy, with the provolone of
this Contract Clause relating to giving spa.
clal emphasis in employment to votemns,
such veteran may Ale a complaint with the
veterans' employment milmontauva at a
lace, state employment service omca who
Will attempt to 1¢formally resolve the com.
plaint and then later the complaint with a
report m the attempt to f—IVe the matter
to the State omd of the Veterme' Employ.
men% service of the Dipartmept of Labor.
Such Complaint shall than be promptly n.
famd tilroogh the 94091011-1 almpower Ad.
mmle nt"Ot" to the Secretary of Tabor who
shall investigate Such ommplslut and shall
take such action thmeorl as the facts sod
circumstances warrant consistent with the
terns of this contract and the law and rag -
ulatonS 1.pplleabis thereto,
(1) The contractor egress to place this
Blouse (excluding this paragraph (1)) in my
subcontract dbwUr under this contreet.
(a) Tdle clause is applicable It the umoant (a) the contractor Rtrtbsr &.rtes f9 '(n.
of tau rontmwcL exceeds 09A00 cad ma. en. elude In oil his subcvatmot& hms®dar a
tend Into by means of negotiation, ineloiding proV� to the Shave that the aubeen ooe.
small buslntom restricted advertising, but is Scu ograft that the Gomphollar Demist of
Suit applicable If this contract was gattind the anitvd DWSe ee �7 raj QYiV r'.Sly entSC7v'
Into by meow of lormel advertising. '^ reprte = ttv r teyxji, tmia rat 0=b-e-
(b) The Contractor agr :eS tbat the Cam¢ lion of 9 71— tit -Rana yaymcal nndvr.the
troller General of the united atates or my mbeoatrsot or dbcA Serarr-� mad is
of Ills duly authorised rep emafati,m sheu, etthn Allpithdix 2f od 4Ssi .4r'ti it rs'r'riu`e
Until the expiratloa o1 a yearn offer Anal i7rwwmceat It.- 4ubatipa rs Ly011'a_st'a1 pre„
payment under this ooatrsee err such Iesxr�.mramenttUatyop& part' �I--A ei agate.
time spa m In either Appe11dtl m of floe prtst.% bar» �'to nitd 7•,,� gtv t �,
Armed fianlo» Pnoeu itvunt Ice jttlailoa or axamins say dLaC'7 °Jrrtlatm;i7>eo $ h isocu.
the ybdervl Reeuremeat Reylilatlobe Part menu. i »r>erv, and moMA -2 of tech ftbom
I-20. m appropriate, hew act," to and tha tractor. lnvd117g tritntsatlapa rstSitd to spa
tight to examine soy dimely pertinent books. aubomtraat. TO& term -vbM r.% dt? are aye e
documents, p+pen, cad records of the ten. is this ataoAV oxWdee (1) ptveaa„ order
tr -$tor Involvtgs troonstactl.Y related to Me a" alcooding 52.&00 and (9). ptiAau�7sotas+t
contract. _
or plu'abs" otdab'"If V421116 W;fft earlw
at rates setabl Ior-yoolgvypllesbLl7
to iha Asaarsl publlR'« •. ty .
(dl The Dorlolb& � aoceL etiffe79mfnatlon
desatbed cat 2) alai (e).'aamr; Ycstocmds
pates ia3me .a (I) eL�.jta29S'L� •'L'"J-
pdtes° eL74.'ADS fah tadtivwY. (9) YIC"1i- Lion
or the tatr*011M6 td sale. wwxq otg.rr the
pOr'*rre - ",v. Cf this cantrxot, Ca; (3) outs.
`tad B>•p5nasa IK Lt' 'i epf.!C! ai W 7,1�.a7
Co7U= hva b"m cases by. Stint COMO=ULM
"en' tatt7nit,, 1113a WoLdr a tmttl 9(W'a '+�D
U ttastiont, e, ar�t�rpcJO�Oj, g(Srb.baan
•
•
Lease No. DOT- FA74SW -1216
ATCr /TRACON, AFS & GADO
International Airport
Corpus Christi, Texas
Page 8
20. FUNDING RESPONSIBILITY CLASS I - II FACILITIES
The airport owner agrees that any relocation, or replacement,
or modification of any Federal Aviation Administration Class I or
II facility, or components thereof, as defined below, covered by
this contract during its term or any renewal thereof made necessary
by airport improvements or changes which impair or interrupt the
technical and /or operational characteristics of the facilities will
be at the expense of the airport owner; except, when such improvements
or changes are made at the specific request of the Government. In
the event such relocations, replacements or modifications are
necessitated due to causes not attributable to either the airport
owner or the Government, funding responsibility shall be determined
by the Government.
CLASS I FACILITIES
Remote Transmitter /Receiver (Tower) Visual landing Aids
Airport Traffic Control Tower Direction Finding Equipment
Airport Surveillance Radar VOR, TVOR &'VORTAC
J Airport Surface Detection Equipment (Instrument Approach)
Precision Approach Radar Weather Observing & Measuring Equip.
IIS and Components (awned & operated by FAA)
ALS and.Components Central Standby Pacer Plant
CIASS II FACILITIES
Long Range Radar VOR and VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Station
Peripherals (Remote Control Remote Communications Outlet -
Air- Ground Communication Facility) Limited Remote Communications Outlet
Other en route facilities
•
•
GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS
DOT— FA74SW -1216
U.S. Government Lease for Real Property ATcr /TRACON, AFS & GADO
Corpus Christi, Texas
GENERAL PROVISIONS
1. SUBLMINO THE PREMISES.
The Government may sublet any part of the premises but
shall not be relieved from any obligations under this lease
by reason of any such subletting.
2. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including
the building and any and all equipment, fixtures, and ap-
purtenances, furnished by the Lessor under this lease in
good repair and tenantable condition, except is case of
damage arising from the act or the negligence of the Gov-
ernment's agents or employees. For the purpose of so main-
taining said premises and property, the Lessor may at
reasonable times, and with the approval of the authorized
Government representative in charge, enter and inspect the
same and make any necessary repairs thereto.
3. DAMAGE BY FIRE 09 OTHER CASUALTY.
If the Bard premises be destroyed by fire or other casualty
this lease shall immediately terminate. In case of partial
destruction or damage, so as to render the premises unten-
antable, as determined by the Government, the Government
may terminate the lease by giving written notice to the
Lessor within fifteen (15) days thereafter; if so terminated
no rent shall accrue to the Lessor after such partial de-
struction or damage; and if not so terminated the rent shall
be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
4. ALTERATIONS.
The Government shall have the right during the existence
of this lease to make alterations, 4ttach fixtures and erect
additions, structures or signs in or upon the premises hereby
leased, which fixtures, additions or structures so placed in,
upon or attached to the said premises shall be and remain
the property of the Government and may be removed or
otherwise disposed of by the Government.
5. Co..NDIT70N REroRr.
A joint physical survey and inspection report of the de•
raised premises shall be made as of the effective date of this
lease, reflecting the then present condition, and will be signed
on behalf of the parties hereto
6. COVENANT AGAINST CONTINGENT FEES.
The Lessor warrants that no person or selling agency has
been employed or retained to solicit or secure this lease upon
an a ment or understanding for a commission, percent.
age, brokerage, or contingent fee, excepting bona fide em-
ployees or bona fide established commercial or selling agencies
maintained by the Lessor for the purpose of securing busi-
ness. For breach or violation of this warranty the Govern-
ment shall have the right to annul this lease without liability
or in its discretion to deduct from the rental price or con-
sideration, or otherwise recover, the fall amount of such
commission, percentage, brokerage, or contingent fee. (Li-
censed real estate agents or brokers having listings on prop-
erty for rent, in accordance with general business practice,
and who have not obtained such licenses for the sole purpose
of effecting this lease; may be considered as bona fide em-
ployees or agencies within the exception contained in this
clause.)
7. OFFIety s Nor To BEN w.
No Member of or Delegate to Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
contract, or to any benefit that may arise therefrom' but
this provision shall not be construed to extend to this lease
contract if made with a corporation for its general benefit. .
& ASSIGNMENT OF CLAIMS.
Pursuant to the provisions of the Assignment of Claims
Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if
this lease provides for payments aggregating $1,000 or
more, claims for monies due or to become' due the Lessor
from the Government under this contract may be assigned
to a bank, trust company, or other financing institution,
including any Federal lending agency, and may thereafter
be further assigned or reassigned to any such Institution. Any
such assignment or reassignment shall cover all amounts pay-
able under this contract and not already paid, and shall not
be made to more than one party, except that any such assign-
ment or reassignment may be made to one party as agent
or trustee for two or more parties participating in such fi-
nancing. Notwithstanding any provisions of this contract,
payments to an assignee of any monies due or to become
due under this contract shall not, to the extent provided in
said Act, as amendedwbe subject to reduction or set -off.
EquAL OPPORTUNITY CLAUSE.
(The following clause is applicable unless this contract is
exempt under the rules, regulations, and relevant orders of
the Secretary of Labor (41 CFR, ch. 60).)
During the performance of this contract, the Contractor
agrees as follows:
(a) The Contractor will not discri irate against any em-
ployee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without
regard to their race, color, religion, see, or national origin
Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for train-
ing, including apprenticeship. The Contractor agrees to post
in couspicuous places, available to employees and applicants
for employment, notices to be provided by the Contracting
Officer setting forth the provisions of this Equal Opportunity
clause.
(b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin
(c) The Contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargain-
ing agreement or other contract or understanding, a notice,
to be provided by the agency Contracting Officer, advising the
labor union or workers' representative of the Contractor's
commitments under this Equal Opportunity clause, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Ex-
ecutive Order No. 11246 of September 24, 1965, and of the
- rules, regulations, and relevant orders of the Secretary of
Labor.
(e) The Contractor will furnish all information and re-
ports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, one orders of the
Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting
Standard Fens 2-A
Genets Sew— AdW hb�da "R (41 an 1- 16.601
may 1970 FAdoA
zaoa
•
agency and the Secretary of Labor for purposes of investiga-
tion to ascertain comp with such rules, regulations, and
orders.
(f) In the event of the Contracbn's noncompliance with
the Equal Opportunity clause of this contract or with any
of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended, in whole or in part,
and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures author-
ized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies in-
voked as provided in Executive Order No. 11246 of Septem-
ber 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of pars=
graphs Sa) through (g) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Execu-
tive Order No. 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-
contract or purchase order as the contracting agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in the
event the Contractor become involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the contracting agency, the Contractor may
request the United Stars to enter into such litigation to
protect the interests of the United States.
10. FAcmiTM9 NONDISCRIMINATION.
(a) As used in this section, the term "facility" means
stores, shops, restaurants, eafeterias, restrooms, and any
other facility of a public nature in the building in which the
space covered by this lease is located. -
(b) The Lessor agrees that he will not discriminate by
segregation or otherwise against any person or persons be-
cause of race, color, religion, sex, or national origin in
furnishing, or by refusing to furnish, to such person or
persons the use of any facility, including any and all services,
privileges, accommodations, and activities provided thereby.
Nothing herein shall require the furnishing to the general
public of the use of any facility customarily furnished by the
Lessor solely to tenants, their employees, customers, patients,
clients, guests and invitees.
(c) It is agreed that the Lessor's noncompliance with the
provisions of this section shall constitute a material breach
of this lease- In the event of such noncompliance, the Gov-
ernment may take appropriate action to enforce compliance,
may terminate this lease, or may pursue such other remedies
as may he provided by law. In the event of termination, the
Lessor shall he liable for all excess costs of the Government
in acquiring substitute space, including but not limited to
the cost of moving to such space. Substitute space shall be
obtained in as close proximity to the Lessor's building as is
feasible and moving costs will be limited to the actual ex-
this section in any existing agreement or concession arrange- .
ment or one in which the contracting party other than the
Lessor has the unilateral right to renew or extend the agree-
ment or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew
or extend. The Lessor also agrees that it will take any and
all lawful actions as expeditiously as possible, with respeet to
any such agreement as the contracting agency may direct, as
a means of enforcing the intent of this section, including, but
not limited to, termination of the agreement orconcession and
institution of court action. .
(Nm�. —This provision is applicable if this lease w
tinted without advertising.)
(a) The Lessor agrees that the Comptroller erel of the
United States or any of his duly authoriz representatives
shall, until the expiration of 3 yea ter final payment
under this lease, have attess to aru a right to examine any
directly pertinent books, docu ts, pa era, and records of
the Lessor involving trans ons related to this lease.
(b) The Lessor fort agrees to include is all his subcon-
tracts hereunder a vision to the effect that the subcontrac-
tor agrees that Comptroller General of the United States
or his rep tatives shall, until the expiration of 3 years
after 5 payment under this lease with the Government,
hav cess to -and the right to examine any directly pertinent
o. dnrnments. naners. and records of such subcontractor
12. APFUCABLE CODES AND ORDINANCES .
The Lessor, as part of the rental consideration, agrees to
comply with all codes and ordinances applicable to the own-
ership and operation of the building in which theleased space
is situated and, at his own expense, to obtain all necessary
permits and related items.
13. INSPECTION -
At all times after receipt of Bids, prior to or after accept-
ance of any Bid or during any construction, remodeling or
renovation work, the premises and the building or any parts
thereof, upon ieasonable and proper notice, shall be accessi-
ble for inspection by the Contracting Offices, or by architects,
engineers, or other technicians representing him, to deter -
mme whether the essential requirements of the solicitation or
the lease requirements are met _
14. Ecoxobm Acr LI=ATION.
If the rental specified in this lease exceeds $2,000 per
annum, the limitation of Section 322 of the Economy Act of
1932, as amended (40 U.S.C. 273a), shall apply. -
15. FAMVRE IN PERFORMANCL
In th t f failure b the Lessorto provide any service
.hereof as incurred.
t is further agreed that from and after the date
a even o I
utility, maintenance or repairs required under this lease, the
Government shall have the right to secure said services,
;he Lessor will, at such time as any agreement is to
utilities, maintenance or repairs and to dedact the cost
.ed into or a concession is to he permitted to operate,
or require the inclusion of the foregoing pro visions
thereof from rental payments.
section in every such agreement or concession par-
1 which any person other than the Lessor operates or
16. LESSOH's SuceFSSOas. - �-
'
right to operate any facility. Nothing herein con-
The terms and provisions of this lease and the conditions
Lessor's heirs,
however, shall be deemed to require the Lessor to
or require the inclusion of the foregoing provisions of
herein shall bind the Lessor, and the executors,
administrators, successors, and assigns. -
CERTIFICATION -
1. CERTIFICATION OF NONSEGREGATED FACILITIRS. By the submission of this bid, the bidder, offeror, applicant,
(Applicable to (1) conttaets, (2) sabcontracls, and (3) or subcontractor certifies that he does not maintain or pro-
agreements with applicants who are themselves performing vide for his employee any segregated facilities at any of his
federally assisted construction contracts, exceeding $10,000 establishments, and that he does not permit his employees to
which are not exempt from the provisions oP the Equal perform their'services at any location, under his control,
Opportunity clause.) - where segregated facilities are nminP Ined. He certifies for
sdndard Ferie a-A
Mar 1910 Mtt-
•
' + ther that he will not maintain or provide for his employees
prior to the award of subcontracts exceeding $10,000 which
' p.ny segregated facilities at any of his establishments, and
are not exempt from the provisions of the Equal Opportunity
th athewlll not permit his employees to perform their services
clause; that he will retain such certifications in his files;
at any location, under his control, where segregated facilities
and that he will forward the following notice to such pro-
are maintained. The bidder, offeror, applicant, or subcon•
posed subcontractors (except where the proposed subcon-
tractor agrees that a breach of this certification is a violation
tractors have submitted identical certifications for specific
of the Equal Opportunity clause in this contract As used in
time periods) :
this certification, the term "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, res-
NOTICE TO FROSFECrrwE SUaCONTRACTORS OF REQUIREMENT FOR
taurants and other eating areas, time clocks, locker rooms and
CERTIFICATIONS OF NONSEGREGATED FAC ITI'a
other storage or dressing arms, parking lots, drinking foun-
tains, recreation or entertainment areas, transportation, and
ti e ti must be sub-
housing
housing facilities provided for employees which are segre-
gated by explicit directive or are in fact segregated on the
muted rior the award a subcontract exceeding 0
P
which is not exempt from the provisions of the Equal Oppor-
tunity clause The certification may be submitted either for
basis of race, color, religion, or national origin, because
of habit, local custom, or otherwise. He farther agrees that
each subcontract or for all subcontracts during a period (Le.,
(except where he has obtained identical certifications from
quarterly, semiannually, or annually).
proposed subcontractors for specific time periods) he will ob-
NOTE: The penalty for making false statements in offers
tain identical certifications from proposed subcontractors
is prescribed in 18 U.S.C. 100L
NOTE.—The penalty for =&king false statements in offers is prescribed in 18US.C.1001.
INSTRUCTIONS
1. Whenever the lease is executed by an attorney, agent,
and title of the officer or other person signing the lease on
or trustee on behalf of the Lessor, two authenticated copies
its behalf, duly attested, and, if requested by the Government
of his power of attorney, or other evidence to act on behalf
evidence of this authority so to act shall be furnished.
of the Lessor, shall accompany the lease.
2 When the Lessor is a partnership, the names of the
the firm be stated in the body of the
4. When deletions or other alterations are made specific
notation thereof shall be entered under clause 8 of the lease
partners composing shall
lease. The lease shall be signed with the partnership name,
followed by the name of the partner signing the same.
before signing.
fining.
b. If the property leased is located in a State requiring
3. Where the Lessor is a corporation, the lease shall be
the recording of leases, the Lessor shall comply with all such
signed with the corporate name, followed by the signature
statutory requirements at Lessor's expense.
3
uasovaaamararnme+cmw.uo- :iwo mMn
standard Farm r-A
nrav 1990 Edict-
----
Lease No. DOT- FA74SW -1216
ATCT /TRACON, AFS & GADO
International Airport
Corpus Christi, Texas
CORPORATE CERTIFICATE
certify that I am the
Secretary of the corporation named in the
attached agreement, that , who
signed said agreement on behalf of the corporation was then
of said corporation; that said agreement was duly signed
for and iu behalf of said corporation by authority of its governing body
and is within the scope of its corporate powers.
Dated this day of , 1974.
CORPORATE SEAL Signed:
Date
City Attorney T. Ray Bring, City Secretary.
i
Corpus Christi, Texas
Td.y of 19 / 7"
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
(:�I_ ��
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark