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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