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HomeMy WebLinkAbout12397 ORD - 12/18/1974JRR:VMR:11- 13- 74;1sT TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE UNITED STATES OF AMERICA FOR USE BY THE U. S. GOVERNMENT IN ESTABLISHING AN OUTER MARKER FACILITY AS A PART OF THE INSTRUMENT LANDING SYSTEM OF RUNWAY 35 OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "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 TO EXECUTE A LEASE WITH THE UNITED, STATES OF AMERICA FOR USE BY THE U. S. GOVERNMENT IN ESTABLISHING AN OUTER MARKER FACILITY AS A PART OF THE INSTRUMENT LANDING SYSTEM OF RUNWAY 35 OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR THE TERM BEGINNING SEPTEMBER 9, 1974' AND ENDING JUNE 30, 1975, ALL AS MORE FULLY SET FORTH IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". 12397 *I DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 LEASE between CITY OF CORPUS CHRISTI, TEXAS and THE UNITED STATES OF AMERICA Lease No.: DOT- FA75SW -1163 Outer Marker Site, RW 35 Corpus.Christi International Airport Corpus Christi, Texas This LEASE, made and entered into this day of In the year one thousand nine hundred and seventy -four by and between CITY.OF CORPUS CHRISTI, TEXAS Corpus Christi International Airport whose address is Route 2, Box 902 Corpus Christi, Texas 78410 for itself, its successors, and assigns, hereinafter called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning Sept. 9, 1974 and ending June 30, 19 75 , the lessor hereby leases to the Government the following described property, hereinafter called the prem- ises, viz: SEE PAGE la for PLOT DESCRIPTION FAA FORM 4423 -2 nTao) sup Fs FAA Fou sm Page i Z--* ; 6,t IA„ Lease No. DOT- FA75SW -1163 Outer Marker Site, Runway 35 Corpus Christi International Airport Page Is Corpus Christi, Texas SITE DESCRIPTION Being an irregular shaped tract of land out of the North � of Section 11, Laureles Farm Tracts as shown by map of record in Volume 3, Page 15, Nueces County, Texas, Map Records, and being out of that certain tract of land in the name of E. R. Russell as described in Volume 317, Page 15, Deed Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at an axle set in the centerline of 40 foot wide County Road No. 47 which marks the Southeast corner of the North � of said Section 11, Laureles Farm Tracts; Thence S89 150'30 11W a distance of 20.0 feet to a point in the West Right -of- Way line of said County Road No. 47 for the Southeast and beginning corner of the herein described tract of land; Thence continue S89 °50'30 11W a distance of 7338.40 feet along the South line of the North � of said Section 11 to a 1" iron pipe set for the Southwest corner of this tract; Thence NO °09'15 11W a distance of 80.0 feet to a 1" iron pipe set for the Northwest corner of this this tract; Thence N89 °50'30 "E a distance of 50.0 feet along a line that is 80.0 feet North of and parallel to the South line of the North k of said Section 11 to a:,:l" iron pipe; Thence SO °09'15 11E a distance of 50.0 feet to a 1" iron pipe set for an interior corner of this tract; Thence N89 °50'30 "E a distance of 2288.40 feet along a line that is 30.0 feet North of and parallel to the South line of the North i of said Section 11 to a 1" iron pipe set in the West Right-of-way line of said County Road No. 47; Thence SO °09115 "E a distance of 30.0 feet along the West Right-of-Way line of said County Road No. 47 to the place of beginning and containing 72,652 square feet or 1.668 acres. As more particularly shown on Department of Engineering & Physical Development drawing, dated Aug. 30, 1974, marked E%HIBIT "A" attached hereto and made a part hereof. Lease No.: >jOToFA75SW -1163 0 /M, Corpus Christi, Texas a. Together with a right -of -way for ingress to and egress from the premises; a right -of -way or rights -of -way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of -way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. r- And the right to make alterations, attach fixtures, and erect additions, structures, or signs, In or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the effective date of termination of this lease, or within 90 days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said fixtures, additions, structures, or signs. 2. This lease may, at the option of the Government, be renewed from year to year and other- wise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for 1 year unless the Government gives the lessor 30 days written notice 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 prem- ises beyond the 80th day of June 19 94 S. The Government shall pay the lessor for the premises no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Govern- ment in its establishment, operation and maintenance of is facilities upon the premises hereby leased, 4. The Government may terminate this lease, in whole or in part, at anytime by giving 30 days notice in writing to the lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. B. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. Nothing, however, herein contained, shall be con- strued to extend to any incorporated company if the lease be for the general benefit of such cor- poration or company. Page 2 Lease No.: DOT— FA75*3 0 /M, Corpus Christi, Tex. 6. The lessor warrants that no person or selling agency has been employed or retained to so- licit or secure this lease upon an agreement or understanding for a commission, brokerage, percent- age or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from the contract price or consideration, the full amount of such commissions, brokerage, percentage, or contingent fee, effective date of termination of this lease If the lessor, by written notice at least days before the expiration or the effective date of termination requests rector of the prem- ises, the Government at its option shall within ninety (90) days there , or within such addi- tional time as may be mutually agreed upon, either (1) restor premises to as good condition as that existing at the time of the Government's en upon the premises under this lease (changes to the premises in accordance with p aph 1 above, ordinary wear and tear, damage by natural elements and by circums ver which the Govrww` ent has no control, excepted) or (2) make an equitable adj n in the lease amount for t of such r estoration of the premises or the dimin ' oP the value of the premises if unr, whichever is less. Should a mutually a e settlement be made hereunder, the parties shall enter into a supplemental agree ereto effecting such agreement Failure to agree to any such equitable adjustment shall fact arising under this contract which is not disposed of by agreement shall be decid the Contracting Officer, who shall reduce his decision to writing and mail or otherwi nish a copy thereof to the lessor. The decision of the Contracting Officer shall be fm conclusive unless within 30 days from the date of receipt of such copy, the lessor or otherwise furnishes to the Contracting Officer a written appeal addressed to the etary, Department of Transporta- tion. The decision of the Secretary or his duly a ed representative for the determination of such appeals shall be final and conclu ' ass determined by a court of competent jurisdic- tion to have been fraudulent, or ca ' ' us, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not sup by substantial evidence. In connection with any appeal proceed- ing under this claus es shall be afforded an opportunity to be heard and to offer evidence In support o ppeal. Pending final decision of a dispute hereunder, the lessor shall proceed dili- gentl the performance of the contract and in accordance with the Contracting Officer's with decisions provided for in paragraph (a) above• in this contract shall be construed as ion of any administrative official, representative, or a— s »esksc -�f 1nR Page 3 Lease No.: DOT•- FA7563 0/M Site, Runway 35 Corpus Christi, Texas 9. This lease is subject to the additional provisions set forth below, which are made a part hereof, and identified as follows: Articles 109 11, and 12 follow the signatory page. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage, dated CITY OF CORMS CHRISTI, TEXAS recorded in Liber . pages --_, against the above - described premises, the un- dersigned hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is foreclosed, the foreclo- sure shall not void the lease. gy. R. Marvin T@sd Tula• City Manager (Caesar) (Lasso*) (Lessor) (Lessor) THE UNITED STATES OF AMERICA sy MIL -)7 Qa • �f akts J �idotap Title : Contracting Officer Pap 4 Lease No. DOT- FA75SW -1163 Outer Marker Site, Runway 35 Corpus Christi International Airport Corpus Christi, Texas 10. FUNDING RESPONSIBILITY CLASS I - II FACTT- MS 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 Goverment. CLASS I FAC=IES Remote Transmitter /Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar ]IS and Components ALS and Components Visual Lauding Aids Direction Finding Equipment VOR, 7VOR 6 VORTAC (Instrument Approach) Weather Observing & Measuring Equip. (owned 6 operated by FAA) Central Standby Power Plant CLASS II FAC77.TTIES Lang Range Radar Air Route Traffic-Control Centers Peripherals (Remote Control Air - Ground Communication Facility) VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other en route facilities Lease No. DOT- FA759W -1163 Outer Marker Site, Runway 35 Corpus Christi International Airport Corpus Christi, Texas 11. NON - RESTORATION: It is hereby agreed between the parties that, upon termination of its occupancy, 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 abandonment will be conveyed to the Lessor in writing. 12. ADDITIONS AND DELETIONS: The words "heirs, executors, administrators" in the first paragraph on page 1 were deleted; and that portion of Article 2 beginning with "AND PROVIDED FURTHER" and ending with "payment of rentals" has been deleted; and that por- tion of Article 3 beginning with "($)" and ending with "without submission of invoices or vouchers" has been deleted; and Articles 7, 8(a) and 8(b) were deleted in their entirety; and Articles 10, 11, and 12 were added hereto and made a part hereof prior to execution by either of the parties hereto. CORPORATE CERTIFICATE I, , certify that I am the of the corporation named in the above lease; that , who signed said lease on behalf of the corporation was then thereof; that said lease was duly signed for and in 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: That the foregoing ordinance was read for the first time and passed to its second reading on this the day of�, 19, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinan was read fo the second time an passed to its third reading on this the ZNay of 19 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the fore o ng ordinance s re for the hard time and passed finally on this the day of 19 �, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the ATTEST: 4tycretary APPROVED: _DAY OF Y W Y 19 —1d lNdWSNO� ., ASS%City Attorney I of THE CITY OF CORPUS CHRISTI, - Corpus n N.V-V.% 20.0•. ° - - � �• 1 �'-pl i _ 2 ¢' .fie I} � S'' .� 30' '' r "Corpus Christi Area ��NE INCH EOUALS ABOUT 2.5'.MILES.?:— ••�:- �.t. -, Rc 50 '09VI-C-1 30.0' COUNTY /�0'd'v 4/0. d7 o �- �. Corner 0f Nor h M of .,, y . -5e� //, Loure /es Form Trocls CITY OF CORPUS CHRISTI, TEXAS. DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION. OWNER: L DESCRIPTION; �i�oiian. /n5,- �s�cn /lcnc:�oS> > %�,n5i;re PROJECT:�iroor�/3on� DATE � iiuO, /974SCALE : l" = GOr BY; /J i.'