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Home My WebLink About12909 ORD - 11/19/1975 (3)JRH:hb:11/17/75:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE FEDERAL AVIATION ADMINISTRATION LEASE #DOT - FA76SW -1082 PROVIDING FOR THE LOCATING OF A VAN MOUNTED ENGINE GENERATOR UNIT ADJACENT TO THE CONTROL TOWER AT - CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TERM OF ONE YEAR BEGINNING ON JULY 1, 1975 AND ENDING ON JUNE 30, 1976, ALL AS MORE FOLLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A"; AND DECLARING AN EMERGENCY. CHRISTI, TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS SECTION 1. That the City Manager be and he is hereby authorized to execute Federal Aviation Administration Lease DOT- FA76SW -1082 providing for the locating of a van - mounted engine generator unit adjacent to the control tower at Corpus Christi International Airport for a term of one year, beginning on July 1, 1975 and ending June 30, 1976, all as more fully set forth in the lease, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid lease at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED,, this the / ef day of )g&=2 , 1975. ATTEST: &'e�e C SecretAry MA OR ,.ul_ THE CITY OF ORPUS CHRISTI, TEXAS APPROVED: DAY OF , 1975: 4- , City Attorney 129®g I• DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 LEASE Lease No.: DOT- FA76Sw -1082 Van - Mounted Engine Generator & Underground Fuel Tank International Airport Corpus Christi, Texas between CITY OF CORPUS CHRISTI, TEXAS and THE UNITED STATES OF AMERICA This LEASE, made and entered into this day of in the year one thousand nine hundred and seventy -five by and between THE CITY OF CORPUS CHRISTI, TEXAS International Airport whose address is Route 2, Box 902 Corpus Christi, Texas 78408 for itself, its //1j91iftjgW WWAOA /W ftf vW 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 July 1, 1975 and ending June 30, 19 76 , the lessor hereby 1k651ds�tdkY�k/ 6�d�4dzi¢ pflid/ F6Ylkd$/ d' e�kfibkd/ ti�di�s; /11df�r5tks•k�t7kd/t3�k /��eini� iAN, /7Cryr/:1 grants the Government the right to use in common with others a portion of an area for the installation of a van - mounted engine generator, underground fuel tank, and cabling, all as more particularly shown on Drawing No. SW -C -8517 attached hereto and made a part hereof. The Lessor agrees that his operations in this area will at no time be permitted to interfere with the operation of the Government's facility. FAA FORM 4423 -2 (1iao) SDPUMES FAA FORM 413 Page 1 vl T , C: Lease No.: 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 @V(jt¢ "AltlEl ibye/yi1S¢ /c1Irloo/114Wf9VWoWAJ electric power, and telecommunications facilities to the premises; and right- of- w %&%!ubsurface power, communication and water lines to the premises; all rights -of -way to be eves 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. c. And the right to make alteratipns, 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. wise upon the terms and conditions herein specified. The Government's optio eemed exercised and the lease renewed each year for 1 year unless ent gives the lesson 30' days written notice that it will not exercise ' e ore this lease or any renewal thereof expires; PROVIDED, that ereof shall extend the period of occupancy of the prem- ises beyond y of June 19 ; AND PROVIDED FURTHER, that adequate appropri- 3. 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 ,(f///////////////Y/ Yqi /ytjy�bS�bttlh/i3►'L4iv��/f6d�e kd1H/ facilities upon the premises hereby leased. 01ll/llllll/llllYW11MI01PAN 4. The Government may terminate this lease, in whole or in part, at any time 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. 5. 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 L J Lease No.:DOT- FA76SW -1082 EG & U/G Fuel Tank Corpus Christi Tnt'l. Arpt. 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. 7. The Government shall surrender possession of the premises upon the expiration or the effective date of termination of this lease. If the lessor, by written notice at least 90 days before the expiration or the effective date of termination requests restoration of the prem- ises, the Government at its option shall within ninety (90) days thereafter, or within such addi- tional time as may be mutually agreed upon, either (1) restore the premises to as good condition as that existing at the time of the ,Government's entering upon the premises under this lease (changes to the premises in accordance with paragraph 1 above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Clause 8 of this lease. 8. (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the lessor. The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the lessor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary, Department of Transporta- tion. The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdic- tion to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceed- ing under this clause, the lessor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the lessor shall proceed dili- gently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Page 3 • Lease No.:DOT- FA765W -1082 EG & U/G Fuel Tank Corpus Christi Intl. Arpt. 9. This lease is subject to the additional provisions set forth below, which are made a part hereof, and identified as follows: Articles 10, ]ld 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 CORPUS 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. .13Y: R. Marvin Townsend Title- City Manager (Lessor) (Lessor) --------- ---- --- ------ -------- - -- - -- - (Mortgagee) - — (L —) ' -- ATTEST: City Secretary THE UNITED STATES of AMERICA APPROVED: $ City Attorney MICHEL D. HINT ON / (IRbfw / ate._ Contracting Officer Page 4 .... ............. "-- • Lease No. DOT- FA76SW -1082' EG & U/G Fuel Tank Corpus Christi Iut'l. Airport Corpus Christi, Texas 10. 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) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar 11S and Components ALS and Components Visual landing Aids Direction Finding Equipment VOR, TVOR & VORTAC (Instrument Approach) Weather Observing & Pleasuring Equip. (owned & operated by FAA) Central Standby_Power Plant CLASS II FACILITIES Long 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 an route facilities • Lease No. DOT- FA76SW -1082 EG & U/G Fuel Tank Corpus Christi Intl. Airport Corpus Christi, Texas 11. RENEWAL OPTION: This lease may, a the option of the over�ent, be renewed from year to year and otherwise u, the terms and onditions herein specified, The Government's option shall a deemed ex cised and the lease renewed each year for one (1) year unle the Gave ent gives the Lessor thirty (30) days' written notice that i will exercise its option before this lease or any renewal thereof expir ; VIDED, That no renewal thereof shall extend the period of occupanc the premises beyond the thirtieth (30th) day of September, 1985. The itial term of this lease shall be as stated in Article 1; subsequent t if the renewal rights of this said article are exercised are: July , 1976 through September 30, 1976; October 1, 1976 through Septembe 0, 1977; d thereafter from October 1 through September 30 of suc eding fiscal are. 12. ADDITIONS AND DELETIONS: The words "heirs, executors, administrators" were deleted from paragraph 1; The portion beginning with "leases" and ending with "viz.:" was deleted from Article 1; Article 2 was deleted in its entirety; The portion beginning with "($)" and ending with "or vouchers" was deleted from Article 3; and Articles 10, 11 and 12 were added hereto and made a part hereof prior to execution by either of the parties hereto. 0 Lease No. DOT- FA76SW -1082 Van - Mounted Engine Generator & underground Fuel Tank International Airport Corpus Christi, Texas CORPORATE CERTIFICATE 1, , certify that I am the of the Corporation named as Lessor in the foregoing lease; that was then , who signed said lease on behalf of the Corporation thereof; that said lease was duly signed for and in behalf of said Corporation by authority of Sts governing body and is within the scope of its corporate powers. Dated this day of CORPORATE SEAL Signed . 1975. r • CORPUS CHRISTI, TEXAS DAY OF PI417/ p I9-a- 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 NEFESSITY 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; 1, 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, THE CIN OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE MES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR, EDWARD L. SAMPLE