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HomeMy WebLinkAbout13365 ORD - 09/01/1976TKH:hb:7 /23/76:rst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASES WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANS- PORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE USE OF SPACE IN THE TOWER BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AND PROVIDING FOR JANITORIAL AND UTILITY SERVICE IN SAID AREA, A PORTION OF THE SPACE TO BE USED BY THE GENERAL AVIATION DISTRICT OFFICE, ALL AS MORE FULLY SET FORTH IN LEASE NO. DOT - FA76SW -1196, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; A SECOND PORTION OF SPACE TO BE USED BY THE AIR- WAY FACILITIES SECTOR, ALL AS MORE FULLY SET FORTH IN LEASE NO. DOT - FA76SW -1197, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE APART HEREOF, MARKED EXHIBIT "B "; AND A THIRD PORTION TO BE USED BY AIR TRAFFIC CONTROL; ALL AS MORE FULLY SET FORTH IN LEASE NO. DOT - FA76SW -1198, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "C "; THE AFORESAID THREE LEASES TO COMMENCE ON SEPTEM- BER 1, 1975 AND TO BE RENEWABLE ON A YEAR -TO -YEAR' BASIS THROUGH SEPTEMBER 30, 1990; AUTHORIZING THE CITY`, MANAGER TO EXECUTE A CANCELLATION AGREEMENT FOR PRO- VISIONAL LEASE NO. DOT- FA74SW -1216 BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMIN- ISTRATION, EFFECTIVE AUGUST 31, 1975, WHICH LEASE IS SUPERSEDED BY DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION LEASE NOS. DOT - FA76SW -1196, DOT - FA76SW -1197, AND DOT - FA76SW -1198. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,CORPUS CHRISTI, TEXAS: Y• SECTION 1. That the City Manager be and he is hereby authorized to execute leases with the United States Goverment, Department of Trans- portation, Federal Aviation Administration, for the use of space and pro- viding for janitorial and utility service in the Tower Building at Corpus Christi International Airport, a portion of the space to be used by the General Aviation District Office, as more fully set forth in Lease No. DOT - FA76SW -1196, a substantial copy of which-is attached hereto and made a part hereof, marked Exhibit "A "; a second portion of space to be used by the Airway Facilities Sector, as more fully set forth in Lease No. DOT- FA76SW -1197, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "B "; and a third portion to be used by Air Traffic Control, as_more fully set forth in Lease No. DOT- FA765T7 1198, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "C "; all leases to commence September 1, 1975, and be MICROFILMED or JUN 171980 renewable on a year -to -year basis through September 30, 1990. SECTION 2. That the City Manager be and he is hereby authorized to execute a cancellation agreement for provisional lease No. DOT- FA74SW- 1216 between the City of Corpus Christi and the United States Government, Department of Transportation, Federal Aviation Administration, effective August 31, 1975, which lease is superseded by Department of Transportation, Federal Aviation Administration lease Nos. DOT- FA76SW -1196, DOT- FA76SW- 1197, and DOT- FA769W- -1198. FEDERAL AVIATIONI 219MMM ADmLTn=IW CANCELLA I®ltl AGREEMENT i j" Site No- ----------------------------- Airway ---------------_______--- t _ It is hereby agreed that the ---------------------- ir0vieioasE Iotaoe --------- ---------- _ dated ------------------------ ------- -- Augast 2, 197 ___ ___ __________ ______________ bearing contract symbol No. DOT- Pk7'4SWrl2Z6 - - --------------- -- --- --- entered into between -- --------------- Cit3► of Cospus Christi_ Tsxss _ and the United States of America for. eonstrwtiag approximately 25,0O0 aqusre fiat of net rentable apes on 5 levels partition" to Padera:tl Aviotioa Administration's requirements with man's &ZA Woman's restroomtfacilities, locsta4. on the luternatioml Airport, Carpus Chftmi, Texas. Promises includes ae parking lot with 124 spaces for Goverment, visitors, and employee's vehicles. TBIS ISl314 IS 5iTPERB M BY LUSS WMERSt DOT -FAWSW IMp- 11'9i,-ll98a shall terminate, effective as of ------------------- CITY OT CORPUS CittISTI, TMAS By: Title: --- - ----------------------------------------------------- UN ID STATES OF AMERICA, __�S�i D.`iIIPTrOP7 Ti Is: Coptrseting officer FAA AC 00•]6]! Fo =FAA-167( % THAT THE FOREGOING ORDINANC eAS READ FO THE FIRST TIME NO PASSED TO ITS SECOND READING ON THIS THEa � DAY OF �9� BY SSE FOLLOWING VOTE: THE JASON LUBY .n.P. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDIN N E WAS READ FO THE SECO D TIME A,N,p PASSED TO ITS THIRD READING ON THIS THE DAY OF , 19 1 BY THE FOLLOWING VOTE: �"'�� JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREG DING ORDI FINALLY ON THIS THE_DAY 0 JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL B08 GULLEY GABE LOZANO, SR, EDWARD L. SAMPLE PASSED AND APPROVED, THi ATTEST: CITY SECRETARY APED: DAY OF 19 �ITY ATTORNEY D PASSED LOWING VOTE: 14, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS STANDARD FORM 2 FEBRUARY 1M EDMON U.S. GOVERNMENT GENERAL SERMES ADMINISTRATION LEASE FOR REAL PROPERTY rPR(41CFR)1-1660f DATE OF LEASE —E- DOT-FA76SW-1196 THIS LEASE, made and entered into this date by and tween CITY OF CORPUS CHRISTI, TEXAS International Airport who,..dd,.si, Route2, Box902 C.�, Of Corpus Ch tsti;; Texas 78408 "d w1a6ie interest in the property hereinafter described is that of owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the comiderati9ns hereinafter mentioned, convenant and agree as follows: 1. The ]�asor hereby leases to the 66veinment' the following described premises: Aj�pr': ox."ima t eiy , square eet o f' oor space 1ocat-e2 0'n�-t,lie il'i'st floor of the ATCT Building, Internat'ional'Airport, Corpus Christi, Texas, and as more particularly delineated in Article 9 hereof, tobeusedior General Aviation District Office (GADG). 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on ... ..... Sept.e.mber-l-, 19-75 through .................. subject to termination ........ . ........ .. . and renewal rights a3 may be hereinafter set forth. 3. Ile Government shall pay the Lessor annual rent of ................................................... . ...... at the rate of $.. 1 58 - 8 - I . 0 ................................... per .-JRR!!!ft -------------------------------------------------- — in arrelm. Rent for a lesser period shall he prorated. Rent checks shall be made payable to: LESSOR. wholly or in part 4. The Government may terminate this leasdat any time by giving at least ------ 30 .... . ... ............ days' notice in writing to the Lessor Rod no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. 'd d b sor at least ------------------ -- days before the end of the original lease term or rov a notice e giv Iting to the Les �y�,e=, all other terms 6d conditions of this lease shall remain the same during any renewal term. 6. The Lessor shall furnish to the Government, 25s.Paqpt!kremaI consideration, the following:_ as more particularly set forth in Custodial.-and utility services Articles 16 . 7 1;. 7. The following we attached and made a pan hereof: I. The General Provisions and Instructions (standard Form 2-A, edition). 2.Special Lease Provisions (Articles 9 through 19) .T, no�- _'t'! rl, f!,0,_,,, "j" S. w) . ., , '41 — -j7 it V_1, e following chanps`w&e'nnadein this lease prior torts execution;, �G U - Ai Vi c le t5' or S and r : d"F orm 2- Form 2-A ' were deleted in.th air entirety. were owg. The following "wholly or in were added to 'Xiticle '4 V 1 T 7 f�, .1 -X-7. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above -written: , . • , , - • I ), :! ' - LESSOR CITY OF CORPUS., CHRISTI; TEXAS'.• V', 13Y IN PREsENcE0F.______ - — - — -- — — - — --------- --------- ---- — ------- "Ir 96 i", Officer Ing DARD FORME .... . a cy and the Secretary of Labor for purposes of investiga- ,this s`ectiorf iri, any existing agreement or concession ar to- ascertain rompliance with such rules, regulations,and ment or one in which the, contracting party other the orders. - -' • ' - . Lessor has the unilateral right to renew or extend the at, (f) In the event of the Contractor's noncompliance with ' ment or arrangement, until the expiration of the existing the Equal 0pp6rtuhit�1. - dlause of this contract or with any agreement or arrangement and the unilateral right to renew of the said rules, regulations, or orders, this contract may `or extend. The Lessor also agrees that it will take any and be canceled, terminated, or suspended, in whole or in part, all lawful actions as expeditiously as possible, with respect to and the Contractor may be declared ineligible for further • any such agreement as the contracting agency may direct, as Government contracts in accordance with procedures author- a means of enforcing the intent of this section, including, but '. ized in Executive Order No. 11246 of September 24, 1965, not limited to, termination of the agreement or concession and 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 para- graphs (a) through (gg) 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 becomes 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 States to enter into such litigation to protect the interests of the United States. 10. FACILITIES NONDISCRIMINATION.':` - - (a) As used in this section, the` term" "facility" means stores, shops, restaurants, cafeterias, 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 reauire 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 be provided by law. In the event of termination, the Lessor shall be 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- penses thereof as incurred. (d) It is further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pur- suant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein con- tained, however, shall be deemed to require the Lessor to imIude or require the inclusion of the foregoing provisions of CERTIFI 1. CERTIFICATION OF NONSEGREGATED FACILITIES. (Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) Instltutton of can ac ion D (N(YTE. —This provision is applicable if this lease was o- tinted without advertising.) - (a) The Lessor agrees that the Comptroller G ral of the United States or any of his duly authorized presentatives shall, until the expiration of 3 years r final payment under this lease, have access to and t 'ght to examine any directly pertinent books, doc. a papers, and records• of the Lessor involving transae . s related to this lease. , (b) The Lessor further ees to include in all his subcon- tracts hereunder a pro r Ion to the effect that the subcontrac- tor agrees that th omptroller General of the United States or his represe ives shall, until the expiration of 3 years after final yment under this lease with the Government, have a s to and the right to examine any directly pertinent 12. APPLICABLE CODES AND ORDINANCES t`"" "'3 rs 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 the leased space is situated and, at his own expense, to obtain all necessary permits and related items. - - •r,.»• - °v 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 seasonable and proper notice, shall be accessi. ble for inspection by the Contracting Officer, or by architects, engineers, or,other technicians representing him, to deter- mine whether the essential requirements of the solicitation or the lease requirements are met. 14. Ecoxo.my ACT LIMITATION. If the rental specified in this lease exceeds $2,000 per himum, the limitation of Section 322 of the Economy Act of 1932, as amended (40 U.S.C. 278a), shall apply. 15. FAILUEE IN PERFORMANCE. - _ - • ° - In the event of failure by the Lessor to provide s utility, maintenance or repairs required under this lease, the Government shall have the right to secure said services, utilities, maintenance or repairs and to deduct the cost thereof from rental payments... 16. LESSOR'S SUCCESSORS. '" • - - t The terms and provisions of this lease and the conditions herein shall bind the Lessor, and the Lessor's heirs, executors, administrators, successors, and assigns. CATION By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or pro- vide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies fur; Standard Fom 3-A May 1970 Edition AENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS Lease DOT- FA76SW -1196 U.S. Government Lease for Real Property GADO, Int' i> Airport Corpus Christi, Texas GENERAL PROVISIONS , 1. SUBLETTING THE PREMISES. The Government may sublet any part of the premises but shall-not -be- relieved from- any-obligations- amderthis-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 te�ntable condition, except in 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 OR OTHER CASUALTY. - -If- the- said-prem ises_be- destroyed by_fire_orotJler- 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- straction 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, attach 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. CONDITION REPORT. , A joint physical survey and inspection report of the de- mised 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 CONTDNIGENT FEES. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement 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 full amount of such commission, percentage, brokerage, or contingent fee. (Li- censed real estate agents or brokers having listings on prop- er 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. OFFICIALS NOT TO BENEFIT. No Dlember 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. 3. 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 thid contract may he 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 sball 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 amended,•be subject to reduction or setoff. 9. 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 discriminate 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, sex, 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 conspicuous 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. i (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 ori (c) The Contractor will send to each labor union orrepre- 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 for will comply with all provisions of Ex- 11246 of September 24, 1965, and of the and relevant orders of the Secretary of (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, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting Stend.'d Form 2-A G.—I S.rd— Ad.I.W.W. —HR (il CFl) 1- 16.601 Diey 1970 Edi6oe 2 -203 the a will not `siaintain or provide fot his employees • "prior to the award of subcontracts eitceeding'$10,000 which any fated facilities at any of hid establishments, and are not exempt from the provisions of the Equal Opportunity that he will 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 are maintained. The bidder, offeror, applicant, or subcon- and that he will forward the following notice to such pro - 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 PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR taurants and other eating areas, time clocks, locker rooms and CERTIFICATIONS OF NONSEGREGATED FACILITIES other storage or dressing areas, parking lots, drinking foun- tains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segre- gated by explicit directive or are in fact segregated oa the mitted prior to the award of a subcontract exceeding $10,000 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 further agrees that each subcontract or for all subcontracts during a period (i.e., (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 twin identical certifications from proposed subcontractors is prescribed in 18 U.S.C. 1001. NOTE. —The penalty for making false statements in offers is prescribed in 18 U.S.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 his to on behalf its behalf, duly attested, and, if requested by the Government be furnished. of power of attorney, or other evidence act of the Lessor, shall accompany the lease. evidence of this authority so to act shall 4. When deletions or other alterations are made specific 2. When the Lessor is a partnership, the names of the composing the firm shall be stated in the body of the notation thereof shall be entered under clause 8 of the lease partners lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. before signing. b. If the property ]eased 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 U. S. GOVERNMENT PR-Ci OFFICE; 1973 O - 505 -999 Standard Feria 2-A May 1970 Edition 1 ment to Standard Form 2 -A - General-Provisions 17. LISTING OF EMPLOYMENT OPENINGS (This clause Is applicable pursuant to 41 CPR 60-2$0 It this Contract Is for $2,500 0 Mr..) (A) 7ho contractor agrees, In order to pro vide special emphasis to the employment o qualllled disabled veterans and veterans o the Vletevem em• that all suitable employ. ment opelnga of Lila contractor which .xla at the time of the execution of this contract and those which occur during the perform- ance Of this contract, Including those nut generated by this contrnct and Including those occurring at an establishment other than the one wherein the contract Is being performed but excluding those of Indepand. ently operated corporate Affiliates, shall be olfc:ed for listing at an appropriate local once o[ the State employment service systen wherein the opening scrum and to proem such reports to such local one. regardln employment openings and hires av may C rrqultrd: Prodded. That If this contmrt Is for Ines unarm ♦10.000 or If It is with A State or local government the reports set forth In porngrnphe (c) slid (d) are not required. (b) l,tsting of employment openinge with the employment service system pursuant to this douse Aball be made at least can - currently with the use of any other recruit- ment service or edort and shall Involve the uumal .1,11r tlom which Attach to the PI.clrg of A bean& fide job order, Including Ilia acceptance of referrals of aeternns and umuetemns. Thls Ibiting of employment penhlgs tices not require the hlring of Any Part; job applicant or from Any par - tIcular group of job applicants• and noth. .ulg her In Is Intended to Tells.. the cnn- Itertur from any requirements In any nlstutes, Exercuthe orders, or regulations re- garding nondiscrimination in employment. (rl The reports required by par ngrap1, (nl of this clause shall Include. but not be hml[cd m, periodic reports watch shelf lu tiled at least quarterly with the appropriate :M once or. when the contractor has more I hen one establishment In A State, with the natral once of the State employment rerrice. Such reports shall indicate for each eetsuilsbment (1) the number of Individuals sun were hired during the reporting period, 1111 the number of these hired who wee, dis- abled veterans. and (Ill) the member of those hired who were nondlsabled vaterans o of Ire Vietnam em. The contractor shall Ilb- mlt a report within 30 days after the end of each reporting period wherein any per - fnmance Is made under this contract. The contractor shall maintain copies of the re- I Ports submlt,ad until the expiration of 1 t year after find payment under the antrart• I during which time they shell be made ava11- , able, open request, for examination by any t authorized representatives of the caltmc t- I sag occur or of the secretary of Labor. 1 Lease No. DOT— FA76SW -1196 (d) Whenever the contractor becomes can- r ttnetuslly bound by the listing provisions of this clause• he shall advise the employment rrrOce system fn each State wherein he t I- ettabllshments of the name And location t Of each such establishment In the State. As Icing As the contractor Is contractually bound t to these provisions and has so advl ^dd file Mate employvnent system. there In no need In borne the State system of subsequent cununcts. The contractor may advise the butte system when It Is no longer bound by this contract clause. (e) This clause floes not apply to the llst- Ing of employment openings which occur .Ind ara filed outside of the 50 States, the Inntriet of Columbia. the Commonwealth Of Puerto Rico, Guam, and the- Vlrglm hlands. If) Thil clause does not apply to open- logs which the contractor proposes to fill from within his own organization or to fill pvnuant to a customary and traditional rmpleyer- union hiring arrangement. 'Phis rwinuon dcec not apply to A particubd -4 -atng one. An employer decides to con- fider Applicants outside of his o n orgnnt- vallon or employer -union arrangement for Witt opening. (g) As used In this clause: 11) "All suitable employment openings" fit, udes, Dut is not limited to, openings vh ch occur In the fullowing job categories: 1'rMuction and nonproduction; plant And utpce; laborem and mechanics; supervisory .lid nomupervlsory; technical; and execu. the. Admintstmttvo. And professional open - Ings xhicb are compensated on a salnry IiASis of less than 010,000 per year. The term Includes full -time employment, temporary ruiPloyment of more than 3 days' duration, unit part -time employment. It does not In- clude openings which the contractor pro. Poses to fill from within his own Mgan4n- linn or to fill pursuant to a customary and traditional employer -union hhlng arrange - meit. 12) "Appropriate office of the State eu- Aoymrnt service system" means the local limn• of the Federal -State hntlonnl system ut pub:te employment omces col :h naslgned renPOlullblllty fur scrving the area of the •atlablldnneit xhara the employ moot opon- Ing is io be !,fled, inelnding the Dhtllct of Culumhln, tine Commnnw•ealth of Puerto Ilcn, (;uan, And Liu Virgin Islands. 131 '•Oiwulugs whlrh the contractor pen- to Intl from villhin his own orgm,lvn- mll' m­115 clo PlarnlenL openings Iur Whlell to u.ldrrn ilun x111 L,• given to pons Is11ir lhce eontrnrlor -s axe org.11niatimn Iu,I ling may nflill."As. subaidi,llvb. Mul mreut nnnponles), and lncludcs any open ul:s uht'h the contractor propo.os to fill It 11 ret•nlarly eslubllshed "recall" or hlrL' Iws. 18. EXAMINATION OF RECORDS BY CO:IPTROLLER GENERAL (A) This clause L applicable If the amour of thle contract exceeds 43.500 And win en tered Into by meats of Degotlatlon, Including, m.11 business re.trcted advertising, but not applicable It this contract wait entered Into by means of formal advertising. (b) The Contractor agrees that the Comp. troller General of the United States or an of his duly Authorized representatives ah.11. untd the expiration of 3 years alter final Payment under this contract or such Ie time specified in either Appendix lit of the Armed Services Proeurenunt Regulation or the Itderal Procurement 7tegulwtbna Part 1 -20, Ae approprlate, Dave access to And the right to examine Any directly pertinent Daoks, QOCnmonts. pepers, v-nit records of the con. 'tractor Involving tr&nStdttOn related to this (contract. (4) "011eamgs which the contractor pro - pums • to fill pursuant to a customary Mid tracilllonal empluyer-vuion hiring ar- uwgrnuant" mcnns employment openings for which no conslderatlun will be given to per. ana onside of a ePccIll hiring nrrnnge. rnt. Inrllltling Opedngs which the contrnc- for proposes to nil from union hills. wlltch Is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees. (5) "Dlbabird veteran" means a person entitled to disability compensation under laws Administered by the Veterans Adminls. _ tratlon for n disability rated at 30 parcentum or nince. or n person whose discharge or re- lease from Active duty was for a disability Incurred or aggravated In line of ratty. (0) "Vctcrnn of the Vietnam cra" means A pemnn (A) who (1) served oil active duty with the Armed Forces for n period of more than 100 days, ally part of which occurred after August 5, 1064, and was discharged or released therefrom with other than A dU- honomble dlachnrg., or (11) was discharged or released front active duty for service -con- nected disability If any part or cull, duty was performed After August 6, 1064, and (H) who was to discharged or released within the 40 months preceding his application for employment covered by this clause. (h) If tiny disabled veteran or veteran of tine Vletnnm em belleves that the contractor (or any first -tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving ape- clot amphasls In employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service once who will attempt to informally resolve the com- pintnt nod then refer the complaint with a report on the attempt to resolve the matter to the Slate o11in of the Veterans' Employ. ment Service of the Department of Labor. Such complaint shall then be promptly re- ferred through the Regional Manpower Ad. ministrntor to the Secretary of Labor who shall Investigate such complaint and shall take such action thereon As the facts and circumstances warrant consistent with the tMe a of this contract and the laws and reg- ulations Applicable thereto. (I) The contractor agrees to place this clause (excluding this paragraph (f)) In any subcontract directly under this contract. t) (c) The contractor further agrees to In- clude in ell his aubcontracta hcreuador A - Drovlalon to the eCeat that the euboontrtw- b for agree& that the Comptroller General of the United States oe say of his duly author: lred rep —nt&U— AII.14 unit the oxphA -. tion of 3 years After anal payment under the y subcontract or fuC31 lesser't(tce epooliled 1n either AP)»ndIx M of the Armed Services I- Ocumment Regutatlon or the'Fedond Pro— r eumment Regulations Part 1-2% an pppro— priate, bevo access to And :the right Lo ol[nmine any Q1rocLy pertment;boocn, dOeu- monla. DAPem, sad records o[ elloill oubeen- trtictor, 1nvet"'it transactions Meted to the subcontract. The term "eubconlrael" as used Ito this clause excludes (1) purchase Ordain Dot exceeding 02,600 And (2) 6ubcontcectcha or purchase ordom fat publlo titliKyr mrvlcea at rates ostabllshed for uDgOrm applicability to the Conceal pub:]..' t (d) The periods of Access anifiteenlnstloa dAserlbed 1n (b) aid (o); nDOve, for records which minte to (1) appeals under the putes" clAusa.ef this coatrtut, (2) Ittlgnilon or the settlomont of "taints arising wt of the perfommanca Of this co ntroot, cr;(3) coats and exponsea of this contrnct tin to which et. ception has been taken by the Comptroller General or clay of his duty a:ithorl -ed repro. sentalvea, Ahall ooatmue nand ouch appeals, Izttmu: claims, or eacyptlopa.•Eptya heart disposed of: i _.Amendment to'Standard•Form 2 -A, Page 3 _- Lease No. DOT- FA76SW -1196 _• _ _• _ GADO, Corpus Christi, Texas ' _. ?.,CLEAN AIR AND WATER CERTIFICATION: (Applicable only If the contract exceeds (4) The term "clean water standards" {loo,000, or the couix —ring ommr bee dater- means any enforceable limltation, con- rain ity 2onit order under o an ear will xnand tlty CRCs in say one year will seed trot condition, prohibition, standard, or {loO,000, or a tscnity to he used hes been otter requirement which 1s promulgated the enb)eet of a convleUon under the Cl— Pursuant to the Water Act or contained Air Act (42 U.S.C. 1957o -B(c) (1)) or the Fed- In a permit Issued to a discharger by the oral Water Pollution Control Act (33 U.S.C. Environmental Protection Agency Or by a 131o(c)) and is hated by EPA, or the con- State under an, approved program, as . trees is not otherwise exempt.) authorized by section 402 of the Water ' (a) The Contractor ngrees as follows: Act (33 U.S.C. 1342), or by local govern- . went to ensure compliance with pretreat- 1I) To comply with all the require- ment regulations as required by section ments of section 114 of the Clean Air 307 of the Water Act (33 U.S.C. 1317).• Act, as amended (42 U.S.C. 1857, et seq., . (5) The term "compliance" • means as amended by Pub. L. 91 -604) and sec- compliance with clean air or water tion 308 of the Federal Water Pollution standards. Compliance shall also mean Control Act (33 U.S.C. 1251 et seq., as compliance with a schedule or plan or. amended by Pub. L. 92 -500), respectively, dered or approved by a court of compe- relating to inspection. monitoring. entry, tent Jurisdiction, the *Environmental reports, and luformatlon, as well as other Protection Agency or an air or water • requirements specified In section 114 and pollution control agency in accordance section 308 of the Air Act and the Water Ack respectively, and all regulations and with the requirements o1 the Air Act of guidelines Issued thereunder before the Water Act and regulations issued pur- award of this contract. scant thereto. • (2) That no portion of the work re- (6) The term 'facility" menns env quired by this prime contract will be per- building, plant, Installation, mrurtule. _ formed In a facility listed on the Envl- mine, vec cl or other floating crnft,,lo- ronmental Protection Agency List of cation, or site of operations, owned. Violating Facilities on the date when this leased, or supervised by a contractor or contract was awarded Unless and Until subcontractor, to be utilized In the per - the EPA eliminates the name of such - fornnance of a contract or subcontract. facility or facilities from such listing. Where a location or site of operations (3) To use his best efforts to comply contains or Includes more than one with clean air standards and clean water building, plant. Installation, or structure. standards at the facility In which the the entire location or site shall be deemed Contract is being performed. to be a facility except where the D1rec- M. To insert the substance of the pro- tor, Office of Federal Activities, Envirou- visions of this clause Into any nonexempt went Protection Agency, determines that subcontract, Including this paragraph Independent facilities are collocated In (a) (4). one geographical area. (b) The terms used in this clause have ' - the following meanings: (1) The term "Air Act" cleans the , Clean Air Act as amended (42 U.S.C. - 1857 et seq., as amended by Pub. L. 91- 804). (2) The term "Water Act" means Fed- eral Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L, 92 -500). (3) The term "clean air standards" _ means any enforceable rules, regulations. guidelines, standards, limitations. orders, controls, prohibitions, or other require- ments which are contained In, issued under, or otherwise adopted pursuant to -the Air Act or Executive Order 11738, an ' applicable Impementation plan ca de- scrtbed In section 110(d) of the Clean Air • Act (43 U.S.C. 18570- 5(6)), an approved Implementation procedure or plan under section 111(c) or section 111(d), recpec- _ Uvely, of the Air Act (42 U.S.C. 1857" (6) or (d) ), or an approved tmplemm- tation procedure under section 112(d) of the Air Act (42 U.S,C. MU-7(d)). ). _. Lease No. DOT- FA76SW -1196 GADO, Intl. Airport / Corpus Christi, Texas SPECIAL LEASE PROVISIONS 9. SPACE SCHEDULE: Util. & Rate /S.F. Janitor Space Desig. i Rm.No. S.F. . Bare Space Cost /S.F. Total Lobby 101 82 $5.75 $2.00 $ 635.50 Stair 103 60 5.75 2.00 465.00 Elev.equip. 104 51 5.75 2.00 395.25 Restroom 105 61 5.75 2.00 472.75 Janitor 106 15 5.75 2.00 116.25 Lobby 107 172 5.75 2.00 1,333.00 Secretary 108 290 5.75 2.00 2,247.50 Corridor 109 78 5.75 2.00 604.50 Restroom 110 140 5.75 2.00 1,085.00 Storage 111 90 5.75 2.00 697.50 Office 112 110 5.75 2.00 852.50 Storage 113 23 5.75 2.00 178.25 Office 114 135 5.75 2.00 ' 1,046.25 Corridor 115 103 5.75 2.00 798.25 Office 116 165 5.75 2.00 1,278.75 Office 117 160 5.75 2.00 1,240.00 Office 118 156 5.75 2.00 1,209.00 Exam. Rm. 119 408 5.75 2.00 3,162.00 Office 122^ 160 5.75 2.00 1,240.00 TOTALS 2,459 $14,139.25 $4,918.00 $19,057.25 10. RENEWAL OPTION• This lease may at the option of the Government be renewed from year to year at an annual rental of Nineteen Thousand Fifty -Seven and 25/100 Dollars ($19,057.25) and otherwise 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 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 September, 1990; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. The initial term of this lease shall be as stated in Article 2; subsequent terms, if the renewal rights of this said article are exercised, are: July 1, 1976 through September 30, 1976; October 1, 1976 through September 30, 1977; and thereafter from October 1 through September 30 of succeeding fiscal years. Lease No. DOT- FA76SW -1196 GADO, Intl. Airport Corpus Christi, Texas 11. 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 $2.00 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 10 hereof, provided rental funds are appropriated for the Airport Traffic Control Tower in this building complex. However, nothing in this provision shall prohibit the relinguishment of any space by mutual agreement between the lessor and the Government. 12. 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. _ 13. PARKING: The lessor shall provide, without cost, parking on the northwest side of the ATCT Building a total of 105 parking spaces for Government vehicles and private vehicles of employees for use by GADO, AFS and ATCT. These spaces shall be identified in some manner as having been set aside for the Federal Aviation Administration. 14. 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. Lease No. DOT- FA76SW -1196 GADO, Int'l. Airport Corpus Christi, Texas 15. 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. 16. UTILITY, HEATING, 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 the 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 con- ditioning 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 temperature range of 72 to 76 degrees, subject to any restrictions imposed by Governmental authorities. d. Heating: The lessor shall furnish an adequate heating system of a capacity to maintatu 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 con- ditioning, 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. Lease No. DOT- FA76SW -1196 GADO, Intl. Airport Corpus Christi, Texas 17. 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 restrooms, sale 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. (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., Lease No. DOT- FA76SW -1196 GADO, Intl. Airport Corpus Christi, Texas 18. 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 forth herein for the above services of $2.00 per square foot for the rentable area shall be renegotiated, and any adjustment so negotiated by mutual agreement shall become effective as of the date of such supplemental agreement. Provided, however, that any rate so negotiated shall not be in excess of a rate charged to any customer of the lessor having similar conditions of service. 19. 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. CORPORATE CERTIFICATE I, , certify that.I am the Secretary of the municipal corporation named as lessor in the foregoing lease; that who signed said lease on behalf of the said municipal corporation was then of said municipal corporation; that said lease was duly signed for and in behalf of said municipal corporation by authority of its governing body and is within the scope of its corporate powers. Dated this day of , 1976. SEAL Signed: Title: STANDAR6170IN2 :' "A F 11AArIsisEDITwx GENFRALSERVICES U.S.''GOVERNMENT ADMEM TION LEASE FOR REAL PROPERTY —FPR (41 CFA) 1-16 WE DATE DE CEASE .,-, - I I—, NO, DOT-FA.76SW-1197 THIS LEASE, made and entered into this date by and between CITY OF CORPUS CHRISTI, TEXAS International Airport whose!4dress is Route 2, Box •902, — - Corpus 'Chrisft,'Tekas 78408 and whose interest in the property bereindver described is that of owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: VVITNE.SSETH: The parries hereto for the considerations hereinafter mentioned, convertant and agree as follows: 1. The Lessor hereby lease; to the Government'dus following described pramises:. Approximately 2,942 square feet of floor space located'on the"Hrst and third floor of the ATCT Building, International Airport, Corpus Christi, Texas, and as more particularly delineated in Article 9 hereof, and approximately 2,021 square feet unfinished space on the 2nd floor, to be Eased for Airway Facilities Sector. 2. To HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on --- ------ --- ini ...... ............. through -------------------- subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of 46 ........................ . ...... at the rite of $1112§A5 .................................. . per -------------------------------------------------- — in arrears. Rent for aleiser period shall be prorated. Rent checks shall be made payable to: LESSOR. wholly or in part 4. The Government may terminate this leadat any time by giving at least ____....30____________ ___ days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. provided . be given • the Lessor at least .. ................... days before the end of the original lease term ov, . ,once Any re or i all other terms and conditions of this lease shall remain the same during any renewal tem. 2-105 _ 6. The Lessor shall fumish to the Government, as part of the rental consideration, the follow og:_ 'Custodial and utility services as more particularly set forth in Articles'lb and 17. . t. _ , ,_•_- ,mss'. � - _. ... 1, n , ,.: .. . 7, The following are attached and made a part hereof: 1. The General Provisions and Instructions Standard Form 2 -A, .__Ngy . 1914_ edition). 2. Special Lease Provisions (Articles 9 through 19) • :Iurl ; r�3m[' ;rr,..r c . r[t i r. +,; +rY 1'. =E ° 1... t [Jti :.i, °C t ! fI'li:;.J:• 1r -[ ,.. I:(,i, na - , is .�:r =; ., ^' :,Tr. ... I s. ., .., _• .:,r :rc- ,. . 8. The following ehangn were made in this' lease prior m its execution: Article 5 on Standard Form 2 and Article 11 on Standard Form 2-A ..were deleted in their entirety.- The following words [[wholly or in part[' were -added to Article 4...,, r,, -- - r c• , IN WITNESS WHEREOF, thit parties hereto have hereunto subscribed their names as of the date first above written. ' LEMR z•CITY•OF CORPUS CHRISTI, TEXAS (Sitxatwrsl (SirnarLrrel v I U11rrED STATES OF AMERICA •. - - - "..:.' i /lc�fE o� C .,,.L o� : � • Contracting -Officer lo9iial riuei -- ,DARD FORM' 2 • ac coc[RNML,R RMILtIR4 LMT,Ct • 1w O—T. • �'. FEBRUARY isismITIDR 1 1 GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS' •_ U.S. Government Lease for Real Property . GENERAL PROVISIONS 1. SUBLETTING 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 in 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 ason reable 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 RY FIRE OR OTHER CASUALTY. - If the said 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 (16) 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, attach 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. S. CONDITION REPORT. , - A joint physical survey and inspection report of the de- mised 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 agreement 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 full amount of such commission, percentage, brokerage, or contingent fee. (Li- censed real estate agents or brokers having listings on pmp- 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. OFFICIALS NOT TO BENEFIT.. - No Member of or Delegate to Congrss, e or Resident Com- missioner shall be admitted to any ahare or part of this lease I Lease No.. DOT- FA76SW -1197 , AFS, International Airport Corpus Christi, Texas 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. 3. 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. 16), 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 fortwo 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 amended „be subject to reduction or set -off. 9. EQUAL OPPORTUNITY CLAUSE • • .�'•f, - :k , (The following clause is applicable unless this contract fie 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 discriminate 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, sex, or national origin. Such action shall include, but not he 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 conspicuous 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., . , • •• .r - - (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 anion 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 Contractors 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, 1966, 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, 1966, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting Standard Form 2 -A G.—I S.Mm Adminislta0on —FPR (41 CFM 1- 16.601 hint 1970 Edition 2 -203 icy and the S6crgtar7 of Labor for purposes of investiga- ' this section in any existing agreement or Concession arr, to ascertatn compliance with such rules, regulations, and merit or one in which the contracting party other the n Lessor has the unilpteral right to renew or extend. the i ars. (f) In the event of the Contractor's noncompliance with ment or arrangement, until the expiration of the exin the Equal Opportunity clause of this contract or with any the said rules, regulations, or orders, this contract may agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and of be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further all lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as Government contracts in accordance with procedures author- a means of enforcing the intent of this section, including, but limited to, termination of the agreement or concession and ; ized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies in- not institution of court action. - voked as provided in Executive Order No. 11246 of Septem- " ber 24, 1065, or by rule, regulation, or order of the Secretary H. R of Labor, or as otherwise provided by law. (NOTE—This rovision is applicable if this lease was o- (g ) The Contractor will include the provisions of para- graphs (a) 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 with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. - , - . 10. FAcuzr= NoNDISCRISIINATION. - - (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, restroores, 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- muse 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 be provided by law. In the event of termination, the Lessor shall be 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- penses thereof as incurred. (d) It is further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to Operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pur- suant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein con- tained, however, shall be deemed to require the Lessor to in,lude or require the inclusion of the foregoing provisions of tiated without advertising.) (a) The Lessor agrees that the Comptroller Ge ral of the United States or any of his-duly authorized presentatives shall, until the expiration of 3 years r final payment under this lease, have access to and t ight to examine any directly pertinent books, docume papers, and records of the Lessor involving transact' s related tot islease. (b ) The Lessor furjlle ees to include in all his subcon- tracts hereunder a pro ' Ion to the effect that the subcontrac- tor agrees that th omptroller General of the United States or his represe fives shall, until the ex Iration of 3 years after final yment under this lease with the Government, have a s to and the right to examine any directly pertinent . documents. uaners, and records of such subcontractor 12. APPLICABLE 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 the leased 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 ppremises and the building or any parts thereof, upon reasonable and proper notice, shall he accessi- ble for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to deter- mine whether the essential requirements of the solicitation or the lease requirements are met. 14. Ecoxoxv ACT LirinTATIow. ' 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. 278a), shall apply. , 15. FAMURE IN PERFORMANCE. In the event of failure by the Lessor to provide any service, utility, maintenance or repairs required under this lease, the Government shall have the right to secure said services, utilities, maintenance or repairs and to deduct the cost thereof from rental payments. 16. LESSOR'S SUCCESSORS. ., The terms and previsions of this lease and the conditions herein shall bind the Lessor, and the Lessor's heirs, executors, administrators, successors, and assigns. CERTIFICATION 1. CERTIFICATION of NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, (Applicable to (1) contracts, (2) subcontracts, and (3) or subcontractor certifies that he does not maintain or pro- agreements with applicants who are themselves performing vide for his employees 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 of the Equal perform their services at any location, under his control, Opportunity clause.) - where segregated facilities are maintained. He certifies fur - 2 Standard Fnm, S-A. ling 1970 Edition At ant to SF 2 -A - General Provisions.' Lease No. DOT- FA76SW- 1.197, AFS, International Airport 17. LISTING OF EMPLOYMENT OPENINGS Corpus Christi, Texas (This clause Is applicable pursuant to 41 CPR 50-250 If thla contract le for 92,500 0 mare.) (a) The contractor agrees, to order to pro vide The emphasis to the employment o qual lftcd disabled veterans tied t.t.rau. o the Vietnam era, that all suitable employ. ment openings of the Contractor which e<Is at the time of the execution of this contract and those which occur during the perform. auto of this contract, including those not genere.led by this contract and Including those mctluing at an establishmont other then the one wherein the contract La being performed but excluding those of independ- ently operated corporate affiliates, shell be offered for listing at an appropriate local oMee of the State employment service syste wherein the opening occurs aad to provld ouch reports m such local office regardln employment openings and bites a_s may b required: Prmdded, That If this contract is lOr I— than 910,000 or If it I, with s 9mte or local government the reports set forth In paragraphs (c) slid (d) are not required. (b) I.LMIng of employment opcnings with the employment service system pursuant In this clause shall be made at least cnn- "I....ntly with the use of any other r crult- rent service or effort and shall Intolte the rural ebItF.Hons which Attach to the pledug of s bona ode Job order, hicludtng um accept,,,,, of referrals of veterans and rnnteterans. This listing of efnplo)'ment prnh:95 does not require the hirlug f any pnnlrulnr Job Applicant or from Any par - tI-I,r group of Job applicants, and nnth- Ing herein is Intended to relieve the con - •trartar from any requirement. In any t atute,, Exeeutive orders, or regulations rt garding nondiscrlminatlon In employment. (el The reports required by paragraph lot d this deuse shall Include, but not be limited to, periodic reports which shall be filed at )east quarterly with the app-1111.te. 4rol otice or, where the cmntractor has more than one establishment In a State, with the antral o.'riee of the State empluyn -it, srrvlce. Such reports shell Indicate for ..oil ntabilshrnent (1) the number of Indlt lei WNs .hti ever. hired during the reporting period, till the number of thou hired who were dis- alded veterans, and (Sit) the haulier of Ihnu hired who were nondisabled veterans of the Vletnam era. The contractor shall sub - felt A report within 30 days after the end M secb reporting period wherein any per - fntmaare )s made under this contract. The uutr.ctor shall maintala copies of the re- t rnrts submitted until the expiration of el t ye.r after ffnet payment under the contract 1 durlrg at It me they shall be mad, Avail- , .fit'. upon request. for examination by ally t authorlud representatives of the contract- I Ing ofteer or of the Secretary of Labor. 1 (d) Whenever the contractor becomes con- y Imetually bound by the listing pruvlsinns of thu clause, he shall advise the employment rrrvlce system In each State wheroln he ( has establlshments of the name and location f Af each such establishment fit the Stale. As Inng As the contractor is eontractunlly bntmd C to these provisions and has so advised the Mate employment system, there Is no need In advise the State system of subsequent cunnatt5. The contractor may advise the Stale system when It Is no longer bound by this contract clause. (e) This clause does not apply to the list - Ing of employment openings which occur sad am filed outside of the 50 States, the ilinulct of Columbia, the Commonwealth of Puerto RICO, Guam, and the, Virgin ]Lads. If) This clause does not apply to open - WS- which the contractor propous b 011 Irum Mtbin his own organization or to 11 Itu'lo lit to a customary and tradltlanel employer- unlo)t hiring arrangement. This rtclusloa does not apply to a partletllaf epening once an employer decides to con. aver applicants outside of his own organl- ratlon or employer -union arrangement for tliaL opull.g. (g) As used In this clause: ill "Ail suitable employment openings" lm ludes, but Is not limited to, openings which Moir In the following Job categories: 1•mductlon and nonproductlon; plant And ol9re; laborers and mechanics; supervisory and ftonsupervlsory; techntell; and execu- the, Mminletrative, and protesstonal open- ings which ere compensated on a salary Loh of less than 918,000 per y.ar. The term Includes full -time employment, temporary employment of more man 3 tlaps' duration, and part.time employment. It does not In. clude openings which the contractor pro. poses to fill from within his own organize. tlnn or to 011 pursuant to a customary and traditional employer -uulon hiring arrange. rant. tit 121 "Appropriate office of the Since cut - 411)mntt s nice system" nicaus the local umc.• of the Federal -State national ryxtefn of pub)le employment offices with assigned re::po—millty for serving the area of the rstnbylahmellt where file employmmtt Open- ing Is to be tilled, Including the, DiArlct or Colltmhlo. the Commonwealth of Puerto 1111". (,Wont, and the Virgin Island, (3) - Oprnlogs which the contraelnr prn- s to 1111 from w•Itltht his own nrg.nl,n- ttat(" rn -as emplovntrnt openings R., which iderni t• tun will -• giscll to penun, to u,n >Idr 111• contra 1111's own m9.lHI -L1on )lie ludlug airy' andtLlcs. sub,idl.Lrins, and .nov( c"mpfuiles), and includes tiny open - Ill-, whit It the runtrnctor prop-es to 011 from rry;ulnrly estubllshed "rrcxii" or "ro- 18. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (A) Ibis clause Is applicable if the amount (c) The contractor further agrees to In. of this contract exceeds 92,500 and was en• elude in all his subcontracts hereunder s tered Into by means of negotiation. including provlalon to the o8eot that the auboontrgo. smell business restricted advertising, but is for agrees that the Comptroller General of mot applicable If this contract was entered the United States or any of his duty author. Into by menus of formal eel- nisieg. Teed represeatativas oba1L unto the axpL•a- (b) The Contractor agrees that the Comp- Lion of 8 year Aft" Anal payment under the troller ot•neral of the United States or Any aubeoatmot or ouch lesser lima aoeoleed in of his duly authorlaed representatives shall, either Appendix Lf or the Armed Services until the expiration Of 8 years after Anal Procurement Regulation or the ToderN Pro- payment umoor this contract or such lesser comment Itegellatiune Part 1,:0, os appro, time syrclf ed in etcher Appendix M or the pr1Ne, have Access to and , tho right to Armed Bervlcea Procurement Regulation or oxaml,,e any dlmctiy pertlnent•books, dotal. the Federal Procurement Regulatlom Pea monies paper, and records of euoh pubcon• 1 -20. As npproprlato, have ..Co. to and the tractor, WvWOing tmasnctlonu related to the sight to exam!.. any directly pertinent hooka, subcontract• The torn "subcontract•' As used tdocumrnta, popes, and records of the eon- In tills clsues exclude. (1) ptuchaao order ,tractor Involving tmusacttom related to this not exceeding $2,600 And (2) subcoatraatore coutrACL. - 14) "Opruhlgs which the contractor pro pose. • to 1111 pursuant to a custorunry tnd lradltlunal ctuployer -union hiring Or- rnnrrlm•nt" nicnns ettlployment openings for w hirh no cnn,lderntlon will be given to per- Nulls ouLblde of a special hiring Arrange. nicut inviudmg openings which the contrac- tor proposes to 1111 from union halt,• which h part of the customary and trnditlonnl hiring relationship which exists between the cmtlntetor and representatives of his employees. 15) "Dlsnbird veteran" means a person entitled to disability compensation under laws ndmlulstered by the Veterans Adminls. tratlou for n disability rated At 30 percentunt or mote• or a person whose discharge or re- lease from active duty was for a disability Incurred or aggravated In line of duty. (n) "Veteran of the Vietnam ern" means e person (A) who (1) served on active duty with the Armed Forces for a period of morn than 100 days, any part of which occurred After August 5, 1954, and was discharged or released therefrom with other than a dis- honorable discharge, or (11) was discharged or released front active duty for service -con- nected disability If any pert orsuch duty was performed after August 5. 1904. end (R) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If tiny disabled veteran or veteran of the Vietnam era believes that the contractor (or any first -tler subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving spe- cml emphasis In employment to veterans. Inch veteran may file a complaint with the veterans' employment representative at a loch State employment service omca who Will attempt to Informally resolve the com. plant and then refer the complaint with a report on the attempt to resolve the matter to the State omce of the Veterans' Employ- ment Service of the Department of Labor. Such complaint shall then be promptly re- ferred through the Regional Manpower Ad- ministrntor to the Becretary of Iabor who shall Investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and reg- ulations 9pplicable thereto. (1) The contractor agrees to piece this clause (excluding this paragraph If)) In any subcontract directly under this contract. or pwcIzaeo order for public utllfty services at rates estebltohed for nnitOrm appllmbWty to the general publlo.' tl (d) The perlods of acnes3'Je d'o)nminatlou w ae m (tb ) (and o; abo7e, for record, o 1) appeal. under the ••Dle- putos" clause of this contract, (2) litigation or the settlement of dnlme arlsing oat of the performance of this contmet, ter (7) ecoW and expenses of this coattact na to whieb ex- ception Jim been taken by the Comptroller General or say of 1113 duly atithorleod ropy. of ntativee, shall Coutlnue Mtn aucb appeal% litigation, Clulou. or exCeptlQJJfi, eve boon disputed of, 3 U. S. GOVEHYV L T PM7C,G OFFICE: 19]] O - 585 -888 Standard Fe 2-A May 1970 Md.. Lease No, DOT- FA76SW -1197 I ` A(!F�S, IG.nrt�err;ational Airport • 'ther' will not maintain or provide for his employees prior to'the aw 0r sU YA9At§ a 2MFhg $10,000 which any s, meted facilities at any o£ his 'establishments, and are not exempt from the provisions of the Equal Opportunity ' that he will 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 PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR taurants and other eating areas, time clocks, locker rooms and CERTIFICATIONS OF NONSEGREGATED FACILITIES other storage or dressing areas, parking lots, drinking foun- recreation or entertainment areas, transportation, and A Certification of Nonsegregated Facilities must be sub- housing housing facilities provided for employees which are segre- gated by explicit directive or are in fact segregated on the mitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Oppor- basis of race, color, religion, or national origin, because tunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., of habit, local custom, or otherwise. He further agrees that (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. 1001. NOTE. The penalty for making false statements in offers is prescribed in 18 U.S.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. 4. When deletions or other alterations are made specific ' 2. When the Lessor is a partnership, the names of the body the notation thereof shall be entered under clause 8 of the lease partners composing the firm shall be stated in the of lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. before signing. 5. 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 U. S. GOVEHYV L T PM7C,G OFFICE: 19]] O - 585 -888 Standard Fe 2-A May 1970 Md.. .Amendment to Standard Form 2 -Ae .Page 3 Lease No. DOT- FA76SW -1197 AFS, International Airport Corpus Christi, Texas 12, CLEAN AIR AND WATER CERTIFICATION: (Applicable only if the eontroct exceed. 11100,000, or the contracting o0leer bm deter - 'ralned that ordere under as Morcott. go.— my contract In any one year will exceed $100,000. or s facility to be used hm been the subject of a conviction under the Cleaa , Air Act (42 US C. 1057c -8(c) (I I) or the Pod - oral 1Vater Pollution Control Act (33 II9.C. 1319(c)) and 1. hated by EPA, or the con- tract to not otherwlee exempt.) (a) The Contractor Agrees m followa: (1) To comply with all the require- ments of section 114 of the Clean Air Act. as Amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 91 -604) and ser.- tion 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500) , respectively, relating to Inspection, monitoring, entry, reports, and information, as well as other requirements specified In section 114 and section 308 of the Air Act and the Water Act. respectively, and all regulations and guidelines Issued thereunder before the award of this contract. (2) That no portion of the work rc- qu)red by this prime contract will be per- formed In a facility listed on the Env1- ronmental Protection agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use his best efforts to comply with clean air standards and clean water standards at the facility In which the contract is being performed. (4)• To Insert the substance of the pro- visions of this clause into any nonexempt subcontract, Including this paragraph (a)(4). (b) The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91- 604). (2) The term "Water Act" means Fed- eral Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500). (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohlb(tlown. or other require- ments which Are contained In, tsated Wider, or otherwise adopted pursuant to -the Air Act or L•)tecuth•e Order 117:18, an applimble )mpkinentatlon p)nu As de- scribed In sectloa IID(d) of the Clean Air Act (42 U.S.C. 1857o -5ce) ), an approved implementation procedure or plan under section 111(c) or acctton 111(d),respec- Uvely. of the Air Act (41 U.B.C. 1057c-6 (e) or (d)). or nn approved ImPlernnt- tatlou procedure under stolen 112(W of the Air Act (47 U.S C. 1857c -7(d) ). (4) The term "e4ean water standards" means any enforceable limUntron. con- trol, eondltlon, prohibition, standard, or other requirement which Is promulgated pursuant tp the Water Act or contained In n permit Issued to a discharger by the Environmental Protection Agenr,•v or by a State under on approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local govern- ment to ensure compliance: with pretreat- ment regulations As required by section 307 of the Water Act (33 U.S.C. 1317). (5) Tine term "compliance" means compliance with c'; an air or water standards. Compliance shall also mean compliance with a schedule or plan or- dered or approved by a court of compe- tent jurisdiction, the Environmental Protection Agency or an air or water pollution* control agency in accordance with the requirements of the Air Act or Water Act and regulators Issued pur- suant thereto. (6) The term "facility' nlemnti any building, phint, Installation. Mrurtuie, mine, vessel or other floating cra:t, lo- cation, or site of operations, owned, )eased. or supervised by a controrto• or subcontractor, to be uUMMI in the lier- formance of a contract or subcontract. Where a location or site of operations contains or Includes more than one building, plant. Installation, or struct ic. the entire location orsite shall be deemed to be n facility except where the Dlrcr- tor, Once of Federal Activities, Environ- mentProecton Agency, determines that independent facilities are collocated In one geographical area. Lease No. DOT- FA76SW -1197 AFS, International Airport Corpus Christi, Texas / CORPORATE CERTIFICATE I , certify.that I am the of the City of Corpus Christi, Texas, named in the foregoing agreement; that > who signed said agreement on behalf of the City of Corpus Christi, Texas, was then of the said City of Corpus Christi, Texas, that said agreement was duly signed for and in behalf of said City of Corpus Christi, Texas, by authority of its governing body and is within the scope of its powers. Dated this day of , 1976. Signed: SPECIAL LEASE PROVISIONS 9. SPACE SCHEDULE: Lease No. DOT- FA76SW -1197 AFS, Intl. Airport Corpus Christi, Texas Util. & Janitor Rate /S.F. Space Design. Rm.No. S.F. . Bare Space Corridor 301 151 $5.75 Stairway 303 104 5.75 Janitor 304 17 5.75 Restroom 305 75 5.75 Conference 306 450 5.75 Corridor 307 106 5.75 Restroom 308 120 5.75 Unit Chief 309 144 5.75 Unit Chief 310 144 5.75 Unit Chief 311 140 5.75 Unit Chief 312 137 5.75 PDEO 313 143 5.75 Stenos 314 178 5.75 Mat. Spec. 315 148 5.75 Adm6n. Off. 316 188 5.75 Storage 321 87 5.75 Storage 322 87 5.75 Storage 121 523 5.75 Unfinished Space 2nd Floor 2,021 1.76 TOTALS 4,963 $20,473.46 Lease No. DOT- FA76SW -1197 AFS, Intl. Airport Corpus Christi, Texas Util. & Janitor Cost /S.F. Total $2.00 $ 1,170.25 2.00 806.00 2.00 131.75 2.00 581.25 2.00 3,487.50 2.00 821.50 2.00 930.00 2.00 1,116.00 2.00 1,116.00 2.00 1,085.00 2.00 1,061.75 2.00 1,108.25 2.00 1,379.50 2.00 1,147.00 2.00 1,457.00 2.00 674.25 2.00 674.25 2.00 4,053.25 3,556.96 $5,884.00 $ 26,357.46 10. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year at an annual rental of Twenty Six Thousand Three Hundred Fifty -Seven and 46/100 Dollars ($26,357.46) and otherwise 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 that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, That no renewal there of shall extend the period of occupancy of the premises beyond the 30th day of September, 1990; AND PROVIDED FURTHER, That adequate appropriations are available from year to year for the payment of rentals. The initial term of this lease shall be as stated in Article 2; subsequent terms, if the renewal rights of this said article are exercised are: July 1, 1976 through September 30, 1976; October 1, 1976 through September 30, 1977; and thereafter from October 1 through September 30 of succeeding fiscal years. 6� Lease No. DOT- FA76SW -1197 AFS, Intl. Airport Corpus Christi, Texas 11. RENTAL: Bare space annual lease amount will be 10.52 percent of the total con- struction cost including approved change orders and architectural and engineer- ing fees, renewable annually for 15 years. Janitorial /utility services shall be at the rate of $2.00 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 10 hereof, provided rental funds are appropriated for the Airport Traffic Control Tower in this building complex. However, nothing in this provision shall,pro- hibit the relinquishment of any space by mutual agreement between the lessor and the Government. It shall be a provision of this lease that the unfinished space on the second floor (2,021 square feet) will be finished on request to the requirements of the Federal Aviation Administration and the actual cost of said finishing will be added to the remaining term of maximum renewal of the lease on an equal annual basis, without the inclusion of any amount for interest. This provision will not apply to any of the unfinished space released to the lessor for use of any other tenant. Any amount of this space so released to the lessor will be credited to this lease at its annual rental rate charged by the lessor less preparation costs; however, said credit shall be limited to a maximum bare space rental of Five and 75/100 Dollars ($5.75) per annum. In addition, the Government shall be credited with One and 72/100 Dollars ($1.72) per square foot for 192 square feet of space occupied by the National Weather Service for which the Government, represented by the Federal Aviation Administration, accepted this total sum per annum as a part of the cost on which the annual rental was determined. At any time during the term of maximum renewal of this lease any space on this floor becoming vacant while leased by the lessor may be returned to the Government under the terms originally cited in this lease at the end of any Government fiscal quarter. It is understood that any lease of space on this floor entered into by the lessor will be subject to the future needs of the Government. Lease No. DOT- FA76SW -1197 AFS, Intl. Airport Corpus Christi, Texas 12. 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. 13. PARKING: The lessor shall provide, without cost, parking on the northwest side of the ATCT Building a total of 105 parking spaces for Government vehicles and private vehicles of employees for use by GADO, AFS, and ATCT. These spaces shall be identified in some manner as having been set aside for the Federal Aviation Administration. 14. 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. 15. 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. 16. UTILITY, HEATING, 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. Lease No. DOT- FA76SW -1197 AFS, Intl. Airport Corpus Christi, Texas 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 facili- ties furnished the Government within the leased premises. c. Air Conditioning: The lessor shall furnish all equipment and air con- ditioning 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 temperature range of 72 to 76 degrees, subject to any restrictions imposed by Governmental authorities. 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 time, 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 con- ditioning, communications, and office machines. Replacement of flourescent tubes,, ballasts, and starters as required. It will be the lessor's responsi- bility 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. 17. 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. Lease No. DOT- FA76SW -1197 AFS, Intl. Airport Corpus Christi, Texas (2) Empty ash trays and waste paper baskets. (3) Dust all office furniture, files, and machines. (4) Clean restrooms, male and female, to include mirrors, wash- basins, 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. (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, flourescent 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. 18. 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 forth herein for the above services of $2.00 per square foot for the rentable area shall be renegotiated, and any adjustment so negotiated by mutual agreement shall become effective as of the date of such supplemental agreement. Provided, however, that any rate so negotiated shall not be in excess of a rate charged to any customer of the lessor having similar conditions of service. Lease No. DOT- FA76SW -1197 AFS, Intl. Airport Corpus Christi, Texas 19. 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. - 51ANIIARII FORM z FORUARY IM 0MON U.S. GOVERNMENT'.. ' TM ADMINISTRATION LEASE FOR REAL PROPERTY FPR (a CFR) 1-46.6" DATE OF LEASE --D.OT-FA76SW-1198 I THIS LEASE, made and entered inm this date by and between CITY OF CORPUS CHRISTI, TEXAS International Airport whose amm- is Route 2s Box 902 , . Corpus Christi, Texas 78408 and whose iat en,,t in the property hereinafter described is that of owner hereinafter -tied the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WrriqMETH-- as follow-: ..7be,pakfim hereon the consideratioterherrinafter mentioned, covenant and agree 1.,The Lessor ,hrrebyleases to the Government thefollowiog described prernisest;,,:% o.- Approximately 8,495 square feet of floor space located in the first, second, fourth and fifth floors of the ATCT Building, International Airport, Corpus Christi, Texas, and as more particularly delineated in Article 9 hereof, t mbeusedf0f ATCT/TRACON. 2 TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on ----- - --- Sgp!� ... --- - ------------ through .... J!PA-191 197!6_ ------------------- subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rmt of 05AMtz5 ................................................... . ...... at the . of S --- L4A@. 15 ---------------------------------- per .... RC?At;h --­---------------- .............................. in arrears. Rent for zlesser period shall be prorated. Rent checks shall be made payable to: LESSOR. wholly or in part 4. The Government may ruminate this lease/at any time by giving at least ---- .- .- ._?Q------- - - - - -- days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc. ing with the day after the date of mailing. provided notice be given i g to the Lessor at least ................... —days before the end of, the :original lease term or any renew other terms and conditions of this lease shall remain the same (luring any renewal term. 2-106 4 1, st, /I 6. The Lessor shall furnish to the Goverment, as part of the rental consideration, the following: Custodial-and utility Services as more particularly set forth in Articles 16 and 17. 7. The following are attached and made a pan hereof: 1. The General Provisions and lasmictions (Standard For. 2-A. __May.,_._l97Q edition). 2. Special Lease Privisions (Articles 9 through 20) C,)r I I -:,I v If :,-L, W. 115 following changes made in this prior 6 its 'a W�19 _U Article 5 on Standard Form 2 and Article 11 on Standard Form 2-A were deleted in their entirety. The following words "wholly or in part",were added to Article 4. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR CITY OF CORPUS CHRISTI„ TEXAS — --------- — IINRID M PRIMENCE OF. �PAK7 BY Contracting�Officer_ -------------- - ----- JONAID H. NELSON AOARDFORM2 IENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS- Lease 7esw -ll9a U.S. Government Lease for Real Property ATCT /TRACON, Int!1, Arpt. Corpus Christi, Texas GENERAL PROVISIONS SUBLETTING THE PREb11SES. 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. 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 in 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 OR OTE ER CASUALTY. - if the said premises -be destroyed- liFfire 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, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed Ti, 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. CONDITION REPORT. A ,joint physical survey and inspection report of the de- mised 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 agreement 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 full amount of such commission, percentage, brokerage, or contingent fee. (Li- censed real estate agents or brokers having listings on prop - ert y for rent, in accordance with general business practice, and �vho 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. OFFICLILS NOT TO BENEFIT. 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. 8. 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 agrslt or trustee for two or more parties participating is 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 amended,,be subject to reduction or set -off. 9. 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 discriminate 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, sex, 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 conspicuous places, available to employees and applicants for employment, notices to be provided by tho.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, sea, 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, 1065, 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, ane orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting SI —lord Form 2 -A General Seaim MW.l'W'._FPR (41 CFR) 1- 16.601 Muy 1670 Edition 2 -202 icy and the Secretary of Lubbr for purposes of investiga- te ascertain-compliance with such rules, regulations, and era: - - - , ' .. . � W•In the`gvent of the Contractor's noncompliance with tfie 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 para- graphs (a) 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 becomes 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 States to enter into such litigation to protect the interests of the United States. 10. FAcnxrrEs NONDISCRIMINATION. (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, 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 previsions 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 be provided by law. In the event of termination, the Lessor shall be 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- penses thereof as incurred. (d) It is further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pur- suant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein con- tained, however, shall be deemed to require the Lessor to im.lude or require the inclusion of the foregoing provisions of 1. CERTIFICATION OF NONSEGREGATED FACILITIES this section in any existing agreement or concession an ment or one in which the contracting party other tb: Lessor has the unilateral right to renew or extend 'the a, ment or arrangement, until the expiration of the exisru,g 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 respect 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 or concession and - institution of court action. (NoTe. —This provision is applicable if this ]easewa go- tinted without advertising.) (a) The Lessor agrees that the Comptroller eral of the United States or any of his duly authorize epresentativea shall, until the expiration of 3 years er final payment under this lease, have access to and right to examine any directly pertinent books, docum , papers, and records of the Lessor involvingg transac ' s related to this lease. (b) The Lessor furthe green to include in all his subcon- tracts hereunder a pr sion to the effect that the subcontrac- tor agrees that omptroller General of the United States or his repres tives shall, until the expiration of 3 years after fine ayment under this lease with the Government, have a s to and the right to examine any directly pertinent 12. APPLICABLE CODES AND ORDINANCES '•, "I ' '" _ 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 the leased space is situated and, at his own expense, to obtain all necessary permits and related items. - 13. INsPEGTioN. 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 reasonable and proper notice, shall be accessi- ble for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to deter- in whether the essential requirements of the solicitation or the lease requirements are met - - 14. ECONOMY. ACT LIMITATION. 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. 278a), shall apply. „ 15. FAILURE IN PERFORDIANCE. •• In the event of failure by the Lessor to provide any service, utility, maintenance or repairs required under this lease, the Government shall have the right to secure said services, utilities, maintenance or repairs and to deduct the cost thereof from rental payments. 16. LESSOR'S SuccEssons. ' The terms and provisions of this lease and the conditions herein shall bind the Lessor, and the Lessor's heirs, executors, administrators, successors, and assigns. CERTIFICATION (Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or pro- vide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies fur- Stand1rd Pam S-A M$ 1970 URI- ther will not maintain or provide for his employees prior to the award of subcontracts exceediiig.$10,000 which ,ed facilities at any of his establishments, and are not exempt from the provisions of the Equal Opportunity ,any that he 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- tractor agrees that a breach of this certification is a violation posed subcontractors (except where the proposed subcon- 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 Iooms, work areas, rest rooms and wash rooms, res- NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR taurants and other eating areas, time clocks, locker rooms and CERTIFICATIONS OF NONSEGREGATED FACILITIES other storage or dressing areas, parking lots, drinking four- foun- tains, recreation or entertainment areas, transportation, and A Certification of Nonsegregated Facilities must be sub - housing facilities provided for employees which are mitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Oppor- th gated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because tunity clause. The certification may be submitted either for of habit, local custom, or otherwise. He further agrees that each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). (except where he has obtained identical certifications from 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. 1001. NOTE. —The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. INSTRUCTIONS 1. Whenever the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, two authenticated copies of his power of attorney, or other evidence to act on behalf of the Lessor, shall accompany the lease. 2. When the Lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner sighing the same. 3. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government' evidence of this authority so to act shall be furnished. 4. When deletions or other alterations are made specific notation thereof shall be entered under clause 8 of the lease before signing. S. If the property leased is located in a State requiring the recording of leases, the Lessor shall comply with all such statutory requirements at Lessor's expense. O. S. GOi'ERNiIE1T PRISING OFFICE: l979 O - 505499 Standard Porn 2 -A May 1970 Edition Att nY to Standard Form ? -A - General provisions 17. LISTING OF EMPLOYMENT OPENINGS (This clause Is applicable pursuant to 41 CPR 641 -260 If this contract is for $3,600 0 re.) (.) The contractor agrees. In order to pro- vide The emphasis to the employment o qualit Cd disabled veterans and veterabs o the Vietnam era, that ell suitable employ. nlent openings of the contractor a•hicli exist at the time of the execution of this contract and those which occur during the perfonn. mice, of this contract. Including those not generated by this contract and Including those occurring nt an establishment other than the one wherein the contract Is being performed but excluding those of lndepend- ently operated corporate eOLLlates, shall lhs offered for Usual; at an appropriate local oWce of the State employment service syste wherein the opening occurs and to provld uch reports to such local oMce regacdl I employment to and hires Rs may b rrgntlrrd: Prodded. That If this contrast 1s far lees than $10.000 or If it 1. with s State .•r local government the reports set forth In Paragraphs (c) mud (d) are not retpnlred. (b) 61st ing or employment opening. %fill the ru:plorment service system pursuant to Ibis clause shall be made at Icn.L cnn- curmmty With the use of any other reer nit- :nent aIrvice or effort and shall Invohc the nil Obligation which attach to the piaclug of a bona fide job order• including the ncreptOnce of referrals of veterans and nom eterana This listing of ennplo}ment . in•nInCs does rot require the hiring of any I, Rrular job applicant or from any par - Itrnlnr group of job applicants, antl noll1- Ing herein 1s Intended to relleve the con- Iractor from any requirements in any cnuntvs. Executive orders, or regulations r gnrding ronaht:lminatlon In employment. (rl The reports required by pnrngntph (u) nr this clause shall Include, but not he limped to, period le reports which shall be mcd at least quarterly with the appropriate Im•nl o(0ce or, where the contractor has more than m:c estatlistement In a State, with the rratral office of the State empluvmmIt •rvlce. Such reports shall Indicate for each v tabiht ant (1) the number of Individuals A ho were hired during the reporting perlud• it 11 the number of those hired who werr tits - nhled veterans. and (lit) the number of these It who were ..disabled t'ele aria of the Vietnam era The contractor shall sub - mit a report within 30 day. after the end of each reporting period wherein any per- formance Is made under this contract. The uutrector shall maintain copies of the re- 1 ports submitted until the expiration of I year idler final payment under the con tract. t dnrlrg which time they shall be mnde avail- c Able. upon request, for exeminatlon by any I nulhorized rresentatives of the contract- el ) Ing officer or of the Secretary of Labor. I Lease No. DOT- FA76SW -1198 ATCT /TRACON .. Corpus Christi, Texas (d) Whenever the contractor becomes Con - r loetuelly bound by the listing provlslous of this clause. he shall advise the employment ervlcc system ht each State %herein he t has establishments of the name and locution [ of each such establishment In the State. As ling m the contractor Is cwntractunlly bound la these provisions and has so advised the plate employment system, there Is no need M advise the State system or subsequent I- LI.ts. The contractor may advise the Stale system when It is no longer bound by this contract clause. (e) This clause does not apply to the list- . ing of employment openings which occur slid pro filed outside of the 50 States, the District of Columbia. the Commonwealth Of Puerto Rico, Guam• and the. Virgin islands. If) This clause does act apply to open - lugs wRuch the contractor proposes 'to. nn from tnthln his own orgenlzatlon or fill pnrsuant to n customary and traditional etnplo)er -union hiring arrangement. This rscicnslon vices not apply to a particllaf ,pening once an employer decides to con - sidtr applicants outside of his own organf- rellon or employer - unton urrangevent for flint opening. (g) As used In this ciaw-e: 111 "All suitable employment opeings" hu9udes, but is not limited to, openhtgs which occur in the following job categories: Prodactton and nonproductlon; plant and ache; laborers and mechanics; aunervlsory entd nomupervlsery; technical; and C., _ Ilre, administestive, end professional open - hlgs %hlch are compensated on a salary halt of less than sIS•000 per year. The term Incmdes full -time empleyIeent, temporary rmployme.t or more than 3 days' duatlon, and part -time employment. It does not In- dudo openings which the contractor pro- poses to 011 from %lthin his own organlza- tlnn or to fill pursuant to a customary and tmdltlonal employer -uulon hiring arrange. meat. t21 "Appropriate office of the State enn- I",)n,ent nice system" meats the local amcr of the Federal -State national syStenn of public employment alien with a•tslgued reOPOImlblllty fur serving the area of the rshnblhhmen %here the employment open. Ing Is to be Ruled. Including the DI.Avlet of Cnlumhla. the Commonwealth of Puerto lilt., (:nom, and the Virgin Island,. (dl "Oprlings which the watt -tctor to I'll form Within his own organut- tltnl" means, ennplovmrnt openings for which u rmn�ltlrrnllon x111 1;+ given to pri.Wna nnl�ldr. the contractnra ono organlUatlou I tuding any a161lttes, sabsidlarles, and larPut (-nnlpaulea)• and Includes any open. nl :v %•hlNn the Contractor prupones to All fnnu rrl;ularly - t.bnshed "rccnll" or "rc- Inla•" Ilsl s. 18. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 14) "Oprnings which the contractor pro - pu.es • to 1111 pursuant to n customary and I.r.ndltibnal empluyer -union hiring ar nnncmtvnt" means mnployment openings for ' which 110 consideration will be given to per - xans uutstde of a special hiring arrmlge- nient. Including openings which the comae. Inr prolascs to fill front union halts, which Is part of the customary and traditional hiring relationship which ex6ts between the cmdnrctor and representathes or his employee (5) "D6abled veteran" means a person rnticled to disability compensation under Iowa administered by the Veterans Adntlnls. I ratlmn for n disability rated at 30 percentum or more, or n person whose discharge or re -- tense frnm nctive duty was for a disability Incurred or aggravated In line of duly. (0) "Veteran of the Vietnam era" mean a person (A) who (1) served on active duty with the Armed Forces for a period or mono than 180 days, any part of which Occurred after August 5, 1964, and was discharged Or released therefrom with other than a dls- hotlornble discharge, or (It) was discharged or released fronn active duty for service -con- nected disability if any part of-such duty was performed after August 6. 1964, and (R) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran or the Vietnam era believes that the contractor (or any first -tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving spe- c m lal emphasis In employment to vetermis, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who Will attempt to Informally resolve the com- plaint and then refer the complaint with a report on the attempt to resolve the matter to the State office or the Veteran' Employ- ment Service of the Department of Labor. Such complaint shell then be promptly re- [erred through the Regional alenpow 1, Ad. minlstrntor to the Secretary of Labor woo shall Investigate such complaint and shall take such action thereon as the facts end circumstances warrant consistent with the terms of this contract and the laws cud reg- ulations applicable thereto. (1) The contractor agrees to place this clause (excluding this paragraph (1)) In my subcontract directly under this contract. (a) This Clause is applicable If the amount! (c) The contactor further agrees to !a- or purchase ordain nor public ntSltp services of this contact exceeds 62,500 and wits on- elude 111 al Ilis anDeoaLresets hereunder Is at rata established far unlforat applic¢buity tered Into by meals of negotlatton, tacluding provision to the effect that the aubo ultrm- to the general publ!o.' amall bustnesi restricted ad•.erusing, but is for agrees that the Comptroller General of (d) The periods of access and er.Ara)aatlon not applicable It this contract was entered the United Stator tx any o1 his dnly author: described fa (b) and (o); above, Tor records Into by means of forms[ adrertismg. lead reproNntatvea �a11. 1tntII the ezytra- which relate to (t) appeals tinder-the "pis. (b) The Coutr -tor agrees that the Comp- tlon of 3 ye= after Anal payment ender the Putes" clninsa of this contract, (2) litfgatlon troller Oeneal of the United State. or any, subcontract or such leaser time specified In or the settlement of claims "I"Itg mot of the of his out authorized represcat.tives shall, either Appendix Sf of the Armed Parviae pertormanco of thin contact, or;(3) 000ts until the o Iron -- of 3 and expense$ of this contract a$ to whiclt.eX. xp Teats after final cureme meat Roguctojt or the Yedaral Pro- Ceptlon lase been taken b the Payment under this contact d such lesser curement Reguluttam Part 1,.10, ns appru. General or an of duly Comptroller time specified In either Appendix M of the prlate, have access' to sad , the right to y isle dui authorized repro. Services Procurement Regulation 61 ..amine any directly laertlnent,boo �docu- 6antattvee, aludl continue until sun11 eppliala; the Federal Procurement Regulations Part monta, �' litlgation,� claims, or esxoptlpjis•2{syp , t)een Pops$, and records of such tubcon- dlspos d of. 1-21). its approprlata, have access It and the trnetor, Involving tesasactlona ralat$d to the ' right to examine any directly pertinent books, subcontract. 1'ba term "subcontract'• fie ovad docin rite, papers, And records oI the Con - m this Clause excludes (1) purchase ordsm ,tractor involving trnnasetton related to title not exceeding $2,600 and (2) u"ch ateactora 'coatrnct. - .-Amendment to Standard:Form 2 -A, Page 3 Lease No. DOT- FA76SW -1198 ATCT /TRACON, Corpus Christi, Texas 2. CLEAN AIR AND WATER CERTIFICATION: (Applicable only If the contract exceeds (4) The term "etean water standards- $100,000, or the contracting otter bas deter- that orders under as indefinite quan- means mEO.IIe any enforceable limitation, son- thy thy contract In any one Year win exceed condition, prohlbltlon, standard, or $1 )000. or a facility to be used has been other requirement which Is promulgated tbo aub)rct of n conviction under the o7eaa pursuant to the Water Act or contained Air Act (42 Us C. 1957c -a(c) (1)) or the red- - In a permit issued to a discharger by the eral Water Pollution Control Act (33 U.B.C. Environmental Protection Agency or by a 1319(c)) and 13 listed by EPA, or the son- State under all approved program, as tract is not otherwlee exempt.) authorized by section 402 of the Water ' (a) The Contractor agrees as follows: Act (33 U.S.C. 1342), or by local govern- - ment to ensure compliance with pretreat- ' (1) To comply with all the require- ment regulations as required by section - means of section 114 of the Clean Air 307 of the Water Act (33 U.S.C. 1317). _ - Act, as amended (42 U.S.C. 1857, et seq.. (5) The term "compliance" means - as amended by Pub. L. 91 -604) and see- compliance with clean air or water - tion 308 of the Federal Water Pollution standards. Compliance shall also mean Control Act (33 U.S.C. 1251 et seq., as compliance with a schedule or plan or- amended by Pub. L. 92 -500) , respectively, dared or approved by a court of cempe- - relating to Inspection, monitoring, entry, tent Jurisdiction, the Environmental - reports, and information, as well as other Protection Agency or an air or water - requirements specified In section 114 and section the Air Act and the Water pollution control s8entq in accordance Act, respectively, and all regulations (trtd pee iv with the requirements of the Air Act or guidelines Issued thereunder before the Water Act and regulations Issued pur- award of this contract. scant thereto. (2) That no portion of the work re- (6) The term - 7ncility" inennti anv qulred by this prime contract will be per- building, plant, installation, structure, formed In a facility listed on the Envi- mine, vessel or other floating craft, ]o- "' ronmental Protectlon Agency List of cation, or site of operations, oampd, Violating Facilities on the date when this leased, or supervised by a contractor or contract was awarded unless and until subcontractor,,to.be utilized In the'lier- the EPA eliminates the name of such formance of a contract or subcontract. -- facility or facilities from such listing. Where a location or site of oper(itfolts -- -+- (3) To use his best efforts to comply Contains or Includes more than one with clean air standards and clean water building, plant, installation, or structure. - standards at the facility in which the the entire location or site shall be deemed contract Is being performed. to be a facility except where the Direr - (4) To insert the substance of the pro- tor. Office of Federal Activities, Environ- - visions of this elause.lnto any nonexempt ment Protection Agency, determines that subcontract, Including this paragraph .independent facilities are collocated In (a) (4). - one geographical area. (b) The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. - 1657 et seq., as amended by Pub. L. 91- 604). (2) The term "Water Act" means Fed- eral Water Pollution Control Act, its amended (33 U.S.C. 1251 at seq., as - amended by Pub. L. 92 -500). (3) The term "clean air standards" _ meats any enforceable rules, regulations, - guidelines, standards, limitations, orders, - - •` - - controls, prohibitions, or other require- ments which are contained in. Issued Under, or otherwise adopted pursuant to -the Air Act or Executive Order 11738, an applicable Implementation plan as tie- . . scribed In section 110(d) of the Clean Air Act (43 U.S.C. 1857o-5(e)), an approved _ Implementation procedure or plan until section 111(c) or section 111(d), respec- - lively, of the Air Act (42 U.B.C. 1857c -S (6) or (d)), or an approved implemm- tatlam procedure under section 112(4) , of the Air Act (42 U.S.C. 1957e- 7(d)), e Lease No. DOT- FA76SW -1198 ATCT /TRACON, Int'l. Airport Corpus Christi, Texas SPECIAL LEASE PROVISIONS 9. SPACE SCHEDULE: Util. & Rate /S.F. Janitor Space Desig. Rm.No. S.F. . Bare Space Cost /S.F. Total Lobby 401 41 $5.75 $2.00 $ 317.75 Stairway 403 105 5.75 2.00 813.75 Restroom 404 '77 5.75 2.00 596.75 Corridor 405 150 5.75 2.00 1,162.50 Restroom 406 83 5.75 2.00 643.25 Deputy Chief 407 208 5.75 2.00 1,612.00 Operations Officer 408 170 5.75 2.00 1,317.50 Secretary 409 120 5.75 2.00 930.00 Receptionist 410 127 5.75 2.00 984.25 Secretary 411 191 5.75 2.00 1,480.25 Corridor 413 118 5.75 2.00 914.50 Janitor 414 32 5.75 2.00 248.00 Storage 415 31 5.75 2.00 240.25 Training 416 430 5.75 2.00 3,332.50 Storage 417 21 5.75 2.00 162.75 Storage 418 21 5.75 2.00 162.75 EPDS 419 189 5.75 2.00 1,464.75 EPDS 420 189 5.75 2.00 1,464.75 Corridor 421 195 5.75 2.00 1,511.25 Storage 422 85 5.75 2.00 658.75 Storage 423 84 5.75 2.00 651.00 DSS 424 612 5.75 2.00 4,743.00 Lobby 501 98 5.75 2.00 759.50 Stairway 503 105 5.75 2.00 813.75 Storage 504 82 5.75 2.00 635.50 Equip. Rm. 505 1,337 5.75 2.00 10,361.75 Vestibule 506 26 5.75 2.00 201.50 IFR Room 507 964 5.75 2.00 7,471.00 Watch Supvr. 508 120 5.75 2.00 930.00 Vestibule 509 24 5.75 2.00 186.00 Corridor 510 177 5.75 2.00 1,371.75 Storage 511 375 5.75 2.00 2,906.25 Janitor 512 34 5.75 2.00 263.50_ Mech. Rm. 120 379 5.75 2.00 2,937.25 Telco Rm. 209 682 5.75 2.00 5,285.50 Comm. Equip. 320 813 5.75 2.00 6,300.75 TOTALS 8,495 $48,846.25 $16,990.00 $65,836.25 Lease No. D(YT- FA76SW -1198 ATCT /TRACON, Int'l. Airport Corpus Christi, Texas 10. RENEWAL OPTION: This lease may at the option of theGovernment be renewed -from year to year at an annual rental of Sixty Five Thousand Eight Hundred Thirty -Six and 25/100 Dollars ($65.836.25) and otherwise 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 give's 30 days' 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 premises beyond the 30th day of September, 1990; AND PROVIDED FURTHER, That adequate appropriations are available from year to year for the payment of rentals. The initial term of this lease shall be as stated in Article 2; subsequent terms, if the renewal rights of this said article are exercised are; July 1, 1976 through September 30, 1976; October 1, 1976 through September 30, 1977; and thereafter from October 1 through September 30 of succeeding fiscal years. 11. 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 $2.00 per square foot per annum on net rentable area. Actual rental figures 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 10 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. 12. 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 term 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- FA76SW -1198 ATCT /TRACON, Intl. Airport Corpus Christi, Texas 13. PARKING: The lessor shall provide, without cost, parking on the northwest side of the ATCT Building a total of 105 parking spaces for Government vehicles and private vehicles of employees for use by GADO, AFS and ATCT. These spaces shall be identified in some_manner as having been set aside for the Federal Aviation Administration. 14, 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. 15. 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. - 16. UTILITY HEATING, 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 facili- ties furnished the Government within the leased premises. c. Air Conditioning: The lessor shall furnish all equipment and air con- ditioning 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 temperature range of 72 to 76 degrees, subject to any restrictions imposed by Governmental - authorities. Lease No. DOT- FA76SW -1198 ATCT /TRACON, Intl. Airport Corpus Christi, Texas 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 con- ditioning, communications, and office machines. Replacement of flourescent tubes, ballasts, and starters as required. It will be the lessor's respon- sibility 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. 17. 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 restrooms, male and female, to include mirrors, wash- basins, 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. (6) Clean and disinfect bowl of drinking fountain. (7) Vacuum carpeted areas and spot clean as required. Lease No. DOT- FA76SW -1198 ATCT /TRACON, Int'1, Airport Corpus Christi, Texas (b) Two -Week Intervals: (1) Inspect all interior lighting fixtures, lamps, fluorescent tubes and starters. Replace when required. (2) Dust all blinds, decorative or w�ndow- 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) Wash and wipe dry all exterior building windows. (d) Six -Month Intervals: (All areas.) (1) Wash and wipe dry all exterior building windows. 18. CHANGE OF RATES FOR UTILITIES, WASTE AND REFUSE PICKUP ONLY: At the request of either party to this contract, said party having reason- able cause therefor, the rate set forth herein for the above services of $2.00 per square foot for the rentable area shall be renegotiated, and any adjustment so negotiated by mutual agreement shall become effective as of the date of such supplemental agreement. Provided, however, that any rate so negotiated shall not be in excess of a rate charged to any customer of the lessor having similar conditions of service: 19. 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 Govern- ment'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. Lease No. DOT- FA76SW -1198 ATCT /TRACON, Intl. Airport Corpus Christi, Texas 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, 7VOR & VORTAC Airport Surface Detection Equipment . (Instrument Approach) Precision Approach Radar Weather Observing & Measuring Equip. ITS and Components (owned & operated by FAA) ALS and Components _ Central Standby.Power Plant CLASS 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 Lease No. DOT- FA76SW -1198 ATCT /TRACON, Intl. Airport f Corpus Christi, Texas CORPORATE CERTIFICATE 1, , certify that I am the Secretary of the municipal corporation named as lessor in the foregoing lease; that , who signed said lease on behalf of the said municipal corporation was then of said municipal corporation; that said lease was duly signed for and in behalf of said municipal corporation by authority of its governing body and is within the scope of its corporate powers. Dated this day of , 1976. SEAL Signed Title: S r AOPOSED ORDINANCE +i AUTHORIZING THE •{ITV ` 'MANAGER TO EXECUe i �-PN TH � i UNITED STAVES OF TA AA ICA, DEPARTMENT OF ' COMMERCE, NOAA, NA. ' TIONAL WEATHER SERV• ICE, FOn AH ERFEET OF ON A YEAR- TaYtAK o— THROUGH OCTOBER 31, 1981 ALL AS MORE FULLY SU' FORTH IN LEASE AGREE- ' ' MENT, A SUBSTANTl COPY OF WHICH IS A TACHEO HERET X H - MARKED E) SIT , A j AND MADE A PART HERif, ., - t - _. r, - . fir; OF. i7 WAS PASSED ON FIRS *READ ING by the City Coup[ of the City of Corpus Christ a ' during the Regular Cound . t Meeting held on July 28. 1976, at 2.00 P m. and p—ldes that h shall take offect fro^' and efleS + i}s passage alter Its third reesd , ing antl 1,. n. ISSUED UNDER MY RAO AND SEAL of the Gty d C$; ' pus Christi, Texas this ., R3a{ of July, 1476. yy Biil G. Rer3 q)1 t Bill G. Read, Cd•y Secrelaryl p Cdy of Corpus Ct:rislI, Te s (SEAL) A� • .r1 t 7 r } PUBLISHER'S AFFIDAVIT STATE'OF TEXAS, ss: County of Nueces. } �' i Before me, the undersigned, a Notary Public, this day personally came ... ............................... RQt�Qna._C„ -_ Velargue,z-............. ,........ who being first duly sworn, according to law, says that he is the Aocounti. n� ...... ... ...... of the Corpus Christi Caller and The Corpus Christi Times, _ .. -- ... .. ..... ............ .• °......................... Daily Newspapers published at Corpus Christi, Texas, in said-County and State, and that the publication of Legals ... PORPOSED ORDINANCE...AUTHORIZING THE CITY MGR... LEASE NO. 06-6- 921 -611- ---------------------------------------- --------- •----- ......- ...:•.... -- .....•-- .....- ----------•-------------•------------•---•--......-----------.... ............--- ........- ....... 38.. of which the annexed is a true copy, was published in ....- .- .Caller• -Tim6s . .. ................................................ -•— on the......, ... day of ......... AU9ust. ............... 19....763 ... Q- xtinic[sf #mx .......................... c�as�itteyex ........................ ......... ...................... « r� @ 4 r Rowena C. elasqu z Accounting L Subscribed and sworn to before me this ....LL ............ day of......- Augus .t ......................... 19...- .76L.... �✓ Eugenia S.Cortez _-- •- • - - - -- /� :..... -_CAL Notary P ,ueces County, Texas