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HomeMy WebLinkAbout13366 ORD - 09/01/1976JKH:vmr:7- 28- 76;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. 06 -6- 021 -61138 BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA, DEPARTMENT OF COMMERCE, NOAA,, NATIONAL WEATHER SERVICE, FOR THE RENTAL OF 1,063 SQUARE FEET OF SPACE IN THE AIRPORT f TOWER BUILDING, EFFECTIVE JULY 1, 1976, THROUGH SEPTEMBER 30, 1977, AUTOMATICALLY RENEWABLE ON A YEAR -TO -YEAR BASIS THROUGH OCTOBER 31, 1981, ALL AS MORE FULLY SET FORTH IN LEASE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: t SECTION 1. That the City Manager be and he is hereby authorized to execute Lease No. 06 -6- 021 -61138 with the Department of Commerce, National Weather Service, for and on behalf of the United States of America, for use of , 1,063 square feet of space located on the second floor of the Tower Building at the Corpus Christi International Airport, commencing on the 1st day of July, 1976, through September 30, 1977, and renewable from year to year thereafter, but not beyond October 31, 1981, all as more fully set forth in Lease Number 06 -0 -021- 61138, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". MICROFILMED JUN J. 7 198,0 13366 STANDARD FDRM i, -6 FEBRUARY 1965 EDITION - U.S. Government ' L E A 5 E DATE July 1, 1976 July IN0. GENERAL SERVCES ADMINISTRATION rPR (el CFR) t -16601 Lease for Real Property Short Form) The LESSOR leases to the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT, the described premises on the terms stated herein, including the Conditions on the reverse hereof. I. LOCATION OF LEASED PREMISES +• Corpus Christi International Airport Corms Christi, Texas 2. DESCRIPTION OFLEKSED PREMIBFSApproximately 1063 net usable square feet of space, consisting of Office for Meteorologist in Charge (169 sq. ft.); Observation - Briefing Room (388 sq.f , Radar Room (115 square feet), Room for Electronic Technician (173 sq. ft.), and Stora Room (218 Sq. ft.) on the second floor of the Tower Building, a plot of ground space 50' x 150' for location of radar tower and equipment, location of said plot shown on attachea whirb i4 made a part of thin space; other ground and /or roof space ar rcing, 3. TERM. To have and to hold-, (continued in Block 7) For the term beginning ............... July-..1,_..197b.......................... through ..:.._..SeptPmber..3D-,.- 147.7 ............ ....... From year to year thereafter, but not beyond ____ _ __ ______ __________ __ Oatober..31 .1 9. 81_.________. __----------------------------- this lease shall be automatically renewed from year to year wit�;ut further notice unless and until the Government shall give notice of termination in accordance with Clause 4; Pr vided, that adequate appropriations are available from year to year for the payment of rentals - and provided further, that this lease shall in no event extend beyond 10/31/ 4. TERMINATION. The Government may terminate this lease at any time by giving at least --------- 6.0............ days' written notice to the Lessor. Said notice shall be Computed Commencing with the day after the date of mailing. 5. RENTAL The Government shall pay the Lessor annual rent of $-1-00—:... ---------------- at the rate of $1..00 ........................ per ------ -------------------------- in arrears. Rent for a lesser period shall be pronted. Rent checks shall be made payable to: . City of Corpus Christi Corpus Christi, Texas 78403 a SERVICES AND UTILITIES (Enter "X' im "xJer each item to & provided by Lestor as part of I—) (1) HEAT (5) CHILLED DRINKING WATER (9) TOILETSUPPLIES - (2) ELFL'TRICITY (6) AIR CONDITIONING (10) JANITOR SERVILE AND SUPPLIES _________ __ __________ ❑ (3) POWER (Speeial egaipmenr) ' . ` ❑ (7) ELEVATM L ET E (i1) BALLASTS STS AND. TUBES. - (Fregnenry) BALLASTS AND REPLACEMENTS 1111��...... !� LLL...rrr ❑ (6) WATER (R tend X; r µ •�-" ❑ (5) WINDOW WASHING (Quarterly) (12) MECHANICALVEN7ILATION r t ❑ 03) OTHER(Specly) . 7. SPECIAL OR OTHER PRINISION (S)AGREED UPON • , 2. (cont'd) as may be mutually agreed by the parties hereto; with cable connections as necessary to all space; all space located at Corpus Christi International Airport, Corpus Christi, Texas, which space shall be readily and conveniently accessible at all times. " Prior to signature by either party Paragraph 6 was deleted; Paragraph 4 and the words ;'heirs, executors, administrators" in Paragraph 7 were deleted from the General Pro- visions; Sheets No. 3 and -4 were added. ; LESSOR• - City of Corpus Christi ---------------- --- ---- --- -- ---- -- -- ---- --- ---- --- --------- -- - - -- -------•-------------------------------------------- _. -"-• (Sisnawo (signature) UNITED STATES OF AMERICA Dept. of Commerce, . . NOAA, National Weather Service BY----------------------•---- -- --- -- --- --------- --- --- -•---- ---- -'--- ---•----- - -- ----- -------- -•------ - - - --- ----------------------------•--- (Sisrcarare) (QB+aia[rirle) (Dec ue terat rrovurons on reverse/ r- GENERAL PROVISIONS 1. MAINTENANCE OF PREMISES The Lessor shall maintain the premises and.property furnished under this lease in good repair.and tenantable condition during the continuance of this lease, except in case of damage arising from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may, at reasonable times approved by the Government, enter and inspect the same and make any necessary repairs thereto. 2. DAMAGE BY 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 untenantable, as deter- mined by the Government, the Government may terminate the lease b9 giving written-notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial destruction or damage; `and"if riot so terminated the 'rent shall be reduced proportionately- by supplemental agree- ment hereto effective from the date of such partial destruction or damage. + 3. ALTERATIONS' ' " ` - - - •" _ The Government may make alterations, attach fixtures or signs and erect'structures in or upon the leased premises, all of which shall be the property of the Government. 4. CONDITION REPORT A joint physical st,insicw. rt of the demised premises shall be ma 1L ctill.e 'flte of this lease, re- flecting the then prese on on, an will be signed on behalf of the parties hereto. 5. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress, or Resident Commis- sioner 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 benefiL • 6. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to com- ply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is simated and, at his own expense, to obtain all necessary permits and related items. 1. -LESSOR'S SUCCESSORS' ;The ieints and provisions of ttiis lease andlthe conditions herein shall bind the Lessor, and the Lessor's `= rs, __ -' ' - t>!eeers, successors, and assigns. -, _ - •;� t 8. COVENANT AGAINST CONTINGENT FEES The Lessoi••warr_mrg_ that no person or 'selling agency hdi been - employed of retained to solicit oi- secure this -lease upon -an agree- ment or understanding ford commission, percentage, brokerage,_ or contingent fee, excepting bona fide employees. or bona,-,fide establishid commercial or selling.agencies maintained -by the Leiior for the purpose of securing business: For bleach or viola- tion of this warranty the Government shall., have the right to' annul this lease without liability or in its discretion to deduct front the rental price or consideration, or-b 'jherwise recover, the. full amount of such commission, percentage, brokerage or con- tingent fee- (Licensed real estate agents or brokers having list- ings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole pur- pose of effecting this lease, may be considered as bona fide em- ployees or agencies within the exception contained in this clause.) STANDARD FORM 2 —B ' FEBRUARY 1963 EDITION \f 9• 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 segre. gation or otherwise against any person or persons because of race, creed, color, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, includ- ing any and all services, privileges, accommodations, and activi- ties provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily fur- nished 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 provi- sions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Go%emmenr 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 .ail 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 bhtained in as close proximity to the Lessor's building-as'is feasible and moving costs will be limited to the actual expenses 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 pursuant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrangement or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and all lawful • actions as expeditiously as possible, with 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. _ _• - 10. EXAIIIINATION OF RECORDS '7 - ` - -' - "-(NOTE: This piovfsfou is applicable'if this lease was negatidied • - *withour*advettising.)- -• -r Z. The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transac- ' "lions related to this lease. b."Ile Lessor further agrees tc include in all his subcontracts hereunder a provision to the effect that- the.subcontractor agrees - thai the Comptroller, General, of the United States or his repre- sentatives shall, until the expiration of 3 years after final payment under this lease with the Government, have access -to and the right to examine any directly pertinent books, documents, papers, and - records of such subcontractor involving transactions related to the subcontract n. INSTRUCTIONS Whenever the lease is executed by an attorney, agent, or other person, or corporation on behalf of the Lessor, the name of the Lessor shall appear above the signature of the person signing. nS. GOYERNBEm MINn11 DEVICE ;IY,S— O-TIP36D -3— 8. It is understood and agreed by the parties hereto that this lease supersedes and stands in lieu of Lease N021- 9815 -68 which expires by limitation on June 30, 1976. 9. If at any time during the period of this lease or any renewal thereof, the lessor desires to change the location of sites furnished the Government pursuant to this agreement, or the lessor changes or modifies his facilities (runways and other areas) in such a manner so as to adversely affect or render useless Weather Service equipment, facilities, and /or their related power, control or signal lines, any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the Government shall be at the expense of the Lessor. r THAT THE FOREGOING ORDINANCb WAS READ F TH FIRST TIME D PASSED TO ITS SECOND READING ON THIS THE U^ =DAY OF , �9 BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDIN NCt WAS READ THE SEC ND TIME AV PASSED TO ITS THIRD READING ON THIS THE -DAY OF BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FO EGO NG ORD FINALLY ON THIS THE_DAY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, T ATTEST: 0-0! s�.L CITY SECRETARY AP RO ED: DAY OF 44,404 CITY ATTORNEY i PASSED ,OWING VOTE: l9�v MAYO THE CITY OF CORPUS CHRISTI, TEXAS LEASES WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANS- PORTATION, FEDERAL AVIATION ADMIN IS- TRA71ON, 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 s GENERAL AVIATION DIS- TRICT 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 r USED BY TH AIRWAY FA- CILITIES S. C. TOR, ALL AS MORE FULLY SET FOF..H IN LEASE NO. _ 1]pyA SUBSTANT AL COPY OF WHICH ATTACHED s` HERETO AND MADE A .PART HEREOF, MARKED EXHIBIT "0 "; AND A THIRD PORTION TO BE USED BY AIR TRAFFIC CONTROL,` ALL AS MORE FULLY SET FORTH IN LEASE NO.DOT- FA76SW -1198, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREO , MARKED—'EXf�I BIT "C "; THE AFORESAID THREE LEASES TO COMMENCE ON SEPTEMBER I, 19•i5 AND TO BE RENEWABLE ON A YEAR-TO-YEAR —BASIS THROUGH SEPTEMBER 3D, 990; AUTHORIZING THE CITY MANAGER TO EXE- CUTE A CANCELLATION AGREEMENT FOR PROVI- SIONAL LEASE NO. DOT -' FA74SW -1216 BETWEEN THE CITY OF CORPUS CHRISTI - f AND THE UNITED STATES - GOVERNMENT, DEPART - TIENT OF TRANSPORTA- ' ON' FEDERAL AVIATION ADMINISTRATION, EFFEC- TIVE AUGUST 31, 1975, WHICH LEASE IS SUPER- '•� SEDED BY DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION AD- MINISTRATION LEASE NOS COT - FA76SW -1)96, DOT - FA76SW -1197, AND DOT - FA76SW-119B. WAS PASSED ON FIRST READING by me City Council a me city a CarPUS Christi during the Regular Council ,- Meeting held on July 21, 1976, at 200 P.M. and provides that it shall take effect from and after Hs passage after Its third read- ing and publication. ISSUED UNDER MY HAND AND SEAL of the City of Cor- pus Christi, Texas l this: day a Jul, 1976. Bil G. Reed (s) Bill G. Read Clty Secretary r: City a Corpus Christi, Texas i PUBLISHER'S AFFIDAVIT SIATE OF TEXAS, lss: County of Nueces. i jl Before me, the undersigned, a Notary Public, this day personally came .................. . Rowena.. Q...LKU tLa.giAe z ....................... who being first duly sworn, according to law, says that he is the AcCOUnting.......................................................... 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 ... PROPOSED ORDINANCE ... AUTHORIZING THE CITY MANGR ... LEASE NO. DOT- FA76S61- _..-- ................._.............--•--•---............................................ .........----- _.............. -. � 1197... of which the annexed is a true copy, was published in Caller -Times ..... ....... ........................ — on the... ._... day of....... August ................ 19---76 and v[ tGS; �AOixAugust'. 3Q.. EIperEefc6eR #cag.......................... CDA= tttiV= ....................................................... r i..., z ....................Times. 66- oo ' .............. Rowena C, Velasquez Accounting' Subscribed and sworn to before me this 11 day of ........... -... t . ................... 19---..7.6..... ± Eugenia S_ Cortez Texas �i z A'.4 ger �inlA� A'.4 ger �inlA� ' .4- City of Corpus Christi ,} Legal Depart6nt c •V n ! H V 1 f a ' .4- City of Corpus Christi ,} Legal Depart6nt