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HomeMy WebLinkAbout03631 ORD - 01/06/1954AN ORDINANCE NO. 3631 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO FXFCIITF A IEASE AGREEMENT WIT _jdL_ INIT."jATFS OF AMERICA, LEASING THE ENTIRE CONTROL TOWER STRUCTURE LOCATED AT CLIFF MAUS MUNICIPAL AIRPORT TO BE USED BY CIVIL AERONAUTICS ADMINIS- TRATION AS QUARTERS FOR A COMBINED TOWER - COMMUNICATION STATION, FOR THE PERIOD BEGINNING JANUARY 1, 1954 AND ENDING JUNE 30, 1954, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH THE UNITED STATES OF AMERICA, LEASING THE ENTIRE CONTROL TOWER STRUCTURE LOCATED AT CLIFF MAUS MUNICIPAL AIRPORT TO BE USED BY CIVIL AERONAUTICS ADMINISTRATION AS QUARTERS FOR A COM- BINED TOWER - COMMUNICATION STATION, FOR THE PERIOD BEGINNING JANUARY 1, 1954 AND ENDING JUNE 30, 1954, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE FOREGOING ORDINANCE WAS ff READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE L , -A DAY OF DECEMBER, 1953, - BY THE FOLLOWING VOTE: r—f-�= A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE THAT THE FOREGOING ORDINANCE WAS READ FOR THE S /OND TIME AND PASSED TO ITS THIRD READING ON THIS THE / U DAY OF \ 1951, BY THE FOLLOWING VOTE: --- ��� - --- A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY /. JAMES S. NAISMITH W. JAMES BRACE 5u 5l THAT THE FOREGOING ORDINANCE AS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE AY OF , 1954, BY THE FOLLOWING VOTE: �''""^�� A. A. LICHTENSTEIN ELLROY KING C/ P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE / - j�-� /' PASSED AND APPROVED, THIS THE (/� D-AY Or J ARY, 1954. MAYOR ^� THE CITy4 CORPUS CHRISTI, TEXAS ATTEST: l� ( CI T EC RE`f RY APPROV! D AS TO (ILEGAI, FORM: CITY AT ORNEY �(� 31 U. H. 8—dard Form No 2 (P,esise<L) ApP—d by the &cre[ary ofib, 'I'C',. y May 6, 1935 LEASE BETWEEN Cam' OF CM= CMIM AND TAE UNITED STATES OF AMERICA 1. THIS TEASE, made and entered into this day of , in the year one thousand nine hundred and rlft"' -tom by and between CITY W C"Js CHUSTI, whose address is *-i*4v1 Airport, Cuff Mans Field, P.J Bcm 1779, Corpus 0twictis Temw for its heirs, executors, administrators, successors, and assigns, hereinafter called the Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSE'llx: The parties hereto for the considerations hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Government the following- described premises, viz: r}.va rOMO, 000OK01M tko entire Ccmtral, Twee eiructure and gontai=r. iM reepeativ*V 1%a 115, 115, 115, and 154 feet, for s total area or 4PTrCPd=te7y 653 srCasrs feet of floor apaKw, said etrnctuce Located at the *oicipa3. Amts M= HMO maid, Come! Gins U, 'aucee CouuV, T"", to be used exclusiveiy for the following purposes (see instruction N13.33) : ; fm C3ombiae4 T-Aw do mi deeUmn Stetion, Dep utimut of Comoro% CiVU Aw=wUaa A&"wkratios, C037ft ;;brietl, Tea s. 3. To HAVE AND TO HOLD the said premises with their appurtenances for the term beginning damaw is 195th0 and ending with jW 30 , 19$f►. 4. The Government shall not assign this lease in any event, and shall not sublet the demised premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said Premises by anyone other than the Government, such sublessee, and the agents and servants of the Government, or of such sublessee. ,' This 1 ase may at the p�tior&r Qf the Government, be renewed from year to year at a rental of a and 1w�]A(3 7k lore t .. 33 Per arm= and otherwise upon the terms and conditions herein specified, provided notice be given in writing to the Lessor at least turty days before this lease or any renewal thereof would otherwise expire: Provided that no renewal thereof shall extend the period of occupancy of the Premises beyond the '" U' at" day of J%: io, )9_5k% 6. The Lessor shall furnish to the Government, during the occupancy of said premises, under the terms of this lease, as part of the rental consideration, the following: Thr- iacvr -r=me "" sh'ill 1120 iiavo tila Tight and privilege to inzta7l,, onerra'LA .vid �ni.ntt31-1 fmte moires ,tnd aF r�artcy=Oes On tOp of the Uontxol 'i:war str>ctare, or �rvOi ether ".tc ati{3r, r-,2 airport property as de med nseea , &,nd the furih er ri ht tc ° i ;ta; .n nt cuss • �10r"'Octi2rg merle from mwh installatioas to ttm Cq,,Ihirsd �t.ticll„ Xrc+vided mioh .i ,siaUations &D act nonst3tttte '�L 1;: =,zvcrs3 to the operat al of a3rcraf£. The Gc7errnment staill, also he" tbo rigixt cad privilege to ilrstauj , 40verate and imintsh such underground ccalmecting power ca'ca e, as Illl be noose - .r between the Cambined To4or-4atmaunivatiau Statical in the Control. Tumor struo-• 'Vxe and its emergency stand-by power plant located in a Governmont-*w butl3- i, ,.for proper %)oration of tho facility thWIM pericde fo • mmvb power fail-are. 7. The Government shall pay the Lessor for the premises rent at the following rate: Una axle a.c 100 Dollars (l.oW per annum. Pavrnep_t shall be made at the end of each G_QVMttoetxt ViOC4 Year, 4=0 3Uth. -All rental PSYMOnts under this letwe will be Made in arrears without suhmieaiou of 'vouchers or iu4ofcee. S. The Co-vernment 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 (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located) ; -which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be zmd remain the property of the Government and may be removed therefrom by the Government prior to the termination of this lease, and the Government, if required by the Les- sor, shall, before the expiration of this lease or renewal thereof, restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Govern- ment has no control, excepted: Provided, however, that if the Lessor requires such restoration, the Lessor shall give written notice thereof to the Government thiry days before the termination of the lease. U. S. Sl lard Form No. 2 MP,Vis,d Muy 6, 19:16) LEASE (S .12) 9. The Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and tenantable condition during the continuance of this lease, except in case of damage aris- ing from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining the premises, the Lessor reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs thereto. 16. If the said premises be destroyed by fire or other casualty this lease shall immediately ter- minate. In case of partial destruction or damage, so as to render the premises untenantahle, either party may terminate the lease by giving written notice to the other within fifteen days thereafter, and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage. 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any Share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company,, if the lease be for the general benefit of such corporation or company. 124 This P�h :, as 101.1 s2 the attecbed tigre :t fir upemtiou a i.?c Airport Trsrrfic COW-,ra �Mw tv txm CA4 sftre SsMrtcrl herei:: 444 W-& a part of this loam, all prur tc a1,;uatur4s a aw of 't w p=*14os t.:, tUs lease. IN WITNESS WFIEREOP, the parties hereto have hereunto subscribed their names as of the date first above written. In presence of: £ITS or tamns Cifl?Int , BY Lessor. (Address) Title irtill_ UNITED STATES of AMEmcA, By - __ [oreGat bea) (If Lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary.) , certify that I am the Secretary of the corporation named as Lessor in the attached lease; that _ _ I who signed said lease on behalf of the Lessor, was then? _________.____ -_ of said corporation; that said lease was duly signed for and in behalf of said corpor ation by authority of its governing body, and is within the scope of its cor- porate powers. — -------------------------------- _ -___ CORPORATE] r6-- 1uB01 -1 SEAL INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE 1. This standard form of lease shall be used whenever the Government is the lessee of real property; except that when the total consideration does not exceed $100 and the term of the lease does not exceed 1 year the use of this form is optional. In all cases where the rental to be paid exceeds $2,000 per annum the annual rental shall not exceed 15 per centum of the fair market value of the rented premises at the date of lease. Alterations, improvements, and repairs of the rented premises by the Government shall not exceed 25 per centum of the amount of the rent for the first year of the rental term or for the rental term if less than I year. 2. The lease shall be dated and the full name and address of the lessor clearly written in paragraph 1. 3. The premises shall be fully described, and, in case of rooms, the floor and room number of each room given. The language inserted at the end of article 2 of the lease should specify only the general nature of the use, that is, "office quarters," "storage space," etc. 4. 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. 5. 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 signing the same. 6. Where the lessor is a corporation, the lease shall be signed with the corporate name, fol- lowed 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 his authority so to act shall be furnished. 7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat, light, janitor service, etc. S. There shall be no deviation from this form without prior authorization by the Director of Procurement, except — (a) Paragraph 3 may be drafted to cover a monthly tenancy or other period less than a year. (b) In paragraph 5, if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "from year to year" shall be deleted and proper substitution made. If the right of renewal is not desired or cannot be secured para- graph 5 may be deleted. (c) Paragraph 6 may be deleted if the owner is not to furnish additional facilities. (d) If the premises are suitable without alterations, etc., paragraph 8 maybe deleted. (e) Paragraph 9 provides that the lessor shall, "unless herein veeifiacito the contrary, maintain the said premises in good repair, etc." A modification or elimination of this requirement would not therefore be a deviation. (f) In case the premises consist of unimproved land, paragraph 10 may be deleted. (g) IN-hen executing leases covering premises in foreign countries, departure from the standard form is permissible to the extent necessary to conform to local laws, customs, or practices. (h) Additional provisions, relating to the particular subject matter mutually agreed upon, may be inserted, if not in conflict with the standard provisions, including a mutual right to terminate the lease upon a stated number of days' notice, but to permit only the lessor so to terminate would be a deviation requiring approval as above provided. 9. When deletions or other alterations are permitted specific notation thereof shall be, entered in the blank space following paragraph 11 before signing. 10. If the property leased is located in a State requiring the recording of leases in order to protect the tenant's rights, care should be taken to comply with all such statutory requirements. 4- 593 -40 DEP,`,RTiL NT OF CO",=CE CIVIL AERONaCTICS AD1112NIS,'RATION AG RE',,', l NT OPETLATION OF AIRPORT C'PF.FrTD CO'TROL TO'v's'ER BY TFE CAA THIS AGPLEF -ii.`, TiT, made this clay- of ly by and between aMi nrTy; = =� Party of the First Part, State, county, municipal' -ter or other public authcrilyj and the United States of America, acting by and threugh the C.i.vil leronautics Administration, Parts= of the Second Part, 1S77,15SETH T1iATo T'NEREAS, it is in the public interest that the Ilirport Traffic Control Tower at XVQWt$ 04th ftla_gIO dY be operated by the Party c£ the Second Part in accordance with standards established by the Federal Government. NOV7, T Liil?FORE, for and in consideration of the operation of the lirport Traffic Control Tov, -er 44,# „g pl d the Party of the Second Part, subject to the availability of funds therefor, the Party of the First Part agrees to the Following conditions: 1. Party of the First Part shall previie a control tower structure meeting CAA standards and shall rent such tower to the CoverrL °lent at a nomirai sum of :1.00 a y ar. 2. Party of the First Part shall include in the leas, to the Federal Government at wl.UO a y ^r the use cf all traffic control equi, ,)went presently available. 3. The control toner stracture snail be proper_L r : _intau,cd by the Party of the First Part. 4. Party of the First Part shall pay for all current for boundary, flood and obstruction lints, even thouh t:.ese lights ma_ be operated by a federal con- troller in the control. tcL,,er. 5. All airport lighting -which is essential to safe aircraft operations and which can b controlled from the control towi3r and all traffic control devices uhioh are designed to be rasote7.- controlled, shall be unda-r tLc control of federal employees in the control tower. 4- 593 -40 Page 2 6. Party of the First Part shall. retain the responsibility for the proper functioning of any light or other locally installed device which is placed at the disposal of federal airport traffic controllers. 7. Party of the First Part shall retain the responsibility for the proper functioning of apparatus necessary for traffic control, which cannot be placed in operation_ or controlled from the control tower, or which is not otherwise operated by the Party of the Second Part. $. Party of the First Part shall advi.ae- the, - chief- aispoet- trafiy� a3nc�nl�r. ar any portions of the field which may be unsafe for normal use by aircraft and shall properly mark such areas. 9. Party of the First Part shall assume the responsibility for any conditions on the airport which are not subject to control of a federal airport traffic controller on duty in the tower. 10. Party of the Second Part shall have complete control over the operation of the control tower at all times and shall not be subject to the direction or supervision of the Party of the First Part in that respect. 11. Party of the First Part shall notify the chief airport traffic controller or his representative before any maintenance or construction personnel are sent out on the landing area unless such personnel are proceeding in accordance with a schedule which has been approved by the chief airport traffic controller. 12. Tnsofar as the Party of the Second Part is concerned from a traffic standpoint, the Party of the First Part may reserve any portion of the landing area for any reason that it may deem proper or sufficient for as long a period as the Party of the First Part desires, provided that any such area shall be properly marked off and trot i., eivr o1 . ttiu eti..0 gig .: .Lip uVti± rrtie ?.e+.l1CS_ its' if.,% ,juab be ern. when a portion of the landing area is marked off for maintenance or construction. Provid- ing that this section shall not be deemed to affect any provision contained in any 4- 593-40 Page 3 contract previously entered into between the ,, ate, co y, municipality or " and the United States Covernment concerning the use of the other public authority said landing area. 13. No Pdember of or Delegate to Congress or Resident Commissioner shall be ad- mitted to any share or part of this agreement or to any benefit to arise therefrom, Nothing, however, herein contained shall be construed to extend to any incorporated company, if the agreement be for the general benefit of such corporation or company. WITNESSES; + I, E.. Title THE UNITED �- TES OF AMERICA certify that I `jr. the __ of the State, county, municipality or other public authority named in the fo:•z�oing agreement; that who signed said agreement on barD1P of was then of said that said agreement was duly signed for and in behalf of said by authoritT,r of its governing body, and is within the scope of its powers. (CORPORATE) ( SEAL )