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Home My WebLink About16267 ORD - 05/27/19811s/05/11/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE DTFAO1-81-L-01089 WITH THE UNITED'STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION AD- MINISTRATION, FOR THE USE OF REMOTE TRANSMITTER SITE #2 AND REMOTE RECEIVER SITE, LOCATED AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, YOR'A TERM BEGINNING JULY 1, 1981 AND ENDING SEPTEMBER 30, 1981, WITH THE GOVERNMENT HAVING THE OPTION TO RENEW FROM YEAR TO YEAR, NOT TO EXTEND BEYOND SEPTEMBER 30, 1996, HOWEVER, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute Lease No. DTFA01-81-L-01089 with the United States Government, Department of Transportation, Federal Aviation Administration, for the use of Remote Transmitter Site #2 and Remote Receiver Site, located at the Corpus Christi International Airport, for a term beginning July 1, 1981, and ending September 30, 1981, with the government having the option to renew from year to year, not to extend beyond Spetember 30, 1996, however, all as more fully set forth in the lease;,,a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. 16257 'SEP 27 19 4 ISMILME.D. SEP `'N "4 Z DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 LEASE Lease No.: DTFA07-81-L-01089 Remote Transmitter Site #2 Remote Receiver Site Corpus Christi, TX __ _._ __ between __ _ -_ CITY OF CORPUS_CHRISTI, TEXAS and - - - THE UNITED STATES OF AMERICA This LEASE, made and entered into this . — _ _day of-_ - in the year one thousand nine hundred and eighty-one :(1981)._ .-_ by and between City of Corpus Christi, Texas . Route 2, Box 902 - - whose address is Corpus Christi, TX 78408 for itself, its ilienietcHtrOMIlfiMptpity,"successors, and assigns, hereinafter called the Lessor and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNEssETH : The parties hereto for the consideration hereinafter -mentioned covenant and agree as follows: -- 1. For the term beginning July 1, 1981- and ending September 30719 -81 the Lessor -hereby -leases to the Government the following described property,hereinafter called the premises, viz- A tract oflandon the_•Corpus Christi International Airport and more -particularly- - described as follows: s STARTING -from' the SW corner -of thes"=RussellJarm-Blocks,•- - -. "-'"Lot 23; THENCE NO1°42'W, 222.46 feet -to the Point of Beginning;-THENCE-N45°W,- 2232.92 feet to a point; -THENCE N45°E, 320.00 -feet -to a.point; THENCE-S45°E, ._- 260.00 feet to a point; THENCE S45°W, 270.00 -feet to a point;-THENCE--S45°E, 760:00 feet to a point; THENCE N45°E, 250:00 feet to a point; THENCE S45°E, 220.00 -feet . to a point; THENCE S45°W, 250.00 feet to a point; THENCE S45°.E, 939.84 feet to a --- point; THENCE 501°42'E, 72.89 -feet to the Point of Beginning -and containing 5.'41---- acres, more or less, on the Corpus Christi International Airport, Nueces County, - Texas. All bearings are true, as shown more particularly on FAA Drawing DR.FW- " D-5110-1, marked Exhibit "A", attached hereto and made a part hereof..... FAA FORM 4423-2 Pg. 1 (8-76) Supersedes Previous Edition z Lease No.: DTFA07-81-L-01089 Corpus Christi, TX _ a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and rightof--way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expi- ration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. - -- _ __ cc' 2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shallbedeemed-exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days writtennotice that it -will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal thereofihall extend the period of occupancy of the premises beyond the 30thay ofSeptember 1996 , 3. The Government shall pay the Lessor ionto ro- ire ; ram°sng in tho emeent of no monetary consi ierati on in the form of rental, it being mutually agreed that the rights extended to the. - _ Government herein -are in consideration of the obligation assumed by -the -Government in its establishment, operation, and -maintenance of facilities-uponpr __-the_emises- --L - -- _ -- hereby leased. ivy -each -- annual renewal exercised by the Gove e_.made in_arrears at the end of each- - vvitiroet the sebm xreeweeeitere. 4. The Government may terminate thislease, in whole or in part, at any time by-givinggat least thirty-(30)--- days hirty=(30)--days notice in writing to the Lessor, and no rental shall accrue after the effective date of -termination -Said -notice ___ shall be sent by certified or registered mail. _. __ .. ;, �- _. this lease. If the Lessor by written notice at least requests restoration of the premises, the G or terminatio ... a.. da s - .. . expiration or termination' - non shall within ninety (90) days after such expiration itional time as may be mutually agreed upon, either (1) restore the premises to FAA FORM 4423-2 Pg. 2 (8-76) Supersedes Previous Edition -401-7,01-01,A_ Lease No.: DTFA07-81-L-01089 Corpus Christi, TX ordinary wear and tear, damage by nature elements and by circumstances over which t ent has no control, excepted) or (2) make an equitable adjustment in the lease a . . a cost of such restoration of the premises or the diminution of the value of the prem: - ored, whichever is less. Should a mutually acceptable settlement be made hereunder a 1 enter into a supplemental agreement hereto effecting such agreement. Failure to - . • such equitable adjustment shall be a dispute concerning a question of fact within the meaning (n) En.u.yi,.iw;D„ i.ii.•id.d :,i ll:.,, Lca,c, ,,,.y ]• pl.L, ce., c... n5 a 41.1c,t:e.. Lease which is not disposed of by agreement shall be decided by the Contracting Officer who sh. • ce his decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The de ' • the Contracting Officer shall be final and conclusive unless within 30 days from the date of rec ' • • such copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written appe. .. essed to the Secretary, Department of Transportation. The decision of the Secretary or his du l .. • nzed representative for the determination of such appeals shall be final and conclusive unless dete .. • • y a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so gr o roneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection y appeal proceeding under this clause, the Lessor shall be afforded an opportunity to be heard . • - •• r -evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessor sh. • ed diligently with the performance of the Lease and in accordance with the Contracting Officer's -(b) This clause dorm- n t peackido-„e„eido.aE;err of4m in paragraph (a) above; PROVIDED • . .. s a i • e construed as making final the decision of any 7. No Member of Congress or Resident Commissioner shall be admitted to any share or.part ofihislease, or to any benefit to arise therefrom. • 8. 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,- brokerage, percentage or contingent fee, except bona - fide employees or bona fide established commercial or -selling agencies maintained by the Lessor for -the purpose of_ securing business. For breach or violation of this warranty, the -Government shall have -the• right to annulihis lease without liability, or in its discretion to deduct from amounts otherwise due -under this lease or other considera- tion, the full amount of such commission, brokerage, -percentage, or contingent fee. 9. All notices sent to the parties under the lease shall be addressed -as follows: City of Corpus Christi, Texas - Tothe Lessor: Route 2, Box 902 Corpus Christi, TX 78408 ' To theGovernment: Department of Transportation, Federal Aviation Administration, Southwest Region, P. 0. Box 1689, ATTN: ASW -56, Fort Worth, Texas 76101 FAA FORM 4423-2 Pg. 3 (8-76) Supersedes Previous Edition 14=No.: OTFA07-81-L-01089 Corpus Christi, TX 10. This lease is subject to the addition provisions set forth below, or attached hereto and incorporated herein. These additional provisions are identified as follows: Articles 11, 12, 13, and 14 follow the signatory page. IN WITNESS WHEREOP,the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF CORPUS CHRISTI,TEXAS As the holder of a mortgage, dated ,recorded in Liber pages against the above-described premises, the undersigned hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. (Mortgagee) BY: TITLE: (Lessor) (Lessor) FAA FORM 4423-2 Pg. 4 (8.76) Supersedes Previous Edition Lease No. DTFA07-81-L-01089 RT Site Corpus Christi, Texas 11. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered -by this contract during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Airport."7raffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Visual Landing Aids Direction Finding Equipment VOR, TVOR, and VORTAC (Instrument Approach) Weather Observing and Measuring Equip. (Owned and operated by FAA)" Central Standby Powerplant. CLASS II FACILITIES Long Range Radar -- Air Route Traffic Control Centers Remote Control Air -Ground Communication Facility ` VOR and VORTAC (en route only) Flight Service Station- - Remote Communications Outlet - Limited -Remote Communications Outlet Other En Route Facilities 12. 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 - rehabilitate, either wholly or partially, the property whichis the subject" matter of this lease. It is further agreed that ±he"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. -- 13. OCCUPANCY OF LAND BEYOND THIS LEASE TERM: The Government shall have the option to renew this lease, wholly or in part, for an equivalent term upon expiration of the initial lease. Lease No. DTFAO7-81-L-01089 RT Site Corpus Christi, Texas 14. ADDITIONS AND DELETIONS: In the preamble the words "heirs, executors,.administrators" are deleted. In Article 2, the portion beginning "AND PROVIDED FURTHER" and ending "of rentals." is deleted. In Article 3, the portions "rental for the premises in the amount of," "for the term set forth in Article 1 above, and," and the portion beginning "per for" and ending "or vouchers." are deleted. Articles 5, 6(a), and 6(b) are -deleted. Articles 11, 12, 13, and 14 were added hereto and made a part hereof prior to the signature of either party to this lease. ,- • . -, 'St?' -r4V3V15- X" • ,r1.0 y That the foregoing ordinance was read for,tk first timenji passed to its second reading on this the 03 day of , l9 S/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the-foregoing'ordinance was read for a second time {i passed to its third reading on this the .gyp day of 19/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr._Charles W. Kennedy Cliff Zarsky That -the foregoing ordinance wa read for the tMrd time and passed finally on this the c27 day of , 19j/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the e17 day of ATTEST: 'tit Secretary ' APPROVED:r, /3 DAY OF•' , l9d�: YCOC CI j%ATTORNEY J. BRUCE By Assistant Ci torney MAYO 16267 THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nueces. }ss: PUBLISHER'S AFFIDAVIT - v.235263 `(Dd.Q I CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came .BTT,LTF.. L...„HFaIDERBON. ., who being first duly sworn, according to law, says that he is the .ACALIUNTING„CLERK 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 NOTICE OF PASSAGE OR ORDINANCE ON SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE... of which the annexed is a true copy, was published in COR1?US CHRISTI CALLER -TIMES ^____. on the. 25th day of MAY 1981_.., and once each day thereafter for one consecutive...„..._„ ..„...day one Times. 42.64 BILLIE J. HENDERSON 3_ Subscribed and sworn to before me this 2nd day of JUNE 19 81 LOISo 13g ot P 'c, Nueces County, Texas 0 PASSAGE B ORDINANCE.ON SECOND READING da AUTHORIZING THE ITY MANAGER TO EXE UTE LEASE DTFA01.081. 1 s_ L1089 WITH THE UNITED -- STATES GOVERNMENT, DEPARTMENT OF TRANS- APORATT�ON,AFEDERAL a TRA7ION FOR THE USE it OF REMOTE_TRANS- i' MITTEREITE-k2 AND RE- P MOTE RECEIVER SITE, F LOCATEDSCHRATISTTI HEINCOR TER- PU- 2 NATIONAL AIRPORT, FOR iy JULY 1, 1981 AND1ENDING 1Is SEPTEMBER 30, 1981, r NT HAV NGTH HTHE OPTIONE ETO RENEW FROM YEAR TO A YEAR NOT TO EXTEND b- BEYOND SEPTEMBER 30, 6, 1996, HOWEVER, ALL AS Jr MORE FULLY SET FORTH INTANTHE LEASE, ALCOPAY SU P OF STIB- f, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". the City CounciIs l of the Citiven that t. Corpus Christi has on the 20th d6y of May, 1981, ap- proved on second reading, previously approved on first r reading on May 13 1981, the aforementioned ordinance. The fnanceil savailatext be f to they pub- lic In the Office of the City f Secretary, Witness my hand this 21st day of May, 1981. -s'131/1 G. Read City Secretary Corpus Christ J. . `TIC,OF 2