Loading...
HomeMy WebLinkAbout16322 ORD - 06/17/1981'nh:6-1-81;lst, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION FOR THE USE OF SPACE AT EVELYN PRICE PARK, CORPUS CHRISTI, TEXAS, FOR THE LOCATION OF AN AIRPORT SURVEILLANCE RADAR STATION, ALL AS MORE FULLY SET FORTH IN LEASE NO. DTFA07-81-L-01068, 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 a lease agreement with the United States Government, Department of Transportation, Federal Aviation Administration, for the use of space at Evelyn Price Park, Corpus Christi, for the location of an airport surveillance radar station, to commence on July 1, 1981 and extend through September 30, 1981, to be renewable on a year-to-year basis, through September 30, 1991, all as more fully set forth in the said lease agreement, No. DTFA07-81-L-01068, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A", said lease to supersede Lease No. DOTFA72SW-1013 which expires on June 30, 1981. 16322 MIGNEliza 484 DEPARTMENT OF TRANSPORTATION F6DERA1. OUTHWESTDADMINISTRATION REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 LEASE between CITY OF CORPUS CHRISTI, TEXAS and THE UNITED STATES OF AMERICA ThisLEASE,made and entered into this day of in the year one thousand nine hundred and eighty-one- (1981) byandbetween City of Corpus Christi, Texas City Hall whose address is Corpus Christi, Texas 78403 Lease No.: DTFA07-31-1-01068 Airport Surveillance Radar Evelyn Price Park Corpus Christi, Texas - for itself its pIfytf,h(f96/0'/ fsjsuccessors,and assigns, hereinafter called the Lessor and the UNITED STATES OF AMEsucA,hereinafter called the Government: WrrNEssETII:The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning July 1,1981 and ending September 30, 1981 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: A 200 -foot by 200 -foot plot of ground located in Evelyn Price Park fronting -on_ Goliihar Road between Kasper Street and Weber Road in the City of Corpus Christi, Nueces County, Texas. The site -is more particularly described as follows: Ctxamencing at a 5/8 inch iron rod at the most eastern corner -of the W. C._Lowery- Park, as recorded in Volume 24, page 83, of the Deed Record on file with the Clerk of Court, Nueces County, Texas, go 561°47'E for 50 feet; thence S28°17154"W for 10 feet to the Point of Beginning; thence S61°47'E for -200 feet; Thence S28°17154"W for 200 feet; thence N61°47'W for 200 feet; thence N28°17'54"E far 200 feet to the Point of Beginning and containing 0.92 acre, more or less at latitude 27°43'57" and longitude 97°23'60". FAA FORM 4423-2 Pg. 1 (8-76) Supersedes Previous Edition Lease No.: DTFA07-81-L-011 ASR , 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 right-of-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 boustds, 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. 2. This leas 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 shall be deemed exercised and the lease renewed each year for age (1) year unless the Government gives the Lessor thirty (30) days written 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 30 day of September 19 91 ;,AND PROVIDED TURTIlER, 3. The Government shall pay the Lessor rental for the prami,es.ia-th^ a'ns"rt of - no monetary_considerati 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-Goverlmtent'in- its establishment, operation, and maintenance of facilities- upon the premises_ hereby - 1 ° iel leased. annual renewal exercised by the Governm peaeh ftu_yments-shaiYb�'ma e m arrears at the end of each n ,.f;nvn;r^C or vonetter 4. The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (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 days before t e • . - ' non or termination requests restoration of the premises, the Government , ' within ninety (90) days after such expiration or termination, or within ' .:d' - ime as may be mutually agreed upon, either (1) restore the premises to FAA FORM 4423-2 Pg. 2 (8-76) Supersedes Previous Edition Lease No.: 0TFA07-81-L-01068 ASR Corpus Christi, TX ordinary wear and tear, damage by nature elements and by circumstances over which control, excepted) or (2) make an equitable adjustment in the lease am :_premises or the diminution of the value of the premise • settlement be made hereunder, th Failure to ment has no cost of such restoration of the , whichever is less. Should a mutually acceptable enter into a supplemental agreement hereto effecting such agreement. equitable adjustment shall be a dispute concerning a question of fact within the meaning Lease which is not disposed of by agreement shall be decided by the Contracting Officer who shall .:his' decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The decisi + e Contracting Officer shall be final and conclusive unless within 30 days from the date of recei ch copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written appeal sled to the Secretary, Department of Transportation. The decision of the Secretary or his duly auth zed representative for the determination of such appeals shall be_ final and conclusive unless deter a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so grossl nous as necessarily to imply bad faith, or not supported by substantial evidence. In connection wi appeal proceeding under this clause, the Lessor shall be afforded an opportunity to be heard and to-offerev dence in support of its appeal. Pending final decision of a dispute hereunder, the Lessor sha•lleCcriligently with the performance of the Lease and in accordance with the Contracting Officer's vston in paragraph (a) above; PROVIDED el"a-e h;,,g sn J &. ase -shalt -f, construed as making final the decision of any 7. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. 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 busineis. For breach or violation of this warranty, the Government shall have the right to annul this - lease without liability, or in its discretion to deduct from 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, TX To the Lessor: City Hall Corpus Christi, TX 78403 To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, P. 0. Box 1689, ATTU: ASW -56, Fort Worth, Texas 76101 FAA FORM 4423-2 Pg. 3 (8-76) Supersedes Previous Edition Lease No.: OTFAO7-81-L-01068 ASR 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, 14, 15, and 16 follow the signatory page and made a part hereof. IN WITNESS WHEEEOB,the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF CORPUS CHRISTI - 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: --_- -- (Lessor; a ;' TIfIE•R. Marvin Townsend Git. l?dllage _ (Lessor) { i _ P PPROVEDIM (Lessor) Assistant--C4ty At orney APPROVED_ 11 \j (Lessor) (Dept. Head) (Lessor) Title FAA FORM 4423-2 Pg. 4 (8-76) Supersedes Previous Edition ing Officer Airport Surveillance eeee. Evelyn Price Peri( „xas Corpes Chr_eti , 11. RESTORATION.expiration of upon termination orrnexpir if It s understood Governmentand agreed shall that, remove sl1 of its equip days from the oriits within a period of thirty (?O) this lease,Writing Hit the lease, t',Q Government shall requested of therLesson or expiration ofo all (2) Cher obstructionsopa depthtl of t0 be -the date termination or by feetrecve l all concrete foundations and d all left holes cbysu as -nearly as Pov-al shall l its below normal property level,uthe Les filled, and the F"ocerty returned to former condition less reasonable wear and tear. EUILDI:'•C AND GROUNDS MAINTENANCE. 12. on the leased will understood send agreed that all structuresconform a site o Itia od be constructed and maintained in a presentable manner to building practices; that all vegetation will be kept mowed to conform to any end all city ordinances. FUNDIK RESPONSIBILITY CLASS I - II FACILITIES' RESPONSIBILITY replacement, or rt owner agrees that any relocation, The modification Federal Aviation Administration Claes I or II facility, or components of anycovered by this contract curing its thereof, as defined below, improvements cr ore aoronerts operational term a any h impair renewal thereof interrupt -the technical airportandhe /or opedo airport ch rac eristi woofer the facilities of f'_o of facilities will 1'%e at tis are made characteristics except, ic3at theecc-a�ecifi or roque hof h, Government. vu neh imp improvements he enevent SUCO relocations, ether the: causes net attributable beteither'ith e request of the due to'.n responsibility airportroita vernmeet, funding re_i owner or the Ge by the Government. -CLASS T FACILITIES _� Visual Landing Aids Direction Finding Equipment VOR, T_VOR, and VORTAC -- (t aset ng tach) 4ieat!:er Observing and Meseuring Equip. operated : FAA) (Owned an. P ,y Central Standby Powerplant Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower - Airport Surveillance Radar EQuiFr?nr Airport Surface Det ection Precision Approach Radar ILS and Compor,erte &LS and Components CLASS II FACILITIES VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other En Route Facilities - Long Range Radar Air Route Traffic Control Centers Remote Control Air -Ground Communication Facility 14. TERMINATION RIGHTS: The Government shall have the right and privilege to terminate this agreement, wholly or in part, at any time during the initial term, or any renewal thereof, by giving thirty (30) days' notice in writing to the owner, such notice to be computed from the postmark on the envelope in which said notice is mailed, and no rentals shall accrue after such termination date. 15. OCCUPANCY OF LAND BEYOND THIS LEASE TERM: She Government shall have the option to renew -this lease, -wholly or in part, for an equivalent term upon expiration of the initial lease. 16. 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 "perf" ded leted. Articles vouchers." are deleted. Articles 5, 6(a), and 6(b)ore Articles 11, 12, 13, 14, 15, and 16 were added hereto and made a part hereof prior to the signature of_either party to this lease.- That the foregoing ordinance was read for tfirst time and passed to its second reading on this the _34c/ day of � , 19.P/ , 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 third reading on this the /0 day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy • Cliff Zarsky �z7e..) .Z4,„ second time and passed to its • 192/ , by the That -the foregoing ordinance w read for the third time and passed finally on this the /7 day of , l9'/ , 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 /7 day of ATTEST: i Se cretary" APPROVED: 16e1 DAY OF �ww@ 19: J. BRUCE AYCOCK, CITY ATTORNEY stn,' ty Attorney NAYS' p a TaA THE CITY OF CORPUS CHRISTI, TEXAS 16322 , 191/ w o U_ 0 N CE a IP H 61' 47 ' W 200' 2 J W N 4 W I7' -54"E 200' LEASE LIMITS S61.47'E 200'' N IP l 0- W. C. LOWERY EXISTING R. OF' W. J CL GOLLIHAR ROAD SCALE I°• 40' i 0.921' ACRE TRACT- BEING A PORTION OF THE CITY OF NUECES COUNIT'', TEXAS, EVELYN PRICE PARK, I i I � 1 REVISION I DATE No.