HomeMy WebLinkAbout16324 ORD - 06/17/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO.
NA81%IBF00095 WITH THE UNITED STATES GOVERNMENT FOR
APPROXIMATELY 1,663 SQUARE FEET OF SPACE LOCATED ON
THE SECOND FLOOR OF THE TOWER BUILDING AT CORPUS
CHRISTI INTERNATIONAL AIRPORT FOR THE USE OF THE
UNITED STATES WEATHER SERVICE, FOR THE PERIOD OF
JULY 1, 1981 TO SEPTEMBER 30, 1981 AND RENEWABLE
ON AN ANNUAL BASIS AT THE OPTION OF THE GOVERNMENT,
NOT TO EXTEND BEYOND SEPTEMBER 30, 1986, FOR AN
ANNUAL RENTAL OF $6,713.98, 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. NA8I�WBF00095 with the United States Government for
approximately 1,663 square feet of space located on the second floor of the
Tower Building at the Corpus Christi International Airport for the use of the
United States Weather Service, for the period of July 1, 1981, to September 30,
1981, and renewable on an annual basis at the option of the government, not to
extend beyond September 30, 1986, for an annual rental of $6,713.98, payable
at the rate of $559.50 per month to the Airport Manager at his office at the
Corpus Christi International Airport, all as more fully set forth in the lease,
a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit A.
16324
'$OFJLMED
VEP 271984
3
That the foregoing ordinance was read for first time and passed to its
second reading on this the 0,14. day of , 19 2/ , 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 t
third reading on this the y b day of
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 la
on this the 17 day of
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 /// day of
ATTEST:
second time and passed to its -
, 192/ , by the
ead for the thj rd time and passed finally
, 19 V/ , by the following vote:
City Secretary
APPROVED:
`)— DAY OF
J. BRUCE-,AYCOC
By
Assistant C /Attorney
061/iee?
19P:
(CITY ATTORNEY
MAYOR Pro•Tim
THE CITY OF CORPUS CHRISTI, TEXAS
2/
?7 a,
16321
a..,..OARD FORM 2
FEBRUARY 1965 EDITION
GENERAL SERVICES
ADMINISTRATION
FPR (n CFR) I-16.601
U.S. GOVERNMENT
LEASE FOR REAL PROPERTY
DATE OF LEASE
July 1, 1981
THIS LEASE, made and entered into this date by and between
City of Corpus Christi
International Airport
whose address is Corpus, Christi, Texas 78408
LEASE NO
NA f".'&1 F000s
—and whose interest in the property hereinafter described is that of Lessor
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
-WITNESSETH: The parties hereto for the considerations hereinafter mentioned, coyenant and agree as follows:
- l:=The Lessor hereby leases to the Government the following described premises:
.Approximately One Thousand Six Hundred Sixty -Three -(1663) net usable square feet
of space located on the second floor of the Tower Building and, roof and/or ground
space as may be mutually agreed by the parties hereto, for installation of instru-
mental equipment with cable connections thereto, which space shall be readily and
conveniently accessible at all times, all space located at International Airport,
Corpus Christi, Texas, -
tobeusedfor office quarters and uses incidental thereto
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
July 1, 1981
andrenewal rights as may be hereinafter set forth.
through September 30, 1981 „ subject m termination
3. The Government shall pay the Lessor annual rent of $.64-7U.3, 98
at the rate of 3..559..50 per month -_ in arrears.
Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Corpus Christi,P.0.
Box -9277, Corpus Christi, TX 78408. Payment is contingent upon the passage of an
appropriation by the Congress from which expenditures thereunder may be made(contt
4. The Government may terminate this lease at any time by giving at least -sixty.. (60) 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.
5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals:
$1.00 per annum for 200 sq. ft., $1080.00 per annum for 200 sq. ft. and $5,632.98
per annum for 1263 sq. ft. (Total $6,713.98, Six Thousand Seven Hundred Thirteen
and 98/100 Dollars), and otherwise upon the terms and conditions herein specified;
PROVIDED, that no renewal shall extend the period of occupancy of the premises bey
and the thirtieth day of September, 1986; and,
provided notice be given in writing to the Lessor at least . t.h ZY_(30)days before the end of the original lease terns
or any renewal term; all other terns and conditions of this lease shall remain the same during any renewal term.
Said notice shall be computed commencing with the day after the date of mailing.
d)
2-106 3. (coned) and the United States shall not be obligated upon failure of Congress
to so appropriate.
-e
-2-
6. The Lessor shall furnish to the Government, as part of the rental consideration, the following:
DELETE
7. The following are attached and made a part hereof: -
The General Provisions and Instructions (Standard Form 2-A. May, 1970
and Page 3 (including Paragraphs 9 and 10).
8. The following changes were made in this lease prior to its execution:
edition).
Paragraph 6 was deleted also Paragraph 5 and the words "heirs, executors,
administrators in Paragraph 16 of the General Provisions.
IN 'WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above
written.,
LESSOR
City of Corpus Christi
BY—
IN PRESENCE OF:
(Signature)
(Sisuatu,el
(.)..refs)
UNITEDSTATES OF AMERICA, Dept. of Commerce,
NOAA, National Weather Service
(Oflual tale)
tTAN,DARD FORM 2
'ynRUARY 1965 EDITION
U. S GOVERNMENT PRINTING OFFICE; 1974 0 • 556-U95
-3-
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.
10• This lease supersedes and stands in lieu of Lease 06-6-021-61037 which is hereby
terminated as of the date of termination June 30, 1981.
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
reasonable times, and with the approval of the authorized
Government representative in charge, enter and inspect the
:sameand.make any necessary repairs thereto.
S. 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 unten-
=table, 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 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 an.,jpspaction report of the de-
mised premise stI'bj mv'Ye a of -the effective date of this
lease, refiectin�n. Ia enticotrdttion, and will be signed
on behalf of the parties hereto.
6. COVENANT AC.AINST 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-
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 Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
1
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 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 bemuse 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.
(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 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, 1965, 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, and orders of the ' --
Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting
Standard Farm 2-A
Ganem Swaim Administration—FPR (41 mo 1-16.661
Mar 1976 Edition
2-20r
agem., _.,dthe Secretary of Labor for purposes of investiga-
tion to ascertain compliance With such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with
the 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. -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 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)
nvitees:(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
include or require the inclusion of the foregoing provisions of
this section in any existing agreement or concession arrange-
ment or one in which the contracting party other than the
Lessor has the unilateral right to renew or extend the agree-
ment 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. -
•
11. EXAMINATION OF RECORDS. •
(NOTE.—This provision in applicable if this lease was nego-
tiated without advertising.)
(a) 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 transactions related to this lease.
(b) The Lessor further agrees to include in all his subcon-
tracts hereunder a provision to the effect that the subcontrac-
tor agrees that the Comptroller General of the United States
or his representatives 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.
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. LL
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-
mine 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 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 provisions of this lease and the conditions
herein shall bind the Lessor, and the Lessor's heirsrexeeuiers, .
sdmi io} +^.= successors, and assigns.
CERTIFICATION
By the submission of this bid, the bidder, offeror, applicant,
or subcontractor certifies that he does not maintain or pro-
vide for hid 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-
1.
ur
1. CLnrttTCATION 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.)
2
Standard Form 2—A
Mar 1870 Edition
ther will not maintain or provide for his employees
any segrcgated facilities a any of his establishments, and
that he will not permit his employees to perform their services
at any location, under his control, where segregated facilities
are maintained. The bidder, offeror, applicant, or subcon-
tractor agrees that a breach of this certification is a violation
of the Equal Opportunity clause in this contract. As used in
this certification, the term "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, res-
taurants and other eating areas, time clocks, locker rooms and
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 on the
basis of race, color, religion, or national origin, because
of habit,local custom, or otherwise. He further agrees that
(except where he has obtained identical certifications from
proposed subcontractors for specific time periods) he will ob-
tain identical certifications from proposed subcontractors
prior to the award of subcontracts exceeding $10,000 which
are not exempt from the provisions of the Equat Opportunity
clause; that he will retain such certifications in his files;
and that he will forward the following notice to such pro-
posed subcontractors (except where the proposed subcon-
tractors have submitted identical certifications for specific
time periods) :
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be sub-
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
each subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).
Nom: The penalty for making false statements in offers
is prescribed in 18 U.S.C. 100L
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. Theleaseshall be signed with the partnership name,
followed by the name of the partner signing the same.
8. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
3
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.
5. 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.
* U.S. GOVERNMENT PRINTING OFFICE: 1979-201.107/5052
Standard Form 2-A
May 1210 Edition