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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