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Home My WebLink About16592 ORD - 10/14/1981sp;9/29/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. 'DOT-FA76SW-1313 WITH THE UNITED STATES GOVERNMENT ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION FOR LAND TO BE USED FOR A VAN MOUNTED ENGINE GENER- ATOR, UNDERGROUND FUEL TANK, AND ASSOCIATED EQUIP- MENT IMMEDIATELY NORTH OF THE CORPUS CHRISTI INTER- NATIONAL AIRPORT CONTROL TOWER FOR A TERM BEGINNING JULY 1, 1976, AND ENDING SEPTEMBER 30, 1976, AND FURTHER RENEWALS BY THE GOVERNMENT ON A YEAR TO YEAR BASIS BUT NOT TO EXTEND BEYOND SEPTEMBER 30, 1991, ALL AS MORE FULLY DESCRIBED IN THE LEASE AND SHOWN ON THE DRAWING NO. SW -C-8517, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND B. 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. DOT-FA76SW-1313 with the United States Government acting through the Federal Aviation Administration for land to be used for a van mounted engine generator, underground fuel tank, and associated equipment immediately north of the Corpus Christi International Airport control tower for a term beginning July 1, 1976, and ending September 30, 1976, and further renewals by the government on a year to year basis but not to extend beyond September 30, 1991, all as more fully described in the lease and shown on the Drawing No. SW -C-8517, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and "B". SEP 2 71984 'MICROFILMED 16592 DEPARTMENT OF TRANSPORTATION MIDHRAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 LEASE between CITY OF CORPUS CHRISTI, TEXAS and Lease No.: D0T-FA76SR3-1313 Van44ounted Engine Generator a Underground Fuel Tank International Airport Corpus Christi, Texas THE UNITED STATES OF AMERICA This LEASE, made and entered into this day of in the year one thousand nine hundred and SEVENTY FIVE (1975) by and between THE CITY OF CORPUS CHRISTI, TEXAS International Airport whose address is Route 2, 8iia 902 Corpus Christi, TX 78403 for itself, its MiiiittfailWiiiirnit, successors, and assigns, hereinafter called the Lessor and the UNITED STATES of AMER:cA,hereinafter called the Government: WrrarssaTn: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. or the term ginninatilY 1 1976 and ending F e September disft,L16the WM grants Lessor bye Goverment the right to use in cannon with others a portion of an area for the installation of a van -mounted engine generator, underground fuel tank, and cabling. all as more particularly shovn an Drawing No. SW -C-8517, attached hereto and made a part hereof. The Lessor agrees that bis operations in this area will at no time be permitted to interfere with the operation of the Government's facility. FAA FORM 4423-2 Pg. 1 (8-76) Supersedes Previous Edition /-x6 Lease No.: ®OT-FA7-1313 Corpus Christi, TX a. Together with at -of -way fo.r,in ess to and egress from the premises; a right-of-way or rights-of-way for establishing lrfd�> > ��lallg/ifiUll giii hili electric power, and telecommunications facilities to the premi •t, right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be l e 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- ation 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 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 shall be deemed exercised and the lease renewed each year for one (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 the3Othiay of September 1991 ;i4MMUMENNilithi I�NB�/�dil�t/dde+�>dda4iel�dild�a�tdtbt►��Gl�ffa�tblll. 3. The Government shall pay the Lessor rental for the premisesfrl i,r0JMM 170 monetary consideration fn 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 Goverment in its establishment, operation. and maintenance of the nymotimoimittiommomy facilities upon the premises hereby leased. annual renewal exercised b the Gove 1111,0 made in arrears at the end of each 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. 5. The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor by written notice at least ninety (90) days before the date of expiration or termination requests restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as may be mutually agreed upon, either (I) restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under FAA FORM 4423-2 Pg. 2 (8-76) Supersedes Previous Edition Lease No.: 09T-FA76SH-1313 Corpus Christie TX this lease or any preceding lease (changes to the premises in accordance with paragraph 1.(a), 1.(b) and 1.(c) above, ordinary wear and tear, damage by nature elements and by circumstances over which the Government has no control, excepted) or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever Is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Clauseof this lease. 12 o. as OII1 Wue y,uviu�a m TmJ least, uuy Lease which is not disposed of by agreement shall be decided by the Contracting Officer who. uce his decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The d of the Contracting Officer shall be final and conclusive unless within 30 days from the date of « .: o such copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written ap... . • + -sled to the Secretary, Department of Transportation. The decision of the Secretary or his d - • •. orized representative for the determination of such appeals shall be final and conclusive unless dete ' by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so a oneous 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 . i er evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessor d diligently with the performance of the Lease and in accordance with the Contracting Officer's in paragraph (a) above; PROVIDED 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 business. 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: THE CITY OF CORPUS CHRISTI, TEXAS International Airport To the Lessor: Route 2, Box 902 Corpus Christi, TX 784008 To the Government: Bepartment of Transportation, Federal Aviation Administration, Southwest Region, P. O. Box 1689, ATTR: ASU -56, Fort Worths TX 76101 FAA FORM 4423.2 Pg. 3 (8-76) Supersedes Previous Edition Lease No.: DOT-FA76SH-1313 Corpus Christ. 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, and 13. IN WrrNEss WHEiEOF,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 , Ernest Briones,Actinq City Manager against the above-described premises, the undersigned (Lessor) hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is (Lessor) foreclosed, the foreclosure shall not void the lease. (Lessor) (Mortgagee) APPROVED: Vie—DAY OF SEPTEMBER, 1981 ) 0 11 (Lessor) (Lessor) THE UNITED STATES OF AMERICA By —) -) Milton J. Pella Title -can t4rs--4ff1Cor - FAA FORM 4423-2 Pg. 4 (8.76) Supersedes Previous Edition • s.easo se. runt-FATts4r-1313 - Van -Mounted Engine Ge4rerator and Underground Rua lank .International Airport Corpus Christi, Texas 11. FUNDING AGSMS/MITT CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modifination of any Federal Aviation Administration Class I or II facility, or components thereof, 83 defined below, covered by thin contract during its; term or any renewal thereof made necessary by airport improvements or change3,wbieir impair or interruptthe 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 3peoifie request of the Government. In the event such relocation, replacements, or modifications are necessitated due to nausea not attributable to either the airport owner or the Government, funding - reoponsibil.ity shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Preoiaion Approach Radar ILS and Components ALS and Components Long Range Radar Air Route Traffic Control Centers Remote Control Air -Ground Communioation Facility Visual Landing Aids - Direction Findings Equipment VOA, TVOR, and VOkT'AC - (Instrument Approach) Weather Observing and Measuring Equip. Maned and operated by FAA) Central .Standby Powerplant FACILITIES VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remota Communications Cttiet Other En Route Facilities 12. DISPUTES: (a) This lease is subject to the Contract Disputes Act of 1975 (Public Law 95-563). .(b) Except as provided in the Act, -all disputes arising under or relating to thl3 lease shall be .resolved in accordenCe with this clause. (a) (1) As used heroin, ',cl'aim', moans a written Gemand or assertion by one of the parties socking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising unser or relating to this lease. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of Loose Nc. DOT -FA76W-1313 , Van-Mournted amino Generator ' and Underground Fuel mink International Airport Corpus Christi, Texas the Aot. However, ubere such submission is subaoquuotly not acted upon in a reaoonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Bat. (iii) A claim by the Lsseor shall be made in writing and , submitted to the Contracting Officer for decision. A olaivh by the Goveram€nt against the Lessor shall be aubjeet'to a•deoision by the Contracting Officer. (d) For Lessor claims of more than $50,000, the Lessor eha11 sutmit with tho claim a certification that the claim ie made in Rood faith; the supporting data are ecourate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately rdflecto the contract ad,)ustment for which the Lessor believes the Government ice liable. The certification shall be 'executed by tho Lessor if•an individual. When the Lessor is not an individual,_ the certification shall be executed by a senior company offloial in uhargE at the Lessor plant or location involved, or by'an officer or general partner of the Lessor having overall reeponsibility for the conduot of no Lessor's affairs. (e) For Lessor claims of $50,000 or less, the Contracting Officer must render o decision within 60 daya. For Lessor claims in exoeee of $50,000, the Contraoting Officer must decide the claim within 60 days or notify the Leaser of the date when the decision will be made: (f) The Contracting Officer's decision shall be final unless the Lessor appeals or riles a suit as provided in the Act. (g) The authority of the Contracting Officer under the Aot does not extend to olaims or disputes which by statute or regulation other agencies of the Exeeutive nrancb of the Federal Government are expressly authorized to decide. (h) Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until• the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basie of a 365- or 366 -day year, -whichever applies. (i) Exoept as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease end its terms in eceordaaoe with the Contracting Offieer'e decision. Leese ito-. i(04 arlddtti 13- Taa4b rated En6iaa 'Gae erattsr', end UnderSronnd i%4 reek ,intern stionaz Apt Corgos Chr ati, Talmo 13+Alaraxem A-DELETYOD&e the l ble`the'mania uheird'i--ixesantepai "admimUltratora" are-, dotetitd._`Its lrtiole 2r:;the ppytien_6slien.ln8 *AO 14EIf1D$ ice&" and -. ,00dles 7at-rentais. a is delisted:, iri'-trt#1g 3r the pardons- "ren'tatTop: the pi f tea' Li the i mount tir;+a -ITO. the term aet Perth - in Article 1 - r"' above aaindal,Rd the plErtrian bsalin{1Sng frier: °"s+nd ° erad� !'or voech6ras." dare 4el ted. Eetialee 11r lar -stat! 13 were added" hatreto- and made a pert dareat prior to -the' signature op .either ,party to Ufa lease. '- CORPORATE CRRT1F/CATE Oertify that'I am the of the Corporation named in the foregoing agreement, that who eigned maid agreement an behaif of said corporation, wan then thereof, that maid agreement was duly signed for and in behalf of said corporation by authority oe its governing body, and ie within the scope of 1t Corporate powers. Dated this day of , 11 CORPORATE SEAL Signed by That the foregoing ordinance was read for time Ind passed to its second reading on this the .' D day o 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 was read for a second time and passed to its third reading on this the , day of , 19 dr/ , 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 w r d for the th_jrd on this the /� day of 44.,./ , 191'f 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 Q%tia.�,t,./ , 194P, time by and passed finally the following vote: ATTEST: City ecretary APPROVED: 7.-113 DAY DAY OF 4 {" 19f/ : J. BRUC *O0 K, CITY ATTORNEY BY As/scant City Attorney MAY 11X6592 THE CITY OF CORPUS CHRISTI, TEXAS l� C `a w` EAf H ER' BUREAU CABLE (ARP ROX. LQ.C.,.) r --- SIDEWALK --\ �.9 ; VENT STA 9 _ 1 LIGHTING GABLE (APPROX. LO ATPON) rc, FAA E./C.4 'AN . LOCATION ,L!GHT/A/C, MANHOLE L ucg-rr--. STANDARD a` 3 C3' D P"." 5 T t 4c C=..Jam., PLA4 F t .des w _^+n:' • • • E',' r. e"�,, D y, i I 01\1 '`Q C T it'L F , ,4. SL PULL. L.L. T3 OA f. 3..F L SW FORM 6000 —14-1 (<I/72') 2 DEPARTMENT OF TRANSPORTATION SOUTHWEST REGION FEDERAL AVIATION ADMINISTRATION AT CT . pItl c A1O PAN. _. FORT WORTH, TEXAS X REVIEWED_ BY SUBMITTED BY CHIEF' OF SECTIO ASW --442 APPROVED BY CHIEF QFf.BRANCH F a -.� • `,.r°Y� far ASW -440 DESIGNED BY DRAWN'. BY pd C/H'.ECKED BY rsSUED -BY AIRWAY FACILITIES DIVISION DATE. --?3 DRAWING. ND. Svc`- 8517 i } s •`�~fi'IrS OOMERNmEVT ORINTING OFFICE.:�t9)Y—]]0-406 / 7— ,e,;> -76 R f o c sz v .. = .i'` Vo r'J REV. NO. DATE DESCRIPTION :NECKED APPROVED DEPARTMENT OF TRANSPORTATION SOUTHWEST REGION FEDERAL AVIATION ADMINISTRATION AT CT . pItl c A1O PAN. _. FORT WORTH, TEXAS X REVIEWED_ BY SUBMITTED BY CHIEF' OF SECTIO ASW --442 APPROVED BY CHIEF QFf.BRANCH F a -.� • `,.r°Y� far ASW -440 DESIGNED BY DRAWN'. BY pd C/H'.ECKED BY rsSUED -BY AIRWAY FACILITIES DIVISION DATE. --?3 DRAWING. ND. Svc`- 8517 i } s •`�~fi'IrS OOMERNmEVT ORINTING OFFICE.:�t9)Y—]]0-406