HomeMy WebLinkAbout021254 ORD - 10/01/1991AN ORDINANCE
AUTHORIZING THE RENEWAL OF A ONE YEAR LEASE AGREEMENT,
NO. DTFA07-92-L-01001, WITH AN AUTOMATIC RENEWAL OPTION
UNTIL SEPTEMBER 30, 2001, WITH THE FEDERAL AVIATION
ADMINISTRATION FOR THE USE OF A 200 -FOOT BY 200 -FOOT SITE IN
EVELYN PRICE PARK FOR AN AIRPORT SURVEILLANCE RADAR
STATION, AT NO COST TO THE FEDERAL GOVERNMENT; AND
PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a renewal
lease agreement, Lease No. DTFA07-92-L-01001, with an automatic renewal option until
September 30, 2001, with the Federal Aviation Administration for the use of a 200 -foot by 200 -
foot site in Evelyn Price Park for an airport surveillance radar station, located in a 200' by 200'
parcel of land fronting Gollihar Road between Kasper Street and Weber Road, at no cost to the
federal government, all as more fully set forth in the Lease Agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A."
SECTION 2. Publication shall be made in the official publication of the City of
Corpus Christi as required by the Charter of the City of Corpus Christi.
AG5000.020.kp
021254
AtltNp}uWp
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, TX 76193-0056
Lease No. DTFA07-92-L-01001
Airport Surveillance Radar
Evelyn Price Park
Corpus Christi, Texas
LEASE
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 , by and between CITY OF
CORPUS CHRISTI, TEXAS, whose address is Department of Aviation, 1000
International Drive, Corpus Christi, Texas 78406-1801, for itself, its
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 October 1, 1991, and ending September 30, 1992,
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 Gollihar Road between Kasper Street and Weber Road in the City of
Corpus Christi, Nueces County, Texas. This site is more particularly
described as follows:
Commencing 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 S61°47'E for
50 feet; thence S28°17'54"W for 10 feet to the Point of Beginning;
thence S61°47'E for 200 feet; thence S28°17'54"W for 200 feet; thence
N61°47'W for 200 feet; thence N28°17'54"E for 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". Site is further identified on Drawing
No. HOU A 52-1A, attached hereto and by this reference made a part of
this lease.
1
EXHIB�
Di,
Lease No. DTFA07-92-L-01001
Airport Surveillance Radar
Evelyn Price Park
Corpus Christi, Texas
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 bounds, to be by routes reasonably determined to be the most
convenient to the Government.
b. And the right of grading, conditioning,
facilities, and seeding the soil of the premises,
obstructions from the premises which may constitute
establishment and maintenance of air navigation and
facilities.
and
and
installing drainage
the removal of all
a hindrance
to the
telecommunications
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 expiration 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. RENEWAL OPTION:
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 options 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 shall extend this lease
beyond the 30th day of September 2001.
3. RENT:
The Government shall pay no monetary consideration 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 the ASR facilities upon the
premises hereby leased.
2
Lease No. DTFA07-92-L-01001
Airport Surveillance Radar
Evelyn Price Park
Corpus Christi, Texas
4. CANCELLATION:
The Government may terminate this lease at any time by giving at least
thirty (30) days' notice in writing to the Lessor. Said notice shall be sent
by certified or registered mail.
5. DISPUTES:
a. This lease is subject to the Contract Disputes Act of 1978 (Public
Law 95-563).
b. Except as provided in the Act, all disputes arising under or relating
to this lease shall be resolved in accordance with this clause.
c. (1) As used herein, "claim" means a written demand or assertion by
one of the parties seeking, as a legal right, the payment of
money, adjustment, or interpretation of lease terms, or other
relief, arising under or relating to this lease.
(2) A voucher, invoice, or request for payment that is not in dispute
when submitted is not a claim for the purposes of the Act.
However, where such submission is subsequently not acted upon in
a reasonable time, or disputed either as to liability or amount,
it may be converted to a claim pursuant to the Act.
(3)
A claim by the Lessor shall be made in writing and submitted to
the Contracting Officer for decision. A claim by the Government
against the Lessor shall be subject to a decision by the
Contracting Officer.
d. For Lessor claims of more than $50,000, the Lessor shall submit with
the claim a certification that the claim is made in good faith, the
supporting data are accurate and complete to the best of the Lessor's
knowledge and belief; and the amount requested accurately reflects the
lease adjustment for which the Lessor believes the Government is
liable. The certification shall be executed by the Lessor if an
individual. When the Lessor is not an individual, the certification
shall be executed by a senior company official in charge at the Lessor
plant or location involved, or by an officer or general partner of the
Lessor having overall responsibility for the conduct of the Lessor's
affairs.
e. For Lessor claims of $50,000 or less, the Contracting Officer must
render a decision within 60 days. For Lessor claims in excess of
$50,000, the Contracting Officer must decide the claim within 60 days
or notify the Lessor of the date when the decision will be made.
3
Lease No. DTFA07-92-L-01001
Airport Surveillance Radar
Evelyn Price Park
Corpus Christi, Texas
f. The Contracting Officer's decision shall be final unless the Lessor
appeals or files a suit as provided in the Act.
g•
The authority of the Contracting Officer under the Act does not extend
to claims or disputes which by statute or regulation other agencies of
the Executive Branch 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 basis of a 365- or 366 -day year, whichever
applies.
i. Except 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 and its terms in
accordance with the Contracting Officer's decision.
6. OFFICIALS NOT TO BENEFIT:
No Member of or Delegate to Congress, or Resident Commissioner shall be
admitted to any share or part of this lease, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this lease
if made with a corporation for its general benefit.
7. LESSOR WARRANTY:
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 consideration, the full amount of such commission,
brokerage, percentage, or contingent fee.
4
Lease No. DTFA07-92-L-01001
Airport Surveillance Radar
Evelyn Price Park
Corpus Christi, Texas
8. FUNDING RESPONSIBILITY CLASS I - II FACILITIES:
The airport owner agrees that any relocation, replacement, or modification
of any Federal Aviation Administration Class I and Class II facilities, or
components thereof, as defined below, covered by this lease 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 Transmitters/Receiver (Tower)
Airport Traffic Control Towers
Airport Surveillance Radars
Airport Surface Detection Equipment
Precision Approach Radar
ILS and Components
ALS and Components
Flight Service Stations
Visual Landing Aids
Direction Finding Equipment
VOR's, TVOR's, and VORTAC's
(Instrument Approach)
Weather Observing and Measuring Equip.
(Owned and operated by FAA)
Central Standby Powerplants
CLASS II FACILITIES
Long Range Radar
Air Route Traffic Control Centers
Remote Control Air -Ground
Communication Facility
9. RESTORATION:
VOR and VORTAC (en route only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications Outlet
Other En Route Facilities
The Government shall surrender possession of the premises upon the
expiration or termination of this lease. If the Lessor by written notice at
least thirty (30) 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 (1) restore the premises to as good
condition as that existing at the time of the Government's initial entry upon
the premises under this lease or any preceding lease, 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
5
Lease No. DTFA07-92-L-01001
Airport Surveillance Radar
Evelyn Price Park
Corpus Christi, Texas
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 Article 5 of this lease.
10. BUILDING AND GROUNDS MAINTENANCE:
It is understood and agreed that all structures on the leased site will be
constructed and maintained in a presentable manner to conform with good
building practices; that all vegetation will be kept mowed to conform to any
and all city ordinances.
11. NOTICES:
All notices sent to the parties under the lease shall be addressed as
follows:
To the Lessor: Airport Manager, Corpus Christi International Airport,
1000 International Drive, Corpus Christi, TX 78406-1801
To the Government: Department of Transportation, Federal Aviation
Administration, Southwest Region, ATTN: ASW -56, Fort Worth, TX 76193-0056
IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as
of the date first above written.
CITY OF CORPUS CHRISTI, TEXAS
By:
Title:
THE UNITED STATES OF AMERICA
By:
David Houser
Title: Contracting Officer
6
"hat the foregoing o inance was read for the first time and passed to its second readir,z, ..
die aJ 7 day of CA -alt , 19( \. , by the following vote:
Mary Rhodes Ll-
Cezar Galindo _-Y__
Leo Guerrero
Betty Jean Longoria (yQ ,
That the yoregoing ordin
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
nce was 7171 for the second time and passed to its third reading on
this the � 19 et � the following vote:
`3 day of o%D , by g
d
(£.�p
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols /
Clif Moss
(Ly,
Mary Pat Slavik At
That therforegoin�gordinance was read for the third time and passed finally on this the I
day of ti; (t0"1pe,AJ , 19 C? (, by the following vote:
Mary Rhodes11 2
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
PASSED AND APPROVED, this the
A 1 1 hST:
ty Secretary
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik 62/
day of �!l �t �, ,19(x(
MAYOR KA.
THE CITE'' OF CORPUS CHRISTI
APPROVED: ('3 DAY OF _y r4Lca4 , 19j:
JAMES R. BRAY, JR., CITY ATTORNEY
By.-d(is�C
, Assistant City Attorney
044 021254
PUBLISHER'S AFFIDAVIT
State of Texas,
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #55694
PO #
Before me, the undersigned, a Notary Public, this day personally.
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021253 AUTHORIZING THE
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 6th day of October 1991.
One Time(s)
$ 39.15
2 LC
Business Office Secretary
Subscribed and sworn to before me this 8th day of
October , 1991.
C bsQ U(OawQa.Q
Notary Public, Nueces County, Texas
My commission expires on
w
y, y LII y OF WIrva t.nma 1 i si
NOTICtOF PASSAGE OF
MINN NO. 021263
AUTHOR) 11* IifEW-
AL OF A VIM LEASE
AGREEME NO. DTFA07-
92-L-01001, WITH AN AU-
TOMATIC RENEWAL OPTION
UNTIL SEPTEMBER 30, 2001,
WITH THE FEDERAL AVIA-
' TION ADMINISTRATION FOR
THE USE OF A 200 -FOOT BY
200 -FOOT SITE IN EVELYN
PRICE PARK FOR AN AIR-
PORT SURVEILLANCE
' RADAR STATION, AT NO
- COST TO THE FEDERAL
GOVERNMENT: AND PRO-
, VIDING FOR PUBUCATION.
S A copy of the lease
R is on file in the
4 City Secretary's office.
The orttunce was passed t,
and approved on third reading F
c by the City Council of the City ,
' of Corpus Christi, Texas on t
the 1st day of October, 1991. 1
/s/Armando Chap* t
Ctiy Secretary 1
City of Corpus Christi
PUBLISHER'S AFFIDAVIT
State of Texas,
County of Nueces ) ss:
CITY OF CORPUS CHRISTI
Ad #34821
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 1st day of September 1991.
One Time(s)
5_36.45
L(C YLC,C
Business Office Secretary
Subscribed and sworn to before me this 3rd day of
September , 1991.
DQbro UC a vwo
Notary Public, Nueces County, Texas
My commission expires on
2LLUI1.
i,'t. txw uuN
DATE: Arm 213, ,1
• NOTICE OF PASSAGE OF OR-
DINANCE 0t masT R *DING
AUTHORIZING THE RENEW-
• AL OF A ONE YEAR LEASE
> AGREEMENT, 110. DTFA07-
- 92-L-01001, WITH AN AU -
1 TOMATIC RENEWAL OPTION
UNTIL SEPTEMBER 30, 2001,
'll WITH THE FEDERAL AVIA-
s TION ADMINISTRATION FOR
ie THE USE OF A 200 -FOOT BY
I- 200 -FOOT SITE IN EVELYN
e: PRICE PARK FOR AN AIR -
1f PORT SURVEILLANCE
a: RADAR STATION, AT NO
a- COST TO THE FEDERAL
& GOVERNMENT; AND PRO-
M- VIDING FOR PUBLICATION.
id The ordinance was passed
8. and approved on first
at reading by the City Coun-
ty ell of the City of Corpus
t- Christi, Texas on the
.e 27th day of August, 1991.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
NOTICE OF PASSAGE
ORDINANCE NO. 021226
'HOP ZING
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #13723
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING. AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 8th day of September 1991.
One Time(s)
$ 37.80
Subscribed and sworn
September , 1991.
C .4' i I l CA'�-AA'.
Business Office Secretary
to before me this
13th day
11i0 U iCu},1 -Y ilii
Notary Public, Nueces County, Texas
My commission expires on
of
naive we fit_ and to r
, , ject any any andel:
NOTICE
�� el ORDINANCE ata OF
to AUTHORS REA] RENEWBBC-
v eALOF
n AGREEMENT, NO.YEAR LEASE
° s 82-L-01001, WITH AN AU-
I TOMATIC RENEWAL OPTION
UNTIL SEPTEMBER 30 2001,
WITH THE FEDERAL AVIA-
_- TIOIN ADMINISTRATION FOR
tl THE USE OF A 200 -FOOT 80. y
FOOT SITE IN EVELVN
d PRICE PARK FOR AN AIR -
fa PORT
SURVEILLANCE
e- RADAR STATION, AT NO
p, COST TO THE FEDERAL
t VIDI GOVERNMENT' AND PRO-
NG FOR PUBLICATION,
'1 anaThe ordinance was passed j
ePnroved on second
e reading by try° Cty Council of
the City of Corpus Christi,
t tembe b the 3rd day of Sep -
991.
V
/s/Armando Chaps
Ctiy Secretor
City of
Corpus Chrls-.