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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-.