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Home My WebLink About021556 ORD - 01/26/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE YEAR LEASE AGREEMENT TO INCLUDE AN OPTION TO RENEW ANNUALLY FOR TWENTY YEARS WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, IN CONSIDERATION OF ESTABLISHMENT, MAINTENANCE, AND OPERATION OF OMNIDIRECTIONAL APPROACH LIGHTING SYSTEMS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; 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 one-year lease agreement to include an option to renew annually for twenty years with the U.S. Department of Transportation, Federal Aviation Administration in consideration of establishment, maintenance and operation of Omnidirectional Approach Lighting Systems at the Corpus Christi International Airport, 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", location more specifically shown on Drawing No. CRP-ODALS17-GO1 attached hereto marked Exhibit "B". SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.262.ajr !j1 ^w �`n�c(,�ly`c4 021556 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Lease No. DTFA07-93-L-01098 Omnidirectional Approach Lighting System (ODALS), Runway 17, International Airport, 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 ninety-two, by and between the CITY OF CORPUS CHRISTI, TEXAS, whose address is City of Corpus Christi, Texas, International Airport, 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, 1992, and ending September 30, 1993, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: For Omnidirectional Approach Lighting System (ODALS), Runway 17, International Airport, Corpus Christi, Texas, as more particularly shown on Drawing No. CRP-0DALS17-G01, dated August 7, 1992, identified as Exhibit "A," attached hereto and made a part hereof. 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. 1 LX1,.G:L Lease No. DTFA07-93-L-01098 Omnidirectional Approach Lighting System (ODALS), Runway 17, International Airport, Corpus Christi, Texas 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 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 2013. 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 facilities upon the premises hereby leased. 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. 2 Lease No. DTFA07-93-L-01098 Omnidirectional Approach Lighting System (ODALS), Runway 17, International Airport, Corpus Christi, Texas 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. 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. 3 Lease No. DTFA07-93-L-01098 Omnidirectional Approach Lighting System (ODALS), Runway 17, International Airport, Corpus Christi, Texas 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. 8. CHANGE OF ADDRESS: Any change in the Lessor's address should be made known to the Federal Aviation Administration promptly. 9. 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) Visual Landing Aids Airport Traffic Control Towers Direction Finding Equipment Airport Surveillance Radars VOR's, TVOR's, and VORTAC's 4 Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Flight Service Stations Lease No. DTFA07-93-L-01098 Omnidirectional Approach Lighting System (ODALS), Runway 17, International Airport, Corpus Christi, Texas (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 10. NON -RESTORATION: VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other En Route Facilities It is hereby agreed between the parties that upon termination of its occupancy the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. 11. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS: The Lessor shall, upon notice by the Government, immediately cease any operation or alleviate any physical confrontation that has or may cause interference with the Government's facility. 12. NOTICES: All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of 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: -7 - 5 THE UNITED STATES OF AMERICA By: 'B P4/V.,,�A. Ili P(//11'3/ Beverl�tb. Mayes' Title: Contracting Officer Lease No. DTFA07-93-L-01098 Omnidirectional Approach Lighting System (ODALS), Runway 17, International Airport, Corpus Christi, Texas CORPORATE CERTIFICATE I, certify that I am the of the Corporation named in the foregoing agreement, that who signed said agreement on behalf of said corporation, was then thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this CORPORATE SEAL day of , 19 6 Signed by c A 0 z C •<F D o I' m "AJ>cV r- 00-1 nQ 0 rig o zo mi r An m o= D 8g m c> pm 730 -4 _ 1 Z7 xa rn P1 zz mi Om Cm N zoz 8. <O n m m z m C183A) 4-.01 • .,l 2 0 N BO73 p p0 -71 Ir O N O Q O O 0 O 36.56' N O 6.56 36.18 36.61 36 J8 36 J5' b Al Co N O m O N O 00.0 V1S Of•O VIS ol•f 1115 9l•f VIS 0 0 0 0 I0 V Z OW 1 iI 0w ZJ ww IL\ „o- Io0Y 0 -,os Oz•z Vis 00.9 VIS UO .40 JCC$ WoLJ Q~ 0 Uro0 JwSmN O 20cc ..0 -.OL 00.6 vis 00•ll Vis 11 •.0 -.Ob N 4w 0 -,OSI 0 z— x� 1 LEASE BOUNDARY 0A '3'S'N 3AC 1333 NI NOIi' 0 0 ID N r 0 CC N O Y ,f O N 0 , O 0I= ni N " m L• N 1 That the foregoing ordinance was read for the first time and passed to its second readin his the / 7 day of C , 19 (l'L, by the following vote: Mary Rhodes CL fti' Cezar Galindo Leo Guerrero Betty Jean Longoria That the this the regoing or day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria ' Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik ce was read for they., Gond time and passed to its third reading on ► . i J► 19 (4_, by the following vote: That the foregoing ordinance day of JetAAAA J , 19 Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik was read for the third time and passed finally on this the Z% by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the 2. day of City Secretary 3 , 0 IcuAd t n MJF , 19 MAYOR THE CITYQ CORPUS CHRISTI APPROVED: 1 IP DAY OF L 4 , 199? JAMES R. BRAY, JR., CITY ATTORNEY Bye / (Ur* 044 1 , Assistant City Attorney 021556 rim State of Texas, County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 86373 PO # Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistance 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. 021556 AUTHORIZING THE CITY MANAGER which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 31st day of January, 1993. One Time(s) $ 63.80 r P L TL A. c C_ Ell e_ r_C Business Office Administrative Assistant Subscribed and sworn to before me this 2nd day of February , 1993. Notary Public, eces County, Texas eAPNY.0:'r, EONA, KaSTER L• -A - Notary Public 1�,' Stele of Texas «"`' My Cerro. Exp. 11-30-96 7 r r Af10TICE OF PASTAfi ono= ESS1CT Y Tie :OR NIS DESIGNEE EE TO INCLUDE RENEW AN- • LLY� FOR TWENTY WITH THE U.S. DE- MENT OF TRANSPOR- ON, FEDERAL AVIA- ADMINISTRATION, IN IDERATION OF ESTA& OPERATION Of OMNIDI- CTIONAL APPROACH LIGHTING SYSTEMS AT THE CORPUS CHRISTI INTERNA- TIONAL AIRPORT. THE TERM fHE LEASE AGREEMENT WAR ONE YEAR WITH AN- I _ RENEWALS FOR �NTY YEARS FOR THE A&E .IAANNDD EOPERATAIONTOf �ACHECTION LL AP- IGHT NG SPOTEfS AT THE CORPUS CHRISTI IWORRT WIINTERNATIONAL H NOOTMONE- TARY CONSIDERATION IN FORM OF RENT. ec A copy of the New is on file In the City Qeeretery'e office ;rad ordinance vas passed and approvedCouncil of Oa Orp by � CRY off Corpus y pus Christi, from on the 211th dap, C1rpe d e� A rfaOty MMrf I” 1fc Oy of Cmpue CkNM -t PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 62951 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant 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 THE CITY MANAGER, OR HIS DESIGNEE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 21st day of February, 1993. One Time(s) $ 79.75 etk7t crc i i J Business Office Administrative Assistant Subscribed and sworn to before me this 1st day of March, 1993. ( )rQ 0XOX b ores Notary Public, Nueces County, Texas Vet NOTICE OF ► E OF ON tUTHORI2 CITY EE, TO A LEASE WITH is,sH AN OPTION TO RENEW ANNU- ALLY THROUGH SEPTEMBER 30, 2003, WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDER- AL AVIATION ADMINISTRA- TION, FOR THE ACCESS ROADS AND WALKWAYS AT CORPUS CHRISTI INTER- NATIONAL AIRPORT IN CONSIDERATION OF MAIN- TAINING AND OPERATING THE VISUAL APPROACH SLOPE INDICATORS AND RUNWAY END IDENTIFIER LIGHTS ON RUNWAY 17/36; AND PROVIDING FOR PUBIJ- CATION. THE TERM OF 114! LEASE IS FOR THREE MONTHS WITH AN OPTI TO RENEW ANNUALLY FOR TEN YEARS FOR THE AC- CESS TO AND FROM THE PROPERTY TO ESTABLISH ELECTRICAL POWER, TELE- COMMUNICATIONS FACIL- ITIES, AND WATER LINES AND IN LIEU OF MONETARY PAYMENT, MAINTENANCE AND OPERATIONS FOR THE VISUAL APPROACH SLOPE INDICATORS AND RUN- AWAY END IDENTIFIER LIGHTS ON THE LEASED PREMISES. A copy of the lease is on file in the City Secretary's office. The ordinance was passed and approved on first reading by the City Council of the City of Corpus Christi, Texas on the 16th day of February, 1993. is/ 'Armando Chops r CE at PUBLISHER'S AFFIDAVIT State of Texas, ) CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 55342 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant 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 THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LEASE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28th day(s) of February, 1993. One Time(s) $ 79.75 \AA -4..11 Business Office Administrative AssistInt Subscribed and sworn to before me this 5th day of March, 1993. Mita V ly«,,,,r e< Notary Public, Nueces County, Texas 'OF PASSA City of Corpus Christi • OPARDIFANCE AGE SECOND READING AUTHJRIZING THE CITY MANAGER, OR HIS DESIG- NEE, TO EXECUTE A LEASE FROM JULY 1, TO SEPTEM- BER 30, 1993, WITH AN OPTION TO RENEW ANNU- ALLY THROUGH SEPTEMBER 30, 2003, WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDER- AL AVIATION ADMINISTRA- TION, FOR THE ACCESS ROADS AND WALKWAYS AT CORPUS CHRISTI INTER- NATIONAL AIRPORT IN CONSIDERATION OF MAIN- TAINING AND OPERATING THE VISUAL APPROACH SLOPE INDICATORS AND RUNWAY END IDENTIFIER UGNTS ON RUNWAY 17/35; AND PROVIDING FOR PUBLI- CATION. THE TERM OF THE LEASE IS FOR THREE MONTHS WITH AN OPTION TO RENEW ANNUALLY FOR TEN YEARS FOR THE AC- CESS TO AND FROM THE PROPERTY TO ESTABLISH ELECTRICAL POWER, TELE- COMMUNICATIONS FACIL- ITIES, AND WATER LINES AND IN LIEU OF MONETARY IyJ�'yMENT, MAINTENANCE AND OPERATIONS FOR THE VISUAL APPROACH SLOPE INDICATORS AND RUN- AWAY END IDENTIFIER LIGHTS ON THE LEASED PREMISES. A copy of the lease is on file in the City Secretary's office. .The ordinance was passed and approved on second reading by the City Council of the City of Corpus Christi, Texas on the 23rd day of February, 1993. /5/ Arntito Chapa City Secretary City of Corpus Christi