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Home My WebLink About021568 ORD - 02/16/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE AGREEMENT EXPIRING SEPTEMBER 30, 1993, TO INCLUDE AN OPTION TO RENEW ANNUALLY FOR NINE YEARS WITH THE U. S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR AND IN CONSIDERATION OF ESTABLISHING, MAINTAINING, AND OPERATING THE AUXILIARY ENGINE GENERATOR AND UNDERGROUND FUEL STORAGE TANK 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 or his designee is hereby authorized to execute a lease agreement expiring September 30, 1993 to include an option to renew annually for nine (9) years with the U. S. Department of Transportation, Federal Aviation Administration, for and in consideration of establishing, maintaining, and operating the auxiliary engine generator and underground fuel storage tank which support the air traffic control tower facilities, 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", facility location is identified on Drawing No. SW -C-8517 attached hereto marked Exhibit "B". SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.273.air 021568 Moitbrptrittp U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Lease No. DTFA07-92-L-01000 Engine Generator and Underground Fuel Tank, 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 , by and between the 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: WITNE: mentioned c 1. For t} the Lessor hereinafter Fac i1 attacl ase 1T -FIS I S AN Oled G 'JAL a. Tc premises; pole line c facilities communicat: the said la by metes ac convenient to the Government. L993, ?erty, ie ting a tions over scribed Dst 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. 1 Lease No. DTFA07-92-L-01000 Engine Generator and Underground Fuel Tank, International Airport Corpus Christi, Texas 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 ATCT 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. 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 Lease No. DTFA07-92-L-01000 Engine Generator and Underground Fuel Tank, International Airport Corpus Christi, Texas (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. 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. 3 Lease No. DTFA07-92-L-01000 Engine Generator and Underground Fuel Tank, International Airport Corpus Christi, Texas 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. RESTORATION: 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 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. 9. ENVIRONMENTAL RESPONSIBILITY: Any environmental responsibility in regards to the underground fuel tank will remain the sole responsibility of the Government. 4 Lease No. DTFA07-92-L-01000 Engine Generator and Underground Fuel Tank, International Airport Corpus Christi, Texas 10. NOTICES: All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: 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. 5 CITY OF CORPUS CHRISTI, TEXAS By: Title: THE UNITED STATES OF AMERICA David Houser Title: Contracting Officer Lease No. DTFA07-92-L-01000 Engine Generator and Underground Fuel Tank, 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 w day of , 19 6 Signed by • i • W z V o 2 Lb it I▪ s m99 z uh to 2 it' la co X,vn\` Is Y z oh v id JW JO « z z UJ 000o1 _ ZQ� ti a F, LIGHT STANDARD f Q 100 01 Ill ION 6000 -14-11 I/72) O1IVONVIS 1)19/7 37O1NVW 9N11H911 NOIIY0O1 NVA 0/3 YVd at the foregoing ordinance was read for"the first time and passed to its second reading on se 1 Z day of JCt vvU a ri , 19 (-i 3, by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria 1 G. Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik , That the foregoing ordinance was read for the second time and passed to its third reading on this the `Q day of ,)01/411m(A,w , 19 0t7), by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria ClAy Oat - Edward A. Martin Joe McComb Dr. David McNichols Clif Moss -14k- Mary Mary Pat Slavik CL y_, I That the foregoing ordinance was read for the third time and passed finally on thisthe ke day of p 6 viA pu , 19 }33 . , by the following vote: Mary Rhodes Al _ j/ I Edward A. Martin Cezar Galindo l_;L�tJoe McComb Lee -Guerrero Dr. David McNichols Betty Jean Longoria l Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the R5 day of k( FM.Aa/riil ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED: DAY OFdu Cti j , 192/: JAMES R. BRAY, JR., CITY ATTORNEY) By c /q ( A A'S`'c_ Inv 044 istant City Attorney 021568 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 62973 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 NO. 021568 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) $ 66.70 / —4.-4.- rJ Business Office Administrative Assistant Subscribed and sworn to before me this 1st day of March , 1993. afore a_Ni Notary Public, Nueces County, Texas oro pogIINI�jAIICE NO. it 0216EE AUTH'Mk CITT MANAGERYHIS DESIGNEE TO EX A LEASE AGREEPM TSEXPIRING SEP- TEMBER 30, 1993, TO NEWINCLUDE NALLYIOTO NE RE- VEAL WI H THE DE- PARTMENT TATION, DEAL- AVIA- TION AD TRATIOPOR AND IN CO SIDEA OF ESTASLI MA AIN- NG, , AND RATING THE AUXILIARY NGINE GENERAp,- TOR AND FUEL STORAGE TANK AT TIM (MOUS CHRISTI Ai P L 7 1tSiTS. SEPTEMEER 3 to INCLUDING AN 0 ION RENEW ANNU- A LY FOR NINE YEARS FOR A IN CONSIDEATION OF E TASUISHING, MAINTAIN- ! AOPERATING THE AUND MARY ENGINE GENERA- T FITH 0 .GE TANK W N ARY KSITH AIN IN TME FORM OF R IA copy of Me INN la on fil_in the City S oratory's office. rThe ordinance was passed end approved on third re ding by the City Council of th Cny of Corpus Christi, Texas on the tEth day of February, 1993. /s/ entrth�oo CCl1ttaeppaa ACIsherl City of Comm*qCMNt PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 83410 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 ON FIRST READING AUTHORIZING THE CITY which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 17th day of January, 1993. One Time(s) $ 68.15 Business Office Administrative Assistant Subscribed and sworn to before me of January , 1993. i b(c -A-.:LvE'(�� this 22nd day Notary Public, Nueces County, Texas •NOTICE OF PASSAGE 11OF ORDINANCE ON -' FIRST READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TQ0 EXECUTE A LEASE AGREEMENT EXPIRING SEP- TEMBER 30, 1993, TO INOh11DE AN OPTION TO FIE - NEW ANNUALLY FOR NINE YEARS WITH THE U.S. DE PAIR''MENT OF TRA TAXON, FEDERAL AVIA- TKOPADMINISTRATION; FOR ANIMN CONSIDERATION OF ESTABLISHING, MAINTAIN- INGF AND OPERATING TNA_ AU*NJARY ENGINE GENERAdna - FUEL ST TANK POEM A LTERMT LEASE. S IS UNTIL EPTEF TE 30, 1993, INCLUDING OPTION TO RENEW ANN ALLY FOR NINE YEARS AND IN CONSIDERATION ING, ANNDN�RATING AI E AUXILIARY ENG9E GE TOR AND UNDERGROU FUEL STORAGE TANK WITH NO MONETARY SIDERATION IN THE FORM OF RENT. A copy of the lease Is file in the City Secretary's office. The ordinance was passed' e nd a• nfirstproved on firs the City yof Corthe CrpCouncil of pus Christi, Texas on the 12th day of January, 1993. __ /a/ Armando Chaps City Secretary. City of Corpus Christi NOTICE OF PASSAGE \ OF ORDINANCE ON SECONQ_IE:AD NG AUTHORIZING fHE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE TO AGREEMENT- EXPIRING SEP-. Tt4BER $ FNECLWUDE Lv M reA1B wrvN:_. _9 re- -PAIDTAIRIT OF TIANSPOR- TVIA- 1AON�ADM� TR7PECIERAL N POOR AND IN CONSIDERATION OF ESTABLISHING, MAINTAIN- ING, AND OPERATING THE AUXILIARY ENGINE GENERA- TOR AND UNDERGROUND FUEL STORAGE TANK AT THE CORPUS CHRISTI AIR- PORT. THE TERM OF THE LEASE IS UNTIL SEPTEMBER. 30. 1993, INCLUDING AN OPTION TO RENEW ANNU- ALLY FOR NINE YEARS FOR AND IN OF ESTTABIJSHING• MAINTAIN- ING, AND OPERATING THE AUXILIARY EN1301E GENERA- TOR AND UISERGROUND FUEL STORAGE TAN( WITH NO MONETARY CON- SIDERATION W THE FORM OF (EENT. A copy of the Hasp 4 on Ale In the Qty ordnanceThe was passed aid approved on *mond siding by the the CityCouncild Texas on the 18IM Aey• of January, 1903. /s/ A IRptY City of Carpus MEI NOTICE OF PASSAGE \ OF ORDINANCE ON SECONQREADING AUTHORIZING FHE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE AGREEMENT EXPIRING SEP- TEMBER a pANMNY�k LIiMI- NMI- - YEAR WILT IE US. 016 PARTISIT OF TRANSPOR- TATION. FEDERAL AVIA- TION ADMINISTRATES', FOR AND IN CONSIDERATION OF ESTABLISHING, MAINTAIN- ING, AND OPERATING THE AUXIUARY ENGINE GENERA- TOR AND UNDERGROUND FUEL STORAGE TAMC AT THE CORPUS CHRISTI AIR- PORT. THE TERM OF THE LEASE IS UNTIL SEPTEPBER. 30, 1993. INCLUDING AN OPTION TO RENEW ANNU- ALLY FOR NINE YEARS FOR AND IN CONSIDERATION. OF ESTABLISHING, MAINTAIN- ING, AND OPERATING THE AUXIUARY DNGIPE GENERA- TOR AND UNDERGROUND WITH NO MOPE STORAGE � CON- SIDERATION IN THE FORM OF RENT. Se in the Ch , IM Map Non The Secretary's was pseud ind approved on second theesdincam bY OW pound' 0f Texas on the 19th day of January, 1993. h/ A�pIY City al Capr ChrNtl