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HomeMy WebLinkAbout021822 ORD - 12/14/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR LEASE AGREEMENT WITH OPTION TO RENEW LEASE ANNUALLY FOR UP TO FIFTY YEARS UPON NOTICE TO THE CITY MANAGER THIRTY DAYS PRIOR TO EXPIRATION, WITH THE UNITED STATES OF AMERICA (NATIONAL WEATHER SERVICE), FOR 5.663 ACRES OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT ON WHICH TO CONSTRUCT AND MAINTAIN A NATIONAL WEATHER SERVICE NEXT GENERATION RADAR (NEXRAD) FACILITY; IN LIEU OF ANNUAL FEE CITY OF CORPUS CHRISTI WILL RECEIVE A FORECAST FACILITY THAT WILL INCREASE THE ABILITY OF THE NATIONAL WEATHER SERVICE TO PROVIDE TIMELY AND CRITICAL SEVERE WEATHER REPORTS AND SERVICES TO AIRLINES AND RESIDENTS OF THE COASTAL BEND; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORN.. CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized 1 execute a one-year lease agreement with option to renew lease annually for up to fifty yea (through January 22, 2043) upon notice to the City Manager, or his designee, thirty days prior 1 expiration, with the United States of America (National Weather Service), for 5.663 acres of Ian at the Corpus Christi International Airport, on which to construct and maintain a Nation, Weather Service Next Generation Radar (NEXRAD) facility, all as more fully set forth in th Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marke Exhibit "A". SECTION 2. That in lieu of annual fee for the use of the 5.663 acres of land the Corpus Christi International Airport, the City of Corpus Christi will receive a weathe forecast facility which will increase the National Weather Service's ability to provide timely an critical severe weather reports and services to airlines and residents of the Coastal Bend. SECTION 3. Publication shall be made in the official publication of the City c Corpus Christi as required by the City Charter of the City of Corpus Christi. AGS000.430.ajr '2181;2 MODEILME DATE OF LEASE: THIS LEASE, made and entered into this date by and between CITY OF CORPUS CHRISTI whose address is: 1000 International Drive Corpus Christi, Texas 78406-1801 LEASE NO: hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for considerations hereinafter mentioned, covenant and agree as follows; 1. The Lessor hereby leases to the Government the following described premises: A plot of ground located at the Corpus Christi International Airport, as described on the attached survey, Exhibit A. to be used for: National. Weather Service Next Generation Weather Radar (NEXRAD) facility. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on through subject to termination and renewal rights as may be hereinafter set forth. 3. The Lnsor shall furnish to the Government, as part of the rental consideration, the following: - Ingress and egress to and from the site at all times. - Maintenance and upkeep of the grounds adjacent to the leased area. 4. The following are attached and made a part hereof: General Clauses, AAIA Unice Agreements, dated 1/92, pages 1-4. Survey, Exhibit A LESSOR CITY OF CORPUS CHRISTI Signature Title UNITED STATES OF AMERICA Signature Carol Ciufolo Real Property Contracting Officer l- XLLTJ Revised 1/92 GENERAL CLAUSES (AAIA I Pace Agreements) Lease No. 1. 552.270-10 DEFINITIONS (JUNE 1985) a. The terms "contract" and "Contractor" shall mean "lease" and "Lessor," respectively. b. If the lease is a sub -lease, the term "Lessor" means the sub -lessor. c. The term "Lessor shall provide" means the Lessor shall furnish and install. 2. 552.270-18 LESSOR'S SUCCESSORS (JUNE 1985) The terms and provisions of this lease and the conditions herein shall bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 3. 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 4. 52.203-3 GRATUITIES -DEVIATION (NOV 1988) a. This lease may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the contractor, its agent, or another representative - 1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and 2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. b. The facts supporting this determination may be reviewed by any court having lawful jurisdiction. c. If this contract is terminated under paragraph (a) above, the Government is entitled - 1) To pursue the same remedies as in a breach of the contract; and 2) In addition to any other damages provided by law, to exemplary damages of not Tess than nor more than 10 times the cost incurred by the contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) d. The rights and remedies of the Government provided in this clause shall not be exclusive and are u addition to any other rights and remedies provided by law or under this contract. Page 1 of 4 5. 52.203-5 COVENANT AGAINST CONTINGENT FEES -DEVIATION (FEB 19901 a. The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. b. "Bona fide agency," as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. c. "Bona fide employee," as used in this clause, means a person, employed by a Contractor and subjec to the Contractor's supervision and control as to time, place, and manner of performance, 'who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able t obtain any Government contract or contracts through improper influence. d. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fe that is contingent upon the success that a person or concern has in securing a Govemment contract. e. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 6. LESSOR CERTIFICATION REGARDING HAZARDOUS SUBSTANCES AND/OR WASTE (FEB 1989) The Lessor represents and certifies that to the best of his or her knowledge— a. That the leased property is not and was not a site aced for any of the following operations: 1) generation of hazardous substances and/or waste, 2) treatment, or temporary or permanent storage, or disposal of solid or hazardous substance and/or waste, 3) storage of hazardous substances and/or waste, or petroleum products, 4) used/waste oil storage or reclamation units, 5) laboratory or rifle range, 6) chemical manufacturing or storage, 7) military or intelligence weapons or ammunition training or testing, 8) ordnance and/or weapons production, storage, or handling, or Page 2 of 4 b. That if any of the above operations ever occurred at the site, that appropriate cleanup or other action was performed in accordance with the local, state and Federal laws and that documentation of such cleanup will be provided. The Lessor acknowledges that this certification regarding hazardous substances and/or waste is a material representation of fact upon which the Government relies when executing this lease. If it is later determined th the presence of hazardous substances and/or waste, or inappropriate handling thereof, has been misrepresented the Government reserves the right to require the Lessor, at no cost to the Government, to take the nerecsary action to mitigate the hazardous waste condition, in accordance with local, state and Federal laws, or alternatively the government may terminate the lease. This is in addition to other remedies available to the Government. 7. RENEWAL OPTIONS (FEB 1989) This lease may be renewed at the option of the Government from year to year 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 I essor written notice thirty (30) days prior to the expiration of this lease or any renewal thereof, that it will not exercise its option. Provided, however, that no renewal shall extend this leas• for a period more than fifty (50) years from the effective date of this lease. All other terms and conditions of this Inc. shall remain the same during any renewal term. AIRPORT AND AIRWAY IMPROVEMENT ACT (OCT 1988) This land is being furnished pursuant to the Airport and Airway Improvement Act (AAIA), 49 U.S.C. app. St 2201 et seq. (19.82) which provided that airport owners or operators will furnish without cost to the Federal Government for use in connection with weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings necessary or desirable for construction at Federal expense of space or facilities for such purposes. 9. LEASEHOLD IMPROVEMENTS (NOV 1988) The Government is acquiring the leased premises for the purpose of constructing and operating a facility for u in connection with weather -reporting activities. The Government shall have the right during the existence of this lease or any renewals thereof to construct, maintain, alter, and replace any structures, fixtures, additions, improvements, and signs in, on, upon, or attached to the leased premises which are necessary for the full benefit thereof, and all such structures, fixtures, additions, improvements, and signs 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 nine (9) months thereafter, by or on behalf of the Government, or by purchasers of such structures, fixtures, additions, improvements, and signs. Alternatively, the Government shall have the option of disposin of any structures it has erected on the property as provided herein, or any additions thereto, in the manner described at paragraph 13 of these General Clauses. 10. RIGHTS-OF-WAY (OCT 1988) The Government shall have rights-of-way for ingress to and egress from the premises; rights-of-way, includin, the right to connect to existing utilities for establishing and maintaining power and telecommunications to the premises; and rights-of-way for subsurface power, sewer, water and fuel lines, and access roads 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. Page 3 of 4 11. SITE PREPARATION (OCT 1988) In preparation for construction of facilities, the Government shall have 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 construction. 12. RELOCATION OF GOVERNMENT'S FACILITIES BY LESSOR (FEB 1989) If at any time during the period of this lease or any renewal thereof, the Lessor desires to change the location sites furnished the Government pursuant to this agreement, or the Lessor changes or modifies its facilities (runways or other areas), or permits others to change or modify such facilities in such a manner so as to adversely affect or render useless the Government's equipment, facilities and/or their related power, control or signal lines, any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the Government, shall be at the expense of the Lessor. 13. RESTORATION (FEB 1989) At the expiration of this lease, or any extended term thereof, or upon termination thereof by the Government a any time prior thereto, or within nine (9) months after such expiration or termination, the Government shall have the right to remove all structures erected on the property in accordance with paragraph 9 above; provided however, that the Government and the Lessor may mutually agree upon additional time for such removal. Within ninety (90) days after removing permanent improvements, or within such additional time as may be mutually agreed upon, the Government shall 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 by grading, conditioning and.seeding the soil in order to prevent deterioration of the land. Changes to the premises in accordance with paragraph 10 and 11 above, and damage by natural elements and by circumstances over whicl the Government has no control are excepted. Alternatively, the Government and the lessor may agree that title to all the improvements on said premises sha become the property of the lessor, in full satisfaction of any obligation to restore the property recited elsewher in this lease. 14. FEDERAL TORT CLAIMS ACT (OCT 1988) To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Section 2671 et seq., the Government assumes full control and sole responsibility for its equipment, personnel and activities incident to this lease. Page 4 of 4 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: DAY OF , 1993. JAMES R. BRAY JR., CITY ATTORNEY By: Alison Gallaway Assistant City Attorney yi•j� IC. teg� j I� g1"1 FBF C II II d qq ii321�i:k� ::NI_Z:7 tii qq Ji I' 44;0 p ;%el9 (d) 1 That the foregoing ordinance was read for the to its second reading on this the 1(o day of 19 143 , by the following vote: Mary Rhodes Dr. Jack Best (,i,iIL Melody Cooper Cezar Galindo Betty Jean Longoria That the foregoing ordinance will passmek finally on this the 19 tifi , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria fi sft time and passed Edward A. Martin Dr. David McNichols David Noyola Clif Moss read day ikt for thp second time and of (ij it h 2.✓ , Edward A. Martin Dr. David McNichols David Noyola Clif Moss i� 4Eg AND APPROVED, this the [4 day of ATTEST: ity Secretary YOR THE 'ITY •F CORPUS CHRISTI APPROVED: 8 DAY OF p 7J fil'1( 17p-{ , 19 9.3 JAMES R. BRAY, JR., CITY ATTORNEY Bic Assistant \forms\044 4DdajJJ/ ity Attorney 0218 2 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 27765 POI Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is 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 THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR LEASE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 21st day(s) of November, 1993. One Time(s) S 62.40 Business Offi Subscribed and sworn to before me this 13th day of December, 1993. Notar Pu. ic, Nueces County, exas Mit T DINA A.UT.HONIZRJO'MAMGER OR HIS E TOpIE� R LEASE AGREEUTE AMENT WETH 1 THE OPTION 'TO RENEW i LFFAA ANNUALLY FOR UP TO MTV YEARS UPON 140- t T TO THE CITY I MANAGER, THIRTY DAYS PalOR, TO .EXPIRATION, t WJTl/' UNITED .STATES OF f 61C A (NATIONAL R SERVICE), FOR ACRES OF LAND AT .THE OORPUS CHRISTI INTER- L NATIONAL AIRPORT ON Wm�IIIppH TO CONSTRUCT AND MAINTAIN A NATIONAL 1 WEATHER SERVICE NEXT GE ERATION RADAR 1 ) FACILITY. IN LIEU N ANNUAL FEE, THE emP WILL RECEIVE A ' WWE.9THER FORECAST FA- • -AA Y�copy,of the (ease is on • Re 'City 's office. T ordinance was passed :4d roved on fest 'M by the City Council.] of 1 the y of Corpus Christi, 1 NeT on the 16th day df. vember, 1993. /s/ Armando Chaps City Secretary �'� Cel' of'tapes csvimi PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 54536 PO# Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is 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. 021822 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR LEASE AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 19th day(s) of December, 1993. One Time(s) 5100.80 Business Office Secretary Subscribed and sworn to before me this 10th day of January, 1993. \`� I111111/, &Un-) GC2 y� t�E.HARq ?' 'HB •��"Y e, :gyp Notary Public, Nueces County, Texas_ V: .c�, o /\ . : F12/Sunday, December 19, 1999Corpus Christi Caller -Times NOTICE OF PASSAGE OF -- - --- OAHU NO. 021 s AUTHORIZING Sc r MANA EE Br. A ONE -NEAR ASE AGREEMENT WITH mi y THE OPTION TO RENEW Ch f LEASE ANNUALLY FOR UP 97 TO FIFTY YEARS UPON NO- Ch TICE TO THE CITY MANAGER THIRTY DAYS 2, PRIOR TO EXPIRATION, F, WITH THE UNITED STATES C OF AMERICA (NATIONAL h WEATHER SERVICE), FOR 5.663 ACRES OF LAND AT - THE CORPUS CHRISTI INTER- NATIONAL AIRPORT ON NHICH TO CONSTRUCT AND dAINTAIN A NATIONAL NEATHER SERVICE NEXT GENERATION RADAR (NEXRAD) FACILITY; IN LIEU OF AN ANNUAL FEE CITY OF CORPUS CHRISTI WILL RE- CEIVE A FORECAST FACILITY THAT WILL IN- CREASE THE ABILITY OF THE NATIONAL WEATHER SERVICE TO PROVIDE TIME- LY AND CRITICAL SEVERE WEATHER REPORTS AND SERVICES TO AIRLINES AND RESIDENTS OF THE COAST- AL BEND; AND PROVIDING FOR PUBLICATION. THE PUR- POSE IS TO CONSTRUCT AND MAINTAIN A NATION- AL WEATHER SERVICE NEXT GENERATION RADAR (NEXRAD) FACILITY AND TERM OF LEASE SHALL BE FOR UP TO FIFTY YEARS. IN LIEU OF AN ANNUAL FEE THE CITY OF CORPUS CHRIS- TI WILL RECEIVE A FORECAST FACILITY THAT WILL INCREASE THE ABILITY OF THE NATIONAL WEATH- ER SERVICE TO PROVIDE TIMELY AND CRITICAL SE- VERE WEATHER REPORTS AND SERVICES TO AIRLINES AND RESIDENTS OF THE COASTAL BEND. The ordinance was passed and approved by the City Council of the City of Corpus Christi on the 14th dory of DscembeT, 1993. Coy of Corpus Christi