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
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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
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ity Attorney
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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.
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Notary Public, Nueces County, Texas_ V: .c�, o
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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