HomeMy WebLinkAbout021921 ORD - 04/19/1994AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A LEASE WITH THE U.S.
DEPARTMENT OF TRANSPORTATION, FEDERAL
AVIATION ADMINISTRATION, IN CONSIDERATION OF
OPERATION AND MAINTENANCE OF OUTER MARKER
FACILITIES; 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 with the U.S. Department of Transportation, Federal Aviation
Administration in consideration of operation and maintenance of Outer Marker facilities,
from July 1, 1994 through September 30, 1994 and thereafter annually from October 1
through September 30, 2005, all as more fully set forth in the 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 City Charter of the City of Corpus Christi.
AG5000.489.abf
021921
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, TX 76193-0056
Lease No. DTFA07-94-L-01096
Outer Marker (OM) Facility
Corpus Christi 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 Corpus Christi International Airport, 1000
International Drive, Corpus Christi, Texas 78406-1801, for 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 July 1, 1994, and ending September 30, 1994, the
Lessor hereby leases to the Government the following described property,
hereinafter called the premises, VIZ:
SITE AND ACCESS ROAD
Being an irregular shaped tract of land out of the North 1/2 of Section
11, Laureles Farm Tracts as shown by map of record in Volume 3, Page 15,
Nueces County, Texas, Map Records, and being out of that certain tract of land
in the name of E.R. Russell as described in Volume 317, Page 15, Deed Records,
Nueces County, Texas, said tract of land being more particularly described by
metes and bounds as follows:
Beginning at an axle set in the centerline of 40 -foot wide County
Road No. 47 which marks the Southeast corner of the North 1/2 of
said Section 11, Laureles Farm Tracts; Thence S89°50'30"W a distance
of 20.0 feet to a point in the West Right -of -Way line of said County
Road No. 47 for the Southeast and beginning corner of the herein
described tract of land; Thence continue S89°50'30"W a distance of
2338.40 feet along the south line of the North 1/2 of said Section
1
Lease No. DTFA07-94-L-01096
Outer Marker (OM) Facility
Corpus Christi International
Airport, Corpus Christi, Texas
11 to a 1" iron pipe set for the Southwest corner of this tract;
Thence NO°09'15"W a distance of 80.0 feet to a 1" iron pipe set for
the Northwest corner of this tract; Thence N89°50.30"E a distance of
50.0 feet along a line that is 80.0 feet North of and parallel to
the South line of the North 1/2 of said Section 11 to a 1" iron
pipe; Thence S0°09'15"E a distance of 50.0 feet to a 1" iron pipe
set for an interior corner of this tract; Thence N89°50'30" E a
distance of 2288.40 feet along a line that is 30.0 feet North of and
parallel to the South line of the North 1/2 of said Section 11 to a
1" iron pipe set in the West Right -of -Way line of said County Road
No. 47; Thence S0°09.15"E a distance of 30.0 feet along the West
Right -of -Way line of said County Road No. 47 to the place of
beginning and containing 72,652 square feet or 1.668 acres. As more
particularly shown on Department of Engineering & Physical
Development drawing dated August 30, 1974, marked 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 forsubsurfacepower,
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, 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'
2
Lease No. DTFA07-94-L-01096
Outer Marker (OM) Facility
Corpus Christi International
Airport, Corpus Christi, Texas
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 2005.
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 Outer Marker 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. 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
VOR and VORTAC (en route only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications Outlet
Other En Route Facilities
3
Lease No. DTFA07-94-L-01096
Outer Marker (OM) Facility
Corpus Christi International
Airport, Corpus Christi, Texas
6. NON -RESTORATION:
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.
7. 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.
4
Lease No. DTFA07-94-L-01096
Outer Marker (OM) Facility
Corpus Christi International
Airport, 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.
8. 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.
9. 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.
10. NOTICES:
All notices sent to the parties under the lease shall be addressed as
follows:
To the Lessor: Director of Aviation, Corpus Christi International Airport
1000 International Drive, Corpus Christi, TX 78406-1801
5
Lease No. DTFA07-94-L-01096
Outer Marker (OM) Facility
Corpus Christi International
Airport, Corpus Christi, Texas
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.
Approved as to form:
James R. Bray, Jr.
City Attorney
B
Alison Gallaway,
Assistant City Attorney
6
CITY OF CORPUS CHRISTI, TEXAS
By:
Title:
THE UNITED STATES OF AMERICA
Title: Contracting Officer
Lease No. DTFA07-94-L-01096
Outer Marker (OM) Facility
Corpus Christi 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
7
Signed by
,c%O ° 09 "75 "i/
50.0'
I 1!
m U
dc i
G, I' T '
Corpus Christi
Corpus Christi Area
ONE INCH EQUALS ABOUT 2.5 MILES
That the foregoing ordinance was rp d
to its second reading on this the LI -
19 04 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
That the foregoing ordinance /Is
pass finally on this the 11
19 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
CuvrmAhl
for the first�,f tt7ime and passed
��
day of C
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
read
day
out
for the econd time and
of
Edward A. Martin
Dr. David McNichols �I
David Noyola
Ll
Clif Moss
Betty Jean Longoria nut
pAspp AND APPROVED, this the day
19 uNt
ATTEST:
C "ty Secretary
APPROVED: /62 DAY OF `114O4'G2L
of V"�I
MAYOR
THE CI 0
JAMES R. BRAY, JR., CITY ATTORNEY
\forms\044
'
021921
, 1994
CORPUS CHRISTI
r
PUBLISHER'S AFFIDAVIT
State of Texas, ) CITY OF CORPUS CHRISTI
County of Nueces ) ss: AD# 78266
PO#
Before me, the undersigned, a Notary Public, this day personally
came Phyllis Smith, who being first duly sworn, according to
law, says that she is 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 LEASE FROM JULY 1 which the annexed
is a true copy, was published in the Corpus Christi Caller -Times
on the 27th day(s) of March, 1994.
One Time(s)
$73.60
Sebretar
Subscriber and sworn to before me this nth day
of April, 1994.
Notary Public, Nueces County, Texas
Sunday, March 27, 1994 Corpus Christi Caller-Times/F7
Notices 1110 legd..Mlikr >' otices
NO
DIN
AU
MANA
NEE, TO EXECUTE A LEA
FROM JULY 1170 SEPTEM-
BER 30, 1994, WITH AN
OPTION TO RENEW AM)-
ALLY THROUGH S5PTEIYER 4
'. 30,2005,. WITH TIa U19TED
- STATES DEPAR11StTt OF . 1
� .. AL NSPORTA fl TIASMS 4
! ADMINISTRATION fl -U- 1
RISE OF MA
+AND
J ,
UM
SYSTEM I FOR
PADUSDS NCtSTI
NAThe AN
L. AIRPORT;
SHALL PAY N0 MO$R/UIY
CONSIDERATION IN THE
FORM OF RENTAL, IT BEING
MUTUALLY AGREED THAT
THE RIGHTS EMENDED TO
THE GOVERNMENT HEREIN
ARE IN CONSIDERATION OF
THE OBLIGATION ASST NED
BY THE GOVERNMENT IN ITS
ESTABLISHMENT, . OPERA-
TION, AND MAINTENANCE
OF THE OUTER MARKER FA-
CILITIES UPON. THE
PREMISES HEREBY LEASED;
AND PROVIDING FOR PUSU-
CATION.
r The ordinates vat Mwd
and approved on Mat
s
reading by tM City CoundM of
the City of Carpus Christi on
the 22nd dW of AAsrah,�
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces ) ss: AD# 10033
PO#
Before me, the undersigned, a Notary Public, this day personally
came Phyllis Smith, who being first duly sworn, according to
law, says that she is 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 Particio, Victoria, and
Webb Counties, and that the publication of NOTICE OF PASSAGE OF
ORDINANCE NO. 021921 AUTHORIZING THE CITY MANAGER. OR HIS
DESIGNEE. TO EXECUTE A LEASE FROM JULY 1 which the annexed is a
true copy, was published in the Corpus Christi Caller -Times on
the 24th day(s) of April, 1994.
One Time(s)
$73.60
N
C
Subscribed and sworn to before me this 9th day
of May, 1994.
•
Notary
Public,
Nueces
County,
`011111 io,„
\•..HA4
Texas 0 • 0-1" Pus,
;)•' '?0fi'S :*
E10/Sunday, April 24, 1994 Corpus Christi Caller -Times
P.M.
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FROM
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30, 20011,
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TER
MARKER OF TIE $STRU-
1110 Lapl N.tfces
MENT LANDING SYSTEM
1ILFOR THE CORPUS
CHRISTI INTERNATIONAL
AIRPORT; A10 THE GOV-
ERNMENT SHALL PAY NO
MONETARY CONSIDER-
ATION.. 01 THE NAM OF
RENTAL, IT SONG MUTUAL-
LY .AGREED THAT THE
RIGHTS EXTENDED TO THE
GOVERNMENT HEREIN ARE
INC TBHVE
OATHE
ESTA ITS
TION, ANO M*MnWI NCE
OF THEFAC
flIE
PREM 1 TI ASE0::.
AND
PUBUFATION.
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ares tM• CIM Canc0 N
the Cd CopsMIMS on
the 1 S day of
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