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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. AUT MAN I NEE, FROM BER 1 OPT Alt? 30, 20011, r STATES TRANSPORTAT AL AVIATION M TRATION NMFOSE OF ERAM AND OP - 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. 1 h.* In/ Maid ares tM• CIM Canc0 N the Cd CopsMIMS on the 1 S day of /ef