HomeMy WebLinkAbout026365 ORD - 07/26/2005
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
FROM OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2015; AND
PROVIDING FOR PUBLICATION.
NOW, THEREFORE, 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 October 1,
2005 through September 30, 2015, all as more fully set forth in the lease, 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.
0:2r1365
ThaI the foregoing ordina~e was read for the first time and passed to its second reading
on this the ~ day of .-A' iAu( ,2005, by the following vote:
Henry Garrett l 0;c ).~ Rex A Kinnison ~Ch'
;\' .-ft-'
Brent Chesney lU1) Melody Cooper " '1'-'f
,eny Ga~ia lLO, John E. Maffi' . ~
Jesse Noyola Ult' i 1\... Mark Scott
Bill Kelly .Lu-:f- _' .
,That, the foregoi
. ~''day of
or 'nance was read for the second time and passed finally on this the
, 2005, by the following vote
Bill Kelly
~
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(H~l"
,:LL;tL
Rex A. Kinnison
(Ave
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U'
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Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
John E Marez
Jesse Noyola
Mark Scott
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A~maK 0 Chapa, City secreta~
.)ri\' \ i 0 1
, Ie day of -jV'--"''-'"'/) , 2005.
~~df
~ry Garre ,Mayor
APPROVED AND PASSED on this
ATTEST
APPROVED: ..2-.J.. day of--:Jw "€..... 2005.
MARY KAY FISCHER, CITY ATTORNEY
."
BY V t 'I
"'-- ,
I J hn P. Burke, Jr.
ssistant City Attorney
0263f15
,
Lease DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
and
CITY OF CORPUS CHRISTI, TEXAS
TillS LEASE is hereby entered into by the CITY OF CORPUS CHRISTI, TEXAS whose
address is PO Box 9277, Corpus Christi, Texas 78469 hereinafter referred to as the Lessor and
the UNITED STATES OF AMERICA, hereinafter referred to as the Government. This lease
shall be effective when it is fully executed by all parties. The terms and provisions of this lease,
and the conditions herein, bind the Lessor and the Lessor's heirs, executors, administrators,
successors, and assigns.
WIlNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
I PREMISES:
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, VIZ:
OUTER MARKER AND ACCESS ROAD (OM)
Being an irregular shaped tract ofland out of the North Y, of Section II, Laureles Fann
Tracts as shown by map of record in Volume 3, Page 15, Nueces County, Texas, Map Records,
and being out of that certain tract ofland in the name ofE.R. Russell as described in Volume
EXHIBIT A
Lease No. DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
317, Page 15, Deed Records, Nueces County, Texas, said tract ofland 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 comer of the North Y, of said Section II, Laureles Farm Tracts; Thence
S89050'30"W a distance of20.0 feet to a point in the West Right-of-Way line of said County
Road No. 47 for the Southeast and beginning comer of the herein described tract ofland; Thence
continue S89050'30"W a distance of2338.40 feet along the south line of the North Y, of said
Section II to a I" iron pipe set for the Southwest comer of this tract; Thence Noo09'15"W a
distance of 80.0 feet to a 1" iron pipe set for the Northwest comer of this tract; Thence
N89050'30"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 Y, of said Section II to a I" iron pipe; Thence Soo09' 15"E a distance of
50.0 feet to a I" iron pipe set for an interior comer of this tract; Thence N89050'30''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 Yz
of said Section II to a I" iron pipe set in the West Right-of-Way line of said County Road No.
47; Thence Soo09' 15''E a distance 000.0 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 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 for
establishing and maintaining a pole line or pole lines for extending electric power and/or
telecommunication lines to the premises; and a right-of-way for subsurface power,
communication and/or 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 otherwise, 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
ofthe premises, and the removal of all obstructions from the premises which may constitute a
hindrance to the establishment and maintenance of Government 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.
2
Lease No. DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
2 TERM:
To have and to hold, for the tenn commencing on October I, 2005 and continuing through
September 30, 2015 inclusive, PROVIDED, that adequate appropriations are available from year
to year for the payment of rentals.
3. CONSIDERATION:
The Government shall pay the Lessor no monetary consideration in the form of rental, it being
mutually agreed that the rights extended to the Govenunent herein are in consideration of the
obligation assumed by the Govenunent in its establishment, operation, and maintenance of the
Outer Marker facilities upon the premises hereby leased.
4. CANCELLATION:
The Govenunent may terminate this lease, in whole or in part, if the Real Estate Contracting
Officer (RECO) determines that a termination is in the best interest of the Government. The
RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of
the termination. The termination notice shall be delivered by registered mail, return receipt
requested and mailed at least 30 days before the effective termination date.
5. NON-RESTORATION:
It is hereby agreed between the parties, that upon termination of its occupancy, (due to
termination or expiration of the lease), the Govenunent 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 the Govenunent 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. Such abandoned
equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by
the Government to the Lessor in writing.
6. INTERFERENCE WITH GOVERNMENT OPERATIONS:
The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever
kind or nature on the site or adjoining land within the airport boundaries that may interfere with
the proper operation of the facilities installed by the Government under the terms of this lease
unless consent hereto shall first be secured from the Govenunent in writing.
3
Lease No. DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
7. FUNDING RESPONSffiILITY FOR GOVERNMENT FACILITIES:
The Lessor agrees that any relocation, replacement, or modification of any existing or future
Government facilities covered by this lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere with
the technical and/or operational characteristics of the Government's facilities will be at the
expense of the Lessor, except when such improvements or changes are made at the written
request of the Government. In the event such relocations, replacements, or modifications are
necessitated due to causes not attributable to either the Lessor
8 CONTRACT DISPUTES:
All contract disputes arising under or related to this contract shall be resolved under this clause,
and through the Federal Aviation Administration (FAA) Office of Dispute Resolution for
Acquisition (ODRA). Said disputes shall be govemed by the procedures set forth in 14 C.F.R.
Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available,
will be in accordance with 49 U.S.c. 46110 and shall apply only to final agency decisions. The
decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted
their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution
System.
A contract dispute shall be made in writing and signed by a Lessor or duly authorized
representative of the Lessor and submitted to the RECO, that it is disputed either as to liability or
amount. Submission shall be within two years of the accrual of the contract claim involved. The
RECO's decision concerning the contract dispute shall be binding on the parties unless the
Lessor appeals the matter to the FAA ODRA. The RECO, upon request, will provide
information relating to submitting a dispute.
9. OFFICIALS NOT TO BENEFIT:
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.
10. COVENANT AGAINST CONTINGENT FEES:
The Lessor warrants that no person or agency has been employed or retained to solicit or obtain
this lease 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
4
Lease No. DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
tlus lease without liability or, in its discretion, to deduct from the lease consideration, or
othelWise recover the full amount of the contingent fee.
11 OUIET ENJOYMENT:
The Lessor warrants that they have good and valid title to the premises, and rights of ingress and
egress, and warrants and covenants to defend the Government's use and enjoyment of said
premises against third party claims.
12. HOLDOVER:
If after the expiration of the lease, the Government shall retain possession of the premises, the
lease shall continue in force and effect on a month-to-month basis. Rent shall be paid in
accordance with the terms of the lease, in arrears on a prorated basis, at the rate paid during the
lease teno. This period shall continue until the Government shall have signed a new lease with
the Lessor, acquired the property in fee or vacated the leased premises.
13. ANTI-KICKBACK:
The Anti-Kickback Act of1986 (41 U.S.c. 51-58) (the Act), prohibits any person from (I)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting,
or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any
kickback in the lease price charged by a Lessor to the United States or in the lease price charged
by a subcontractor to a prime Contractor or higher tier subcontractor.
14. ASSIGNMENT OF CLAIMS:
Pursuant to the Assignment of Claims Act, as amended, 31 U.S.c. 3727,41 U.S.C., the Lessor
may assign their rights to be paid under this lease.
15. NOTIFICATION OF CHANGE OF LAND TITLE:
If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid
land, rights of way thereto, and any areas affecting said demised premises, they shall immediately
notify the Government, in writing, of any such transfer or conveyance affecting the demised
premises within 30 calendar days after completion of the "change in property rights." Concurrent
with the written notification, the Lessor shall provide the Government copies of the notification,
the Lessor shall provide the Government copies of the legal document(s) (acceptable to local
authorities) for transferring and or conveying the property rights.
5
Lease No. DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
16. SUBORDINATION. NONDISTURBANCE AND ATTORNMENT:
The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and
subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now
or hereafter imposed upon the premises, so long as such subordination shall not interfere with
any right of the Government WIder this lease. It is mutually agreed that this subordination shall
be self-operative and that no further instrument shall be required to effect said subordination.
In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership,
by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure,
the FAA will be deemed to have attomed to any purchaser, successor, assigns, or transferee. The
succeeding owner will be deemed to have assumed all rights and obligations of the Lessor WIder
this lease, establishing direct privity of estate and contract between the Government and said
purchasers/transferees, with the same force, effect and relative priority in time and right as if the
lease had initially been entered into between such purchasers or transferees and the Government;
provided that such transferees shall promptly provide, following such sale or transfer, appropriate
documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly
execute any instrument, or other writings, as shall be deemed necessary to document the change
in ownership.
17. EXAMINATION OF RECORDS:
The Comptroller General of the United States, the Administrator of the FAA or a duly authorized
representative of either shall, Wltil three years after final payment WIder this contract have access
to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or
other records involving transactions related to this contract.
18. LEASE SUCCESSION:
This lease supersedes Lease DTF A07 -94-L-0 1 096 and all other previous agreements between the
parties for the leased property described in this document.
;
6
Lease No. DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
19. NOTICES:
All notices/correspondence shall be in writing, reference the lease number, and be addressed as
follows:
TO LESSOR: City of Corpus Christi
PO Box 9277
Corpus Christi, Texas 78469
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Property and Services Branch, ASW-54
Fort Worth, TX 76193
IN WITNESS WHEREOF, the parties have signed their names:
CITY OF CORPUS CHRISTI, TEXAS
BY:
DATE:
mLE:
THE UNITED STATES OF AMERICA
02- LP. GJ.J>1-
GLEN D. BATTS
TITLE: CONTRACTING OFFICER
BY:
DATE:
L! /5" -c;Z;-
7
I
Lease No. DTFASW-06-L-00045
Outer Marker and Access Road
Corpus Christi, Texas
CORPORATECER~CATE
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
day of
, in the year
Signed by
CORPORATE SEAL
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!-3eton' me, the undersigned. a Notary Public, this day personally came Diana
i-:En..oj..Qsa, who being first duly sworn, according to law, says that she is
S~NIOR_ COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
\ra!lsas. Bee, Brooks Duval, ,Jim Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg,
i,I\" Oak, Nueces, Refugio San Patricio, Victoria and Webb Counties, and that
t he publication of.
NOTICE OF PASSAGE OF ORDINANCE ON which the
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"rmexed is a true COP\ , was IJ1serted in the Corpus Christi Caller-Times and on
the World Wide Wt'b on the Caller Times Interactive on the 3RD day(s) of JULY,
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SENIOR COLLECTOR
TWUl.~...J Timt'(sl
Subscribed and sworn to me on the date of
,JULY 04, 2005.
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Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Namt' of Notary Public
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My commission t'xpires on 04/23/09.
NOTICE OF PASSAGE
OF ORDINANCE ON
FIRST READING
Authorizing the City i
Manager or his
designee to execute a
lease with the United
States Department of
Transportation,
Federal Aviation
Administration, for
Outer M8I1<er faclHties
from October 1, 2005
through September 30,
2015. In lieu of rental
payment, The FAA will
operate and maintain
the facilities. This
ordinance was passed
and approved by the
City Council of the City
of Corpus Christi on its
first reading on June
28, 2005.
Is! Armando Chapa
City Secretary
City of Corpus Christi
.~ (\,p.Rll'\On
flMM\Ct. 0
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. ,~ftU&i'X~ S
I'. d r\ 1 , ( I
PUBLISHER'S AFFIDAVIT
CITY I W C( )I<PU~ CHRISTI
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!~,'II,n nH',11l<' lIHkT',igncd.;1 Not;n,' Pldllic, this dnv personally came Diana
Illnolosc:. who bcing first dulv sworn. dccorchng to law, says that she is
>~f;;NI()R c;"ULLEL:.'[(2R of the Corpus Christl Coller-Times, a daily newspaper
"ihiJshul at Cilrpus CIlIIS!l in said Citv and State, generally circulated in
\rdi'SdS Bcc, Hro(,ks. Duv;lI. ,Jim Hogg, ,Jim Wells, Karnes, Kenedy, KJebcrg,
\ I (ldk. Nllt,(( s. I<elllgio ~an Patricio, Victoria and Webb Counties, and that
'i,,' pllblicalioll Ill'.
i\JOTICE OF PASSA(~E OF ORDINANCE NO. which the
---....----. ----- ----------_.__.._---~-- .-
..::!I<xI'd is d true CUP\, WilS InscTkd in thc Corpus Christi Coller-Times and on
Ii" Wurld Wide Wcb Oil t h,' ('nllerTimes Interactive on thc ::3.1ST day(s) of JULY,
. Ill) l.
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~ENIOR COLLECTOR
TW( lLU Timc!si
Subscribed dlld sworn to me on the date of
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NoLIn Public. Nucccs County, Tcxas
h~OS/\ Ivl/\f<li\ FLORES
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['rillt or T\Tl<' '\lnrnc of Notarv Public
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"""W-
OF ORDINANCE NO.
026365
Authorizing the City
Manager or his
designee to execute a
lease with the United
States Department of
Transportation,
Federal Aviation
Administration, for
Outer Marker facilities
from October 1, 2005
through September 30.
2015. In lieu of rental
payment, The FAA will
operate and maintain
the facilities. This
ordinance was passed
and approved by the
City Council of the City
of Corpus Christi on its
second reading on July
26,2005.
is! Annando Chapa
City Secretary
City of Corpus Christi
. . I
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