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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 ~ , U':L \...... t-.-' vt~.~ (H~l" ,:LL;tL Rex A. Kinnison (Ave ~L~" U' z!t . ,f- Henry Garrett Brent Chesney Melody Cooper Jerry Garcia John E Marez Jesse Noyola Mark Scott f....\ /'_, ~ 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 8 - J.'V, t'J 1 ~ o~ ~ a.o. tJ9 'Ii- .e;. ~ "- ........ ==:L- 4, ilO'og'15W: tJiM' ;'.~~:'-.. . l'l ~'" i~ ~O' -' S.U""'15"~. 1 , ~ ~ ~ c0 tV t.l~ t,P . 1\ oP '\ 0 i I . C C flft 0~ 11" ~)1 ~ 1<^ . f J~ _"!>.O~ "~'. O' . t/ CovAlrY' R040 OVO. 47 '-. . C4n1H' ()j "::,t),,n ~ Or . - 6rtc.'IIJ (.(lU/'Y"6 't:1rtn Trbt:/$ CITy Of CORPUS CHRISTI, TEXA.S. PEPAflTMEHT OF ENGINEERING e. PWtSIC.AL DEVELOPMENT. ~ OF W/li, I ASEMENT ACQUISITION. owtlEft : ,J QUCl'!IP N: ~OJECT' ' DATE; . PUBLISHER'S AFFIDAVIT c:!' !) <rate ,)fTexa~'~- \ ountv of Nueces , ('" 5 '-~ ss: CITY OF CORPUS CHRISTI Ad # ;-)246633 PO # !-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 _."~---~--- "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, ~~oo~) . $K~ J2 l\L"O/lA (fj tM.~.s~ SENIOR COLLECTOR TWUl.~...J Timt'(sl Subscribed and sworn to me on the date of ,JULY 04, 2005. .~, r I~" \'- ,: i ".,l'! 1-'..- '~?~ l:r;l _;F\'~-- ~ [.',,) c,t'72n ~ \:'- ~ ~- - ~ - Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Namt' of Notary Public ~ j. , l'l\t\-'. ". -.Cr. i-20'" C 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 ~l't q\ SO . ,~ftU&i'X~ S I'. d r\ 1 , ( I PUBLISHER'S AFFIDAVIT CITY I W C( )I<PU~ CHRISTI !\l! 2() /'k q P() " !~,'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. ~"(-"'; i 7~' 1'" . - _.)L aJlCL ?jj iuo-JO~~ ~ENIOR COLLECTOR TW( lLU Timc!si Subscribed dlld sworn to me on the date of i\ {j ( ; VST ()l 2_lQQ.;S. 1'1'\,1. _~ J(] ,.() /O/Lt.<i ~~ NoLIn Public. Nucccs County, Tcxas h~OS/\ Ivl/\f<li\ FLORES --- ------ -- .'--~---- ['rillt or T\Tl<' '\lnrnc of Notarv Public '.."" " '." :::: ~,* \1\ I tlllllll i SSIt'1l ('xpi res on 03L2.J1Q9~ .' . """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 <.. v"~ ..'