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HomeMy WebLinkAbout027905 ORD - 10/21/2008ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO LEASE REAL PROPERTY TO THE UNITED STATES COAST GUARD FOR $1.00 A YEAR FOR A TERM OF NINETEEN YEARS, NINE MONTHS (BEGINNING ON JANUARY 1, 2009 AND ENDING ON SEPTEMBER 30, 2028) IN CONNECTION WITH A NAVIGATION MARKER MOUNTED ON THE EAST WALL OF THE SOUTH TEXAS INSTITUTE FOR THE ARTS BUILDING, AN AID TO NAVIGATION (ATON) STRUCTURE KNOWN AS THE "CORPUS CHRISTI CHANNEL CUT 'B' WEST RANGE FRONT LIGHT (ACLL 7817)"; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a lease and all related documents to the U.S. Government (United States Coast Guard) for $1.00 a year for a twenty-year term (from January 1, 2009 to September 30, 2028) in connection with a navigation marker or Aid to Navigation (ATON) mounted on the east wall of the South Texas Institute for the Arts Building and known as the "Corpus Christi Channel Cut 'B' West Range Front Light (ACLL 7817)." SECTION 2. Publication shall be made as required under § 3, Article IX of the City Charter of the City of Corpus Christi. Armando Chapa City Secretary Approved as to form: 11 -Sep-08 Y Veronica Ocanas Assistant City Attorney For City Attorney 092308 ORD 20 -yr lease to USCG CI F CORPUS CHRISTI enry G. rett Mayor 027905 That the foregoing ordi a ce was read forte first time and passed to its second reading on this the 02 -ay of Cr , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoinordinance wa re9d or the second time and passed finally on this the 4/— day of (l , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED on this the ATTEST: Armando Chapa City Secretary 092308 ORD 20 -yr lease to USCG Priscilla G. Leal John E. Marez SAL Nelda Martinez Michael McCutchon /, day of Qck iv,. , 2008. Henry Barrett Mayor, the City of Corpus Christi 027905 STANDARD FORM 2 FEBRUARY 1965 EDITION / GENERAL SERVICES ADMINISTRATION FPA (41 CFR) 1-16.601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE No. October 01, 2008 HSCG82-08-L-8N3067 THIS LEASE made and entered into this date by and between City of Corpus Christi, whose address is 1201 Leopead Street, Corpus Christi, TX 78469-9277, and whose interest in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter described as the United States Coast Guard, hereinafter called the Government: WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follow: 1. The Lessor hereby leases to the Government the following described premises, hereinafter referred to as the "premises". Site address: A show on excerpt copy of US Coast and Geographical Survey Chart No. 523, marked Exhibit "A" dated January 1962, and incorporated by reference herein known as Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817) 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on January 1, 2009 through September 30, 2028, subject to termination and renewal rights as may be hereinafter set forth. 3. CONSIDERATION: The consideration for this lease shall be $1.00, of which the receipt and sufficiency is hereby acknowledged for the operation and maintenance of this property to be used by Aids to Navigation equipment for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 4. NOTICE: The Government may terminate this lease, for cause, at any time by giving at Least thirty (30) days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. The Lessor may terminate this lease at any time by giving at least ninety (90) days notice in writing to the Government. Said notice shall be computed commencing from the date of receipt of termination notice. STANDARD FORM 2 1 HSCG82-08-L-8N3067 FEBRUARY 1965 EDITION 5. This lease will continue (14 U.S.C. § 672) with the same terms and conditions, unless and until the Government shall give notice of termination in accordance with paragraph 4, provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this lease shall in no event extend beyond September 30, 2028. 6. A Supplemental Agreement will be utilized to make changes/adjustments to this lease. 7. TAX IDENTIFICATION: All leases must include either a nine -digit Federal Tax Identification number or a Social Security number. Please indicate below: Name of Lessor: City of Corpus Christi Tax ID number: 74-6000574 Telephone number: _(361) 826-3516 (City Property Mgr office) 8. COMPLIANCE WITH APPLICABLE LAW: The Lessor shall comply with all Federal, State, and local laws applicable to the Lessor as Owner or Lessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal, State, and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 9. MAILING: Mailing refers to Certified Mail with return receipt and the date of acceptance being the start date. 10. CHANGE OF OWNERSHIP NOTIFICATION: Lessor will notify Government within thirty (30) days of any transfer of ownership of the described property; or change in payment mailing address. 11. SUCCESSORS BOUND: The lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. 12. INDEMNIFICATION: The Government, in the manner and to the extent provided by Federal Tort Claims Act (28 U.S.C. § 2671-2680), as amended), shall be liable for, and shall hold the Lessor harmless from claims for damage or loss of property, personal injury or death caused by the act or omissions of the Government, its officers, employees and agents in the use of the leased premises. 13. INGRESS/EGRESS: Lessor hereby grants to the Government, its contractors and other duly assigned personnel, the right of ingress and egress (both vehicular and pedestrian) necessary or convenient for the installation, use, maintenance, repair, operation, and replacement of Government owned equipment across Lessor's property. STANDARD FORM 2 2 HSCG82-08-L-8N3067 FEBRUARY 1965 EDITION 14. GOVERNMENT INSPECTION: The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 15. PERFORMANCE FAILURE: If Lessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the lease within thirty (30) days of Governments written notice to Lessor, Government may deduct any cost incurred for the service or item, including administrative costs, from rental payments or Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. 16. ANTI -DEFICIENCY ACT (31 U.S.C. § 1341, as amended): Nothing in this lease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 17. INSURANCE: The Government is a self-insured entity. 18. TAXES AND ASSESSMENTS: The Government is not responsible or liable for any real property or personal property taxes, personal taxes, nor assessments levied or assessed upon or against the leased premises. 19. CONDITION OF USE: The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, Sate and local permits, licenses, or other authorization required for operation of its equipment. 20. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE, AND REMOVAL: The Government is solely responsible for all costs connected with the installation and maintenance of all Government owned equipment located on the leased Premises. Installation and operation of Government equipment shall be done according to applicable Government codes and accepted industry standards. 21. WARRANTY: Lessor makes no warranty, express or implied, as to the suitability of the leased Premises for the Government's intended use or purpose and expressly disclaims any such warranty. 22. SUBLETTING/ASSIGNMENT: Government may not sublet or assign the leased Premises. 23. LEASE ADMINISTRATION: Administration of subject lease will be accomplished by: Commander (rp), US Coast Guard, Civil Engineering Unit Miami, 15608 SW 117 Avenue, Miami, Florida 33177, Telephone: (305) 278-6717.. 24. SEVERABILITY: If any term or provision of this lease is held invalid or unenforceable, the remainder of this lease shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law. STANDARD FORM 2 3 HSCG82-08-L-8N3067 FEBRUARY 1965 EDITION 25. DISPUTES (DEC 1998): This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 601-613). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. a. "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (b) (2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed as to either liability or amount or is not acted upon in a reasonable time. b. (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within six (6) years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d) (2) (iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. c. For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within sixty (60) days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, with sixty (60) days, decide the claim or notify the Contractor of the date by which the decision will be made. STANDARD FORM 2 4 HSCG82-08-L-8N3067 FEBRUARY 1965 EDITION d. The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. e. If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolutions (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. f. The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required), or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.21, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided for in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each six (6) month period as fixed by the Treasury Secretary during the pendency of the claim. 26. ASSIGNMENT OF CLAIMS (JAN 1986): a. The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign, reassign, or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. b. Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. c. The Contractor shall not furnish or disclose to any assignee under this contract any classified documents (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. STANDARD FORM 2 5 HSCG82-08-L-8N3067 FEBRUARY 1965 EDITION 27. This lease incorporates by reference the applicable clauses in GSA Form 3517A ("General Clause"), with the same force and affect as if they were given in full text. Upon request, the Government will make the full text available or the full text may be found at http://www,gsa.gov/leasingform. 28. This lease supersedes Permit No. Lease 08-020-62, which was negotiated with an indefinite term. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: BY (Signature) (Official title) IN PRESENCE OF: (Signature) (Address) UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY / US COAST GUARD BY: Anna Perez -Giuliani, Realty Specialist. (Signature) (Official title) STANDARD FORM 2 6 HSCG82-08-L-8N3067 FEBRUARY 1965 EDITION PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5880027 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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 ORDI NANCE NO. 0279 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10/26/2008,10/26/2008. $ 143.60 LEGAL SALES REPRESENTIVE 1Time(s) On this aCti `day ofOCk £^ , I certify that the attached document is a true and an exact copy made by publisher. 1 Nry Public, State of Texas October 26, 2008 NOTICE OF PASSAGE OF ORDI- NANCE NO. 027905 Authorizing the City Manager or his de- signee to lease Real Property to the United States Coast Guard for $1.00 a year for a term of - nineteen years, nine.. months (beginning on January 1, 2009 andendingon September 30, in connection with a navigation' marker mounted onthe east wallofthe South Tex- as Institute for the Arts Building, an Ald To • Navigation:(Aton). structure known as the "Corpus Christi ;Chan- nel :.ggCut . "B"'. West Front (Ac117817)" providing tor publication, This ordinance was passed and approved by the City Council of the City of Corpus Christi on Its second reading on Oc- tober' 21, - 2008. The effective date Is Janu- ary 1, 2009.. /s/ Armando Chapa -City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT CIg43g State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5876439 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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 ORDI NANCE ON FIRST which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/28/2008,9/28/2008. 137.62 1Time(s) ot-k\cao PRESENTIVE On this 9/0- day of ole , 2 I certify that the attached document is a true and an exact copy made ; y publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 N s tary Public, State o exas . , • September 28,2008 ' , NOTICE OF 1 PASSAGE OF ORDI- READING NANCE ON FIRST Authorfzing the City Manager or his de- signee to lease heal eroperty to the Untied States Coast Guard for $4.00. a year for a term of .-nrneteen years, nine months (beginning on January 1, 2009 and ending on September 30, 2028) in connection with a navigation marker mounted on the east wail of the South Tex- as Institute for the Arts Building, an Aid To Navigation (Aton) structure known as the "Corpus Christi Chan- el . Cut "13" West ange Front Light AcI17817)"; providing or publication. This or- dinance was passed and approved by the City Council of City lof Corpus Christi on Its first reading on Sep- tember 23,2008. • ' /s/ Armando Chapa City Secretary City of Corpus Christi