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