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HomeMy WebLinkAboutC2005-353 - 7/26/2005 - ApprovedLease DTFASW--06-LqKKM5 Outer Marker and Acccas Ro~ Corpus Christi, Texas LEASE Between THE ~I'rED STATES OF .MVIERICA D~PARTMFANT OF TRANSPORTATION FEDERAl, AVIATION ADMINISTRATION and CITY OF CORPUS CHRISTI, TEXAS I'HIS I.EASE is hcr~y entcrefl into by thc CITY OF CORPUS CHRISTI. TEXAS ~ address i~ PO Box 9277, Corptm Christi, Texas 78469 herei~ referred to as the ~ ~d the I INITED STATES OF AMERICA, hereinafter refea'reg lo as the GovemmenL Thi. l~as~ shall be effective when it is fully executed by all parties. The terms and provisions of this lea~ ,,~M the ca~nditions herein, bind the Lessor and the Lessor's heim executora, administrators, ~uccessors, and a~sigl~. WH'NESSETH: The parties hereto for the consideration hereinafter mentioned covetmnt and agwc as follows. I PP, EM I$t~S: l'he Lessor hereby leases to the Govcrnmeot the following der, ch'bed property, herinafter referrrd to as the premises. VIZ' OUTER MARKER AND ACCT3$ ROAD (OM) Being an irregular shaped tract of land out ofthe North 56 of Section 11, I sn,r~les F~a,,, l'rm:t~ aa shown by map ofrecord in Volume 3, Page 15, Nuecea Co~ua~y, Texa~ Map Reconta, md hein8 out of that certain tract of land in the name of E.IL Russell as cleaeribed in Volnm~ FA ~ 1005-353 07/16/05 Ord016363 Lease No. DTFASW-O6-L-(X)045 Outer Marker and Acceas Road Corptm Christi, Texaa ; 17. Page 15, ~ Records, Nueces County, Texas, said tract of land being mom particularly described by meles and bounds as follows: Beginning at an axle set in thc centerlinc of 40-foot wide Cotmty Road No. 47 which marl~ thc South~tst comer of the North Y~ of said Section I 1, Laumles Farm Ttacta; Thence S89°50'30"W a distance of 20.0 feet to a point in the Weat Right-of-Way lin~ of aaid Com~ Road No. 47 for the Southeast and beginning comer oftbe herein describod Iract of land; Thea~e continue S89°50'30"W a distance of 2338.40 feet along tl~ south line oftl~ North ½ of said Secnon I 1 to a 1" iron pipe act for the Southw~t corner of this tract; Tbence N0°09'lS"W a distance of 80.0 fee~ to a l" iron pipe set for the Northwest corner ofthia trot; Thence Ngg°50'30"E a distance o1'50.0 feet along a lir~ that is 80.0 feet North of and parallel to the ~;outh line ofthe North 16 of said Section I 1 to a I" iron pipe; Thence S0~09'15"E a dittan~ of ~0.0 feet to a 1 ~' iron pipo set for an interior comer of this tract; Thonce Ng9°50'30"E a di~mce of 2288.4o feet along a linc that is 30.0 feet North of and parallel to the South line oftbe North ½ ,q'smd Section I 1 to a 1" iron pipe scl in the West Right-of-Way line ofaaid County Rm~d No. 4:; Theme S0°09' 15'E a distancc of 30.0 fee~ along the West Right-of-Way line of said County Road No. 47 to lhe place ofbeginning and containing 72,652 sq,ar~ fi~ or 1.668 acr~. Pm more pamculnrly shown on drawing dated August 30. 1974. marked Exhibit "A" attached lxa~o ,md made a part hereof -'~ l ogether with a fight, of-way for ingress to and egress from the pmmisea; a right-of-way for cstabliahing and maintaining a pole line or pole lines for ext.:ling cl~x'ic pow~ and/or mlecornmunication linca to the premises; and a right-of-way for subsurfacc power, communica_fion and/or water lines to tbe pr~ni~a; all rights-of-way to b~ owr the ~id landa and adjoimng lands oftbe Lear, or, and unles~ tin.in dmcribed otherwise, to be by routm rea~aably dexermined to be the most convenient to th~ Gov~'nment. And the righl of gradinlb conditioning, and installing dminag~ faeiliti~, and ~ the soil ofthe pmmi~a, and the removal ofall ob~u~tiona from th~ pmmi~ which may corlstitut~ a hin&ance to the eslablida,,~nt and maintenance of Gov~'nm~nt facilities. ~' And the right to make alt~rationg attach fixtures, and erect additions, ah,~ur~ or signs, in ,ir upon the premises hereby leased, which alterations, fixtures, additions, slrtmtur~ or signs so placed in or upon. or attm:hed to the said promises shall be and r~nain the property of the Government. Lease No. DTFASW-06-b-00045 Outer Marker and Acco~___ Road Corpus C"hris~ Texaa 2 .TSRM.: I'o have and to hold, for the lerm commencing on October I, 2005 and continuing through September 30, 2015 inclusive, PROVIDED, that adeq,mte appropriafiona -,c available from year h) year for the paymenl of rentals. ~ _C_QN$1DERATION: The Government shall pay the Lessor no monetm3t comi~on in the form ofreaxt~ it being mutually agreed that the right~ extended to the Government ~ ~re in eomiclet~on of the oblig~lion a~xtmed by the Government in its eslablishment, operation, and msdntrrmnee of the Outcn' Marker fiwilities upon the premises hereby leased. .CANCELLATION: The Government may terminate this lease, in whole or in part, if thc Rgal E~t~ Contracting ¢_~cer (RECO) determines fi'mt a termin~on ia in the be~ inter~ of the Govm'nm~mt. Tho RECO shall terminate by delivering to the l.,es~ar a written notice ~aecifying the effective el.t,~ of ~he tc.~minafion. The termin~ion notice shall be delivered by registered mail, return receipt ,eque~ted and mailed at least 30 days before the effective termination date. 5. NON-RESTORATION: It is Im'~by agre~l b~we~n the lam'ties, that upon termination ofit~ oo.'Ulmn~, (duo to t~,.,inmion or expiration ofthe I~). the Govm'nment ~111 imve no obligation to ro~m~ am:l/or r~'mbi.litale, either wholly or partially, the prolm'ty which is the aubjoct mm~r ofthi~ le~. It ia Ihrth~ agr~d lhc Govemmmt may abandon in pl~ce any or all of the ~ m~l equipment ,nstalled in or Iocatod upon said property by the Govermnent during it. trntu'~ Su~ abandoned equipment shall become the property ot'the Les__,or. Notice of ~andom~nt will be convey~l by ~he Govermment Io the l.essor in writing. ~, LNTERFI~I~NCE WITH GOVERNI~-NT OPERATIONS: Tim Lessor %m-~ not to er~'t or allow Io be erected any stmctu~ or ob~uction of~ kind or natm'~ on the site or Mjoining land within the ai~ort boundaries ttmt may intarf~ wilh Ihe proper operation of the fmilities irt~tlled by thc Govm'nment unc~ the t~rma of tala 1~ unles~ consent hcreto shall first be secured fio,u the Government in writing. Leas~ No. DTFASW-O6-L-00045 Outer Marker and Acce~ Ro~d COrpL~ Christi, Texas FUNDING RF.,$PONSInlLITY FOR GOVERNMENT FACII.rHE$: 'l'hc Lessor ~ that any relocation, replacement, or modific~ion of any cad,ting or future ~. iovernment facilities covered by this lease during its term or any re~aew~l rhea'eof mltde ncccasa~.' by airport improvements or changes which in the Government's opinioo interfere with thc technical and'or operational charactcfigdcs of the Government's facilities will be at thc cxpcnse ,)fthe Lessor, except when such improvernent~ or chang~ ~ m:~,'l~, at tho written request ofthe Governmenl. In the o,'ent such relocations, replacemenla, or modifieatiom ar~ ~mcc~itated due to causes not attributable to either the Leto_ _r All contract disputes arising under or related to this contract ~mll be r~olved under thi, clmme, *and through thc Federal Aviation Administrmion (FAA) Office of Dispute Re~lufion for \cquisition (ODRA). S~id dispmcs shall be gnverncd by the procedures set forth in 14 C.F.R. Pm'Is 14 'and 17, which arc hercby incorpormcd by rcfercncc. J~iciai review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply onlyto final ~ decision~ Thc decision of the FAA shall be considered a final agency decision only alt. er a ll~e~r administralive remedies for resolving a contmcl dispute under the FAA Dist~,t~. Rgsolufion .\ o~tract disputc shall lac made in writing and signed by a L.cs~or or duly antlxn'izcd rcprcscntativc oftbe Les__~r and submittcd to thc RECO, that it is disputed either u to liability or amount. Submission shall be within two years o£the accrmd of the conla~ct claim involved. Thc RE('O's decision conccrning thc contract dispute shall be binding on the parties unless the I.oss~' appeals the minter Io the FAA ODRA. Thc RECO, upon request, will p, uvidc reformation relating to s~bmitting a dispute. OFFICIALS NOT TO B~.NEFIT: No membo' of or dcletsate m Congress, or r~idem commissioner, ~ be ~lmitt~l to ~y mtr~ or pan of this contract, or lo any benefit arising fi'om it. However, this cl~ase does not apply to this contract to thc e~tem that flais contract is made with a corporation for tho ~_q~omtion's general benefit. 10. COVENANT AGaINST CONTINGENT FEES: The Lessor warrants that no person or agency has beea employod or ~ to ~olioit or obtidn thts I~a~e upon an agre~nent or undersla~ing for a contingem f~ exc.~pt ~ bona fid~ egnploy~: ,r ag~n~'. For breach or violation of this w~utmnty, the Govemmem ahab have tho right to m~m,I 4 Lease No. DTFASW-O6-L4)O045 Outer Marker and Aec~m Road Corpus ChriS, T~xa~ lease without liability or, in its discretion, to deduct from ltae lea~ comid~ation, or otbcrwis~ recover thc full amount of thc col~tln~a~--nt f~. I 1. QUIET ENJO~MBlql': Fhe Lesaor warrants thn* thc'), trove good and valid title to the prtn~ia~, and ~ of ingrain and egress, mxt watranta and covenants to defemd the Govcm~-n~l'$ mm and ~mjoym~nI of mid pnmfises againm third party claims. Il'after thc expiration of the lease, the Govcmment shall retain lX,Ssession of the promises, the h:ase shall continue in fon:e and effect on a month4o-month basis. Rent shall be paid in accordance with the tcrmn of the leas~, in arrears on n prorated basis, at thc rate paid riming thc lease term. This period shall cominue until the Govcrnment shall hav~ signed · new lease with the l.easor, acquircd the property in fee or vacated the leased l:n~niscs. 13. ANTI-KICKBACK: Fhc Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any pe,,'~on from (1) Providing or attempting to provide or offering to p, uvide any kicktmc~ (2) Solicitln~ ~ccepOn~ or attcmptin8 to acccpt any kickback; or (3) Including, directly or indirectly, the mnount of any kickback in the lease price charged by a Lessor to the United States or in the lcase price charged by a sul~mU'actor to a prime Contractor or higher tier sulx:onlr~ctor. 14. ASSIGNMENT OF CLAIMS: Pursuant to the Assignment of Claims Act, as mended., 31 U.S.C. 3727, 41 U.S.C., the Lessor may assign their rishts to b~ paid under this lea~e. 15. NOTIFICATION OF CHANGE OF LAND TITLE: If thc Lessor s~lls or othe~vi~ conveys to another party or particz any inter~t in tl~ afomm~ t.and, rights ofway thereto, and any areas affecting said dernis~cl proni,~ thny ~ i...ediatdy notify the Government. in writing, of any such transfer or conveym-me afl. ting tl~ d~mi~l pr~ni~ca within 30 calendar day~ a:ter completion of the "change in ~ ri~Jd~" Omcun'~ with lhc wr/tten notification, thc Lessor shall provide the Govermncnt copies of the notification, Ibc Lemor sludl provide the Gov~,-nent copies of the legnl document(s) (acceptablo to local authorities) for tnmsfiaxin8 and or conveyin~ the property rights. Le. as~ No. DTFASW-06-L-0004$ Oulcr Marker and Access Ro~ Corpus Christi, Texas t 6. SUBO~INATION. NONDISTURBANCE AND ATTORNM~.NT: I'he FAA agrees, in conaidermion ofthe warranties herein e~preaaed, that this lease ia m~jeet mad .,ub<ndinat¢ to any and all recorded deeds ofmtst, mort?~oca, and other ~aarity irmtmm~nta now or hereafter imposed upon the Fremisea, so long aa such subordination shall not i~ with an)' right of the Government under this lea~e. It is mutually agree__ that this mibo~limRion ~lmll be self-operative and that no fimfier insmmm~t shall be required t~ erst said malxmtinaliom In the evtmt of any tale of Ihe premix,, or any portion thereof, or any mw.h t,m~ffer of~, by fo~ech~u'e of the lien of any such ~curity instrument, or deed provided in lieu of fiar~clo~'~ the FAA will be deemed to have attomed to any pureh~er, aucce~or, a~d~m~, or tranxene. The succeeding owner will be deemed to have assumed all rights and obligation~ of tho Lemor umler this lease, e~ablishing direct privily of ea~te and contract between the Governmenl ~ad ~id purcllaacra/tmnafer~a, with the same forcc, eff~t and relative priority in time and right aa if thc Icaae had initially beeo entered into between such purchar, e~ or tnmaf _eree~__ and tho ~ment; provided that such transferees__ shall promptly provide, following such sale or la'~afigr, ataprogri~. documentation deemed necmaary by the Real Estate Contracting Offw~, and shall promptly .'xcculc any instrum~t, or other writings, as shall he deemed necessary to d~um~nt the change ~ n ownership. 1 'L EXAMINATION OF RECORDS: The Complx~ller General of the United Slates, the Administrator of the FAA or a duly ~uthofiz~ repreaemative of either shall, until three years ~flter final p~ymem under ~ conmlm have ~ to and the fight to examine any of the Leasor's directly pertinem books, documents, paper, or other records involving mmsaaions related to this contract. 18. I.F. ASE SUCCF..$$ION: Fhis lea~ ~ Lms~ DTFA07-94-L-01096 and all other pmdous agroements Imwee~ the rumi~s for the leased property described in this documeut. Lea~ No. DTFASW-06-I.-00045 Outer Marker ~ Acce~ Road Corpus Chri~d, Tea~ TO LESSOR: City of Corpus Ch. riati PO Box 9277 Corpus Christi, Texaa 78469 FO GOVERNMENT: IX-partment of T~tion Fedrxal Aviation Adminislrat~on Prepay and Seawice~ Bnmch, ASW-54 Fort Worth, TX 76193 IN WITNESS WHEREOF, the partie~ have ~figned fi'mir names: CITY OF CORPUS CHRISTI, TEXAS TIT! .F:_ ~ i · . THE UNITED STATES OF AMERICA DATE: BY .- ~., G~.m~l D. BATrS TI'rI.~.:_CONTRACTING OFFICER DATE: I.ea~e No. DTFASW436-L-00045 Outer Marke~ and Aec. e~ Road Corpus Chriafi, Texm CORPORATE CERTIFICATE of the Corporation n~ned in the foregoing ~gr~ment. ttmt ~e~r~v?o [<. /L,~ c~ who~ignedaaidagree~cntonlx'halfofsaidcorlxnmion, wasth~n ~ r~ [)'k~r na~sw-' thereof, that said agr~m~t was duly signed for and in b~mlf of said corporation by ~,,thofity of ;~s govermng body. and is within the scope of ira corpormc powers. Dat~.4 this ]'~' day of /~gT, ~d.~ __., in the yem ,-~ ~'-. CORPORATE SEAL i Corpus Chris '% ¢ CITY OF CORPUS CHRISTI, TEXAS. DEPARTMENT OF ENGINEERING [k PHYSICAL DEVELOPMENT. RIGI4,'F OF WAY/EASEMENT ACQtJISITIOI'I.