HomeMy WebLinkAboutC2006-061 - 2/28/2006 - Approved
Lease )\0. DTFASW-06-L-00118
DigItal Airport Surveillance Radar, (DASR-II)
Corpus Christi International Airport
Corpus Christi, Texas
LEASE
Between
THE U~ITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
and
CITY OF CORPUS CHRISTI, TEXAS
THIS 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, herein after referred to as the Government. This lease
shall become 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 administrators, successors and
assIgns.
WITNESS ETH: 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
DIGITAL AIRPORT SURVEILLANCE RADAR (DASR-ll) SITE
A 0.9183 acre tract being out of that called 470 acre tract described in a deed to the City
of Corpus Christi as recorded in Volume 780, Page 87, Deed Records, Nueces County, Texas and
also descnbed as all of Farm Block 23 of the J.c. Russell Farn1 Blocks as recorded in Volume 3,
Page 53, \1ap Records, T\.ueces County. Texas, said 0.9183 acre tract being more particularly
described bv metes and bounds as follows
BEGINNI NG at a 5/8" steel rod set for the west comer of this tract from which a 5/8" steel rod
found for.1Il interior comer in the south line of said 470 acre tract bears S-450-30'-15"-W,
2006-061
02/28/06
Ord026659
F\A
Lease DTFASW-06-L-00118
Digital Airport Surveillance Radar, (DASR-Il)
Corpus Christi International Airport
Corpus Christi, Texas
419.44'. said comer having coordinates ofN 17167701.15, E 1305302.35, Tx SPC, South Zone,
'lAD 8~:
THENCE. N-31 0-29'-15" E, a distance of' 200.00' to a 5/8" steel rod set for the north comer of
th] s tract:
THENCE. S-580-30'-45"-E, a distance of 200.00' to a 5/8" steel rod set for the east comer of
this tract
THENCE. S-31 0-29'-] 5"- W, a distance of 200.00' to a 5/8" steel rod set for the south comer of
this tract;
THENCE. N-58"-30'-45". W, a distance of200.00' to the POINT OF BEGINNING and
containing 0.9183 acres of land Said tract is more particularly described and/or shown on
Exhibit "A:' attached hereto and made a part hereof
THIRTY (30') FOOT WIDE FIBER OPTIC EASEMENT
Ai. 31 ] 7 acre tract bei ng out 0 f that called 470 acre tract described in a deed to the City
of Corpus Christi as recorded in Volume 780, Page 87, Deed Records, Nueces County, Texas and
also descnbed as all of Farm Block 23 of the J.C Russell Farm B]ocks as recorded in Volume 3,
Page 5~, Vlap Records, Nueces County. Texas, said 1.3117 acre tract being more particularly
described bv metes and bounds as follows:
COMMENCING at a 5/8" steel rod set for the west comer of the proposed radar site from
which a 5 8" steel rod found for an interior comer in the south line of said 470 acre tract bears S-
450-30'-15"-W, 41944', said comer having coordinates ofN 17167701.15, E 1305302.35, Tx
SPC, South Zone. NAD 8~. thence S-58()-40'-45"-E, 75.05' to the north comer and POINT OF
BEGINNING of this tract
THENCE. S-58"-30' -45". E, along the southwest line of said proposed radar site, a distance of
38.93' to a 5/8" steel rod set for the northeast comer of this tract;
THENCE S-710-04'-40"-W, a distance of172.69' to a 5/8" steel rod set for an interior comer in
the east line of this tract;
THENCE. S-43c-49'-5]"E, a distance of444.12' to a 5/8" steel rod set for a bend point in the
northeast line of this easement;
")
Lease DTFASW-06-L-00118
DigItal Airport Surveillance Radar, (DASR-ll)
Corpus Christi International Airport
Corpus Christi, Texas
THENCE, S-44'-36'-59"-E, a distance of 1254.15' to a point at the existing Air Traffic Control
rower for the southeast comer of this tract:
THENCE. S-45 -23'-IIJ" W, along the edge of said Air Traffic Control Tower, a distance of
30.00' to a point for the south comer 0 f this tract:
THENCE. N-44"-36'-59" W, a distance of 1254.36' to a 5/8" steel rod set for a bend point in
the southwest line of this tract:
THENCE, N-43 '-49' -51" W, a distance of 491.13' to a 5/8" steel rod set for the west comer of
this tract;
THENCE. N-7J 0-04 '-40"-E, a distance of 194.89' to the POINT OF BEGINNING and
containing 1.3117 acres of land. Said tract is more particularly described and/or shown on
Exhibit.'A" attached hereto and made a part hereof
TEMPORARY CONSTRUCTION EASEMENT
A. II. 1722 acre tract being out of that called 470 acre tract described in a deed to the City
of Corpus Christi as recorded in Volume 780, Page 87, Deed Records, Nueces County, Texas and
also described as all of Farm Block 23 of the J.C. Russell Farm Blocks as recorded in Volume 3,
Page 53, Map Records, N ueces County, Texas, said 0.1722 acre tract being more particularly
described bv metes and bounds as follows:
BEGINNING at a 5 8" steel rod set for the west comer of the proposed radar site and the south
comer of lhls tract from which a 5/8" steel rod found for an interior comer in the south line of
said 470 acre tract bears S-450-30'.15"- W, 419.44', said comer having coordinates of N
1716770115, E 1305302.35, Tx SPC. South Zone, N/\D 83:
THENCE '\!-580-30' -45". W, a distance of 75.00' to a 5/8" steel rod set for the west comer of
this tract:
THENCE. '\J-3 10-29' -15"- E, a distance of 100.00' to a 5/8" steel rod set for the north comer of
thIS tract:
THENCE. S-580-30'-45"-E, a distance of 75.00' to a 5/8" steel rod set in the northwest line of
said proposed radar site for the east comer of this tract:
3
Lease DTFASW-06-L-00118
DigItal Airport Surveillance Radar, (DASR-ll)
Corpus Christi International Airport
Corpus Christi, Texas
THENCE. S-31"-29'-15"-W, along the northwest line of said proposed radar site, a distance of
tOO.OO' to the POINT OF BEGINNING and containmg 0.1722 acres ofland. Said tract is
more particularly described and or shown on Exhibit "A:' attached hereto and made a part
h ereo f.
THIRTY (30') FOOT WIDE ACCESS EASEMENT
A. I ;.1152 acre tract being out of that called 470 acre tract described in a deed to the City
of Corpus Christi as recorded in Volume 780, Page 87, Deed Records, Nueces County, Texas and
also described as all of Farm Block 23 of the J.e. Russell Farm Blocks as recorded in Volume 3,
Page 53. Map Records, Nueces County, Texas, said 0.1152 acre tract being more particularly
described hv metes and bounds as follows:
COMMENCING at a 51;";" steel rod set for the west comer of the proposed radar site from
which a 518" steel rod found for an interior comer in the south line of said 470 acre tract bears S-
.+50-30'1::;"-W, 419.44', said comer having coordinates ofN 17167701.15, E 1305302.35, Tx
SPC, South Zone, NAD 8~', thence S-58(-40' -45"-E, 16.76' to the north comer and POINT OF
BEGINNING of this tract
THENCE. S-580-30'-45"-E, along the southwest line of said proposed radar site, a distance of
30.77' to a 5/8" steel rod set for the cast comer of this tract;
THENCE. S-440-19'-41"-W, a distance 01'173.47' to a 5/8" steel rod set in the northeast edge of
an Airport perimeter road (private) for the south comer of this tract, said point being the non-
tangent pomt of CUf\ature for a curve to the left from which the radius bears S-640-35'-58"-W,
';9.06' and having a central angle 01'29'<:;4'-00" and a tangent of] 5.59';
THENCE. along said cune and edge of road, an arc length of 30.47' to a 5/8" steel rod set for
the west comer of this tract,
THENCE. N-44"-19'-41"-E, a distance ofI63.75' to the POINT OF BEGINNING and
containing 0.1152 acres of land. Said tract is more particularly described and/or shown on
Exhibit "A" attached hereto and made a part hereof.
THIRTY (30') FOOT WIDE UTILITY EASEMENT
A I) 33] 3 acre tracl out of that called 470 acre tract described in a deed to the City of
Corpus Christi as recorded in Volume 780, Page 87, Deed Records, Nueces County, Texas and
also described as all of Farm Block 23 of the 1.c. Russell Farm Blocks as recorded in Volume 3,
Page 53, Map Records, Nueces County, Texas, said 0.3313 acre tract being more particularly
described hy metes and bounds as fol1o\',s:
4
Lease DTF AS W -06-L-OO 118
DigItal Airport Surveillance Radar, (DASR-ll)
Corpus Christi International Airport
Corpus Christi, Texas
BEGINNI NG at a 58" steel rod set for the west comer of the proposed radar site and an interior
comer m the northeast end of this tract from which a 5/8" steel rod found for an interior comer in
the south Ime of said 470 acre tract bears S-45'-30'-15"-W, 419.44', said comer having
coordinates of N 17] 6770) 15. F ]~05302 35, T x SPC, South Zone, NAD 83;
THENCE. S-580-30'-45"-E, along the southwest line of said proposed radar site, a distance of
16.76' to a 5/8" steel rod set for the east comer of this tract;
THENCE. S-570.58"-46"-W, a distance of473.63' to a 5/8" steel rod set for the northeast comer
of a 25 continuation of thiS easement described by separate instrument and for the south comer
of this tract.
THENCE. '\J-520-2 1'-30". W, a distance of 31.99' to a 5/8" steel rod set for the northwest comer
of said 25' easement and the west comer of this tracC
THENCE. '\J-57'-58'-46".E, a distance of 507.37' to a 5/8" steel rod set in the northwest line of
said proposed radar site for the north comer of this tract;
THENCE. S-31 0-29'_ 15"- W, along the northwest line of said proposed radar site, a distance of
33.63' to the POINT OF BEGINNING and containing 0.3313 acres ofland. Said tract is more
particularlv described and/or shown on Exhibit "A," attached hereto and made a part hereof.
TWENT) -FIVE (25') FOOT WIDE UTILITY EASEMENT
A ! ]31 square fOOl tract for a 25' wide utilIty easement attached to a 30' wide utility
described by separate instrument being out of that called 470 acre tract described in a deed to the
City of Corpus Christi as recorded in Volume 780, Page 87, Deed Records, Nueces County,
fexas and also descnbed as all of Farm Block 23 of the J.c. Russell Farm Blocks as recorded in
Volume 3. Page 53. \!tap Records, Nueces County, Texas, said 113] square foot tract being more
particularl, descnbed bv metes and bounds as follows
BEGINNING at a 5/8" steel rod set in a south line of said 470 acre tract and the north line of a
tract of land described in a deed to Jerrall Vance Gabriel, et al as recorded in Volume 2115, Page
973, Deed Records. Nueces County, Texas and being out of Tract lO of the Margaret Kelly
Subdivision as recorded in Volume 8, Page 40, Map Records, Nueces County, Texas from which
,15/8" steel rod found for an interior comer of said 470 acre tract bears N-890-12'-50'-E, 87.49',
said comer having coordinates ofN 17 I 67701.15, E 1305302.35, Tx SPC, South Zone, NAD 83;
THENCE. S-890 - 12' -51 )"- W, along saId comm011 line, a distance of 25.00' to a 5/8" steel rod set
for the southwest comer of this tract;
5
l.ease DTFASW-06-L-00118
Digital A.irport Surveillance Radar, (DASR-II)
Corpus Christi International Airport
Corpus Christi, Texas
THENCE. N-00o-58'-IT'.W, a distance 01'55.18' to a 5;8" steel rod set for the west comer ofa
~()' wide uti lity easement described by separate instrument and the northwest comer of this tract;
THENCE. S-52"-21 '-:'IO"-E, a distance of 31.99' to a 5/8" steel rod set for the south comer of
said 30' easement and the northeast corner of this tract;
THENCE. S-00c-58'-I7"-E, a distance 01'35.30' to the POINT OF BEGINNING and
containing 1131 square feet of land. Said tract is more particularly described and/or shown on
Exhibit "A." attached hereto and made a part hereof.
<\. 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
adjoming lands of the Lessor, and unless herein described otherwise, to be by routes reasonably
determll1ed to be the most convenient to the Government.
B. And the right of grading, conditioning, and installmg drainage facilities, and seeding the soil
of the 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. TERM
To have and to hold, for the tenn commencing on February 1,2006, and continuing through
September 30, 2025, inclusive.
1 CANCELLATION:
The Govemment may term mate this lease, in whole or in part, if the Real Estate Contracting
Officer (RECO) detern,ines that a ternlination is in the best interest of the Government. The
REeO shall terminate by delivering to the Lessor a written notice specifying the effective date of
the temlination. The termination notice shall be delivered by registered mail, return receipt
requested and mailed at least thirty (30) days before the effective termination date.
6
Leasc DTFASW-06-L-001l8
Digltal Airport Surveillance Radar, (DASR-ll)
Corpus Christi International Airport
Corpus Christi, Texas
4. CONSJDERA TION
The Government shall pay the Lessor no monetary consideration in the form of rental, it being
mutually agreed that the rights extended to the Government herein are in consideration of the
obligatIOns assumed by the Government in its establishment, operation, and maintenance of the
facilities upon the premises hereby leased.
5. NON-RESTORATION
It IS hereby agreed bet\\;een the parties, that upon termination of its occupancy, the Government
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 Government 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.
(l. INTERFERENCE WITH GOVERNMENT OPERATIONS:
rhe Lessor agrees not to erect or allo\\; 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 Government in writing.
7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES:
The Lessor agrees that any relocation, replacement, or modi fication of any existing or future
Government facilities covered by this lease during its term or any renewal thereof made
necessary by airport lmprovements 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 110t attributable to either the Lessor or the Government, funding
responsibility shall be determined by the Government
8 HAZARDOUS SUBSTANCE CONTAMINATION:
The Government agrees to remediate, at its sole cost, all hazardous substance contamination on
the leased premises that is found to have occurred as a direct result of the installation, operation,
and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole
cost any and all other hazardous substance contamination found on the leased premises. The
Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities
'7
Lease DTF AS W -06- L-00118
Digital Airport Surveillance Radar, (DASR-ll)
('orpus Christi International Airport
Corpus Christi, Texas
and/or claims by thIrd partIes that arise out of hazardous contamination found on the leased
premises not directly attributable to the installation, operation and/or maintenance of the
Government's facilities
9, COJ".JTlNUOCSCLEARING~El_E~SED FACILITY SITES/CRITICAL AREAS:
The Lessor agrees to keep the areas around the Government's navigational aids mowed at all
times to a height that weeds and vegetation will not be an obstruction to such operation or
maintenance of these facilitIes.
1 O. QllIF[ENJOYMEN1.
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
11, OFFICIALS NOT TO BENEFIT:
'\10 member of or delegate to Congress, or resident commissioner, shall be admitted to any share
or part of this contract. or to an:y 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.
12. 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 this lease without liability or, in its discretion, to deduct from the lease
consideratIon, or otherwise recover the full amount of the contingent fee.
13, ANTI-KICKBACK:
The Anti-Kickback Act of 198h (41 USe. 51-58) (the Act), prohibits any person from (1)
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 contract pnce charged by a prime contractor to the United States or in the
contract price charged by a subcontractor to a prime contractor or higher tier subcontractor.
8
Lease DTFASW-06-L-OOl18
Digital Airport Surveillance Radar, (DASR-l1)
Corpus Christi International Airport
Corpus Christi, Texas
14. CONTRACT DISPUTES:
A..ll contract disputes ansing under or related to this contract shall be resolved under this clause,
and through the Federal A\ iation Administration (FAA) Office of Dispute Resolution for
'\cquisltiol1 (ODRA). Said disputes shall be governed 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 Il1 clccordance with 49 L .S.C. 46110 and shall apply only to final agency decisions. The
decision 0" the FAA shall he 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
.<\ contract dispute shall be made in writing and signed by a Lessor or duly authorized
representative of the Lessor and submitted to the Real Estate Contracting Officer, 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 Real Estate Contracting Officer's decision concerning the
contract dIspute shall be blllding on the parties unless the Lessor appeals the matter to the FAA
ODRA The Real Estate ( ontracting Officer, upon request, will provide information relating to
submittmg a dispute.
15. SUBORDINA T]O~'\JONDISTURBANCE 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 under 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 wi 11 be deemed to have atlomed to any purchaser, successor, assigns, or transferee. The
succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under
this lease, establishing direct pnvity 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 illitially 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
t:xecute any instrument. or other writings. as shall be deemed necessary to document the change
in ownership.
9
Lease DTFASW-06-L-OOll8
Digital Airport Surveillance Radar, (DASR-ll)
Curpus Christi International Airport
Corpus Christi, Texas
] 6. NOTIFICA nON OF CHANGE OF LAND TITLE:
[fthe 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 LessOl shall provide the Government copies of the legal document(s) (acceptable to local
authorities) for transferring and or conveying the property rights.
17. EXAMINA nON OF RECORDS:
rhe Comptroller General of the United States, the Administrator of the FAA, or a duly
authorized representative fi'om either shall, until 3 years after final payment under this contract
have access to and the right to examine any of the Lessor's directly pertinent books, documents,
paper, or other records lIlvnlving transactions related to this contract.
18. NOTICES:
All notices/correspondence shall be in writing, reference the lease number, and be addressed as
follows
TO LESSOR: rhc City of Corpus Christi
P.O Box 9277
Corpus Christi, Texas 78469
TO GOVERNME)JT: Department of Transportation
Federal Aviation Administration
Property and Services Branch. ASW-54
Fort Worth. Texas 76193
[0
Lease DTFASW-06-L-OOl18
Digital Airport Surveillance Radar, (DASR-ll)
Corpus Christi International Airport
Corpus Christi, Texas
IN WITNESS WHEREOF the parties hereto have signed their names.
CITY OF CORPUS CHRISTI, TEXAS
BY: _~~}/ ) L
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TITLE
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THE UNITED ST A TES OF AMERICA
BY:
, ..
GLEN D. BATTS
TITLE: ~ONTRACTING OFFICER
ApproY8d 81 ~ form: ~ -li!/ r-
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DATE:
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SECmA'~-n{~
DATE:
1 I
Lease DTF AS W -06- L-OO 118
Digltal Airport Surveillance Radar, (DASR-11)
Corpus Christi International Airport
Corpus Christi, Texas
CORPORATE CERTIFICATE
I Arfl"
,
. cel1ify that I am the
, .' 1-?~_ i
of the Corporation named 1n the foregoing agreement that__~_ ...
who signed said agreement on behalf of said corporation, was then
\ A' -
( ,..-_~ . i' .m'"'" '1" ,
'.~ " (
thereof. that said agreement was du Iy signed for and in behalf of said corporation
by authority of its governing body, and is within the scope of its corporate powers.
fJ h
Dated this " . davof .,t\ [ , 2006.
.~---_.- J ~. ...-----t-------------------------- --------------- -------
Signed by ~
~
-
CORPORA TE SEAL
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