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HomeMy WebLinkAboutC2008-499 - 10/21/2008 - ApprovedSTANDARD FORM 2 FEBRUARY 1965 EDITION /GENERAL SERVICES ADMINISTRATION FPR (41 CFR) I-16.601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE No. October Ol, 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 Seatember 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 teens 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 terninate 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. 2008-499 Ord. 027905 1 HSCG82-08-L-8N3067 10/21/08 ON U.S. Coast Guard 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 pazagraph 4, provided that adequate appropriations aze 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 anine-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 M¢r officel 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 Govermnent, 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 ]ease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 17. INSURANCE: The Government is aself-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 Govermment 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 S W 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 maybe 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 maybe 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. 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 15'h 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 15`h 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 maybe found at http://www,gsa.¢ov/leasineform. 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 -• v ig nature) An ~ R~ ~sc66a~- IN PRESENCE OF: ~,~ ~i~uru Ct~t ~haa~ (Official title) (Signature) ff~ v1~i~tdo UNITED STATES OF B ~~ Signature) a~w~~i i D'v~ Ve(ottlca Ocanas q~ietartt City Attorney FpGty Attorney Anna Perez-Giuliani, Realty Specialist. (Official title) AUTHORIZfa aT COUNCIL STANDARD FORM 2 FEBRUARY 1965 EDITION HSCG82-08-L-8N3067