HomeMy WebLinkAboutC2015-079 - 5/19/2015 - Approved Amendment No. 1 to the
US Government Lease for Real Property
for the US Coast Guard Aid to Navigation Marker ACLL 7817
This Amendment No. 1 to that certain US GOVERNMENT LEASE FOR REAL
PROPERTY between the City of Corpus Christi, whose address is 1201 Leopard
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, and
hereinafter called the Government or Lessee, authorized by Ordinance No. 027905
on October 21, 2008 (Lease) is made and entered into this date by the parties.
Whereas, the US Coast Guard requested, and the City of Corpus Christi granted, a
long term lease to install a navigation marker or Aid to Navigation (ATON) to be
located near the City barge docks on the south shore of the ship channel, mounted
on the east wall of the South Texas Institute for the Arts Building;
Whereas, the navigation marker or ATON, known as "Corpus Christi Channel Cut
"B" West Front Light (ACLL 7817), is needed for navigation purposes of ships
approaching the ship channel;
Whereas, the Lease began on January 1, 2009 and will end on September 30, 2028;
Whereas, the US Coast Guard requests, and the parties agree, to amend Section 4
of the Lease to allow the United States and the City to terminate the lease without
cause upon 30 days' notice;
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and for the benefit of the public, the parties agree as follows:
Section 1. Section 4 of the Lease is amended as shown below.
4.. N�,OOTICE: The Government may terminate this lease, for cause, at any time by
the date of receipt of termination notice. The Lessor may terminate this lease at any
4. NOTICE: Either Lessor or Lessee may terminate this lease without cause at any
time by giving the other party thirty (30) days notice in writing. No rental shall accrue
after the effective date of termination. Said notice shall be computed commencing from
the date of receipt of termination notice. Notice commencing from the date of receipt of
notice.
The leasing authority for this lease will be the delegated authority 14 USC 672.
Section 2. The amended Lease is restated to read as follows:
2015-079
5/19/15 >d States Coast Guard for Aid to Navigation 1 of 6 pages
Ord.030508 Corpus Christi Channel Cut"B"West Front Light(ACLL 781 7)
US Coast Guard INDEXED
STANDARD FORM 2
FEBRUARY 1965
EDITION/GENERAL
SERVICES
ADMINISTRATION
FPR(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: As shown 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: Either Lessor or Lessee may terminate this lease without cause at any time by giving
the other party thirty(30)days notice in writing. No rental shall accrue after the effective date of
termination. Said notice shall be computed commencing from the date of receipt of termination
notice. Notice commencing from the date of receipt of notice.
The leasing authority for this lease will be the delegated authority 14 USC 672.
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
Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 2 of 6 pages
Lease No.HSCG82-08-L-8N3067 Corpus Christi Channel Cut"B"West Front Light(ACLL 781 7)
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.
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.
Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 3 of 6 pages
Lease No.HSCG82-08-L-8N3067 Corpus Christi Channel Cut"B"West Front Light(ACLL 781 7)
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.
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.
Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 4 of 6 pages
Lease No.HSCG82-08-L-8N3067 Corpus Christi Channel Cut"B"West Front Light(ACLL 781 7)
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.
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 15t 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.
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.
Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 5 of 6 pages
Lease No.HSCG82-08-L-8N3067 Corpus Christi Channel Cut"B"West Front Light(ACLL 781 7)
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Section 3. Except for the revisions to Section 4, all other terms in the Lease remain
the same.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names
as of the date first above written.
OWNER/LESSOR: CITY • - ` OR S C:; i
EN � IIm
BY (
VT rie H. G . , !.E
Executive Director • Public orks
IN PRESENCE OF:
Po , 1201 Leopard St., Corpus Christi, TX 78401
(Signature) (Address)
GOVERNMENT/LESSEE: UNITED STATES OF AMERICA
0,...----'--- ) DEPARTMENT OF HOMELAND SECURITY
GUARD
P
BY: Paul R Hewitt, Realty Specialist.
(Signature) (Official title)
, ......�..........AU I hUnii...
iii cant -1-)--)M (S_
BEciteuRv Iiii.,,
ATTEST: T kI'X At'.4. N—L.•12.Aik,
REBECCA HUERTA
CITY SECRETARY
Amendment No.1 to Lease to United States Coast Guard for Aid to Navigation 8 of 8 pages
Lease No.HSCG82.08-L-8N3067 Corpus Christi Channel Cut'8'West Front Light(ACLL 781 7)
SUPPLEMENTAL AGREEMENT DATE
GENERAL SERVICES ADMINISTRATION NO. of 1/20/15
PUBLIC BUILDING SERVICE TO LEASE NO.
SUPPLEMENTAL LEASE AGREEMENT
HSCG82-08-L-8N3067
ADDRESS OF PREMISES
A show on excerpt copy of US CG and Geographical Survey Chart No. 523, marked Exhibit A
dated 1962 incorporated and reference
THIS AGREEMENT,made and entered into this date by and between
City of Corpus Christi
whose address is
1201 Leopead Street, Corpus Christi, TX 78469-9277
hereinafter called the Lessor,and the UNITED STATES OF AMERICA,hereinafter called the Government
WHEREAS, the parties hereto desire to amend the above Lease.
NOW THEREFORE,these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended,
effective January 20, 2 015 as follows:
In conforming with the current guidelines, the following revision shall be made to
Lease# HSCG82-08-L-8N3067,At the option of the Government this lease will be renewed
annually through September 30,2028. The Government option shall deemed exercised and
lease renewed each year provided, notice is given in writing to lessor at least thirty
(30) days before the end of each Fiscal Year.
Paragraph four (4) of this lease will be amended to read: NOTICE: Either Lessor or
Lessee may terminate this lease without cause at any time by giving the other party
thirty (30) days' notice in writing. No rental shall accrue after the effective date of
termination. Said notice shall be computed commencing from the date of receipt of
termination notice. Notice commencing from the date of receipt of notice.
The leasing authority for this lease will be the delegated authority 14 USC 672
All other terms and conditions of the lease shall remain in force and effect.
IN WITNES WHEREOF,the arti> s cribed their names as of the above date.
LESSOR Valerie H. Gray, P,L,
BY jj
(,v Executive Director of Publle Works
Ignatu -) (Title)
IN PRESENI '44Ippr, , . / J LI/ 126 I L-ev empSei7,# 71
I
(Signatu • (Address'UNITED STA -< OF AMERI A `
BY Paul R. Hewitt Realty Specialist
(Signature) (Official Use)
FORM
GSA JUL 87 276