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HomeMy WebLinkAboutResolution - 569 - Lease Agreement - DOT & FAA - Outer Marker Site, Runway 26 LIA - 07/24/1980.._ Jnr lw:bs RT?4ZnT TTTT()N RESOLUTION 4569 - 7/24/80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a lease agreement designated No. DTFA07-80-L-01101 with the United States of America acting by and through the Department of Transportation and the Federal Aviation Administra- tion for a tract of land for an Outer Marker Site, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of July 1980. r BILff­McAISTER, MAYOR ATTEST: W -Evelyn Gaf gs--City S r r -Treasurer ". APPROVED AS TO CONTENT: Ma in Coffee,_"Pr ector of Aviation APPROVED AS TO FORM: M. Tom, Asst. City Attorney DEPARTMENT'OF `TRANSPORTATION FEDERAL AVIATION ADMINISTRATION FEB 0 6 1980 Mr. Marvin W. Coffee Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 Dear Mr. Coffee: SOUTHWEST REGION � AV/,r' P. O. BOX 1689 p p FORT WORTH, TEXAS 76101 '� Z 'o��NISTR��O Re: Lease No. DTFA07-80-L-01101 Outer Marker Site, Runway 26 Lubbock International Airport Lubbock, Texas This agency has an approved project to construct the referenced outer marker to serve Runway 26 on Lubbock International Airport. This is the site you agreed to acquire in your letter written to Mr. Bill Howard dated January 22, 1980. In the enclosed lease, we incorporated need a site 120 by 120 feet within this all-weather road. The site must be at power lines. After the City of Lubbock forward a legal description and we will the metes and bounds description. a sketch of the search area. We search area with access to an least 100 feet from any overhead has acquired the site, please supplement the lease to incorporate If this lease meets with your approval, please date it, execute all copies, have the appropriate official, other than the one signing the lease, complete the Corporate'Certificate,, and return the original and two copies to the above address to the attention of the Real Estate Branch. The remaining copy is for your records. With reference to Article 12 of the lease concerning the rights obtained from others, it is requested that a copy of the document(s) granting these rights be attached and transmitted to us with the executed lease. Your early attention in acquiring this site will be greatly appreciated. Sincerely, EFFIE M. BING Contracting Officer, ASW -56A.2 Enclosure RESOLUTION #569 - 7/24/80 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 LEASE between CITY OF LUBBOCK, TEXAS and THE UNITED STATES of AMERICA This LEASE, made and entered into this day of in the year one thousand nine hundred and eighty (1980) by and between CITY OF LUBBOCK, TEXAS Lubbock International Airport whose address is Route 3, Box 389 Lubbock, Texas 79401 Lease No.: DTFA07-80-L-01101 Outer Marker Site, RW26 Lubbock Intl. Airport Lubbock, Texas for itself, itssuccessors, and assigns, hereinafter called the Lessor and the UNITED STATES of AMERICA hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning April 15, 1980 and ending September 30, 19 80 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: An 0.412 acre tract of land out of Section 65, Block A, Lubbock County, Texas, and being more particularly described as follows: Beginning at a 3/8 -inch iron rod set in the West R.O.W. line of the Fort Worth and Denver Railroad for the Northeast and beginning corner of this tract, whence a found railroad spike the Northeast corner of Section 65, Block A, bears North, 973.92 feet and East, 2364.17 feet; Thence N89°56'05"W at 44.62 feet pass a 3/8 -inch iron rod, continuing for a total distance of 179.42 feet to a 3/8 -inch iron rod set for the Northwest corner of this tract; Thence South at 60.00 feet pass the centerline of the East-West runway of Lubbock International Airport Extended East, continuing for a total distance of 120.00 feet to a 3/8 -inch iron rod, set for the Southwest corner of this tract; Thence S89°56'05"E, 120.00 feet to a 3/8 -inch iron rod, set in the West R.O.W. line of the Fort Worth and Denver Railroad, for the Southeast corner of this tract; Thence N26°21'00"E along the West R.O.W. line of the Fort. Worth and Denver Railroad, at 66.9 feet pass a 3/8 -inch iron rod the centerline of the East-West Runway of the Lubbock International Airport Extended East, continuing for a total distance of 133.8 feet to the place of. beginning. FAA FORM 4423-2 Pg. 1 (8-76) Supersedes Previous Edition Lease No.: DTFA07-80-L-01101 Outer.Marker Site - RW 26 Lubbck, Texas a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing 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 air navigation and telecommunications 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, and may be removed upon the date of expi- ration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30 day of SeptemberAA200Q %,djk( / fj b/ *t1� 3. The Government shall pay the Lessor r��Iya�'�q�%/Ej(��y� r / ( A f 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 obligation assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. AWN 4. The Government may terminate this lease, in whole or in part, at any time by giving at least t h i rty ( 30 ) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. this lease. If the Lessor by written notice at least requests restoration of the premises, the Govern days bef piration or termination or termination or n all within ninety (90) days after such expiration I conal time as may be mutually agreed upon, either (1) restore the premises to I _FAA FORM 4423-2 pg. 2 (8-76) Supersedes Previous Edition ordinary wear and tear, damage b control, excepted) or g y nature elements and by circumstances over premises th (2) make an equitable ad'ust Lease No.: DTFA07-80-L-01101 Outer Marker Site - RW 26 Lubbock, Texas or a dirmnution of the value of the premi meat in the lease a nment has no settlement be made hereunder t ored, whichever is less. Should cost of a mutually accch restorationeptable t the Failure to a enter into a supplemental agreement hereto effectingy acceptable u equitable adjustment shall be a dispute concerning a question of fact within the meaning Lease which is not disposed of b �d� decision to writing and mail or lneement shb Officer shall be final and conclusive otherwise furnish a Co y the Contracting Officer who shallr unless withindays thereof to the Lessor. The decisio or otherwise furnishes to the Contractin 30 days from the date of recei a Contracting Transportation. The decision of the actingSecretOfficer or hisad duly written appeal a copy' the Lessor mails appeals shall be final and conclusive unless deter to the Secretary' impartment of representative for the determination of such or capricious, or arbitrary; or so grossl a court of competent jurisdiction to have been fraudulent, evidence. In connection neous as necessarily to imply bad faith, i not Supported to be heard and appeal Proceeding under this clause, the Lessor shall be afforded an o er evidence in su by substantial shall diligently with the Pport of its appeal. Pending final decision of a dispute hereunder, opportunity performance of the Lease and � accordance P � the Lessor with the Contracting Officer's No Member oCongress or Resident Commissioner shall be admitted to an or to any benefit b arisee therefrom. Y share or part of this lease be 8. The Lessor warrants that no person or selling lease upon an agreement or understanding for a co agency has been employed or retained to solicit or secure this fide employees or bona fide established commercial or selling agencies maerce mrr sell n, brokerage, percentage or contingent fee, except bona securing business. For breach or violation of lease without liability, or in its discretion to deduct from med by the Lessor for the purpose of tion, the full amount of such co warranty, the Government shall have the right to annul this amounts otherwise due under this lease or other considera- mmission, brokerage, percentage, or contingent fee. 9. All notices sent to the parties under the lease shall be addressed as follows: City of Lubbock, Texas To the Lessor: Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 To the Government: Department of Transportation , p , Federal Aviation Administration, Southwest Region. 0. Box 1689, Fort Worth, Texas 76101 Real Estate Branch, ASW -56 FAA FORM 4423-2 Pg. 3 (8-76) Supersedes Previous Edition I cease No.: DTFA07-80-L-011 Ol Outer Marker Site - RW 26 Lubbock, Texas 10. This lease is subject to the addition provisions set forth below, or attached hereto and incorporated herein. These additional provisions are identified as follows: Articles 11, 12, 13, 14, and 15 follow the signatory page. IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage, dated , recorded in liber pages against the above-described premises, the undersigned hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. (Mortgagee) CITY OF LUBBOCK, TEXAS _ --- Bill McAlister, Mayor --------- __ (Lessor) (Lessor) (Lessor) (Lessor) THE UN17-8D STATES of AMER1ck Approved as to form: By *EF?E M, BING no..s., Jr., City Hltairrey Title --- EIItTt1"t9C it l ng --O PEKE'r---------------------------- FAA FORM 4423-2 Pg. 4 (8-76) Supersedes Previous Edition i Lease No. DTFA07-80-L-01101 Outer Marker Site - RW 26 Lubbock, Texas 11. FUNDING RESPONSIBILITY CLASS I - II FACILITIES The airport owner agrees that any relocation, replacement, or. modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered by this contract during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the tech. nical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Visual Landing Aids Direction Finding Equipment VOR, TVOR, & VORTAC (Instrument Approach) Weather Observing & Measuring Equip. (Owned & operated by FAA) Central Standby Power Plant CLASS II FACILITIES Long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Centers Flight Service Station Remote Control Air -Ground Remote Communications Outlet .Communication Facility Limited Remote Communications Outlet Other en route facilities 11 Lease No. DTFA07-80-L-01101 Outer Marker Site - RW 26 Lubbock, Texas 12. RIGHTS FROM OTHERS: The Lessor will acquire the rights from others required for this facility and copies of said acquisition document(s) will be attached to this instrument as a part thereof upon execution for the City of Lubbock, 13. NON -RESTORATION: It is hereby agreed between the parties that upon the 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 other than to orderly remove its equipment therefrom. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon the property. Notice of abandonment will be conveyed to the Lessor in writing. 14. OCCUPANCY OF LAND BEYOND THIS LEASE TERM: The Government shall have the option to renew this lease, wholly or in part, for an equivalent term upon expiration of the initial lease, 15. ADDITIONS AND DELETIONS: In the preamble the words "heirs, executors, administrators" are deleted, In Article 2, the portion beginning "AND PROVIDED FURTHER," and ending "payment of rentals" is deleted. In Article 3, the portions, "rental for the premises in the amount of," "for the term set forth in Article 1 above, and," and "per for each annual renewal exercised by the Government hereafter, Payments shalom be made at the end of each. with6Ut the submission of invoices or vouchers." are deleted. Articles 51 6 a , and 6(b) are deleted. Articles 11,12, 13, 14, and 15 were added hereto and made a part hereof prior to the signature of either party to this lease. NFIEIt[O,I�A�I. • •. N N N —� iAK-8...�._L.__._....._..• _ _"__.___y. ,.._ epi ._ _ _._._. ,• �., 0 w • w .10 w E It Y 4# w' Zs W W • ti e Y o e d Y y r 7 in ti I INSTRUMENT LANDING SYSTEM • _-� OUTER MARKER LOCATION w RUNWAY 26 ti •• \ LUBBOCK MUNICIPAL AIRPORT- \\ LUBBOCK, TEXAS e j lC n P ti � Scale: 111 2,000' 1/24/80 a \\�71 x � w x G 71 u \ I , �t i1 ' a� •iii �• • n�ai •• 1 � � OI . e Lease No. DTFA07-80-L-01101 Outer Marker Site - RW 26. Lubbock, Texas CORPORATE CERTIFICATE I� EVELYN GAFFGA certify that -I am the Secretary -Treasurer nbnaSWof the City of in the foregoing agreement; that Bill McAlister who signed said agreement on behalf of the pion was then Mayor of said iUPy a P7"';that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 24th. day of July 19 80 . SEAL By: EVELYN G FGA City Secretary-Treasu