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HomeMy WebLinkAboutResolution - 2022-R0356 - License for Real Property No. 22EKW0032X with USA and AirportResolution No. 2022-RO356 Item No. 6.16 August 23, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock, or his designee, is hereby authorized a directed to execute for and on behalf of the City of Lubbock, a U.S. Government License Real Property, No. 22EKW0032X, by and between the City of Lubbock and the United States America in connection with certain real property located at the Lubbock Preston Sm International Airport, and related documents. Said License for Real Property is attached hers and incorporated in this resolution as if fully set forth herein and shall be included in the minu of the City Council. Passed by the City Council on August 23, 2022 ATTEST: Reb ca Garza, City Secret APPROVED AS TO CONTENT: Kelly Campbell, Director of Aviation First Assistant City Attorney ccdocs/RES.U.S. License for Real Property July 20, 2022 Resolution No. 2022-RO356 U.S. GOVERNMENT LICENSE FOR REAL PROPERTY DATE OF LICENSE: LICENSE NO: 22EKWO032X This License is made and entered into between: The City of Lubbock whose address is: Lubbock International Airport, Route 3, Box 389, Lubbock, TX 79401 hereinafter called the "Licensor", and the United States of America, hereinafter called the "Government". Witnesseth: The parties hereto, for the mutual undertakings of the parties and consideration hereinafter mentioned, covenant and agree as follows: 1. Premises. Licensor owns or controls improved land located at Lubbock Preston Smith International Airport near 5601 N. Walnut Avenue near the intersection with E. Football (the "Property"). Licensor licenses to the Government and the Government licenses from the Licensor a portion of the Property consisting of approximately 0.321 acres of improved land (the "Premises"). The approximate geographic coordinates of the Premises are Latitude 33.654129, Longitude - 101.814158. Exhibit A further describe the Property and Premises. 2. Term. This License begins on January 1, 2023 and ends on December 31, 2043, subject to the termination and other rights as may be hereinafter set forth. The parties may agree to enter into a succeeding ground license after this License ends, with the Government's property (e.g., improvements, equipment) remaining the property of the Government. 3. Rent and Transfer of Funds. The Government shall pay the Licensor no monetary consideration in the form of rent. Nothing in this License shall constitute an obligation of the Government to transfer its funds to the Licensor or others. 4. Termination. This License is revocable at will by either party. Should this License be revoked prior to the agreed upon expiration date, then, the parties will coordinate the removal of the Government's equipment. 5. Use. The Government may use the Premises for any lawful purpose, such as for installing, operating, maintaining, repairing, and replacing its equipment (e.g., a Next Generation Weather Radar (NEXRAD) system) as may be necessary in order to carry out the Government's mission. The Government shall have the right to make alterations, additions, and improvements to the Premises and Government property as may be necessary in order to carry out the Government's mission. 6. Utility Connection. The Government shall have right-of-way to connect to all necessary utilities (e.g., for maintaining power, telecommunications, cabling, and fuel lines to the Premises); all rights -of -way to be over or under the Property may be by routes reasonably determined to be the most convenient to the Government. The Government is responsible for funding its connection to the Premises and shall arrange for connection to existing utilities through separate agreements. 7. Operations. Maintenance & Utilities. (a) The Government will keep and maintain the Government's equipment in good condition, reasonable wear and tear excepted. (b) The Licensor shall maintain, repair, and keep in good and tenantable condition the Premises, as well as the access to the Premises. (c) The Licensor is not responsible for providing the Government with utilities or any additional services; therefore, the Government shall be responsible for obtaining and paying for its own utilities and additional services. 8. Taxes and Assessments. The Government shall not be responsible for the payment of any taxes, assessments, or fees levied on the Property or on the Government's property (e.g., equipment). 9. Access. For the duration of this License, and at no cost to the Government, the Licensor is responsible for ensuring the Government, its employees, contractors, subcontractors, licensees and other authorized representatives shall have access (rights of ingress and egress) to the Premises at all times (i.e.. 24 hours per day and 7 days per week). The U.S. GOVERNMENT LICENSE FOR REAL PROPERTY DOC NOAA 2020 V1 (DEC) Page 1 of 3 Licensor shall be responsible for securing any easement, right of entry, or other access agreement necessary to ensure the Government's access to the Premises from a nearby public roadway. When applicable, the Licensor shall provide the Government with at least two keys or the combination or code for any security fencing. The Government may, at its own expense, erect a fence or other barrier to restrict access to the Premises. 10. Hazardous Materials. The Premises shall be free of hazardous materials according to applicable environmental laws and regulations. 11. Government Property. Licensor covenants and agrees that none, nor any part, of the Government's property (e.g., equipment, buildings, fixtures, improvements) placed in, on, upon or affixed to the Premises shall become, or be considered part of, the Premises. The Government's property shall remain the property of the Government, unless disposed of or abandoned by the Government in accordance with applicable federal laws and regulations. At such time that the Government vacates the premises said disposal or abandonment will be coordinated among the parties. Abandoned property should only be property agreed to by both parties to be abandoned. If unwanted abandoned property is left by the Government the Licensor will notify the Government to remove said abandoned property. If the Licensor, within a reasonable time, must fund for the disposal of unwanted abandoned property, said reimbursement is pursuant to a separate obligating document that requires the Government's subsequent approval and is subject to the requirements of 31 U.S.C. §§ 1341(a) and 1501(a). 12. Authority to License. Licensor covenants that Licensors interest in the Property is sufficient to enter into this License and Licensor's signatory has full authority to bind the Licensor to all terms and conditions of this License; the Government may reasonably request evidence of said interest and authority. 13. Claims. For the purposes of this License, the Government is considered to be self -insured. The Government agrees to promptly consider and adjudicate any claims which may arise out of use of the Licensor's Property/Premises by the Government or duly authorized representatives or contractors of the Government and to pay for any damage or injury as may be required by applicable law. Such adjudication may be pursued under the Federal Tort Claims Act, 28 U.S.C. § 2671 et sea., the Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq., or such other legal authority as may be pertinent. 14. Correspondence. Correspondence to the Licensor shall be sent to: Correspondence to the Government shall be sent to: Lubbock International Airport NOAA Real Property Management Division Director 1305 East West Highway, SSMC IV 5401 N. MLK Blvd., Unit 389 Silver Spring, MD 20910 Lubbock, Texas 79403 Attn: Contracting Officer 15. Successors Bound. This License shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. 16. Quiet Eniovment. Licensor agrees that the Government shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this License, without hindrance from Licensor or anyone claiming rights by, through or under Licensor. In support of the Government's mission of collecting, studying, and reporting on meteorological conditions, the Licensor agrees to share any potential development plans with the Government to avoid damaging any Government improvements including the Government's utility lines, grading and access. 17. Exhibits and Attachments. The following are attached and made a part hereof: A. Exhibit "A", Legal Description / Survey of the Property and Premises (1 page) B. Exhibit "B", Google Earth Aerial Image of Site (1 page) 18. Prior Transaction. This License succeeds Lease number 063LBF0071. In Witness Whereof, the parties to this License evidence their agreement to all terms and conditions set forth herein by their signatures below. U.S. GOVERNMENT LICENSE FOR REAL PROPERTY DOC NOAA 2020 V1 (DEC) Page 2 of 3 LICENSOR: THE CITY OF WBBOCK BY Tray Payne, Mayor, August 23, 2022 Sig Name (Print). ride, & Date IN THE PRESENCE OF: BY Rebecca Garza, City Secretary, August 23, 2022 Signature Name (Print), Tide, & Date UNITED STATES OF AMERICA: TOWN SEND.CHRISTIAN.MA Digitally signed by TOWNSEND.CHRISTIAN.MATTHEW.1393464441 TTH EW.1393464441 Date: 2022.09.01 09:07:41-04'00' Department of Comnwm Name of Contracting Officer (Print) & Date Real Properly CoMraclxng Officer APPROVED AS TO CONTENT: Kelly Campbell. AAE Executive Director of Aviation APPROVED AS TO Mitchell S to - First Assistant (pity Atfonney U.S. GOVERNMENT LICENSE FOR REAL PROPERTY DOC NOAA 2020 V1(DEC) POP 3 of jjeqjoo� --A < 5 jr Qj > < r. [am ion iIi Cl II low ,I" im" PLAT OF SURVEY LEGAL DESCRIPTION: A 0.321 ACRE TRACT OF LAND OUT OF SECTION 2. BLOCK D-3, LUBBOCK COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 2, BLOCK D-3, HAVING GRID COORDINATES OF X - 963.963.8460, Y = 7,299,233.6605 OF THE NORTH CENTRAL ZONE OF THE TEXAS STATE PLANE COORDINATE SYSTEM; THENCE N 69646'16" W. 3931.50 FEET TO A 5/8" REBAR WITH A 1 1/2" ALUMINUM CAP, (THIS AND SUBSEQUENT BEARINGS REFER TO THE ABOVE REFERENCED STATE PLANE COORDINATE SYSTEM) SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING: THENCE N 88029' 50" W. 140.00 FEET TO A 5/8" REBAR WITH 1 1 /2'• ALUMINUM CAP: THENCE N 01.30' 10" E. 100.00 FEET TO A 5/8" REBAR WITH 1 1/2" ALUMINUM CAP; THENCE S 88.29'50" E. 140.00 FEET TO A 5/8" REBAR WITH 1 1/2" ALUMINUM CAP; THENCE S 01030' 10" W, 100.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 13.982.760 SQUARE FEET OR 0.321 ACRES. WALNUT STREET IS ON LUBBOCK INTERNATIONAL AIRPORT PROPERTY AND IS NOT A DEDICATED PUBLIC STREET. THERE ARE NO SETBACK DESIGNATIONS. N 7, 300, 696.6890 N = 7, 300, 693.0175 E = 960,137.5136 E = 960,277.4655 518" REBAR W/CAP 518" REBAR W/ CAP S 88029'50" E 140.00' 3" ALUMINUM MONUMENT IN CONCRETE p STATE PLANE COORDINATES N = 7,300,688.1405 O E - 960.272.3469 ELEV. 3256.44 90.00, 518" REBAR 90. 00, f N 88°29'50' N = 7,300,596.7234 E = 960,134.8911 518 " REBAR W/ CAP O 0 ' W 140.00' TRUE PT. OF BEGINNING N = 7,300,593.0519— E '= 960,274.8429 518 " REBAR W/ CAP THIS CERTIFICATE OF SURVEY IS CERTIFIED ONLY TO THE UNITED STATES DEPARTMENT OF COMMERCE AND SAID CERTIFICATE SHALL NOT TRANSFER TO ANY NEW OWNER OR OWNERS OF THE SUBJECT PROPERTY. THIS IS TO CERTIFY THAT THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR HAS COMPLETED A TRUE AND ACCURATE SURVEY OF THE ABOVE DESCRIBED PREMISES AND THAT ALL MEASUREMENTS SHOWN. ANGULAR AND LINEAR, WERE MEASURED ON THE GROUND AND MONUMENTS WERE SET AS SHOWN. THIS CERTIFICATE OF SURVEY HAS BEEN PREPARED FROM INFORMATION COMPILED IN THE FIELD AND OFFICE IN COMPLIANCE WITH THE CURRENT TEXAS MINIMUM STANDARDS FOR PROPERTY SURVEYS. WILSON SURVEYING Co., INC. Registered Professional Land Surveyors Global Positioning System Surveyors 3330 70th STREET, SUITE 201 • LUBBOCK, TEXAS 79413 (806) 792-4731 0 FAX (806) 792-1646 CI TRUE NORTH Scale 1" = 30' —30 —15 0 so so 00 I v C a w E 33951ENT P�`NT 7$°1 g43pTER TREpTM VY Y F WBB ER TOWER IWp I N M LEGEND: I I O - 5/8" REBAR SL I = 5/8" REBAR SET W/ ALUM. CAP "NWS-1992" �0. "RPLS 232" S & - PERMANENT MONUMENT '3"X 30" ALUM. PIPE W/ CAP" J� 0 = POWER POLE I N " - CEN. S.S. MH. �g o 0 6� 9 �6' POINT OF BEGINNING S.E. COR. SEC. 2, BLK. D-3 N = 7,299,233.6605 E = 963,963.8460 EXH 1 BIT `A" NOTE: PERMANENT MONUMENT COORDINATE VALUES AND BEARING SHOWN ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (NAD 83) OTHER COORDINATE VALUES ARE SITE COORDINATES (DO NOT HAVE GRID FACTOR ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND DISTANCES. ELEVATION DATUM IS REFERENCED MEAN SEA LEVEL.