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HomeMy WebLinkAboutResolution - 5283 - Lease - FAA - #DTFA07-97-L-01049, Engine Generator Site, LIA - 09_26_1996RESOLUTION NO.5283 September 26, 1996 Item #6 RESOLUTION 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 Lease No. DTFA07-97-L-01049 with the U.S. Department of Transportation, Federal Aviation Administration for an Engine Generator Site at the Lubbock International Airport, which lease is attached hereto, 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 26rf, day of ATTEST: ALEx "TYt' G OI-E, MAYOR PRO TEM A/Zx"4W k'A�� amid Willard, Interim City Sec tary APPROVED AS TO CONTENT: Mark arle, Director of Aviation APPROVED AS TO FORM: #aroledd Willard, Assistant City Attorney dpX=docslusdot.res August 30, 19% RESOLUTION NO. 5283 September 26, 1996 Item #6 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas LEASE between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA This LEASE, made and entered into this 26th day of September in the year one thousand nine hundred and ninety six by and between the CITY OF LUBBOCK, TEXAS, whose address is Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401, for itself, its successors 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 October 1, 1996, and ending September 30, 1997, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: Starting from a brass disc on the centerline of the North/South Runway and said point being at the North end of said Runway, go S79°00'W 387.5 feet to a point on the West edge of Taxiway "A"; thence S 11 °00' E 2000.0 feet to a point; thence S79000' W 473.5 feet to a point; thence S l l °00'E 1553.0 feet to a point, which is the Southeast comer of the existing Remote Receiver facility site; thence S 10°W 2,073 feet to point of beginning. From point of beginning run S10°E 40.0 feet; thence S80°W 40 feet; thence N10°W 40.0 feet; thence: N80°E 40.0 feet to point of beginning, said plot containing .04 acre, more or less. All bearings are magnetic. Coordinates of site are latitude 33"39'31"N, longitude 101°49'53"W. A copy of FAA Drawing Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas ABQ-D-0016-1, Exhibit "A" showing the described site, the road to be used for access thereto, and the path of underground power cables, is attached hereto and made a part hereof. 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 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 expiration 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. o WAINIUM' !► 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 shall extend this lease beyond the 3Oth day of September 2001. The Government shall pay 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 Engine Generator facilities upon the premises hereby leased. 2 Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas In WNe rQ till W41V I EllZ The Government may terminate this lease at any time by giving at least thirty (30) days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. • �, s 1` I 0 ►1 It is hereby agreed between 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 that 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. Notice of abandonment will be conveyed to the Lessor in writing. a. This lease is subject to the Contract Disputes Act of 1978, as amended (41 U. S. C. 601-613). b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved under this clause. C. 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 lease terms, or other relief arising under or relating to this lease. A claim arising under a lease, unlike a claim relating to that lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Lessor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d) (2) below. 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 either as to liability or amount or is not acted upon in a reasonable time. 3 Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas d. (1) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Lessor shall be subject to a written decision by the Contracting Officer. (2) (i) Lessors shall provide the certification specified in subparagraph (d) (2) (iii) of this clause when submitting any claim - (a) Exceeding $50,000; or (b) Regardless of the amount claimed, when using- (1) Arbitration conducted pursuant to 5 U.S.C. 575-580; or (2) Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the Administrative Disputes Resolution Act (ADRA). (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 lease adjustment for which the Lessor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Lessor." (3) The certification may be executed by any person duly authorized to bind the Lessor with respect to the claim. For Lessor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Lessor, render a decision within 60 days of the request. For Lessor -certified claims over $50,000, the Contracting Officer must within 60 days, decide the claim or notify the Lessor of the date by which the decision will be made. N Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas f. The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. g. At the time a claim by the Lessor is submitted to the Contracting Officer or a claim by the Government is presented to the Lessor, the parties, by mutual consent, may agree to use ADR. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph (d) (2) (iii) of this clause, and executed in accordance with subparagraph (d) (3) of this clause. h. 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) 48 CFR 33,201, 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 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 6-month period as fixed by the Treasury Secretary during the pendency of the claim. i. The Lessor shall proceed diligently with performance of this lease, pending final resolution of any request for relief, claim, appeal, or action arising under the lease, and comply with any decision of the Contracting Officer. MUFM (FAII&IM61• :_.� . No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, 5 Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas percentage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. 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 amounts otherwise due under this lease or other consideration, the full amount of such commission, brokerage, percentage, or contingent fee. The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I and Class II facilities, or components thereof, as defined below, covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical 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) Visual Landing Aids Airport Traffic Control Tower Direction Finding Equipment Airport Surveillance Radar VOR, TVOR, and VORTAC Airport Surface Detection Equipment (Instrument Approach) Precision Approach Radar Weather Observing and Measuring Equip. ILS and Components (Owned and operated by FAA) ALS and Components Central Standby Powerplant Flight Service Station Long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Center Flight Service Station Remote Control Air -Ground Remote Communications Outlet Communication Facility Limited Remote Communications Outlet Other En Route Facilities Gi Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas 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 Engine Generator facility. 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, 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 Engine Generator facility. All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of Lubbock, Lubbock International Airport, Route 3, Box 389, Lubbock, TX 76240 To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193-0056 IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as of the date first above written. CITY OF LUBBOCK, Title; MAYOR PROS TEM ATTEST: arold Willard, Interim City Secrelary APPROVED O CONTENT: Mark ar ixector of Aviation THE UNITED STATES OF AMERICA By: ina B, Neligh Title: Contracting Officer APPROVED AS TO FORM: 7 arold Willard, Assistant City Attorney Lease No. DTFA07-97-L-01049 Engine Generator Site Lubbock International Airport Lubbock, Texas CORPORATE CERTIFICATE I, Harold Willard , certify that I am the Interim City Secretary of the Corporation named in the foregoing agreement, that Alex "Tv" Cooke who signed said agreement on behalf of said corporation, was then Mayer _ Pro Tem thereof, 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 26th day of September , I9—CLE. CORPORATE SEAL 8 Page is too large to OCR.