HomeMy WebLinkAboutResolution - 2001-R0470 - Lease Agreement With Federal Storage Building Site At Lubbock Airport - 11_08_2001Resolution No. 2001—RO470
November 8, 2001
Item No. 22
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 a Lease, by and between the City of Lubbock,
Texas and the United States of America of a storage building site at Lubbock International
Airport. Said Lease is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 8th day of NovembW 001.
WINDY SITTO , MAYOR
ATTEST:
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
Mark/Earle
Dir ctor of Aviation
APPROVED AS TO FORM:
Linda L. Chamales
Supervising Attorney
LLC:cp Ccdocs/COL-USA-Storage.Res
October 12, 2001
Resolution No. 2001-RO470
November 8, 2001
Item No. 22
U.S. Department of Transportation
Lease No. DTFA07-02-L-01003
FEDERAL AVIATION ADMINISTRATION Storage Building Site
Southwest Region Lubbock International Airport
Fort Worth, Texas 76193-0054 Lubbock, Texas
LEASE
Between
CITY OF LUBBOCK, TEXAS
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this 8th day of November , in the
year two thousand one, by and between CITY OF LUBBOCK, TEXAS, whose address
is: Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401, for itself or
its successors, and assigns, hereinafter referred to as the Lessor, and the UNITED
STATES OF AMERICA, hereinafter referred to as the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned
covenant and agree as follows:
1. PREMISES:
For the term beginning October 1, 2001, and ending September 30, 2002, the
Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, VIZ:
STORAGE BUILDING SITE
A parcel of land located on Lubbock International Airport, described as follows:
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 S 79°00' W 387.5 feet to a point on the West
edge of Taxiway "A"; thence S 11000' E 2000.0 feet to a point; thence S 79°00' W 473.5
feet to a point; thence S 11000' E 1553.0 feet to a point, which is the Southeast corner of
the existing Remote Receiver facility site; thence S 10' W 2,073 feet to point of
beginning. From point of beginning run S 10' E 40.0 feet; thence S 80' W 40 feet;
thence N 10' W 40.0 feet; thence N 80' E 40.0 feet to point of beginning, said plot
containing .04 acre, more or less. All bearings are magnetic. Coordinates of
Lease No. DTFA07-02-L-01003
Storage Building Site
Lubbock International Airport
Lubbock, Texas
site are latitude 33°39'31" N, longitude 101°49'53" W. A copy of FAA Drawing 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 for establishing and maintaining a pole line or pole lines for extending
electric power and/or telecommunication lines to the premises; and a right-of-way for
subsurface power, communication and/or 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
otherwise, 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 Government
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.
2. RENEWAL OPTION:
Effective October 1, 2002, this lease may, at the option of the Lessor, be extended
from month to month and otherwise upon the terms and conditions herein specified. The
lease shall be deemed renewed each month unless the Lessor gives the Government (60)
sixty days' written notice that it will not extend the lease term; PROVIDED, that no
extension thereof shall extend this lease beyond the 30th day of September 2003.
3. CANCELLATION:
The Government may terminate this lease at any time by giving at least 30 days'
notice in writing to the Lessor. Said notice shall be sent by certified or registered mail.
2
Lease No. DTFA07-02-L-01003
Storage Building Site
Lubbock International Airport
Lubbock, Texas
4. RENT:
The Government shall pay the Lessor 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 obligations assumed by the Government in its establishment,
operation, and maintenance of the facilities upon the premises hereby leased.
5. NON -RESTORATION:.
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. Such abandoned
equipment shall become the property of the Lessor. Notice of abandonment will be
conveyed to the Lessor in writing.
6. FUNDING REPONSIBILITY FOR GOVERNMENT FACILITIES:
The Lessor agrees that any relocation, replacement, or modification of any
existing or future Government facilities covered by this lease during its term or any
renewal thereof made necessary by airport improvements or changes which in the
Government's opinion interfere with the technical and/or operational characteristics of the
Government's facilities will be at the expense of the Lessor, except when such
improvements or changes are made at the written request of the Government. In the
event such relocations, replacements, or modifications are necessitated due to causes not
attributable to either the Lessor or the Government, funding responsibility shall be
determined by the Government.
7. HAZARDOUS SUBSTANCE CONTAMINATION:
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 Government's facilities. 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 Government's facilities.
3
Lease No. DTFA07-02-L-01003
Storage Building Site
Lubbock International Airport
Lubbock, Texas
S. QUIET ENJOYMENT:
The Lessor warrants that they have good and valid title to the premises, and rights
of ingress and egress, and warrants and covenants to defend the Government's use and
enjoyment of said premises against third party claims.
9. OFFICIALS NOT TO BENEFIT:
No member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or part of this contract, or to any benefit arising from it. However,
this clause does not apply to this contract to the extent that this, contract is made with a
corporation for the corporation's general benefit.
10. COVENANT AGAINST CONTINGENT FEES:
The Lessor warrants that no person or agency has been employed or retained to
solicit or obtain this lease upon an agreement or understanding for a contingent fee,
except a bona fide employee or agency. 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 the lease consideration, or otherwise recover the full amount of the
contingent fee.
11. CONTRACT DISPUTES:
All contract disputes arising under or related to this contract shall be resolved
under this clause, and through the Federal Aviation Administration (FAA) Dispute
Resolution System. Judicial review, where available, will be in accordance with 49
U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA
shall be considered a final agency decision only after a lessor has exhausted their
administrative remedies for resolving a contract dispute under the FAA Dispute
Resolution System.
A contract dispute shall be made in writing and signed by Lessor or duly
authorized representative of the Lessor and submitted to the Contracting Officer, that it is
disputed either as to liability or amount. Submission shall be within six months after the
accrual of the contract dispute. The contracting officer's decision concerning the contract
dispute shall be binding on the parties unless the Lessor references the matter to the FAA
Office of Dispute Resolution for Acquisition. Information relating to submitting a
dispute will be provided by the Contracting Officer, upon request.
12. LESSOR'S SUCCESSORS:
The terms and provisions of this lease and the conditions herein bind the Lessor
and the Lessor's successors, and assigns.
M
Lease No. DTFA07-02-L-01003
Storage Building Site
Lubbock International Airport
Lubbock, Texas
13. NOTICES:
All notices/correspondence shall be in writing, and shall be addressed as follows
(or to such other address as either party may designate from time to time by notice or
correspondence to the other):
TO LESSOR: City of Lubbock
Lubbock International Airport
Route 3, Box 389
Lubbock, Texas 79401
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Property and Services Branch, ASW-54
Fort Worth, TX 76193-0054
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their
names as of the date first above written.
CITY OF LUBBOCK, TEXAS
BY: Nw� 'o
WINDY S TON
TITLE: Mayor
ATTEST:
Rebecca Garza, City Secretary
APPROVErDirector
CONTENT:
Mark arle, of via
THE UNITED STATES OF AMERICA
BY:
Nina B. Neligh
TITLE: Contracting Officer
APPROVED AS TO FORM:
Linda L. Chamales,
Supervising Attorney -Office Practice
5
Resolution No. 2001-RO470
Lease No. DTFA07-02-L-01003
Storage Building Site
Lubbock International Airport
Lubbock, Texas
CORPORATE CERTIFICATE
1, Rebecca Garza , certify that I am the Secretary of
the Corporation named in the foregoing agreement, that WINDY SITTON who
signed said agreement on behalf of said corporation, was then mayor
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 8th day of November 2001
CORPORATE SEAL
Signed
Rebecca Garza
City Secretary
2
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Resolution No. 2001-RO470
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