Loading...
HomeMy WebLinkAboutResolution - 4567 - Lease - FAA - # DTFA07-95-L-01039, Outer Marker Site -08/11/94Resolution No. 4567 August 11, 1994 Item #8 ]RESOLIN 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 No. DTFA07-95-L-01039 with the United States of America Department of Transportation, Federal Aviation Administration, 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 ATTEST: FIVE.M.- APPROVED AS TO CONTENT: UjwWewsd-m- Interim Director of Aviation APPROVED AS TO FORM: jil HW*4SF4JSA.M ocdoca/hme 29,1994 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Resolution No. 4567 August 11, 1994 Item #8 Lease No.: DTFA07-95-L-01039 Outer Marker Site Lubbock, Texas LEASE between CITY OF LUBBOCK and THE UNITED STATES OF AMERICA This LEASE, made and entered into this day of in the year one thousand nine hundred and ninety-four, by and between the CITY OF LUBBOCK, TEXAS, whose address is Lubbock International Airport, Route 3, P.O. 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, 1994, and ending September 30, 1995, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: A tract of land more particularly described as follows: Beginning$at the southeast corner of the southwest quarter of Section 28, Block D, Abstract 729, Lubbock County, Texas, which is near the center of the existing county road, proceed westerly along said county road a distance of 459 feet; thence proceed north 40 feet to the Point of Beginning; thence proceed west 100 feet to a point; thence north 55 feet to a point; thence east 100 feet to a point; thence south 55 feet to the Point of Beginning, saidtract containing 5,500 square feet, more or less, as provided for inPartition Deed dated April 11, 1969, and recorded in Volume 1200,:page 559 in Deed Records of Lubbock County, Texas. All bearings areitrue, as more particularly shown on Drawing No. DR 4-D-3122-5 attached hereto and made a part hereof. Approximately 0.12 acre. 1 Lease No. DTFA07-95-L-01039 outer Marker Site Lubbock, 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 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: 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 options 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 30th day of September 1999. 3.RENT: 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 Outer Marker facilities upon the premises hereby leased. 4. ,CANCELLATION: 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. 2 Lease No. DTFA07-95-L-01039 Outer Marker Site Lubbock, Texas 5. DTSPUTES: a. This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. C. (1) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising under or relating to this lease. (2) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (3) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith, the supporting data are accurate and complete to the best of the Lessor's knowledge and beliefl and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. e. For Lessor claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. f. The Contracting officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. g. The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. 3 Lease No. DTFA07-9S-L-01039 Outer Marker Site Lubbock, Texas h. Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365- or 366-day year, whichever applies. I. Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 6. OFFICIALS NOT TO BENEFIT: 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. 7. LESSOR WARRANTY: 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, 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. S. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: 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. 4 Lease No. DTFA07-95-L-01039 Outer Marker Site Lubbock, Texas CLASS I FACILITIES Remote Transmitters/Receiver (Tower) Airport Traffic Control Towers Airport Surveillance Radars Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Flight Service Stations Visual Landing Aids Direction Finding Equipment VOR's, TVOR's, and VORTAC's (Instrument Approach) Weather Observing and Measuring Equip. (Owned and operated by FAA) Central Standby Powerplants 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 9. 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. 10. RIGHTS FROM OTHERS: Copy of instrument by which the City acquired the land rights from others for the Outer Marker Site is attached hereto and made a part hereof. 11. MINERAL RIGHTS• The Government claims no mineral rights on the leased property and restricts itself to surface rights. 12. NOTICES: All notices sent to the parties under the lease shall be addressed as follows: To the Lessors City of Lubbock, Lubbock International Airport, Route 3, P.O. Box 389, Lubbock, TX 79401 5 Lease No. DTFA07-95-L-01039 Outer Marker Site Lubbock, Texas To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193-0056 IN WITNESS WHEREOF, the parties names,as of the date first above wr ATTEST: Betty MV Tohnsoo, City Secretary APPROVED AS TO CONTENT: Newsome, Interim Director of Aviation APPROVED AS TO FORM: arold Wi�Wle llard, Assistant -City Attorney 6 THE UNITED STATES OF AMERICA By: ina B. Neligh Title: Contracting Officer I, Lease No. DTFA07-95-L-01039 Outer Marker Site Lubbock, Texas CORPORATE CERTIFICATE , certify that I am the of the City of Lubbock named in the foregoing agreement, that who signed said agreement on behalf of said City of Lubbock, was then thereof, that said agreement was duly signed for and in behalf of said municipality by authority of its governing body, and is within the scope of its corporate powers. Dated this day of , 19 CORPORATE SEAL Signed by 7 Page is too large to OCR.