HomeMy WebLinkAboutResolution - 022874B - Lease Agreement - FAA - Traffic Control Tower, LRA - 02_28_1974RESOLUTION
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
between the City of Lubbock and the United States of America covering 2. 4 acres
of land at the Lubbock Regional Airport for construction of an FAA Traffic Control
Tower 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 28th day of February , 1974.
ORRIS W. TURNER, MAYOR
ATTEST:
Treva Phillips, City Se retary-Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., City AXtorney
n 1
DEPARTMENT OF TRANSPORTATION
- FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
POST OFFICE BOX 1689
FORT WORTH, TEXAS 76101 Lease No.: DOT-FA74SW-1178
Airport Traffic Control f
Tower
LEASE Lubbock Regional Airport
Lubbock, Texas
between
CITY OF LUBBOCK, TEXAS
and
THE UNITED STATES OF AMEKICA
This LEAsE, made and entered into this day of
in the year one thousand nine hundred and seventy-three
by and between
CITY OF LUBBOCK, TEXAS
whose address is Route 3, Box 201
Lubbock, Texas 79401
for itself, its hnim, Vx asy x t:S=K successors, and
assigns, hereinafter called the lessor, and the UNITED STATEs OF AMEmCA, hereinafter called the
Government
WITNEsSETH : The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows
1. For the term beginning December 1,1973 and ending June 30, 1974 the lessor
hereby leases to the Government the following described property, hereinafter called the prem-
ises, viz: A tract of land on Lubbock Regional Airport, Lubbock County, Texas,
and more particularly described as follows:
Starting at the intersection of runway 17R-35L and BL-26R run easterly along
the runway centerline of runway 8L-26R, a distance of 2550 feet; thence northerly'
parallel to the centerline of runway 17R-35L, a distance of 1200 feet for the
POINT OF BEGINNING, such point being the southwest corner of the plot; thence,
350 feet north; thence, 300 feet east; thence, 350 feet south; thence, 300 feet
west to the POINT OF BEGINNING. Such plot containing 2.4 acres moreor less.
All bearings are true. As more particularly shown on FAA Drawings Nos.
SW-D-8165-P-1, dated August 15, 1973 and SW-D-8165-A-2, dated August 15, 19733%
marked EXHIBIT "A" and "B" respectively, attached hereto and made a part hereof.
FAA FORM 4423-2 111-70) SUPERSEDES FAA FORM 413
Page l
Lease No.: DOT-FA74SW-1178 I
ATCT, Lubbock Regional Airport,
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. f
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 fixtures, additions, or structures 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 effective date of termination of this lease, or within 90 days thereafter, by or
on behalf of the Government, or its grantees, or purchasers of said fixtures, additions, structures,
or signs.
2. This lease may, at the option of the Government, be renewed from year to year and other-
wise upon the terms and conditions herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for 1 year unless the Government gives the lesson 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 prem-
ises beyond the 30th day of June JA 2023 ; �1B9I�3�S$-�R-�H,-lrstt�ate-ag�rt>px-
artirnis-zrre-a�zsi leiro eat-ef renWt
3. The Government shall pay the lessor for the premises no monetary consideration in
the form of rental, it being mutually agreed that the rights extended to the
Government herein are in consideration of the obligations assumed by the
Government in its establishment, operation and maintenance ($--------------- )-
fwand- of facilities upon the premises hereby
leased.
------------ }--per- for-aCh.
al--ex�reed-ley-#,lx�-Gaveeakereafxer,.Pa.�ar�ts-shall. ba.macie-.ixz..axscars.at.
t e4YAW----------------.--a.i eut#he.cubmissiou. �uauchPxs.
4. The Government may terminate this lease, in whole or in part, at any time by giving 30
days notice in writing to the lessor, and no rental shall accrue after the effective date of
termination. Said notice shall be computed commencing with the day after the date of mailing.
5. No Member of Congress or Resident Commissioner shall be admitted to any share or part
of this lease, or to any benefit to arise therefrom. Nothing, however, herein contained, shall be con-
strued to extend to any incorporated company if the lease be for the general benefit of such cor-
poration or company.
Page 2
Lease No.: DOT-FA74SW-117,9
ATCT, Lubbock Reg. Airport f
Lubbock, Texas
6. The lessor warrants that no person or selling agency has been employed or retained to so-
licit or secure this lease upon an agreement or understanding for a commission, brokerage, percent-
age 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 the contract price or consideration, the full amount of such commissions,
brokerage, percentage, or contingent fee.
effective date of termination of this lease. If the lessor, by written notice at least
days before the expiration or the effective date of termination requests restor of the preen-
ises, the Government at its option shall within ninety (90) days th, or within such addi-
er
tional time as may be mutually agreed upon, either (1) restor premises to as good condition
as that existing at the time of the Government's en g upon the premises under this lease
(changes to the premises in accordance with aph 1 above, ordinary wear and tear, damage
by natural the
and by circumsta over which the Government has no control, excepted)
or (2) make an equitable ad' ent in the lease amount for the cost of such restoration of the
premises or the dimin of the value of the premises if unrestored, whichever is less. Should
a mutually ac le settlement be made hereunder, the parties shall enter into a supplemental
agree ereto effecting such agreement. Failure to agree to any such equitable adjustment shall
fact arising under this contract which is not disposed of by agreement shall be deci Dy the
Contracting Officer, who shall reduce his decision to writing and mail or otherw' urnish a copy
thereof to the lessor. The decision of the Contracting Officer shall be fi nd conclusive unless
within 30 days from the date of receipt of such copy, the lessor s or otherwise furnishes to
the Contracting Officer a written appeal addressed to th cretary, Department of Transporta-
tion. The decision of the Secretary or his duly rized representative for the determination
of such appeals shall be final and conclu ' • nless determined by a court of competent jurisdic-
tion to have been fraudulent, or ca . ous, or arbitrary, or so grossly erroneous as necessarily to
imply bad faith, or not su ed by substantial evidence. In connection with any appeal proceed-
ing under this claus a lessor shall be afforded an opportunity to be heard and to offer evidence
in support o ' appeal. Pending final decision of a dispute hereunder, the lessor shall proceed dili-
gent , i h the performance of the contract and in accordance with the Contracting Officer's
with decisions provided for in paragraph (a
shall be construed ecisio
abov c mg in this contract
of any administrative official, representative, or
Page 3
Lease No.: DOT-PA74SW-1178
ATCT, Lubbock Regional Arpt.`f
Lubbock, Texas 4
9. This lease is subject to the additional provisions set forth below, which are made a part 1
hereof, and identified as follows
Articles 10 through 17 follow the signatory page.
Operation Agreement for Airport Traffic Control Tower (constructed by
the Government)
Articles I through IV.
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 CITY OF LUBBOCK, TEXAS
recorded in Liber -�
pages _--, (Lessor)
against the above -described premises, the un- Title: Ma or
dersigned hereby consents to the foregoing (Lessor)
lease and agrees that, if while the lease is in
force the mortgage is foreclosed, the forecla (Lessor)
sure shall not void the lease.
(Lessor)
-------------------------------------- —----------------- --_
(Mortgagee) ------------(Lessor)
XD--M• ved M to form?
THE UNITED STATES OF AMERICA
Fred 0. Senter, Jr., City 6ttqXn6 B ..LC G st: _� C��K�C• ., ______
Milton J. Pa a
�ATolax3�-Seal}- Title _.-Contracting_Officer
Page 4 • U. IL GOVERNMENT PRINTING 0PVICF: 1972-770 340
Lease No. DOT-FA74SW-1178
ATCT, Lubbock Regional Airport
Lubbock, Texas
Page 5
f
10. FUNDING RESPONSIBILITY CLASS I - II FACILITIES
The airport owner agrees that any relocation, or 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
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 & VORTAC
Airport Surface Detection Equipment (Instrument Approach)
Precision Approach Radar Weather Observing & Measuring Equip.
ILS and Components (owned & operated by FAA)
ALS and Components Central Standby Power Plant
CLASS II FACILITIES
Long Range, Radar VOR and VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Station
Peripherals (Remote Control Remote Communications Outlet
Air -Ground Communication Facility) Limited Remote Communications Outlet
Other en route facilities
4
}
`i
Lease No. DOT-FA74SW-1178 s
ATCT, Lubbock Regional Airport
Lubbock, Texas
Page 6
11. UTILITIES AND ACCESS ROAD:
All utilities and access road will be brought to the proposed boundary of the
leased tract for the Airport Traffic Control Tower at no expense to the
Government as shown on the attached FAA Drawings Nos. SW-D-8165-P-1 and SW-D-
8165-A-2. The Government will have the right to connect to the services
without a charge assessed against the Government for tying into the services.
Utility services and access road are as follows:'
Two and one-half inch (2k") water line to terminate at the south property line
approximately 86 feet from the southwest corner of the leased plot. - I
120/208 volt, 3-phase, 4-wire electric service at a minimum of 175 KVA capacity.
Provide adequate fire hydrants in the vicinity of the ATCT in accordance with
current local fire protection codes.
No provisions for natural gas or sewer line are required.
12. RESTRICTIONS•
The Government shall have the right to restrict any or all fixed objects on the -
airport that may interfere with the normal operation of the Airport Traffic
Control Tower, Lubbock Regional Airport, Lubbock, Texas.
13. REMOTE TRANSMITTER:
It is expressly understood and agreed that land for the installation and
operation of any remote transmitters required for the operation of this
facility and the right to connect them to the Airport Traffic Control Tower
across the most feasible and practicable route will be furnished to the
Government without cost.
14. NON -RESTORATION:
It is hereby agreed between the parties that, upon the termination of its
occupancy, the Government shall have no obligations to restore and/or rehabili-
tate, 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 said property. Notice
of abandonment will be conveyed to the lessor in writing.
Lease No. DOT-FA74SW-1178
ATCT, Lubbock Regional Airport
Lubbock, Texas
Page 7
15. INSTALLATION, OPERATION AND MAINTENANCE OF CABLES AND WIRING,
The Government shall have the right and privilege to install, operate and
maintain necessary connecting cables and wiring, where needed, to perform the
necessary linking of any present or future air navigational aid facilities
provided such installations do not constitute a hazard to.the operation of
aircraft when such installations have been completed and the future right to
link all such facilities with the Government's Emergency Standby Power Plant
to be used in the event of commercial power failure to any of its facilities
located on airport property.
16. VEHICLE PARKING•
Government -owned vehicles and vehicles owned by Government employees shall be
parked on the land covered by this lease.
17. DELETIONS•
In the first paragraph on page 1, the words "heirs," "executors," "adminis-
trators," were deleted.
Article 2 - beginning with the words "AND PROVIDED FURTHER" and ending with
"payment of rentals" were deleted.
Article 3 - beginning with "($)" and ending with "or vouchers" were deleted.
Articles 7 and 8 were deleted in their entirety.
Article 11 - The third paragraph was deleted.
Lease No. DOT-FA74SW-1178
ATCT, Lubbock Regional Airport
Lubbock, Texas
Page 7
15. INSTALLATION, OPERATION AND MAINTENANCE OF CABLES AND WIRING:
The Government shall have the right and privilege to install, operate and
maintain necessary connecting cables and wiring, where needed, to perform the
necessary linking of any present or.future air navigational aid facilities -
provided such installations do not constitute a hazard to the operation of
aircraft when such installations have been completed and the future right to
link all such facilities with the Government's Emergency Standby Power Plant
to be used in the event of commercial power failure to any of its facilities
located on airport property.
16. VEHICLE PARKING•
Government• -owned vehicles and vehicles owned by Government employees shall be
parked on the land covered by this lease.
17. DELETIONS•
In the first paragraph on page 1, the words "heirs," "executors," "adminis-
trators," were deleted.
Article 2 - beginning with the words "AND PROVIDED FURTHER" and ending with
"payment of rentals" were deleted.
Article 3 - beginning with "($)" and ending with "or vouchers" were deleted.
Articles 7 and 8 were deleted in their entirety.
Article 11 The third paragraph was deleted.
' DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
POST OFFICE BOX 1689
FORT WORTH, TEXAS 76101
Lease No. DOT-FA74SW-1178
Airport Traffic Control Tower
Lubbock Regional Airport
Lubbock, Texas
OPERATION AGREEMENT FOR AIRPORT TRAFFIC CONTROL TOWERS
(Constructed by the Government)
I. THIS AGREEMENT is to be attached to and made a part of Lease No. DOT-FA74SW
1178 between the United States of America acting by and through the Federal
Aviation Administration, hereinafter called the Government, and the City of
Lubbock, Texas, operating its airport known as Lubbock Regional Airport, located
at Lubbock, Texas, hereinafter known as Lessor.
II. WHEREAS, an Airport Traffic Control Tower will be or has been erected on
the leased plot by and at the expense of the Government; AND
III. WHEREAS, it is in the public interest that the said Airport Traffic Control
Tower on the above airport be operated by the Government, subject to availability,
of funds therefor, in accordance with standards established by the Government.
IV. NOW, THEREFORE, the Lessor agrees to the following conditions:
1. The Lessor shall, at no expense to the Government, provide the lighting
control panels in the said Tower and shall provide all electrical circuits and
current, on a continuing basis, necessary for the operation of boundary, flood
and obstruction lights, including those which may be operated by the Government;
all airport lighting which the.Government determines is essential to aircraft
operations, including the foregoing, and all such air traffic control devices
which are designated to be directly or remotely controlled from the Airport
Traffic Control Tower shall be operationally under the control of the Government's
Airport Traffic Controllers, and the Lessor shall be responsible for the proper
and continued functioning of any locally -installed lights or other devices placed
under the Government's control.
2. The Lessor shall be responsible for the proper and continued functioning
of all equipment and devices which the Government determines are necessary for
air traffic control, but which cannot be placed in operation or controlled from
said Tower, or are not otherwise operated by or under the control of the Government.
Lease No. DOT-FA74SW-1178
Airport Traffic Control Tower
Lubbock Regional Airport
Lubbock, Texas
OPERATION AGREEMENT FOR AIRPORT TRAFFIC CONTROL TOWER - continued
3. The Lessor shall promptly advise the Government's duly authorized
representative(s) in said Tower of any conditions which render all, or any, area(s)
of the Airport unsafe for normal utilization by aircraft and will, upon demand,
appropriately mark any such area(s) in a manner approved by the Government which
properly indicates the existing condition(s); the Lessor shall promptly give notice
to the Government's Tower representative(s) prior to the time any maintenance or
construction is begun on the airport landing area unless such action is in accord-
ance with a schedule which has been previously coordinated with the said Tower;
said notice shall be given not less than thirty (30) days prior to the commence-
ment date and said approved schedules shall be submitted for approval no less
than thirty (30) days prior to the schedule date for beginning the first item of
construction and/or maintenance on the schedule.
4, The Government shall have absolute control of the operation of said Tower
and its associated facilities at all times and shall not be subject to direction
from the Lessor'in this regard, but the Lessor shall indemnify and save harmless
the Government from and against all loss, injury, or damage and any claims for
such acts resulting from or incident to the operation of said Tower; provided,
however, the Lessor shall not be responsible for any such acts or claims resulting
from the negligent or wrongful act or omission of any employee operating in
said Tower.
5. The Lessor, upon request from the Government, agrees to provide two-way
ground control communication equipment in its maintenance and emergency vehicles
scheduled to regularly operate in the airport landing area, and such equipment
shall be capable of maintaining radio communications with the Government's Tower
on said airport.
f
i
f
Lease No. DOT-FA74SW-1178
Airport Traffic Control Tower
Lubbock Regional Airport
Lubbock, Texas i
I
-i
CORPORATE CERTIFICATE I
I, Treva Phillips certify that i am the
Secretary -Treasurer of the corporation named as lessorin the attached
lease; that Morris W. Turner , who signed said lease
on behalf of the lessor, was then Mayor of said
corporation; that said lease 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 28th day of February , 1974
Signed: CORPORATE SEAL