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HomeMy WebLinkAboutResolution - 6325 - Airport Lease Agreement - USFAAFSDO - LIA, Old Terminal On West Side - 05_27_1999Resolution No. 6325 May 27, 1999 Item No. 26 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 an Airport Lease Agreement by and between the City of Lubbock and the United States Federal Aviation Administration Flight Standards District Office, and all related documents. Said Agreement 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 27th day of May , 1999. YRNDY SI ON, MA OR ATTEST: Kaj Darnell, ity Secretary APPROVED AS TO CONTENT: hl'4 &AX P 0 0 Mark Earle Director of Aviation APPROVED AS TO FORM: , ALS:gs/U S. Fed Aviation Admin Flight Stand.res May 17, 1999 Resolution No. 6325 May 27, 1999 Item No. 26 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. DTFA07-00-L-00760 THIS LEASE, made and entered into this date by and between CITY OF LUBBOCK, TEXAS whose address is Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401, and whose interest in the property hereinafter described is that of Owner, hereinafter referred to as the Lessor, and the UNITED STATES OF AMERICA hereinafter referred to as the Government: WITNESSETH: The parties hereto, for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Approximately 4,745 net usable square feet of office space in the south end of a single story building known as the old terminal building located on the West Side of the Lubbock International Airport, Lubbock, Texas. The space is further described in Article 8 herein and by drawing designated Exhibit "A" attached hereto and by this reference made a part of this lease; to be used for such purposes as determined by the Government. 2. TO HAVE AND TO HOLD, the said premises with their appurtenances for the term beginning on the date which the Government accepts beneficial occupancy, through September 30, 2009, subject to termination and renewal rights as may be hereinafter set forth. 3. RENT: a. The Government shall pay the Lessor annual rent of $71,175.00 at the rate of $5,931.25 per month in arrears for the period from beneficial occupancy through September 30, 2004, and $61,685.00 at the rate of $5,140.42 per month in arrears for the period October 1, 2004, through September 30, 2009. b. Said rental amounts are subject to annual appropriations as authorized by congress. c. Rental consideration shall be made using electronic funds transfer (EFT) in accordance with Public Law 104-134 as presented in Article 1 of the attached General Clauses. d. Recipient of rent payments is City of Lubbock, Texas. 4. The Government may terminate this lease, in whole or in part, at any time after September 30, 2004, by giving at least 180 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. Renewal Option: None. 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: a. Services as described in Article 21, 22 and 23. b. Maintenance as more particularly set forth in Article 4 of General Clauses. 7. The following are attached and made a part hereof: a. Special Lease Provisions, Articles 8 through 49. b. General Clauses, Articles 1 through 27. c. Corporate Certificate. d. Exhibits A, space floor plan and B, space requirements. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF LUBBOCK, TEXAS B (Signature) Windy Sitton, Mayor IN P SENCE OF: (Signature) \ Darnell, City Secretary UNITED STATES OF AMERICA R. Bemis (Signature PPROVED AS TO CONTENT: Mark Ear e Director of Aviati n (Signature) (Address) Contracting Officer (Official title) APPROVED AS TO FORM: Amy Stems Assista t ity Attorney 2 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas SPECIAL LEASE PROVISIONS SECTION A - GENERAL BUILDING REQUIREMENTS 8. SQUARE FOOTAGE: (A schedule listing specific square footage amounts is to be incorporated by supplemental lease agreement when construction is complete and Government receives as -built drawings.) 9. PREPARATION OF SPACE: a. The Lessor shall build out and refurbish the premises with all due diligence in accordance with construction plans and floor plans developed in consultation with the Contracting Officer. Space requirements are defined on Exhibit `B" attached hereto. b. Space offered shall have a valid Occupancy Permit, issued by the local jurisdiction, for the intended use of the Government, or the offeror shall complete and provide a certified copy of "the Government Safety & Environmental Checklist" form, in lieu of an occupancy permit, at the Contracting Officer's discretion. The leased premises, all accesses to the leased premises, building operations, equipment, _ services, or utilities furnished by the lessor, and activities of other occupants, shall be free of safety, health, and fire hazards. When such hazards are detected, they must be promptly corrected at the Lessor's expense. c. The Lessor shall complete all requested construction and refurbishment within 90 days of receipt of approved layout drawings, and shall notify the Contracting Officer when the space is completed and available for occupancy. The Contracting Officer or his representative shall promptly inspect the space and determine if the Government approves the space for the beneficial occupancy. Prior to occupancy, Lessor shall broom clean all space. 10. PARKING: At no additional cost to the Government, the Lessor shall provide a minimum of 30 total parking spaces. The parking area shall consist of 20 spaces for employee parking, 5 visitor parking spaces and 5 spaces for Government vehicles. All parking shall be adjacent to the building and well lit. The Lessor shall maintain the parking areas in good repair and provide snow and ice removal. 11. LIGHTING: Modern, diffused, energy efficient (T-8 or better) fluorescent fixtures shall be provided maintaining a uniform lighting level of 50 foot candles at working surfaces. Emergency lighting must provide at least 0.5 foot candles of illumination throughout the exit path, including exit access routes, exit stairways, or other routes such as passageways to the outside of the building. Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 12. CEILINGS: Ceilings must have acoustical treatment with a flamespread of 25 or less and smoke development rating of 50 or less. 13. FLOOR LOAD: Office area shall have a minimum live load capacity of 75 pounds per square foot unless specified otherwise. 14. AMERICAN DISABILITIES ACT: The building, the leased space, and parking lot shall be accessible to the handicapped in accordance with the American Disabilities Act of 1993, and all applicable state and local accessibility laws and regulations. 15. RESTROOMS AND DPJNKING FOUNTAINS: Separate toilet facilities for men and women shall be provided on each floor where the Government leases space. Water closets and urinals shall not be visible when the exterior door is open. Each toilet room shall contain toilet paper dispensers, soap dispensers, paper towel dispensers, waste receptacles, a coin operated sanitary napkin dispenser with receptacle for each women's toilet, disposable toilet seat cover dispensers, a convenience outlet, and hot and cold water. (The Government will advise if additional facilities are required.). The lessor shall provide a minimum of one chilled drinking fountain on each floor where the Government leases space. 16. WINDOW COVERING: All exterior windows shall be equipped with draperies, shades, or blinds. At anytime during the lease term and at no additional cost to the Government, the Lessor shall repair or replace existing blinds, shades, and drapes, as may be required and resulting from fair wear and tear during the Government's occupancy of the leased premises. 17. CARPET: Floors will be carpeted with a commercial grade of carpet meeting the following specifications: a. Pile yarn content: Continuous filament soil -hiding nylon, wool/nylon, or olefin combinations. b. Carpet pile construction: Level loop, textured loop, level cut pile, or level cut/uncut pile. 4 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas c. Pile weight: 28 ounces per square yard minimum. d. Secondary back: Synthetic fiber or jut for glue -down installation. e. Total weight: 64 ounces per square yard minimum. f. Flammability: In all areas except exits, carpet must have a critical radiant flux (CRF) of 0.22 or greater with a specific optical density not over 450. Carpet in exits must have at least a CRT of 0.50. Carpet passing the Consumer Products Safety Commission FFL-70 (Pill test) is acceptable for office areas. It may also be used in corridors that are protected by automatic sprinklers. g. Static buildup: 3.5 KV maximum with built-in static dissipation is recommended; "Static -controlled" is acceptable. Lessor shall provide a minimum of five color samples for selection. The Contracting Officer prior to installation must approve the sample and color. The Lessor may make no substitutes after sample selection. Carpet must be installed in accordance with manufacturing instructions to lay smoothly and evenly. 18. CARPET REPLACEMENT: At no additional cost to the Government, the Lessor shall replace carpeting at any time during the lease when: - Backing or underlayment is exposed - There are noticeable variations in surface color or texture Replacement includes moving and return of furniture ,with the exception of computer equipment. 19. INTERIOR PAINTING OF LEASED PREMISES: Prior to occupancy all surfaces must be newly painted in colors acceptable to the Government. All surfaces must be repainted after working hours at lessor's expense at least every 5 years. This includes removal and return of all furniture with the exception of computer equipment. 20. DOORS: 5 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas Exterior doors shall be weather tight, equipped with cylinder locks and door checks, automatic door closures and open outward. The Government will be furnished at least two master keys and two keys for each lock. Interior doors must be solid cord and least 30 by 80 inches with a minimum opening of 32 inches and of sturdy construction. Fire doors shall conform to NFPA Standard No. 80. As designated by the Government, doors shall be equipped with non -removable hinge pins, and "Best" locks with 7-pin removable cores. The Government shall provide cores. SECTION B - SERVICES, UTILITIES AND MAINTENANCE 21. SERVICES AND UTILITIES PROVIDED BY LESSOR: The Lessor shall provide to the Government, as part of the rental consideration, the following: a. Heating, air conditioning, and ventilation that provide for the comfortable occupancy of the premises. Temperatures will be thermostatically controlled to maintain a temperature of 72-76 degrees Fahrenheit. These temperatures must be maintained throughout the leased premises and service areas, regardless of outside temperatures_, during the Government's normal hours of operation. b. Water: Fresh and potable chilled water through the Lessor's owned and maintained drinking fountain available to the premises occupied by the Government. Potable hot and cold water shall be furnished for use by the Government in the Lessor's owned and maintained male and female toilet facilities available to the leased premises. c. Sewage: Plumbing and sewage system adequate to provide waste disposal for the Lessor's owned and maintained toilet facilities and for waste drains within the leased premises. d. Waste Disposal: The Lessor shall dispose of all paper or trash collected and ranoved from the leased premises. e. Gas service: The Lessor shall furnish gas service as part of the rent. f. Electrical power: The Lessor shall furnish electrical service as part of the rent. 22. SERVICES AND UTILITIES PROVIDED BY THE GOVERNMENT: Janitorial services and supplies: The Government shall contract for janitorial services and supplies under separate commercial contract. 23. OPERATING COSTS: C1 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas Beginning with the second Government fiscal year, October 1, 2000, of the lease term and each year thereafter, the Government may pay adjusted rent for changes in the Lessor's operating costs attributable to the Government's occupancy. Operating Costs to be adjusted under this article are restricted to utilities and services consisting of i?as, electric, water, sewer, trash and security system monitoring_ This cost will be based on the ratio of square feet occupied by the Government to the total rentable square feet in the building. The costs may be renegotiated upon written notice by the Lessor to the Government within sixty (60) days after the end of the first Government fiscal year. The amount of adjustment will be determined using a certified statement of actual operating costs for the 12-month period immediately preceding the request, which must be furnished by the Lessor to substantiate the increase requested. Only one adjustment will be made in a 12-month period and will become effective 30 days from receipt of notice, but no earlier then the first day of October of the adjustment year. Upon approval of request by the Contracting Officer, both parties will enter into a supplemental agreement to the lease changing only that portion of the rent designated as operating cost, for the following 12 months. In any event, any additional payments for operating costs shall not exceed three percent (3%) in any 1 year. Utilities and services shall be included in the base year rental rate of $15.00 per square foot per annum. Of the base year rental rate, bare rent is $12.00 per square foot per annum and operating costs are $3.00 per square foot per annum. 24. MAINTENANCE: The Lessor is responsible for total maintenance of the leased premises in accordance with Article 4 of the General Clauses. Such maintenance includes site and access roads, as well as repairs. All building equipment and systems shall be maintained to provide reliable service without unusual interruption, safety hazards, uncomfortable drafts, excessive air velocities, or. unusual emission of dirt. The Lessor's maintenance responsibility includes initial and replacement supplies of all items. All maintenance work will be done in accordance with applicable codes, and inspection certificates will be displayed as appropriate. 25. GROUNDS MAINTENANCE: The Lessor shall maintain in good condition landscape plants and lawns. The Lessor shall also remove snow and ice from parking areas around the premises, prior to and during the Government's normal operating hours. 26. PEST CONTROL: The Lessor shall exterminate and control pests within the premises as required by the Government. F Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas SECTION C - SAFETY AND FIRE PREVENTION 27. PORTABLE FIRE EXTINGUISHERS: . Portable fire extinguishers shall be provided, inspected, and maintained by the lessor in accordance with NFPA Standard No. 10. 28. HAZARDOUS MATERIALS: The leased space shall be free of all asbestos -containing material, PCB's, Radon, and other environmentally hazardous substances. If environmentally hazardous substances or conditions are found, the Lessor shall immediately correct such conditions, at no cost to the Government, or permit the Government to terminate the lease and vacate the premises, if remedial costs are excessive. SECTION D - SPECIAL BUILDOUT REQUIREMENTS The following are specific requirements. Unless otherwise specified, all other areas shall be built Class "A" finish out criteria. 29. ALTERATIONS AND REFURBISHMENT: The building and interior office space will be altered and refurbished per the attached drawing and scope of work designated Exhibit "A" and `B" respectfully. 30. OFFICES: All office areas and rooms shall have adequate electrical outlets. There shall be a minimum of one electrical outlet on each wall, one LAN outlet per office and one telephone outlet per office. 31. BREAKROOM: Existing breakroom shall have new tile and walls shall be painted. New base and wall mounted kitchen type cabinets with counter top, sink, hot and cold water and disposal is required. Adequate electrical outlets for countertop appliances and refrigerator are required. Hot water tank shall be replaced. 32. SECURED COMPUTER LAN ROOM: Due to high heat load of computer equipment, secured computer LAN shall be provided with supplemental air conditioning equipment. Room shall also have a security lock. 8 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 33. CONFERENCE ROOM: Due to large number of people present at meetings, separate HVAC controls for this room are required. There shall be a minimum .of one electrical outlet on each wall. One LAN outlet, one regular telephone outlet. One wall telephone outlet is also required. Lessor shall install phone outlet boxes with pull strings for later installation by Government's phone contractor. 34. GOVERNMENT CUSTOMER AIRCRAFT PARKING: The Lessor shall provide the airport apron located adjacent to the existing building as an aircraft tie -down area for Government visitors and customers SECTION E - MISCELLANEOUS 35. NET USABLE SPACE: Net usable space is the method of measurement for the area for which the Government will pay a square foot rate. It is determined as follows: If the space is on a single tenancy floor, compute the inside gross area by measuring between the inside finish of the permanent exterior building walls from the face of the convectors (pipes or other wall -hung fixtures) if the convector occupies at least 50 percent of the length of exterior walls. If the space is on a multiple tenancy floor, measure from the exterior building walls as above and to the room side finish of the fixed corridor and shaft walls and/or the center of tenant - separating partitions. In all measurements, make no deductions for columns and projections enclosing the structural elements of the building and deduct the following from the gross area including their enclosing walls: Toilets and lounges Stairwells Elevators and escalator shafts Building equipment and service areas Entrance and elevator lobbies Stacks and shafts, and Corridors in place or required by local codes and ordinances. Unless otherwise noted, all references in this solicitation to square feet shall mean net usable square feet, (nusf). z Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 36. HOLDOVER: If, after expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a day-to-day basis not to exceed 90 days. Rent shall be paid monthly in arrears on a prorated basis at the rate paid during the lease term. 37. PLANS: Thirty days after occupancy, lessor must submit reproducible as built floor plans to a scale of 1/8" showing rented space and identifying entrances, exits, stairs, windows, partitions, closets, etc. and a site plan identifying parking. 38. UNAUTHORIZED NEGOTIATING: In no event shall the Lessor enter into negotiations concerning the space leased or to be leased with other than the contracting officer or his designee. 39. WIRING FOR TELEPHONES: The Government reserves the right to provide its own telephone service in the space to be leased. It may have inside wiring and telephone equipment installed by the local telephone company or a private contractor. Alternately, the Government may wish to consider using inside wiring provided by the building, if available. However, the final decision will remain with the Government. 40. INSTALLATION OF ANTENNAS CABLES AND OTHER APPURTENANCES: With prior written approval form the Director of Airports, the Government shall have the right to install, operate and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Government. 41. DELIVERY. AND CONDITION: Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit. The Government reserves the right to determine when the space is ready to occupy. 42. LIABILITY: With regard to any liability which may arise from the use and/or operation of this facility, each party expressly agrees that it shall be solely and exclusively liable for the negligence of its 10 Lease No. DTFA07=00-L-00760 Flight Standards District Office Lubbock, Texas own agents, servants, and/or employees and that neither party looks to the other to save or hold it harmless for the consequences of any negligence on the part of one of its own agents, servants and/or employees. Neither party is hereby waiving any rights or protection it presently enjoys by reason of any applicable State of Federal law. 43. CONFLICTS: To the extent of any inconsistency between the provisions of this lease, and any schedule, attachment, rider, or exhibit incorporated in the lease by reference or otherwise, or any of the Lessor's rules and regulations, the provisions and conditions of this lease shall control. 44. INTERPRETATION OR MODIFICATION: No oral or written statement or any person other than the Contracting Officer shall modify or otherwise affect the terms or meaning of this contract. All requests for interpretation or modification shall be made in writing to the Contracting Officer. 45. SUBLEASE: The Government reserves the right to sublease the space covered under this lease to another agency or private party. In subleasing this space to another party the Government is not relieved from it's responsibilities under the terms of this lease, unless otherwise agreed upon with the Lessor. 46. CONTRACTING OFFICER'S REPRESENTATIVE: Prior to occupancy all questions pertaining to the lease should be referred to the Contracting Officer or a designee. The Government assumes no responsibility for any costs incurred by the Lessor except as provided by the terms of this lease or authorized in writing by the Contracting Officer or her designee. After so notified in writing by the Contracting Officer, the Lessor shall address all questions concerning this lease to the Flight Standards District Office Manager who has been appointed the Contracting Officer's Representative for the administration of this lease, as written. 47. ERECTION OF SIGNS: With prior written approval form the Director of Airports, the Government shall have the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Government's facility. Said signs so erected will remain the property of the Government and shall be removed from the premises upon termination of the Lease. 48. NON -RESTORATION: 11 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 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 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 by the Government to the Lessor in writing. 49. 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: Airport Manager Lubbock International Airport Route 3, Box 389 Lubbock, TX 79401 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, TX 76193-0054 (End of Special Lease Provisions) 12 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock,Texas CORPORATE CERTIFICATE I, Kaythie Darnell certify that I am the City Secretary of the Corporation named in the foregoing agreement, that why 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 27th day of May , 19 99 Signed by yt Darnell, City Secretary CORPORATE SEAL Ka 13 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas GENERAL CLAUSES U. S. GOVERNMENT LEASE FOR REAL PROPERTY 1. ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT: Payments by the Government under this lease, may be made by check or electronic funds transfer (EFT) at the option of the Government. If payment is made by EFT, the Government may, at its option, also forward the associated payment information by electronic transfer. EFT refers to funds transfer and information transfer. The Government is not required to make any payment under this lease until after receipt, by the designated payment office of the correct EFT payment information. However, until January 1, 1999, in the event the lessor certifies in writing to the payment office that the lessor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other than EFT. For any payments to be made after January 1, 1999, the lessor shall provide EFT information. Prior to the first payment under this lease, the lessor shall provide the information required to make lease payment by EFT, directly to the Government payment office named in this lease. A single bank or financial agent must be designated, capable of receiving and processing the electronic funds transfer using the method below. In the event that the EFT information changes, the lessor shall be responsible for providing the changed information to the designated payment office. The lessor shall pay all fees and charges for receipt and processing of EFTS. The Government will make payments by EFT through an Automated Clearing House (ACTT) however, the Federal Reserve Wire Transfer System may be used at the Government's option. The following information is required for ACH transfers: a. Lease number to which this notice applies. b. Lessor's name and remittance address, as stated in the lease. c. Signature, title, and telephone number of the lessor official authorized to provide this informaticm.. d. Name, address, and 9-digit Routing Transit Number of the lessor's bank or financial agent. e. Lessor's account number and type of account (checking, saving, or lockbox). The Lessor agrees that the Lessor's bank or financial agent may notify the Government of a change to the routing transit number, lessor account number, or account type. (1/97) 2. INSPECTION: The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. The Government shall have the right to perform sampling of suspected hazardous conditions. 14 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 3. DAMAGE BY FIRE OR OTHER CASUALTY: If the building is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased space is untenable as determined by the Government, the Government may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. 4. MAINTENANCE OF THE PREMISES: The Lessor shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenable condition. 5. FAILURE IN PERFORMANCE: In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may, deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute a default by the Government on this lease. 6. DEFAULT BY LESSOR Each of the following shall constitute a default by Lessor under this lease: (a) If the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the Government with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time, (b) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Contracting Officer, following Lessor's receipt of notice thereof from the Contracting Officer, (c) Repeated failure by the Lessor to comply with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. 'If a default occurs, the Government may, by written notice to the Lessor, terminate the lease in whole or in part. 7. ALTERATIONS: The Government shall have the right during the existence of this liease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. It is mutually agreed and understood, that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that the Government shall have the option of abandoning alterations in place, when terminating the lease, at no additional cost. 8. 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 arising from it. However, this clause does not apply to this lease to the extent that this lease is made with a corporation for the corporation's general benefit. 15 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 9. 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 price or consideration, or otherwise recover the full amount of the contingent fee. 10. ANTI -KICKBACK: The Anti -Kickback Act of 1986 (41 U.S.C. 51-58)(the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the lease price charged by a Lessor to the United States or in the lease price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 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 a 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. (Promulgated by SW, 9/98) 12. EXAMINATION OF RECORDS: The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until three (3) years after final payment under this lease, have access to and the right to examine any of the Lessor's directly pertinent books, documents, papers, or other records involving transactions related to this lease. 13. FIRE AND SAFETY REOUIREMENTS: The building shall, as required by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained in accordance with NFPA No. 13A, have electrically supervised control valves (NFPA No. 13), and have water -flow alarm switches connected to automatically notify the local fire department (NFPA No. 71) or central station (NFPA No. 71). The notification of the fire department or central station shall be accomplished through the building fire alarm system. Regardless of code requirements when the leased space (including garage areas under lease by the government) is on the 6th floor and above, or below grade, sprinklers are required. A manual fire alarm system shall be provided, maintained, and tested by the lessor in accordance with NFPA Standard No. 71 and 72 in buildings which are three (3) or more stories in height or contain more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically 16 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas supervised and automatically notify the local fire department and conform with NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall be maintained in accordance with the manufacturer's recommendations. Portable fire extinguishers shall be provided, inspected, and maintained by the Lessor in accordance with NFPA Standard No,. 10. 14. WARRANTY OF SPACE: a. Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Lessor warrants that all space leased to the Government under this lease, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) . requirements of the Toxic Substance Control Act. The Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. b. If either ACMs or PCBs are found to be in the leased space the Government reserves the right to require the Lessor, at no cost to the Government, to take whatever corrective action as might be required by the Toxic Substance Control Act. c. If the Lessor fails, after receipt of notice, to make correction within the specified period of time, the Government shall have the right to make correction and charge to the Lessor the costs occasioned to the Government or terminate the lease agreement at no cost to the Government. d. The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by the law and under this contract. e. Definitions. (1). "Acceptance," as used in this clause means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction," as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Government, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor shall adhere to the Government's required post - asbestos -abatement air monitoring program. (ii) With regard to non -friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs; it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. 15. OSHA REQUIREMENTS: The Lessor shall provide space, services, equipment, and conditions that comply with Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 CFR 1910 and 1926). 17 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 16. RADON: Radon levels in space leased to the Government shall not equal or exceed the EPA action level for homes of 4 picocuries per liter (PCl/L). if radon levels are found to be at or above 4 PCl/L, the Lessor shall develop and promptly implement a plan of corrective action. 17. INDOOR AIR QUALITY: The Lessor shall control contaminants at the source and/or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as follows: CO-9 parts per million (PPM) time weighted average (TWA - 8-hour sample); CO2 - 1,000 PPM (TWA; HCHO - 0.1 PPM (TWA). The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The Government is responsible for addressing IAQ problems resulting from its own activities. 18. SECURITY: Lessor shall provide sufficient security for the premises to prevent illegal or unauthorized entry and loitering. 19. SUBORDINATION NONDISTURBANCE AND ATTORNMENT: The Government agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such insubordination shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government, provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 20. NO WAIVER -- No failure by the Government to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future. 21. INTEGRATED AGREEMENT: This lease, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this lease. 18 Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas 22. ASSIGNMENT OF CLAIMS: Pursuant to the assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under this lease. 23. COMPLIANCE WITH APPLICABLE LAWS: The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or lessor, or both, of building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. This lease shall be governed by Federal law. 24. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 25. EQUAL OPPORTUNITY: The Lessor shall have on file affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2). 26. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS: The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. If the Lessor does not comply with.the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. 27. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS: The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793)(the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (End) 19 LEGEND fly NEW CCNSTRLICTION = EX6TWG CONSTRUCTION C TELEPWONP OUTLET 4 LAN OUTLET MANAGER 250 BF OFFICE OFFICE A55T. MANAGER 06 6F m SF A] 9F CORRDOR 493 SF OFFICE � DS 9P 1 8QEAK RM rn ev TELE g o OFFICE 142 Ef OFFICE I75 SF %F U 9 APs STORAGE u� m Sr OFFICE no SF S SF g l� OFFICE 06 5F 1 `cw �-Lj CCRRDOR m sF LAN RM OFFICE STORAGE no SF 110 SF 116 sF CLERICAL AREA 679 8F RECEPTIM eF OFFICE OFFICE m By STOR. 37 9F OFFICE IV5p EXIST. BOLER MECH. RM. OFFICE 0} BM STOR. to. N U z� W U NOTE, VESTBLLE FELD VERIFY ALL EXGTNG ELECTRICAL u7 6F OIUTLET5 - T1ERE SHALL BE A MNY" OF CNE OUTLET PER WALL N EACH OFFICE, FLOOR PLAN SCALE, I/8" - f-O' f a• s K o rr m ac x N co k� Lease No. DTFA07-00-L-00760 Flight Standards District Office Lubbock, Texas SPACE REQUIREMENTS FOR LUBBOCK FSDO OFFICE SPACE: 1. Install new partitions as shown on Exhibit "A" providing for three new offices a conference room and a storage room. 2. Paint all interior walls, doors and doorjambs in colors to be chosen by Government. 3. Conference room shall have absorbing wall covering. 4. Manager and assistant manager's rooms shall have wood paneling removed and replace will wallpaper and paint of their choice. 5. Conference room, manager's office and assistant manager's office shall have a chair rail to protect walls. 6. New carpet is required through out the space except where new tile is designated. Replace cove molding. 7. Provide curtains on windows in the managers offices and conference room. 8. Break room requires new cabinets, sink, water heater and new wiring. 9. Rest rooms require new cabinets, sinks, floor tile, and general repair. 10. Remove existing shelves in the current storeroom and place where in room to be designated. 11. Rearrange or -add interior light fixtures to insure 50-foot candles of light at working desk level. 12. Renovate HVAC to provide balanced temperature and clean air level through out the premises. 13. Restore outside of building: • Repair and paint outside metal flashing. • Caulk glass bricks. • Remove old light fixture brackets. • Make existing lights operational to promote nighttime safety and security. • Remove rust in the foyer. • Repair outside stucco walls. • Prevent birds from nesting and making mess on sidewalks. 14. There are fire safety concerns regarding rear exit into fenced area. Discuss options with the Contracting Officer. - 15. Security: Install Best Lock and cores on all six exterior doors. 16. Install intrusion detection system with motion sensor,and glass breakage alarm. 17. Install wire mesh slab to slab between FAA occupied and unoccupied portion of the building. 18. Install computer network cables and outlets as shown on Exhibit A. 19. Move computer -switching units from telecom room into LAN room and provide wall mounted shelves for said switching units. Exhibit B