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HomeMy WebLinkAboutResolution - 2004-R0436 - Lease Agreement For Outer Marker Site At Airport - 09_16_2004Resolution No. 2004-RO436 September 16, 2004 RESOLUTION Item No. 34 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 Agreement with the Federal Aviation Administration for an Outer Marker Site at Lubbock International Airport, 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 16th day of ATTEST: Reb cca Garza, City Secretary AS TO C W. Loomis, Director of Aviation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Lc: UATTY/Linda/RESOLUTIONS/Res-FAA-OM July 30, 2004 2004. UGAL, MAYOR Resolution No. 2004-RO436 September 16, 2004 Item No. 34 Lease No. DTFASW-05-L-00058 Outer Marker Lubbock International Airport Lubbock, Texas LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF LUBBOCK, TEXAS THIS LEASE is hereby entered into by CITY OF LUBBOCK, TEXAS, whose address is Route 3, Box 389, Lubbock, Texas 79401 hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, herein after referred to as the Government. This lease shall become effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein, bind the Lessor and the Lessor's administrators, successors and assigns: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: OUTER MARKER (OM) SITE 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 55 feet to the Point of Beginning, said tract containing 5,500 square feet or 0.12 acre, more or less, as provided for in a Partition Deed dated April 11, 1969, and Lease No. DTFASW-05-L-00058 Outer Marker Lubbock International Airport Lubbock, Texas recorded in Volume 1200, page 559 in Deed Records of Lubbock County, Texas. All bearings are true, as more particularly shown on Drawing No. DR-4-D-3122-5, revised August 3, 1979, identified as Exhibit "A," 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. 2. TERM. To have and to hold, for the term commencing on October 1, 2004 and continuing through September 30, 2014, inclusive. 3. CANCELLATION: The Government may terminate this lease, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by registered mail, return receipt requested and mailed at least thirty (30) days before the effective termination date. 4. CONSIDERATION: 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. 2 Lease No. DTFASW-05-L-00058 Outer Marker Lubbock International Airport Lubbock, Texas 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 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. 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 7. FUNDING RESPONSIBILITY 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. 8. 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. Lease No. DTFASW-05-L-00058 Outer Marker Lubbock International Airport Lubbock, Texas 9. 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. 10. 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. 11. 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. 12. 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 contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 13. 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) Office of Dispute Resolution for Acquisition (ODRA). Said disputes shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. 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. C! Lease No. DTFASW-05-L-00058 Outer Marker Lubbock International Airport Lubbock, Texas A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Real Estate Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The Real Estate Contracting Officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA ODRA. The Real Estate Contracting Officer, upon request, will provide information relating to submitting a dispute. 14. SUBORDINATION NONDISTURBANCE AND ATTORNMENT: The FAA 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 subordination 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 FAA 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 Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 15. NOTIFICATION OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises, they shall immediately notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the "change in property rights." Concurrent with the written notification, the Lessor shall provide the Government copies of the notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 5 Lease No. DTFASW-05 -L-0005 8 Outer Marker Lubbock International Airport Lubbock, Texas 16. EXAMINATION OF RECORDS: The Comptroller General of the United States, the Administrator of the FAA, or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 17. LEASE SUCCESSION: This lease succeeds lease DTFASW-05-L-00058 and all other previous agreements between the parties for the leased property described in this document. 18. 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. 19. MINERAL RIGHTS: The Government claims no mineral rights on the leased property and restricts itself to surface rights. 20. NOTICES: All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: TO LESSOR: CITY OF LUBBOCK, TEXAS Lubbock International Airport Route 3, P.O. Box 389 Lubbock, Texas 79401 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, Texas 76193 2 Lease No. DTFASW-05-L-00058 Outer Marker Lubbock International Airport Lubbock, Texas IN WITNESS WHEREOF, the parties hereto have signed their names. CIT) mm TITLE Mayor TAX ID NUMBER: 1-75-6000590-6 THE UNITED STATES OF AMERICA DATE: September 16, 2004 BY: DATE Glen D. Batts TITLE: CONTRACTING OFFICER ATTEST/SEAL: Rebecca Garza, City Secrebary APPROVED AS TO CONTENT: Ja4es W. Loomis, Director of Aviation 7 q 3 0- �-j- APPROVED AS TO FORM: Linda L. Chamales Senior Attorney- Office Practice Section Lease No. DTFASW-05-L-00058 Outer Marker Lubbock International Airport Lubbock, Texas CORPORATE CERTIFICATE I, Rebecca Garza , certify that I am the City Secretary of the Corporation named in the foregoing agreement, that Marc McDougal 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 16th day of September , 2004. Signed by — Rebe ca Garza CORPORATE SEAL City Secretary n