HomeMy WebLinkAboutResolution - 2010-R0216 - Lease For Outer Marker Site, Runway 26 - 05/13/2010Resolution No. 2010-R0216
May 13, 2010
Item No. 5.20
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Lease between the City of
Lubbock and the United States of America, for Outer Marker Site, Runway 26, and
related documents. Said lease is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on May 13, 2010
77�� bi4;47
TOM ARTIN, MAYOR
ATTEST:
ebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Loomis, Assistant City Manager
)r of Aviation
APPROVED AS TO FORM:
Weaver, Assistant City Attorney
Res.Land Lease -USA
April 23, 2010
LAND LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
and
CITY OF LUBBOCK, TEXAS
Lease No: DTFASW-I0-L-00218
(LDT) Outer Marker (OM)
Lubbock, Texas
THIS LEASE is hereby entered into by CITY OF LUBBOCK, TEXAS whose address is 1625 13`" Street,
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: (Aug -02)
The Lessor hereby leases to the Government the following described property, hereinafter referred to as the
premises, viz:
OUTER MARKER (OM) SITE, RUNWAY 26
An 0.412 acre tract of land out of Section 65, Block A, Lubbock County, Texas, and being more
particularly described as follows:
Beginning at a 3/8 -inch iron rod set in the West R.O.W. line of the Fort Worth and Denver
Railroad for the Northeast and beginning corner of this tract, whence a found railroad spike the
Northeast corner of Section 65, Block A, bears North, 973.92 feet and East, 2364.17 feet; Thence
N89056105"W at 44.62 feet pass a 3/8 -inch iron rod, continuing for a total distance of 179.42 feet
to a 3/8 -inch iron rod set for the Northwest corner of this tract; Thence South at 60.00 feet pass the
centerline of the East-West runway of Lubbock International Airport Extended East, continuing for
a total distance of 120.00 feet to a 3/8 -inch iron rod, set for the Southwest corner of this tract;
Thence S89°56'05"E, 120.00 feet to a 3/8 -inch iron rod, set in the West R.O.W. line of the Fort
Worth and Denver Railroad, for the Southeast corner of this tract; Thence N26°21'00"E, along the
West R.O.W. line of the Fort Worth and Denver Railroad, at 66.9 feet pass a 3/8 -inch iron rod the
centerline of the East-West Runway of the Lubbock International Airport Extended East,
continuing for a total distance of 133.8 feet to the place of beginning. The outer marker site is
more particularly shown on Drawing SW -D-9598-5, revised July 8, 1985, identified as Exhibit
"A," attached hereto and made a part hereof.
1 Initials: �� 6
Lessor v't
DTFASW 10-L-00218
(LDT) Outer Marker (OM)
Lubbock, Texas
A. Together with a right-of-way for ingress to and egress from the premises;(For Government Employees, their
Agents and Assigns) 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 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: (Aug -02)
To have and to hold, for the term commencing on October 1, 2010 and continuing through September 30, 2020
inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals.
payable in arrears at the end of each month until the amount accrued by the end of the month has been fully paid.
3. CONSIDERATION (NO COST): (Aug -02)
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 facilities upon the premises hereby leased.
4. HOLDOVER:
If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall
continue in force and effect on a month-to-month basis. Rent shall be paid in accordance with the terms of the
lease, in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the
Government shall have signed a new lease with the Lessor, acquired the property in fee or vacated the leased
premises.
5. CANCELLATION: (Aug -02)
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 30 days before the effective termination
date.
2 Initials: �—
Lessor ov't
DTFAS W 10-L-00218
(LDT) Outer Marker (OM)
Lubbock, Texas
6. QUIET ENJOYMENT: (Oct -96)
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.
7. NOTIFICATION OF CHANGE IN LAND TITLE: (Aug -02)
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 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
legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights.
8. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT: (Oct -96)
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 subornation 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 Real Estate Contracting Officer, and shall promptly
execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership.
9. NOTICES: (Oct -96)
All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows:
TO LESSOR: TO GOVERNMENT:
City of Lubbock Department of Transportation
1625 13`h Street Federal Aviation Administration
Lubbock, TX 79401 Real Estate and Utilities Group, ASW -53
2601 Meacham Blvd.
Fort Worth, TX 76137
3 Initials: IlAo-1 .965
v't
DTFAS W 10-L-00218
(LDT) Outer Marker (OM)
Lubbock, Texas
10. CONTRACT DISPUTES: (Nov -03)
All contract disputes arising under or related to this lease contract shall be resolved through the Federal Aviation
Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and
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. A Lessor may seek review of a final FAA decision only after its administrative remedies
have been exhausted.
A. All Contract Disputes shall be in writing and shall be filed at the following address: Office of Dispute
Resolution for Acquisition, AGC -70, Federal Aviation Administration, 800 Independence Ave., S.W., Room 323,
Washington, DC 20591, Telephone: (202) 267-3290, Facsimile: (202) 267-3720; and
B. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the
lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA.
The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be
provided by the RECO.
11. ANTI -KICKBACK: (Oct -96)
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 Government or in the contract price charged by a subcontractor to a prime
contractor or higher tier subcontractor.
12. COVENANT AGAINST CONTINGENT FEES: (Aug -02)
The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract
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 contract without liability or, in its
discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the
contingent fee.
13. OFFICIALS NOT TO BENEFIT: (Oct -96)
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.
14. NON -RESTORATION: (Oct -96)
It is hereby agreed between the parties, that upon termination of its occupancy (due to termination or expiration
of the lease), the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
4 Initials:
Lessor 66v't
DTFAS W 10-L-00218
(LDT) Outer Marker (OM)
Lubbock, Texas
property which is the subject matter of this lease. It is further agreed that the Government may abandon in place
any or all of the structures and equipment installed in or located upon said property by the Government during its
tenure. Such abandoned equipment shall become the property of the Lessor.
15. 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 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.
16. 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.
17. HAZARDOUS SUBSTANCE CONTAMINATION:
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility
premises that is found to have occurred as a direct result of the installation, operation, relocation and/or
maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate or have
remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility
premises. The Airport also agrees to save and hold the U.S. Government harmless for any and all costs, liabilities
and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that
are not directly attributable to the installation, operation, and/or maintenance of the facility.
18. LEASE SUCCESSION: (Aug -02)
This lease succeeds Lease No. DTFA07-01-L-00881 and all other previous agreements between the parties for
the leased property described in this document.
19. The following clause is incorporated by reference:
The full text clauses can be found via Internet at http://fast,faa.gov/RealPropertyandFacilities.
1. PROTEST: (Nov -03)
2. PAYMENT BY ELECTRONIC FUND TRANSFER: (Oct -06)
3. CENTRAL CONTRACTOR REGISTRATION -REAL PROPERTY: (Oct -06)
5 Initials:
Lessor ov't
20. SIGNATURE BLOCK: (Aug -02)
IN WITNESS WHEREOF, the parties hereto have signed their names:
CITY OF LUBBOCK, TEXAS:
By:
Tom Martin
Mayor
UNITED STATES OF AMERICA:
By: C(20
an C. Blanco
C-Intracting Officer
ATTEST/SEAL:
'Q'"i , —< ;)�
Rebec a Garza
City Secretary
APPROVED AS TO CONTENT:
A..- P�' cDh�-�
ame W. Loomis
it for of Aviation
6
Date:
DTFASW 10-L-00218
(LDT) Outer Marker (OM)
Lubbock, Texas
13, 2010
Date: 5 R'5 10
APPROVED AS TO FORM:
Chad Weaver
Competition and Contracts Manager/Attorney
Initials:
Lessor v't
DTFASW 10-L-00218
(LDT) Outer Marker (OM)
Lubbock, Texas
MUNICIPAL CERTIFICATE
If agreement is made with a State, County, Municipality or other public authority, the following certificate shall
be executed by an authorized official:
I, Rebecca Garza certify that I am the City Secretary of the City of Lubbock, Texas
named in the foregoing agreement; that Tom Martin, who signed said agreement on behalf of said Public
Authority was then Mar of that Public Authority and said agreement was duly signed for and in
behalf of said City of Lubbock, Texas by authority of its governing body, and is within the scope of its powers.
Rebec a Garza, City Secretary
(Authority Seal)
7 Initials:
Lessor v't
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VICINITY MAP
2000' 0 2000' 4000'
iia
SCALE IN FEET
44.64'
FD R.R Spike KE.
Carhsr Section 65,
Block A
From Thls Point The N.E. Corner
of Section 65, Block A Bears
North, 9T3.92' & East 2364.17'
55.n'
Surveyed By JOHN N. WILSON, Registered Public Surveyor
* 232, Lubbock, Texas
OETAIL "A"
200' 0 zoo' 400'
SCALE IN FEET
I 7-8-85 A5-BUILT(PERDATED,3-20-81)
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