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Home My WebLink AboutResolution - 129 - Lease - FAA - Backcourse Fan Marker, 36Th Street And Globe Avenue, LRA - 04_12_1979RESO #129 - 4/12/79 V T?P.4Z07 7TTTOM II 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 Department of Transportation, F.A.A., for Backcourse Fan Marker, the location is 36th Street and Globe Avenue, 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. fl Passed by the City Council this 12th day of April ,1979. ATTEST;___ JFvelyn Gaf Kga,"City S r a -Treasurer -APPROVED AS TO CONTENT: Marva / Coffee, Direct f Aviation APPROVED AS TO FORM: n C. Ross, Jr., City Attorney -""` , - - - DIRK WEST, MAYOR DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION P. O. BOX 1689 a. FORT WORTH, TEXAS 76101 .: Sfr '"�) Z 1 f• � ��titSTRr� MAR 2 9 1979 Mr. Marvin W. Coffee Director of Aviation Lubbock Regional Airport Route 3, Box 389 Lubbock, Texas 79401 Re: License No. DOT-FA69SW-1578 Backcourse Fan Marker Lubbock Regional Airport Lubbock, Texas Dear Mr. Coffee: The referenced license will expire of its own terms on June 30, 1979, and the Government desires to enter into a renewal lease with basically the same terms and conditions as the previous agreement. An original and four copies of renewal Lease No. DOT-FA79SW-1123 are enclosed for your consideration. If this lease meets with your approval, please date it on page 1, have the appropriate official execute all copies, have the Corporate Certificate completed, and return the original and two copies to this office. The two remaining copies may be kept for your records. Your cooperation in this matter will be greatly appreciated. Sincerely, EFFIE M. BING Contracting Officer, ASW-56A.2 Enclosure TIED TO RESO. #129 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 Lease No.: DOT-FA79SW-1123 Backcourse Fan Marker LEASE Lubbock Regional Airport Lubbock, Texas between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA This LEASE, made and entered into this day of in the year one thousand nine hundred and seventy-nine (1979) by and between City of Lubbock, Texas Lubbock Regional Airport whose address is Route 3, Box 389 Lubbock, Texas 79401 for itself, its successors, and assigns, hereinafter called the Lessor and the UNITED STATES of AM ERICA,hereinafter called the Government: WITNESSETH:The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning July 1, 1979 and ending September 30, 19 79 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: A Backcourse Fan Marker site as more particularly shown on EXHIBIT "All attached hereto and made a part Hereof. FAA FORM 4423-2 Pg. 1 (8-76) Supersedes Previous Edition Lease No.: DOT-FA79SW-1123 Backcourse Fan Marker Lubbock, Texas a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights -of --way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights -of -way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expi- ration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30 day of September 19 89 ;AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. 3. The Government shall pay the Lessor 19WHANAWM/4A1e10lAh y kf no monetary con- sideration 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 /�/l�r,Vb►'tfi/4�A�t��Pa/��d�d�/ facilities upon the premises hereby leased. hbt POW NOW tY%W96/VYAK)WOMAYMWO1/R O" AWYV PAO9MOVO MA019flV4 4. The Government may terminate this lease, in whole or in part, at anytime by giving at least thirty (30 ) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. this lease. If the Lessor by written notice at least ninety (90) days befo Yon or termination requests restoration of the premises, the Govern within ninety (90) days after such expiration or termination, or ona time as may be mutually agreed upon, either (1) restore the premises to FAA FORM 4423-2 Pg. 2 (8-76) Supersedes Previous Edition Lease No.: DOT-FA79SW-1123 Backcourse Fan Marker Lubbock, Texas ordinary wear and tear, damage by nature elements and by circumstances over which rrtent has no control, excepted) or (2) make an equitable adjustment in the lease a e cost of such restoration of the premises or the diminution of the value of the premi re ,whichever is less. Should a mutually acceptable settlement be made hereunder, th enter into a supplemental agreement hereto effecting such agreement. Failure to a r equitable adjustment shall be a dispute concerning a question of fact within the meaning Lease which is not disposed of by agreement shall be decided by the Contracting Officer who shal d4i9; his decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The decis' a Contracting Officer shall be final and conclusive unless within 30 days from the date of recei ch copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written appeal d to the Secretary, Department of Transportation. The decision of the Secretary or his duly aulbefffeld representative for the determination of such appeals shall be final and conclusive unless deter a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so grossl eons as necessarily to imply bad faith, or not supported by substantial evidence. In connection wit appeal proceeding under this clause, the Lessor shall be afforded an opportunity to be heard and t evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessor shall igently with the performance of the Lease and in accordance with the Contracting Officer's in paragraph (a) above; PROVIDED. That decision of any 7. 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. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other considera- tion, the full amount of such commission, brokerage, percentage, or contingent fee. 9. All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of Lubbock, Texas, Lubbock Regional Airport, Route 3, Box 389, Lubbock, Texas, 79401 To the Government: Federal Aviation Administration, P. 0. Box 1689, Fort Worth, Texas, 76101 FAA FORM 4423-2 Pg. 3 (8-76) Supersedes Previous Edition G.i Lease No.: DOT-FA79SW-1123 Backcourse Fan Marker Lubbock, Texas 10. This lease is subject to the addition provisions set forth below, or attached hereto and incorporated herein. These additional provisions are identified as follows: Articles 11, 12, and 13 follow the signatory page. 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 By, ✓ ...._------.._..-. (Lessor) ____.__..._... _..._. , pages .______..._. , against the above -described premises, the undersigned hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. (Mortgagee) Title Mayor- ____ (Lessor) ._.__...._._.._ .__....._. .._.. (Lessor) --......._......_...-......_..._.......-...... _ (Lessor) APPROVED AS TO CONTENT: THE UNITED STATES OF AMERICA By 6 rE—M BING Ma Coffee, irec of viation Title s___.Contracting Officer APP OVED AS TO FORM: dofin Ross, City Attorney FAA FORM 4423-2 Pg. 4 (8-76) Supersedes Previous Edition (Lessor) Lease No. DOT-FA79SW-1123 Backcourse Fan Marker, Lubbock, TX. 11. FUNDING RESPONSIBILITY CLASS I'- II FACILITIES The airport owner agrees that any relocation, 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 tech- nical 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) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Visual Landing Aids Direction Finding Equipment VOR, TVOR, $ VORTAC (Instrument Approach) Weather Observing $ Measuring Equip. (Owned $ operated by FAA) Central Standby Power Plant CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Remote Control Air -Ground .Communication Facility 12. NON -RESTORATION: VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other en route facilities 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 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. Lease No. DOT-FA79SW-1123 Backcourse Fan Marker Lubbock, Texas 13. ADDITIONS AND DELETIONS: In the preamble the portion "heirs, executors, administrators," is deleted. In Article 3 the portions "rental for the premises in the amount of," "for the term set forth in Article 1 above and,"and, "per _ for each annual renewal exercised by the Government hereafter. Payments shall be made in arrears at the end of each without the submission of invoices or vouchers." are deleted. Articles 5, 6(a) and 6(b) are deleted. Articles 11, 12, and 13 were added hereto and made a part hereof to the signature of either party to this lease. 96KNIXU CERTIFICATE I, Evelyn Gaffga , certify that I am the City Secretary -Treasurer �crcxx�cas�a¢�t�i named in the foregoing agreement; that Dirk West , who signed said agreement on behalf of said Cit of Lubbock xgc;was then Mayor thereof; that said agreement Cit of Lubbock was duly signed for and in behalf of said carpa ation by authority of its governing body, and is within the scope of its corporate powers. -Dated this. 12th day of April 19 79 001M0BWE SEAL Signed by: City S cretary-Treasu 3 .4 %115, 1 1 U Q F40 w M. PC PC L va.wD PROPOSED W&TER F L dPPFZ0XlMoA,"rF_ ROUTE 0;= UUDcRGZo"Wo POWER CoNoullr A.0jo TILLCO SERVICtS TO MC.MKIE e.1 prwopost! o L-OCATIOIJ , OF FA," MAQKMR POLE 15 LOC A G LOT fr ZO 0 c C) 14S < r 7t c nr /0 i. 4V ENLARGED SKETCH ' Off' FAN MARKER SITE LOCATIO'ML LUS15OCKI r r-XA 5 1$10ir 3 A Fralb. szoll 1969 1 J. EXHIBIT "Am ..i