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HomeMy WebLinkAboutResolution - 221 - Lease - FAA - Outer Marker Plot, Sec 28 Block D Abstract 729 - 07_26_19793 JCR: b RESO #221 - 7/26/79 ` 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 Department of Transportation F.A.A., for Lease No. DOT-FA79SW-1177 for the Outer Marker plot the City of Lubbock acquired for use by the F.A.A., 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 26th day of July ,1979. ORWIMMUMOM kTEST - '-Evelyn Gaf��gaj City Setra� f�J-Treasurer "APPROVED'AS TO.,CONTENT: Marvin Coffee, Dire of Aviation APPROVED AS TO FORM: C_ !2.-- i _,a 47 &fin C. Ross, Jr., City Attorney DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION P. O. BOX 1689 p p FORT WORTH, TEXAS 76101 s 'o��NlStt*1p JUN 2 2 1979 Mr. Marvin W. Coffee Director of Aviation Lubbock Regional Airport Route 3, Box 389 Lubbock, Texas 79401 Re: Lease No. DOT-FA70SW-1008 (renewal Lease No. DOT-FA79SW-1177) Outer Marker site Lubbock, Texas Dear Mr. Coffee: Enclosed are the original and four copies of Lease No. DOT-FA795W-1177 to cover the Outer Marker plot the City of Lubbock acquired for use by 'tile Federal Aviation Administration. 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 r6aining copies may be kept for your records. Your courtesy and cooperation in this matter are appreciated. Sincerely, 41K - �� EFFIE M. BING Contracting Officer, ASW-56A.2 Enclosure TO: FROM: SUBJECT: DEPARTMENT OF AVIATION MEMO John Ross, City Attorney DATE: July 13, 1979 Marvin Coffee, Director of Aviation Resolution Please prepare a resolution for Lease No. DOT-FA79SW-1177 for the Outer Marker plot the City of Lubbock acquired for use by the F. A.A. If the lease is in order, please approve as to form. Thank you. cc: City Secretary �E3 ... TIED TO RESO #221 — 7/26/79 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOMMIST V=0i rORT V0=0. Ta 76101 LEASE between CITY OF IUE, TE 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 Ltxbb, Tes tubbock ftional Airport whose address is R*ute 3r Box $89 Lubbock* Terms 79401 Lease No.: DOT-709SW-1177 Outer Mork+nr Site Lubbock, Texas for lsvel f 1 its %Vop/ fp/ f tiAW fop/isuccessors, and assigns, hereinafter called the Lessor and the UNITED STATES of AMERICA,hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning July l,, I979 and ending June 30, 1980the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: A tract of I=d more particularly deseribad as follow: Beginning at the southeast corner of the southwest quarter of Section 28, Black D. Abstract 729, Lubbock County, Tees, which is near the center of the existing county road, proceed westerly along said county road a distante at 459 feet; thence proceed uorth 40 feet to the Point of Beginning thence proceed vest 100 feet to s point; thence north 55 feet to a point; 'thence east 100 feet to a paint; thence south 55 feet to the Point of BeginaLng., said 'tract containing55,500 sire feet, more or less„ as provided for in Partition Veed dated It April 1969 and recorded In Vol. 12000 page 559 is peed Recards of Lubbock Coua,tyl Tares. All bearings axe true, as more particularly dumm on Drawing No. DR.'4-D-5122-5 attached hereto and made a part hereof. ApproxiInstely 0.12 acre, FAA FORM 4423-2 Pg. 1 (8-76) Supersedes Previous Edition 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 June, 1989 3. The Government shall pay the Lessor no COUsideratioa to the norm of rentalp it bed mutually agreed that the right& extended to the Covert herein am in emeWdratLon of the obligations seamed by the Goverwent in its estahliehment, opEeratioa,, *ad maintenance of facilities YfMl 1WNH4Vf 4F1rH j upon the premises hereby leased. 4. The Government may terminate this lease, in whole or in part, at any time 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. 5. The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor by written notice at least niaety(90) days before the date of expiration or termination requests restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as may be mutually agreed upon, either (1) restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under ;FAA FORM 4423-2 Pg. 2 (8-76) Supersedes Previous Edition Lease No.:-PA79SWr1177 der Harker Site Lubbock, Te=s this lease or any preceding lease (changes to the premises in accordance with paragraph L(a), L(b) and 1.(c) above, ordinary wear and tear, damage by nature elements and by circumstances over which the Government has no control, excepted) or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Clause 6 of this lease. 6. (a) Except as otherwise provided in this Lease, any dispute concerning a question of fact arising under the Lease which is not disposed of by agreement shall be decided by the Contracting Officer who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary, Department of Transportation. The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Lessor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessor shall proceed diligently with the performance of the Lease and in accordance with the Contracting Officer's decision. (b) This clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above; PROVIDED, That nothing in the Lease shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 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, Te=s,, Lubbock Regional Airport„ Route 3. &sic 3891, Lubbock. Te=s# 79401 To the Government: Federal AVLgt1CM Adminictratim, P. 0. Sox 1689; Fort Worths, Texas, 76101 FAA FORM 4423-2 Pg. 3 (8-76) Supersedes Previous Edition r Y• Lease No.: Wr-FA79SW-1177 otter Meer Site 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: 12. The Covert +claime ao ni ral rights on the leased property arA restricts itself to surfice rights. 12. in the preamble the words nheir+e„ executors, adminUtrators" ,are deleted. TA Article 2 "AND VRCMED FURTM, that adequate appropriations ere available fr m year to year for the payment of rentals." Le deleted. In ,Article 3 the portions 'rental for the premises in the twunt of" and "for the term set forth In Article 12above, and" are deleted, and the portion beginning "per and ending "or vouchers." is deleted. 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 , recorded in Liber ---------- ------- —--- --------------- , 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) CITY OF LUB , I S "My.-p-10-k------- X__ ----------- -------- --- (Lessor) - Mayor - (Lessor) (Lessor) (Lessor) (Lessor) APPROVED AS TO CONTENT: THE UNITED STATES of AMERICA M rvin W. Coffee Director of Aviation Titles._.__JContrnct1ng__0ffirrer------------------- - ----- _----- ---------------- -APPryu� FAA FORM 4423-2 Pg. 4 (8-76) Supersedes Previous Edition Sohn --Co Boss. if., MA�0610 . Leases no. Dar-Wgw -1177 Outer iwk6 r bites tubbock, Texas it EVELYN GAFFGA a certify that I a the: Secretary- Treasurer City of Lubbock, Texas IiWratwfy of the Csrps Ms ® !a they attathed lease; that City of Lubbock DIRK WEST vho signed said lease on behalf of said CK t, was then Mayor thereof; that oaid lease was duly signed for o municipality is behalf of said by authority of its goveraing body„ and is within the scope of its c M orate powers. Dated this 26th day 0f July or 1979. By: E ELYN GA GA City Secretary -Treasurer WINGS 10 NI 1T wy 'y S t s € #-.- z awed [ 4 s E -. S -s Y� `ux, P. 'a = -' - N £ a.a- � a l '-=-d L'S i* -. e $ M Y i� d `-"`.,' € -s' x- sy `red;, _.`- P ry d�a 1 h asmo x eoM ! 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