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HomeMy WebLinkAboutResolution - 1058A - Lease Agreement - FAA - Facilities, LIA - 03_25_1982RESOLUTION 10584- 3/25/82 4P, JS:mck RF.g07.1TT70W WHEREAS, the Airport Board recommends to of LEASE NO. DTFA07-83-L-01011, which renews DOT-FA73SW-1029 due to expire June 30, 1982, the FAA; NOW THEREFORE: the City Council the approval LEASES NO. DOT-FA72SW-1240 and between the City of Lubbock and 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, Lease No. DTFA07-83-L-01011 with the Federal Aviation Administration for facilities at Lubbock International Airport, which lease attached herewith 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. Passed by City Council this 25th day of Marcb, j 1982. BI McALISTER, MAYOR ATTEST: 1yn Gaf ga, ity S e Treasurer APPROVED AS TO CONTENT: Marvin Coffee, Dir or of Aviation APPROVED AS TO FORM: Jdan Sherwin, Assistant City Attorney i RESOLUTION 1054- 3/25/82 g2 �R v U.S. Department of Transportation Federal Aviation Administration SOUTWEST REGION POST OFFICE BOX 1689 FORT VOM9 TX 76101 LEASE between CITY OF LUBBOCK, TEXAS and THE UNITED STATESOF AMERICA This LEASE, made and entered into this in the year one thousand nine hundred and iightYAND (I W) by and between City of Lubbock, Texas Route Ss box 201 whose address is Lubbock: 'TX 794M Lease No A07-83- RTR-Right y-ALS/ 1011 RTAOCAVE6 Site/ TASI Ri t./REIL E26/ RYR/RBC/ILS/RW17R/ QASI-F tML/YASI4tW26 Lubbock Regional Airport Lubbock TX day of �?ifiu for itself, its hWAWW V1"Hi 2V1 successors, and assigns, hereinafter called the Lessor and the UNITED STATES of AMERICA, hereinafter called the Government: WITNESSETH:;,The parties hereto for the considerationhereinafter mentioned covenant and agree as follows: 1. For the term beginning July l s 1982* and ending September 30, 19 $Zs the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: (See pages le and lb attached hereto and Made a part hereof) FAA FORM 4423-2 Pg. 1 (8-81) Supersedes Previous Edition Lease No.: OTFA07-83-L=0.1011 RTR-Right-of-Way-ALS/ RT/LOC/GWG Site/ VASI RW35L/REIL-RW26/ RVR/RBC/ILS/RW17R/ VAST-RW08L/VAST-RW26 Lubbock Regional Airport Lubbock, TX LOCALUER: From the northeast corner of the northwest quarter of Section 10, Block A, Lubbock County, Texas, at a fence corner and the Point of Beginning go south 1320 feet, more or less, to fence corner; thence west 605 feet with fence line; thence north 255 feet; thence east 575 feet; thence north 1065 feet, more or less; thence east 30 feet to the Point of Beginning and containing 4.28 acres out of northwest quarter of Section 10, Block A, Lubbock County, Texas. Bearings are true. As more particularly shown in red on FAA Drawing SW-E-9027-1A dated 5/11/77 attached hereto and made a part hereof. A. No structure or obstruction within.750 Feet of the antenna shelter or within the 250 segment. B. Any structure or obstruction between 750 feet and 1000 feet of the antenna shelter shall be limited to 10 feet in height. ALG-GS-MM-RVR-RBC: Approach Lighting System (ALS), Glide Slope (GS), Middle Marker MN , Runway Visual Range System [RVR), and Rotating Beam Ceilometer (RBC) adjacent to Runway 17R on Lubbock Regional Airport, as more particularly shown in red on FAA Drawing SW-E-9027-lA dated 511117.7 attached hereto and made a part hereof. VASI's: A 4-box Visual Approach Slope Indicator (VAST) adjacent to Runway 35L, a Visual Approach Slope Indicator (VAST) adjacent to Runway 08L and a Visual Approach Slope Indicator (VAST) on Runway 26, including the right to install, operate, and maintain power and control cables thereto, as more particularly shown in red on FAA Drawing SW-E-9027-lA dated 5/11/77. REIL: A Runway End Identifier Lights (REIL) adjacent to Runway 26, as more particularly shown on FAA Drawing SW-E-9027-1A dated 5/11/7.7. ENGINE GENERATOR SITE: A tract of land located on the Lubbock, Texas, Regional Airport, Lubbock County, Texas, and more particularly described as follows: From the southernmost corner of the Administration Building go southwesterly 770 feet; thence SE 15 feet to a Point of Beginning; thence SE 55 feet; thence SW 60 feet; thence NW 55 feet; thence NE 60 feet to the Point of Beginning and containing 0.07 acre, more or less. Bearings are true. Page la Lease No.: DTFA07-83- L-01011 RT R -Right -o f -Way-AL S/ RT/LOC/GS/EG Site/ VASI RW35L/REIL-RW26/ RVR/RBC/ILS/RW17R/ VASI-RW08L/VASI-RW26 Lubbock Regional Airport Lubbock, Texas REMOTE TRANSMITTER SITE: Commencing at the northwest corner of Section 28, Block "A," Lubbock County, Texas, a point in the east right-of-way fence line of U.S. Highway No. 87, thence south along fence line 1400 feet to a point, said point being the point of beginning of the tract herein described; thence east 15Q feet; thence south 100 feet; thence west 143.74 feet to a point; thence 6o32`55" 55.16 feet; thence N00002'W, 45.20 feet to the point of beginning. An area containing 0.336 acres more or less. All bearings shown are true, as more particularly shown in red on FAA Drawing SW-E-9027-IA dated 5/11/77. REMOTE TRANSMITTER SITE: A 0.918 acre tract of land lying and being in the Lubbock Regional Airport property, Lubbock County, Texas, and more particularly described as follows: Starting at the southwest corner of the most northerlK Federal Aviation Administration remote transmitter lease tract, go Sll 00'E, a distance of 455.5 feet to a point; thence S79900"W, a distance of 555.2 feet to the POINT OF BEGINNING which is the northeast corner of said 0.918 acre tract of land; thence S11000'E, a distance of 200 feet to a corner; thence S79000'W, a distance of 200 feet to a corner; thence N11000'W, a distance of 200 feet to a corner; thence N790001E, a distance of 200 feet to the said POINT OF BEGINNING containing 0.918 acre. All bearings are magnetic, as more particularly shown in green on FAA Drawing SW-E-9027-1A dated 5/11 /77 . ACCESS ROADWAY: A 30-foot right-of-way, the centerline being as follows: Beginning at the northeast corner of the proposed FAA 0.918 acre least plot which is the POINT OF BEGINNING for said proposed 0.918 acre lease tract; thence S11o00'E, a distance of 105 feet to a point which is the beginning point of the said proposed FAA access road; thence N79000'E, a distance of 1160.0 feet to a point, said point lies in the centerline of the existing road and also being the terminal point of said proposed FAA access road, containing .799 acre. All bearings are magnetic, as more particularly shown on FAA Drawing SW-E-9027-1A dated 5/11/7.7. Page lb 1 DTFA07-83-L 01011 L&•-Regfonal Airport 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 expiration 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 renew�,llhereofi�� iris;-,QOVI��D, that no renewal thereof shall extend the period of occupancy of the premises beyond the .i day OiSep erg .y $ equaie appi S13'n �o'ai' ns are `avai a e from'yearfo`yearTor 3. The Qovernaept IT gay�he Less r r aft/fli'e� hft' 'ahANSextended f f no monetary consideration In form of ren 1, L n9 auc Ica y afire i r to the Government herein are in consideration of the obligations assumed by the Government in its easeden4nce of facilities upon the premises hereby each annual renewal_exercised-hy-thc--Governme er. ayments shall be made in arrears at the end of each 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. .3. i ne uovernment snail surrenaer possession of the premises upon the sate on expiration or termination on tnis — If the Lessor by written notice at least days before the date of expiration or termination rgquesi5 restoration of the premises, the Government at its option shall within ninety (90) days after such expira ' • r termination, or within such additional time as may be mutually agreed upon, either (1) restore the pre 5mjas good condition as that existing at the time of the Government's initial entry upon the premises under t e or any preceding lease (changes to the premises in accordance with paragraph I.(a), L(b) and L(c) a r inary wear and tear, damage by nature elements and by circumstances over which the Governme o control, excepted) or (2) make an equitable adjustment in the lease amount for the cost of such anon of the premises or the diminution of the value of the premises if itnrestored, whichever is less. a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agree . reto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning t<=question -of-f ra withrrrih� trt�dning o a FAA FORM 4423-2 Pg. 2 (8-81) Supersedes Previous Edition Lease N .: OTFA07-S3-UT' 01011 LubboCk-Regional Airport Lubbock, Texas 6. (a) This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. (c) (i) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of lease terms, or other relief, arising under or relating to this lease. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (iii) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. (d) For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. (e) For Lessors claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. - (f) The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. (g) The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. (h) Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365 or 366 day year, whichever applies. (i) Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 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 consideration, the full amount of such commission, brokerage, percentage, or contingent fee. FAA FORM 4423-2 Page 3 (8-81) Supersedes Previous Edition e NQ.: DTFA07-834: 'T�1 euwa Regional Airport Lubbock, Texas 9. All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of Lubbock, Route 3, Box 201 s Lubbock, TX 79401 To the Government: Impartment of Transportations Federal Aviation Administration* Southwest Regions Attn : ASV -5f , P.O. Box 1589, Ft. Vorth, TX 76101 10. This lease is subject to the additional provisions set forth below, or attached hereto and incorporated herein. These additional provisions are identifed as follows: Articles 11, 12 and 13 follow the signatory page and are attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF LUBBOCK, TEXAS As the holder of a mortgage, dated ................ , recorded in volume , 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) Approred asto' lmk -j--- - --- ---------'-- ---- ------------- (Lessor) _.:__--------Mitt-4z----- ------------------ — (Lessor) (Lessor) (Lessor) FAA FORM 4423-2 Pg. 4 (8-81) Supersedes Previous Edition Lease No. DTFA0743-L-01011 RTR - !tight -of -Way - ALS/ RT/LOC/GSrEG SITE/VASI, Rid 35L/ REIL - RN 26MR/REC/ILSAW 17R/ VASI - RW OeL/VASI - RW 26 LUBBOCK REGIONAL AIRPORT LUBBOCRi TEXAS 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 technical and/or operational eharacteriatics of the facilities will be at than expense of the airport owner; except, when aueh improvements or changes are made at the specific request of the Government. In the event such relocations, replaoamentsp or modifications acre necessitated dues to causes not attributable to either the: airport owner or the Government, funding, re,sDonsihility 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 Findings Equipment VOR, TVOR, and VORTAC (Instrument Approach) Weather Observing and Measuring Equip. (Owned and operated by FAA) Central Standby gowerpla.nt CLASS II FACILITIES Long FRnge Radar VOR and VOATAC ten route only) Air Route Traffic Control Centers ''light Service Station Remote Control Air -Ground Remote Communiestions Outlet Communication Fsacil tv Limited Remotes Communications Outlet Other En Route Facilities 12. PON-AESTORATIOPt It in 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 that the Government may tbandon in place any or all of the: structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abarn!onment will be conveyers to they Lessor in writing. Lams go. DTF107-83-L-01011 RTR - ftght-cif-Way - ALE/ RT/LOMS/EO SITE/VAST, RW 35L/ RFTL - RW 26MR/RBUILS/RW 17R/ VAST - Rat OSL/VASI RW 26 LUBBOCK REGIONAL AIRPORT LUBBOCK, TEXAS 13. ADDITTOM AND DFLETMNS: In the preamble the wards "heirs, esxccutorse administrators" are deleted. In Article 29 the portion beginning "AND PROVIDED FURTHER* and ending "of rentals." 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 the portion beginning; "per for" and ending "or v©ucheres@" are deleted. Article , is deleted. Articles 11, 12, and 13 were added hereto and :jade a part hercof prior to the signature of either party to this leasae. Leasc No. DTF'A07-63-01011 RTR - might -of -gray - ALSS/RT/LOC/GS/ EC Site/VASI - Run•.aay 35L/ RUL - Runway 26/RVR/RLC/ ILS - Runway 17R/ VAST - Runway 06L/VASI - Runway 26 Lubbock Regional Airport Lubbock, Texas COPPORATE CFFTIFICATE s* EVELYN GAFFGA . certify that I ai� the City Secretary -Treasurer Cit o Lubbock TTex of the Onrgia�x tasxna med iaa G foregoing, agreement, that Bill McAlister who signed said apreer nt an behalf of tail earporation, kas then Mayor thereof, that said agreement nt va3 duly s3Pned for and in behalf of said corporation by authority of its governing body, and it within tht soopc ©f its corporate po-oers. Dated this 2,.. Sth ._ dray of March Signed by ��.. VELYN GAVFGA City Secretary -Treasurer Lease No.: DTFA07-83-L-01011 RTR-Right-of-Way - ALS/ RT/LOC/GS/EG Site/VAST RW35L/REIL-RW26/RVR/RBC/ ILS/RW17R/VASI-RW08L/VASI- RW26, Lubbock Regional Airport, Lubbock, TX SURFACE TENANT'S CERTIFICATE I, the undersigned, as a surface tenant on the lands covered by this lease do hereby accept the conditions of said lease and pose no objections to its execution. KENNETH THEIL MAP IN FILE SEE RESOLUTION # �5