HomeMy WebLinkAboutResolution - 2020-R0054 - Land Lease Agreement With Federal Aviation Administration - 02_11_2020Resolution No. 2020-R0054
Item No. 7.15 I
February 11,2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, a Land Lease Agreement by and between the City of
Lubbock and the Federal Aviation Administration, in connection with an Outer Marker site and
facility, and related documents. Said Lease Agreement 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
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secret,
APPROVED AS TO CONTENT:
co
Kelly Campbell, A.A.
Executive director of Aviation
APPROVED TO FORM:
t first Assistant City Attorney
I
ecdocs"RES.Lease Agrmt-Outer Marker site and facility
December 26,2019
Resolution No. 2020-R0054
LAND LEASE
Between
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
CITY OF LUBBOCK, TEXAS
Lease No. 697DCM-20-L-00036
LDT) Outer Marker(OM)
Lubbock,Texas
SECTION 1 - OPENING
6.1.1 Preamble(JAN 2017)
This Lease is hereby entered into by and between City of Lubbock, Texas hereinafter referred to
as the Lessor and the United States of America, acting by and through the Federal Aviation
Administration, hereinafter referred to as the Government. The terms and provisions of this
Lease, and the conditions herein, bind the Lessor and the Lessor's heirs, executors,
administrators, successors, and assigns.
For purposes of this Lease, the terms Contractor and Lessor are interchangeable with each other.
6.1.2 Succeeding Lease (JAN 2015)
This Lease succeeds DTFASW-I0-L-00218 and all other previous agreements between the
parties for the leased property described in this document.
6.1.3 Witnesseth (JAN 2015)
Witnesseth: The parties hereto, for the consideration hereinafter mentioned covenant and agree
as follows:
6.1.4-1 Premises (FEB 2019)
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises:
Lease No.697DCM-20-L-00036
LDT)OM
Lubbock,Texas
OUTER MARKER, (OM) FACILITY SITE
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
N89056'05"W at 44.62 feet pass a 318-inch iron rod,continuing for a total distance of 179.42 feet
to a 318-inch 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 318-inch iron rod, set the West R.O. W. line of Fort Worth
and Denver Railroad, for the Southeast corner of the 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 318-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.
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, shall be reasonably determined by the Government as the most convenient route.
B. And the right of grading, conditioning, installing drainage facilities, seeding the soil of the
premises, and the removal of all obstructions from the premises that may constitute a hindrance
to the establishment and maintenance of Government facilities.
C. And the right to make alterations, attach fixtures,erect additions, structures, or signs, in or
upon the premises hereby leased. All alterations and additions are and will remain the property oftheGovernment.
SECTION 2 - TERMS
6.2.5 Term (AUG 2002)
To have and to hold, for the term commencing on October 1, 2020 and continuing through
September 30, 2040 inclusive, provided that adequate appropriations are available from year to
year for the consideration herein.
Federal Aviation Administration
Real Estate&Utilities Group
Land Lease Off Airport
Rev.08/2019
Page 2
Lease No. 697DCM-20-L-00036
LDT)OM
Lubbock,Texas
6.2.6 Consideration (JUL 2017)
The Government shall pay the City of Lubbock, Texas no monetary consideration in the form of
rental. It is 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.
6.2.7 Cancellation (JUL 2017)
The Government may terminate this Lease at any time, 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
specifyingthe effective date of the termination. The termination notice shall be delivered by
certified mail return receipt requested and mailed at least 30 days before the effective terminationdate.
6.2.14 Holdover(JUL 2017)
If after the expiration of the Lease, the Government shall retain possession of the premises,the
Lease shall continue in full force and effect on a month-to-month basis. Payment shall be made
in accordance with the Consideration clause 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 premises.
6.2.16 Lessor's Successors (JUL 2017)
The terms and provisions of this Lease and the conditions herein bind the Lessor and the Lessor's
heirs, executors,administrators, successors, and assigns.
SECTION 3 - GENERAL CLAUSES
3.2.5-1-RE Officials Not to Benefit(OCT 1996)
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share
or part of this lease, or to any benefit arising from it. However, this clause does not apply to thisleasetotheextentthatthisleaseismadewithacorporationforthecorporation's general benefit.
3.3.1-15-RE Assignment of Claims (OCT 1996)
Pursuant to the Assignment of Claims Act,as amended, 31 U.S.C. § 3727, 41 U.S.C. § 6305 the
Lessor may assign its rights to be paid under this lease.
Federal Aviation Administration
Real Estate&Utilities Group
Land Lease Off Airport
Rev.08/2019
Page 3
Lease No.697DCM-20-L-00036
LDT)OM
Lubbock,Texas
6.3.6 Funding Responsibility for FAA Facilities (JAN 2017)
The Airport agrees that any and all Airport requested relocation(s), replacement(s), or
modification(s) of any existing or future FAA navigational aid or communication system(s)
necessitated by Airport improvements or changes will be at the expense of the Airport. In the
event that the Airport requested changes or improvements interferes with the technical and/or
operational characteristics of the FAA's facility,the Airport will immediately correct the
interference issues at the Airport's expense. Any FAA requested relocation, replacement, or
modifications shall be at the FAA's expense. In the event such relocations, replacements, or
modifications are necessary due to causes not attributable to either the Airport or the FAA,
funding responsibility shall be determined by mutual agreement between the parties,and
memorialized in a Supplemental Lease Agreement.
6.3.18 Non-Restoration (JUL 2017)
It is hereby agreed between the parties that, upon termination of its occupancy(due toterminationorexpirationoftheLease), the Government shall have no obligation to restore
and/or rehabilitate, either wholly or partially, the property that is the subject of this lease,
including any holdover period. 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 theLessor.
6.3.25 Quiet Enjoyment (OCT 1996)
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.
6.3.28-2 Interference with FAA Operations (JAN 2017)
The Airport agrees not to erect or allow to be erected any structure or obstruction of any kind or
nature within the Airport's boundaries that the FAA determines may interfere with the proper
operation of the facilities installed by the FAA. The FAA and the Airport agree that such
action(s) would not be in the best interest of the Airport or the FAA.
6.3.33 Covenant Against Contingent Fees (AUG 2002)
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.
Federal Aviation Administration
Real Estate&Utilities Group
Land Lease Off Airport
Rev.0812019
Page 4
Lease No.697DCM-20-L-00036
LDT)OM
Lubbock,Texas
6.3.34 Anti-Kickback- Real Property (JAN 2017)
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58), 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.
6.3.35 Examination of Records (AUG 2002)
The Comptroller General of the United States, the Administrator of FAA or a duly authorized
representative from either shall, until three (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.
6.3.36 Subordination,Nondisturbance and Attornment(JAN 2017)
A. The Government agrees, in consideration of the warranties and conditions set forth in this
clause,that this Lease is subject and subordinate to any and all recorded mortgages, deeds of
trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal,
modification or extension thereof. It is the intention of the parties that this provision shall be self-
operative and that no further instrument shall be required to effect the present or subsequent
subordination of this Lease. Based on a written demand received by the RECO, the Government
will review and, if acceptable, execute such instruments as Lessor may reasonably request to
evidence further the subordination of this Lease to any existing or future mortgage, deed of trust
or other security interest pertaining to the premises, and to any water, sewer or access easement
necessary or desirable to serve the premises or adjoining property owned in whole or in part by
Lessor if such easement does not interfere with the full enjoyment of any right granted the
Government under this Lease.
B.No such subordination, to either existing or future mortgages,deeds of trust or other lien or
security instrument shall operate to affect adversely any right of the Government under this
Lease so long as the Government is not in default under this Lease. Lessor will include in any
future mortgage, deed of trust or other security instrument to which this Lease becomes
subordinate, or in a separate non-disturbance agreement, a provision to the foregoing effect.
Lessor warrants that the holders of all notes or other obligations secured by existing mortgages,
deeds of trust or other security instruments have consented to the provisions of this clause, and
agrees to provide true copies of all such consents to the RECO promptly upon demand.
C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any
such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of
foreclosure,the Government will be deemed to have attorned to any purchaser, purchasers,
transferee or transferees of the premises or any portion thereof and its or their successors and
Federal Aviation Administration
Real Estate&Utilities Group
Land Lease Off Airport
Rev.08/2019
Page 5
Lease No.697DCM-20-L-00036
LDT)OM
Lubbock,Texas
assigns, and any such purchasers and transferees will be deemed to have assumed all obligations
of the Lessor under this Lease, so as to establish direct privity of estate and contract between
Government and such purchasers or 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, fiuther, that the RECO and such purchasers or
transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of
foreclosure, execute all such revisions to this Lease, or other writings, as shall be necessary to
document the foregoing relationship.
D. None of the foregoing provisions may be deemed or construed to imply a waiver of theGovernment's rights as a sovereign.
6.3.37 Notification of Change in Ownership or Control of Land (JUL 2017)
If the Lessor sells, dies or becomes incapacitated, or otherwise conveys to another party or
parties any interest in the aforesaid land, rights of way thereto, and any areas affecting the
premises,the Government shall be notified in writing, of any such transfer or conveyance within
30 calendar days after completion of the change in property rights. Concurrent with the written
notification, the Lessor or Lessor's heirs, representatives, assignees, or trustees shall provide the
Government copies of the associated legal document(s) (acceptable to local authorities) for
transferring and/or conveying the property rights.
6.3.45 Contract Disputes -Real Property (JAN 2017)
All contract disputes arising under or related to this Lease will be resolved through the FAA
dispute resolution system at the Office of Dispute Resolution for Acquisition(ODRA) and will
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 will apply only to final agency decisions. A Lessor may seek review of a final
Government decision only after its administrative remedies have been exhausted.
All contract disputes will be in writing and will be filed at the following address:
Office of Dispute Resolution for Acquisition, AGC-70
Federal Aviation Administration
800 Independence Avenue, S.W., Room 323
Washington, DC 20591
Telephone: (202) 267-3290
A contract dispute against the FAA will be filed with the ODRA within two (2) years of the
accrual of the lease claim involved. A contract dispute is considered to be filed on the date it is
received by the ODRA.
Federal Aviation AdnUnistration
Real Estate&Utilities Group
Land Lease Off Airport
Rev.08/2019
Page 6
Lease No.697DCM-20-L-00036
LDT)OM
Lubbock,Texas
The full text of the Contract Disputes clause is incorporated by reference. Upon request the full
text will be provided by the RECO.
SECTION 8 - ENVIRONMENTAL OCCUPATIONAL SAFETY AND HEALTH
CLAUSES
6.8.1 Hazardous Substance Contamination (JUL 2017)
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 Lease. 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. FAA 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 facilities.
SECTION 10—CLOSING
6.10.1 Notices (JUL 2017)
All notices/correspondence shall be in writing,reference the Lease number, and be addressed as
follows:
TO THE LESSOR: TO THE GOVERNMENT:
City of Lubbock Federal Aviation Administration
1625 13`h Street Real Estate Branch, AAQ-920
Lubbock, Texas 79401 10101 Hillwood Pkwy
Fort Worth TX 76177
6.10.3 Signature Block(JUL 2017)
This Lease shall become effective when it is fully executed by all parties.
In witness whereof, the parties hereto have signed their names.
CITY OF LUBBOCK,TEXAS UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By: By:
Print Name: Daniel M ,.Pap— Gerald A. Watson
Title: mayor Real Estate Contracting Officer
Date: Febrilary 1 L 2020 Date:
Federal Aviation Administration
Real Estate&Utilities Group
Land Lease Off Airport
Rev.08/2019
Page 7
Lease No. 697DCM-20-L-00036
(LDT) OM
Lubbock, Texas
The full text of the Contract Disputes clause is incorporated by reference. Upon request the full
text will be provided by the RECO.
SECTION 8 - ENVIRONMENTAL OCCUPATIONAL SAFETY AND HEALTH
CLAUSES
6.8.1 Hazardous Substance Contamination (JUL 2017)
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 Lease. 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. FAA 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 facilities.
SECTION 10 — CLOSING
6.10.1 Notices (JUL 2017)
All notices/correspondence shall be in writing, reference the Lease number, and be addressed as
follows:
TO THE LESSOR:
City of Lubbock
1625 131h Street
Lubbock, Texas 79401
6.10.3 Signature Block (JUL 2017)
TO THE GOVERNMENT:
Federal Aviation Administration
Real Estate Branch, AAQ-920
10 10 1 Hillwood Pkwy
Fort Worth TX 76177
This Lease shall become effective when it is fully executed by all parties.
In witness whereof, the parties hereto have signed their names.
CITY OF LUBBOCK, TEXAS
By: ��jv
Print Name: Daniel M P0ne
Title: Mavor Y
Date: FPhn,� a� 1 20
Federal Aviation Administration
Real Estate & Utilities Group
Land Lease Off Airport
Rev. 08/2019
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL A IAT ON ADMINISTRATION
By. A), - c
Gerald A. Watson
Real EstatV C ntracting Officer
Date: 3
Page 7
Lease No. 697DCM-20-L-00036
(LDT) OM
Lubbock, Texas
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF
COUNTY OF 41th�
On this, the JAd day ofA0 —V '
r1 1 , 20i<before me, _noA��
the undersigned Notary Public, personally appeared Gerald A. Watson, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged that she
executed the same for the purposes therein contained.
apt W Y PLC'
C TERESA EMMONS
Notary ID # 7048296
My Commission Expires
October 19, 2020
STATE OF
j&4yr, 4907vll�
Notary Public
CERTIFICATE OF ACKNOWLEDGMENT
COUNTY 0t'l �(X,(/�
On this, the dayof
,-2ftf'+, before me,
the under*&v%)'-Totarlic, ersonally appeared
known to me to be the person whose name is subscribed to the foregoing
instrum nt and acknowledged that she executed the same for the purposes therein contained.
�O,PPY JENNIFER SOWDER CLEMENTS
Notary Public, State of Texas ary Public
Notary IN 124970F(A
oF� My Commission Expires 06.28-2020
PUBLIC AUTHORIZATION CERTIFICATE
On this day of 20, I certify that I am the
of the named in the attached agreement; that
who signed said agreement on behalf of the is
of said ; that said agreement was duly
signed for and on behalf of by authority of its governing
body, and is within the scope of its powers.
Signed
Federal Aviation Administration
Real Estate & Utilities Group
Land Lease Off Airport
Rev. 08/2019
Page 8
Lease No.697DCM-20-L-00036
LDT)OM
Lubbock,Texas
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF
COUNTY OF
On this, the day of 2019, before me,
the undersigned Notary Public,personally appeared Gerald A. Watson, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged that she
executed the same for the purposes therein contained.
Notary Public
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF_"
COUNTY OF
4)1Df daOnthis, the y of 244-9, before me,
the undersigned Notary Pu ic,personally appeared iw
known to me to be the person whose name is subscribed to the foregoinginstrumentdthesameforthepurposesthereincontaine .
JENNIFER SOWDER]CLEMENTS+
Notary Punic.StatNotaryIN1249MyCommissonExpireoaryPublic
PUBLIC AUTHORIZATION CERTIFICATE
On this day of 20 I certify that I am the
of the named in the attached agreement; that
who signed said agreement on behalf of the is
of said that said agreement was duly
signed for and on behalf of by authority of its governingbody, and is within the scope of its powers.
Signed
Federal Aviation Administration
Real Estate&Utilities Group
Land Lease Off Airport
Rev.0=019
Page 8
APPROVED AS
Mitch Sa hit Rt Assistant Cit AttorneyY
APPROVED AS TO CONTENT:
Kelly Campbell, Executive Director of Aviation
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U.S. Department
of Transportation
Federal Aviation Central Service Area 10101 HiIlwood Parkway
Administration Real Estate Branch,AAQ-920 Fort Worth,Texas 76177
NOV 2 0 2019
City of Lubbock
1625 IP Street
Lubbock, Texas 79401
Dear Ms. Shelley:
Subject: Expired Lease No. DTFASW-I0-L-00218
Succeeding Lease No. 697DCM-20-L-00036
LDT) Outer Marker(OM)
Lubbock, Texas
The Federal Aviation Administration's (FAA) Lease No. DTFASW-I0-L-00218 providing a
land site for a Outer Marker(OM) facility on your property in Lubbock, Texas expires on
September 30, 2020. The FAA has an ongoing need to occupy the premises.
Enclosed are three copies of Lease No. 697DCM-20-L-00036. As stated in the lease, this is
a no cost to the Government for a 20-year term.
Please have all copies signed, dated, complete the Public Authorization Certificate and
Certificate of Acknowledgement signed by a Notary and return all copies in the enclosed
postage paid envelope. When received, a fully executed copy will be returned to you for
your records.
If you require additional information, please contact me at 817-222-4289 or via email at
Gerald.Watson@faa.gov.
Sincerely,
Gerald A. Watson
Real Estate Contracting Officer
Enclosures (3)