Loading...
HomeMy WebLinkAboutResolution - 2000-R0177 - Lease - USA - Outer Marker Site, Runway 26 - 06/20/2000Resolution No. 2000-RO177 June 20, 2000 Item No. 24 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 this 20th day of June _,2000. WINDY SITT , MAYOR APPROVED AS TO CONTENT: of Aviation APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Dh/Ccdocs/outennarkersUSA June 12, 2000 U.S. Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 Resolution No. 2000 80177 June 20, 2000 Item No. 24 Lease No. DTFA07-01-L-00881 Outer Marker (OM) Site, Runway 26 Lubbock International Airport Lubbock, Texas LEASE Between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this 20th day of June , in the year two thousand, by and between the CITY OF LUBBOCK, TEXAS, whose address is: Route 3, Box 389, Lubbock, Texas 79401 for itself or its successors, and assigns, hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: For the term beginning October 1, 2000, and ending September 30, 2001, 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 N89°56'05"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 July8, 1985, identified as Exhibit "A," attached hereto and made a part hereof. Lease No. DTFA07-01-L-00881 Outer Marker (OM) Site, Runway 26 Lubbock International Airport Lubbock, Texas (a) Together with a right-of-way for ingress to and egress from the premises; 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 the 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, with the Lessor's prior written approval, which will not be unreasonably withheld. (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, with the Lessor's prior written approval, which will not be unreasonably withheld, 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. RENEWAL OPTION: 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 options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (30) days' notice that it will not exercise its options, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 2010. 3. CANCELLATION: The Government may terminate this lease at any time by giving at least 30 days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. 4. RENT: 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 the facilities upon the premises hereby leased. 01 Lease No. DTFA07-01-L-00881 Outer Marker (OM) Site, Runway 26 Lubbock International Airport Lubbock, Texas 5. NON -RESTORATION: 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. It is further agreed 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. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 6. 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. 7. 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. 8. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 3 Lease No. DTFA07-01-L-00881 Outer Marker (OM) Site, Runway 26 1 Lubbock International Airport Lubbock, Texas 9. QUIET ENJOYMENT: 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. 10. OFFICIALS NOT TO BENEFIT: 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. 11. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease 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 lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 12. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within six months after the accrual of the contract dispute. The contracting officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor references the matter to the FAA Office of Dispute Resolution for Acquisition. Information relating to submitting a dispute will be provided by the Contracting Officer, upon request. 13. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and its successors and assigns. 4 Lease No. DTFA07-01-L-00881 Outer Marker (OM) Site, Runway 26 Lubbock International Airport Lubbock, Texas 14. NOTICES: All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: City of Lubbock Route 3, Box 389 Lubbock, Texas 79401 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW -54 Fort Worth, TX 76193-0054 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF LUBBOCK, TEXAS By: WINDY SITTO Title: Mayor ATTEST/SEAL: Kaie Darnell Cit Secretary APPROVED AS TO CONTENT: Qa'-Ear 1 e rector of Aviation THE UNITED STATES OF AMERICA By: W £- Sharon E. Wynn Title: Contracting Officer APPROVED AS TO FORM: ,William de Haas Competition and Contracts Manager/Attorney 6772 ■ Lease No. DTFA07-01-L-00881 Outer Marker (OM) Site, Runway 26 Lubbock International Airport Lubbock, Texas CORPORATE CERTIFICATE I, Kaythie Darnell , certify that I am the City Secretary of the Corporation named in the foregoing agreement, that Windy Sitton who signed said agreement on behalf of said corporation, was then Mayor thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 20thday of June , 2000. CORPORATE SEAL Signed by ' Kaythi Darnell City retary C Resolution No. 2000-R June 20, 2000 County Road 4'.4%S' Guard Post N 19%29'k24' / UR Extended , Dip Section at DNch 0 CUP �J• �T- Outer No Wr Sits - Cow" Road S. R.O.W. Line 91 _ q WW' 092 .� -- -- P4 \{\s,ad 62 u JL 1L o/ VICINITY MAP / 2000' 0 2000' 4000' A�-- SCALE IN FEET Ck."D" Fema (4 Wkel SW- T462-1DU.XITS. % % XWA Sw. Fu.d 2T.90'30A ....c44_OYY-4Y/2. t so Camino. Locator Ground / Counbrpolse,Ses Dog. \ SW-D-9115- \ 86 1 /i 6'61/ 0uto, Mi LL Antanm 4 N GmMd 5 Fl 3M ink Class.'FRou. "F" Feme(i LMk, 72" Fabric k 9 9 M / 4' Walk Gain s\ Need 8CY.TopDln9 Malerkl \ �Oh Pnrkl,p Area \ �/ Gravel Surfacetl per— parkin, Areo ti 5' 1 I Down Lead 6 Poet Rey 26 Estanded Cu. Flat Tap "T" Antema, Center / On Ground Count roots4- Vs. 60. Poi. Set T#' Do*J� Crassa . 50 Above Gmun 1. 1 ukas5u5Gy For - / In Area, 1 � Grovel Surfr., -'e Road, See DW -- SW-D-9492 X % X X Clean,Clean,"D" Form, 1 Covered Site (Fenced Ared) 3"talkhs. Nate 2. SITE PLAN_ TOTAL GR READING 0.99 OHMS to' 3' 0 ro' 20, 30'. • = 3/4 XI0' GR ROD SCALE IN FEET M •�� ///✓/ Corner Borne ASeetUan 63. / u4, N 13.41 AC. _ NOTES I. Installed I" Rigid PVC C,Mult With Poll Wire From Campo. Loaalor Antenna Mount And Stubbed lip 6"Inside Shelter 2.14cded Entire Fenced Site Smmth AM SlerilieM And ,aeroe'Wer Covered With Caliche Far Weed Control. c, R REFERENCE DRAWINGS Typical Site Details SW-D-9661-10 E,uipment Shelter Foundation Details 9W-49661-12 Marker Antanm Tower Foundation Details SW-0-9661-I I Class "D" Force Details D-566 Class "F" Fence Details SW-E-4522 Terminal Pole SW-0-7462-1 A... Road B Porhkq Area - Typical Nestle SW-D-9492 Flat Top "T" Compass Locator Antanm D-4890 Compass Locator Ground Counterpoise SW-0-9115-2 SITE INFORMATION .Latitude: 33. 39'45.44" Longitude: ro1•43' 21.03" Site Elevation: 3197 MSL Silo Looked By: City Of Lubbncil, Tesae Power By: S oth MGM Ekot. Coop From This Point The N.E. Corner Of Sectlon 65, Blook A Beare North, 973.92' Sr East 236417' �� Surveyed By JOHN N. WILSON, RWiskred Public Surveyor M 232. Lubback, Texas OETAIL'W' 200' 0 200' 400' SCALE IN FEET DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTMTION IFIUNV y 26) OUTER MARKER/COMPASS LOCATOR SITE AMWAY Foucn." U Genii� _ 9nr.We SW-0-959S-5 1 ew ran..... „ os-rl e, ........ EXHIBIT "A"