HomeMy WebLinkAboutResolution - 2000-R0267 - Lease - US Air Force - 07/31/2000Resolution No. 2000-80267
July 31, 2000, Special
Item No. 3
RESOLUTION
WHEREAS, the Lubbock Police Department must aggressively
recruit and train to fill vacancies in the Lubbock Police Department in
order to maintain the functions of the Department; and,
WHEREAS, the Lubbock Police Department is in need of an
improved police academy facility for the training of police recruits and for
in service training; and,
WHEREAS, with the closure of Reese Airforce Base a building
that can provide space for an expanded and improved police academy has
become available; and,
WHEREAS, this Council has resolved that application be made
under the Federal Surplus Property Transfer Program for the transfer or
conveyance of surplus real and related personal property to include a
building, parking area, furnishings, and certain personal property located
at Reese Airforce Base, Building Number 76, Davis Drive, Lubbock
County, Texas, to be used as a police academy for the training of recruits
and for in service training and related uses; and,
WHEREAS, on January 28, 1999, the City Council resolved that
application be made under the Federal Surplus Property Transfer Program
for the transfer or conveyance of this property to the City of Lubbock,
Resolution Number 6169. On February 25, 1999, the City Council
authorized the Mayor to enter into a one year lease with the United States
Air Force. The Air Force has accepted the City's Application for a Public
Benefit Conveyance for law enforcement purposes. Upon compliance by
the Air Force with the requirements of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended (42
U.S.C. § 9620), and other legal and policy requirements, the Air Force
intends to convey to the City, subject to certain reservations, restrictions,
conditions and exceptions, for law enforcement purposes, the subject
property. The lease will secure the City's continued occupancy and use of
the subject property pending conveyance.
WHEREAS, it is desirable and necessary that the police academy
have continued access to this facility pending transfer of the property to
the City;
NOW THEREFORE 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 with the Department of the United States Air Force for
the lease of Building Number 76, Davis Drive, Lubbock County, Texas,
including parking area, furnishings and certain personal property located
thereat, for a period of five years with options to extend the term, and
related documents, said property to be used for police academy purposes.
A copy of the lease, with exhibits, is attached hereto and shall be spread
upon the minutes of the Council and as spread upon the minutes of the
Council shall constitute and be a part of the Resolution as if fully copied
herein.
Passed by the City Council this 31stday of July , 2000.
ALEX "TY" LOOKE, MAYOR PRO TEM
ATTEST:
J
i 2 11�..
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Kaythi Darnell,,City Secretary
APPROVED AT TO CONTENT:
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
a4Taluri, Assistant City Attorney
ACA USAF Iease.DOC
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Resolution No.
July 31, 2000,
Item No. 3
DEPARTMENT OF THE AIR FORCE
LEASE OF PROPERTY
ON FORMER REESE AIR FORCE BASE, TEXAS
Table of Contents
Page Number
Recitals
1
Leased Premises
2
CONDITIONS
2
1.
Term
2
2.
Easements and Rights -Of -Way
3
3.
Condition Of Leased Premises
3
4.
Rent
4
5.
Other Agreements
5
6.
Use Of Leased Premises
5
7.
Default and Termination
6
8.
Taxes
6
9.
Surrender Of Leased Premises
7
10.
Environmental Protection
7
11.
Maintenance of Leased Premises
13
12.
Damage To Government Property
13
13.
Access and Inspection
13
14.
General Indemnification by Lessee
14
15.
Insurance
14
16.
Compliance with Applicable Laws
17
17.
Construction and Alterations
18
18.
Utilities and Services
19
19.
Notices
20
20.
Assignments, Subleases and Licenses
20
21.
Historic Property
21
22.
Disputes
21
23.
General Provisions
23
24.
Restrictions on Use of Leased Premises
25
25.
Government Representatives and Their Successors
26
26.
Amendments
26
27.
Transaction Specific Provisions
26
28.
Liens and Mortgages
28
29.
Notice Of Hazardous Substances
28
30.
Reporting To Congress
28
31.
Exhibits
29
i
2000-80267
Special
161DY41MDIZ[GN307103005pali liffiZI
DEPARTMENT OF THE AIR FORCE
LEASE OF PROPERTY
ON FORMER REESE AIR FORCE BASE, TEXAS
THIS LEASE ("Lease") is made between the Secretary of the Air Force, on behalf of the
UNITED STATES of AMERICA acting through its Secretary of the Air Force ("Government"
or "Lessor") and the City of Lubbock, Texas, a Home Rule City, organized pursuant to Article
XI, Section 5 of the Texas Constitution existing under the laws of the State of Texas ("Lessee").
The Government and the Lessee may be referred to jointly as the "Parties and each separately
may be referred to as a "Party."
Recitals
A. The Lessee desires to acquire a portion of the lands comprising the former Reese Air
Force Base ("AFB"), Texas, and has submitted to the Air Force and the Department of Justice a
Lease Application to acquire those lands and improvements, together with certain personal
property thereon pursuant to which the Lessee has outlined a plan for continued use for education
and related purposes for the operation of a police academy for the recruiting of police officers
and for the continuing academic, technical, vocational and physical education of law
enforcement or City personnel, together with, but not limited to, such education as may be
required to maintain peace officer certification or other qualifications relating to government,
subject to all applicable provisions of this Lease.
B. The Air Force, pursuant to its authority under the Defense Base Closure and Realignment
Act of 1990, Pub. L. No. 101-510 (10 U.S.C. § 2687), to dispose of the real property and related
personal property comprising the former Reese AFB, has accepted the Lessee's Application for a
Public Benefit Conveyance for law enforcement purposes deemed appropriate by the duly
authorized representative of the United States Department of Justice ("DOJ") under the 1998
Justice Appropriations Act, Pub. L. 105-119.
C. Upon its compliance with the requirements of Section 120(h) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §
9620), and other legal and policy requirements, the Air Force intends to convey to the Lessee by
one or more quitclaim deeds the property identified in Exhibit "A", subject to certain
reservations, restrictions, conditions and exceptions, for law enforcement purposes deemed
appropriate by DOJ.
D. Pending such conveyance by deed of the property identified in Exhibit "A", the Lessee
desires to enter into immediate possession of such property and use, operate and maintain it,
subject to and in accordance with all of the terms and conditions set out in this Lease.
E. The Secretary of the Air Force is entering into this Lease under the authority contained in
10 U.S.C. § 2667.
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F. The Secretary of the Air Force has determined, in accordance with the authority contained
10 U.S.C. § 2667(f), that the surplus property hereby leased would facilitate State and local
economic readjustment efforts by providing new opportunities for commercial and industrial
redevelopment that will spur job creation and accelerate economic redevelopment, and leasing
such property pending its conveyance by deed will be advantageous to the United States and in
the public interest.
G. The Lessee is entering into this Lease under the authorities contained in Article 11,
Section 5, Texas State Constitution (providing for adoption of city charter); Texas Local
Government Code, Section 5.004 (providing that a municipality is a home -rule municipality if it
operates under a municipal charter adopted as authorized under Article 1.1, Section 5, Texas State
Constitution); City of Lubbock Charter, as amended, including Chapter 1, Article II (providing
that the City of Lubbock may take, hold and purchase lands within or without the city limits as
may be needed for city corporate purposes).
Leased Premises
NOW, THEREFORE, the Secretary of the Air Force, by virtue of the authority conferred by
law, for the consideration set out below, hereby leases to the Lessee the premises and property
consisting of certain lands with improvements thereon, comprising a portion of the former Reese
AFB and more particularly described in "Exhibit A" hereto and shown on Exhibit B hereto,
(collectively, "Leased Premises"), for use pending its conveyance by deed pursuant to the
Defense Base Closure and Realignment Act of 1990, Pub. L. No. 101-510.
THIS LEASE is granted subject to the following conditions:
Conditions
CONDITION 1
5
1.1. This Lease shall be for a term of FIVE (5) years, beginning upon the execution of the
Lease by the Parties ("Term Beginning Date") and ending with respect to any part or all of the
Leased Premises upon the conveyance and delivery of the deed for that part or all of the Leased
Premises to the Authority, or at midnight on the day which is FIVE (5) years from the Term
Beginning Date, whichever first occurs, unless sooner terminated in accordance with the
provisions of this Lease. The Lessee is granted the option to extend this Lease for up to five
additional automatic renewals for a like term as to any part of the Leased Premises for which a
deed of conveyance has not been executed by the expiration date of the primary term of this
Lease.
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CONDITION 2
EASEMENTS AND RIGHTS-OF-WAY
2.1. This Lease is subject to all outstanding reservations, easements, restrictions and rights
recorded and unrecorded for any purpose with respect to the Leased Premises, a list of such
known reservations, easements, restrictions and rights, upon current information and belief,
being attached as Exhibit C hereto. The holders of such easements and rights-of-way
("outgrants") shall have reasonable rights of ingress and egress over the Leased Premises,
consistent with Lessee's right to quiet enjoyment of them under this Lease, in order to carry out
the purpose of the outgrants. These rights may also be exercised by workers engaged in the
construction, installation, maintenance, operation, repair, or replacement of facilities located on
the outgrants and by any Federal, State, or local official engaged in the official inspection
thereof. The Government will not grant further easements or rights-of-way without the written
concurrence of the Lessee, which shall not be unreasonably withheld.
2.2. The United States and any successor or successors in interest in or to any property owned
or controlled by the Government and not included in the Leased Premises shall have the right of
access to and from such property or any portion thereof to the nearest public road or public way
along roadways open to public use and the use of the roadways described in Exhibit "A", in
common with other users of the Leased Premises, and all necessary and convenient rights of
access to such roadways from contiguous parcels upon such reasonable terms and conditions as
the Lessee may impose.
CONDITION 3
CONDITION OF LEASED PREMISES
3.1. The Lessee has inspected, knows, and accepts the condition and state of repair of the
Leased Premises. It is understood and agreed that they are leased in an "as is, where is"
condition without any representation or warranty by the Government concerning their condition
and without obligation on the part of the Government to make any alterations, repairs or
additions, except as may otherwise be set forth in this Lease or as required by Federal law or
regulation governing property disposal by the Federal Government. The Government shall not
be liable for any latent or patent defects in the Leased Premises, except as may be set forth in this
Lease or as may be required by Federal law or regulation governing property disposal by the
Federal Government. The Lessee acknowledges that the Government has made no representation
or warranty concerning the condition and state of repair of the Leased Premises nor any
agreement or promise to alter, improve, adapt, or repair them which has not been fully set forth
in this Lease or as required by Federal law or regulation governing property disposal by the
Federal Government.
3.2. Prior to the Term Beginning Date, the following reports will be prepared by the
Government and attached as exhibits:
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3.2.1. A physical condition report ("PCR") signed by representatives of the
Government and the Lessee, attached hereto as Exhibit "C". The PCR sets forth the agreed
physical appearance and condition of the Leased Premises on the Term Beginning Date as
determined from a joint inspection of them by the Parties.
3.2.2. An environmental condition report ("ECR"), signed by representatives of
the Government and the Lessee, attached hereto as Exhibit "D". The ECR sets forth those
environmental conditions and matters on and affecting the Leased Premises on the Term
Beginning Date, as determined from the records and analyses reflected therein.
3.3. At the expiration or earlier termination of this Lease, the following reports will be
prepared by the Government and attached as exhibits and made a part of the Lease within ten
(10) business days after the expiration of the Lease for that part or all of the Leased Premises
conveyed by delivery of a deed therefor to the Lessee, or the Lessee vacates the Leased Premises,
as the case may be:
3.3.1. An update of the PCR, signed by representatives of the Government and
the Lessee as Exhibit "C-1". The update of the PCR will set forth the agreed physical appearance
and condition of the Leased Premises on the ending date of the Lease as determined from a joint
inspection of them by the Parties.
3.3.2. An update of the ECR, signed by representatives of the Government and
the Lessee, as Exhibit "D-1 ". The update of the ECR will set forth those environmental
conditions and matters on and affecting the Leased Premises on the ending date of the Lease as
determined from the records and analyses reflected therein.
CONDITION 4
RENT
4.1. Consideration for this lease is for protection, preservation, and maintenance of the Leased
Premises pursuant to Condition 11 of this lease. Compensation in such case shall be made
payable to the Treasurer of the United States and forwarded by the Lessee direct to:
AFBCA/FM
Chief, Resource Management
1700 N. Moore St., Suite 2300
Arlington, VA 22209-2802
A copy of any payment instrument or transmittal letter shall also be sent to the Air Force Base
Conversion Agency ("AFBCA") Operating Location Site Manager, Reese AFB ("Site
Manager").
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CONDITION 5
OTHER AGREEMENTS
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5.1. Operating Agreement. The Operating Agreement attached hereto as Exhibit "E" is
incorporated into this Lease by reference. In the event of any amendment of the Operating
Agreement, the amended Operating Agreement will be deemed to be incorporated into this Lease
in lieu of the existing one.
5.1.1. In the event of any inconsistency between any provisions of the Operating
Agreement, as it presently exists or may be amended in the future, and any provisions of this
Lease, the provisions of this Lease will control.
CONDITION 6
USE OF LEASED PREMISES
6.1. The Leased Premises shall be used only for law enforcement and related purposes
deemed appropriate by the duly authorized representative of the United States Department of
Justice ("DOJ") under the 1998 Justice Appropriations Act, Pub. L. 105-119 and only so long as
such activities are consistent with the property disposal documents such as the Record of
Decision and Environmental Impact Statement referred to herein; subject to and in accordance
with all of the terms and conditions set out in the Final Environmental Impact Statement, and
Record of Decision, all identified in Condition 6.2 below.
6.2. The Lessee acknowledges that it has read the FEIS and the ROD and understands that the
operations described in the FEIS and ROD are the only ones that have been assessed in
compliance with the National Environmental Policy Act of 1969 ("NEPA") and, subject to the
provisions of Condition 6. 1, are the only ones that constitute permitted uses under this Lease.
The Lessee agrees that during the term of this Lease, any operation, type and quantity of
chemicals used or emissions caused by, employees, vehicle trips, or any other parameter
contained in the FEIS and ROD (collectively, "FEIS/ROD Parameters") which might have
environmental impact or are regulated by Federal or State environmental laws shall not be
exceeded. The FEIS and ROD are on file at Reese AFB. The Site Manager will make copies
available, on request.
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CONDITION 7
DEFAULT AND TERMINATION
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7.1. The following shall constitute a default and breach of this Lease by the Lessee: The
failure to comply with any material provision of this Lease, where such failure to comply
continues uncured for thirty (30) days after delivery of written notice thereof by the Government
to the Lessee. If, however, the time required to cure exceeds the thirty (30) day period, the
Lessee shall not be deemed to be in default if the Lessee within such period shall begin the
actions necessary to bring it into material compliance with the Lease in accordance with a
compliance schedule acceptable to the Government.
7.2. No default or breach shall be deemed to have occurred for any period of time during
which the Parties are attempting to resolve a dispute, pursuant to the procedures provided for in
Condition 22 in relation to the actions or inaction's which are the subject of the alleged default or
breach. If pursuant to dispute resolution, the default or breach is determined to have occurred,
the Lessee's period for cure shall not begin until the day after the final decision on the dispute is
issued.
7.3. This Lease may be terminated by the Government as provided below in this Condition
7.3. The Lessee hereby waives any claims or suits against the Government arising out of any
such termination.
7.3.1. The Director, AFBCA, or the Deputy Assistant Secretary of the Air Force
(Installations) may terminate this Lease as to all or any part of the Leased Premises at any time
after expiration of the cure period provided for in Condition 7.1 upon written notice of the
termination ("Termination Notice") to the Lessee in the event of any such default and breach of
the Lease by the Lessee. The Termination Notice shall be effective as of a day to be specified
therein, which shall be at least thirty (30) days after its receipt by the Lessee.
CONDITION 8
TAXES
8.1. The Lessee shall pay to the proper authority, when and as the same become due and
payable, all taxes, assessments, and similar charges which, at any time during the term of this
Lease may be imposed upon the Lessee with respect to the Leased Premises. The consent of
Congress to State and local taxation of the Lessee's interest in the Leased Premises, whether or
not the Leased Premises are in an area of exclusive Federal jurisdiction, is contained in
10 U.S.C., § 2667(e). Should Congress consent to taxation of the Government's interest in the
property, this Lease shall be renegotiated.
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CONDITION 9
SURRENDER OF LEASED PREMISES
9.1. The Lessee shall vacate and surrender the Leased Premises to the Government upon any
termination of the Lease pursuant to Condition 7. In the event the Lessee is obligated to vacate
and surrender the Leased Premises in accordance with Condition 7, the Lessee shall, within
ninety (90) days after the effective date of such termination, remove its property from the Leased
Premises and restore the Leased Premises to as good condition as existed on the date of initial
occupancy, ordinary wear and tear excepted. If the Lessee shall fail or neglect to remove its
property, then, at the option of the Air Force, the property shall either become the property of the
United States without compensation therefor, or the Air Force may cause it to be removed and
the Leased Premises to be so restored at the expense of the Lessee, and no claim for damages
against the United States or its officers, employees or agents shall be created by or made on
account of such removal and restoration work.
CONDITION 10
ENVIRONMENTAL PROTECTION
10.1. The Lessee and any sublessee shall comply with all Federal, State, and local laws,
regulations, and standards that are or may become applicable to Lessee's activities on the Leased
Premises.
10.2. The Lessee and any sublessee shall be solely responsible for obtaining at its cost and
expense any environmental permits required for its operations under the Lease, independent of
any existing permits.
10.3. The Lessee and its sublessees, assignees, or other successors in interest to the Leased
Premises, or any portion thereof, shall, to the extent permitted under applicable Texas law,
indemnify, save, and hold harmless the Government from any damages, costs, expenses,
liabilities, fines, or penalties resulting from releases, discharges, emissions, spills, storage,
disposal of, or any other acts or omissions by the Lessee and its sublessees, assignees, or other
successors in interest to the Leased Premises or any subdivision thereof, their officers, agents,
employees, contractors, or sublessees or licensees, or the invitees of any of them, giving rise to
Government liability, civil or criminal, or responsibility under Federal, State, or local
environmental laws, except as conditioned in Condition 10.7. below. This Condition shall
survive the expiration or termination of this Lease, and the Lessee's obligations hereunder and
any successor in interest to the Leased Premises or any subdivision thereof shall apply whenever
the Government incurs costs or liabilities for the Redevelopment Authority's actions of the types
described in this Section 10.3. It is understood and agreed that the continued presence of or
migration of existing contamination is not a discharge, spill, release, emission, storage, disposal,
or other act or omission. For the purposes of this Section 10.3., the term "existing
contamination" shall mean (1) any hazardous substances present or existing on or under the
Leased Premises as of the date the Lessee assumes beneficial occupancy of the Leased Premises
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or any part thereof that requires a response action under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended; (2) any hazardous substances
that migrated from the Leased Premises prior to the date the Lessee assumes beneficial
occupancy of the Leased Premises or any part thereof; and (3) any hazardous substances that
migrate from, onto, or under the Leased Premises or any part thereof, provided that the Lessee or
its successor in interest or any subdivision thereof, their officers, agents, employees, contractors,
or sublessees or licensees, or the invitees of any of them are not responsible for the existence of
such hazardous substances, pollutants, or contaminants that migrate from, onto, or under the
Leased Premises or any part thereof. Such existing contamination includes, but is not limited to
that which is shown on the attached Exhibit `B" attached hereto. It being understood that such
hazardous substances may include other materials which may exist as the result of the use of the
Leased Premises by the Government, but as of the date of the execution of this Lease are yet
undiscovered. Notwithstanding the foregoing provisions of Section 10.3., the Lessee shall have
no obligation to indemnify, save or hold harmless the United States from any portion of the
above stated damages, costs, expenses, liabilities, fines or penalties, that result from the acts or
omissions of the United States or any third party unrelated to the City of Lubbock. The
obligations under this Section 10.3. shall survive the expiration or termination of this Lease.
10.4. The Government's rights under this Lease specifically include the right for Government
officials to inspect upon reasonable notice and at reasonable times, the Leased Premises for
compliance with environmental, safety, and occupational health laws and regulations, whether or
not the Government is responsible for enforcing them. Such inspections are without prejudice to
the right of duly constituted enforcement officials to make such inspections. The Government
normally will give the Lessee or sublessee twenty-four (24) hours prior notice of its intention to
enter the Leased Premises unless it determines the entry is required for safety, environmental,
operations, or security purposes. The Lessee shall have no claim on account of any entries
against the United States or any officer, agent, employee, or contractor thereof.
10.5. Except as provided in Condition 10.6 below, the Government is not responsible for any
removal or containment of asbestos. If the Lessee or any sublessee intend to make any
Alterations that require the removal of asbestos, an appropriate asbestos disposal plan must be
incorporated in the Alterations Plan and/or Utility Designs to be submitted to the Site Manager
under Condition 17. The asbestos disposal plan will identify the proposed disposal site for the
asbestos.
10.6. The Government shall be responsible for the removal or containment of asbestos or
asbestos containing material (collectively, "ACM") existing in the Leased Premises on the Term
Beginning Date as identified in the ECR attached hereto as Exhibit "E", when such ACM is
damaged or deteriorated to the extent that it creates a potential source of airborne fibers. Such
ACM shall be referred to herein as "damaged or deteriorated." The Government agrees to abate
all such existing damaged or deteriorated ACM as provided in this Condition 10.6. The
Government may choose the most economical means of abating any such damaged or
deteriorated ACM, which may include removal or containment, or a combination of removal and
containment, but in all respects must be in compliance with applicable law. The foregoing
Government obligation does not apply to ACM which is not damaged or deteriorated to the
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extent that it creates a potential source of airborne fibers at the time Lessee takes possession of
the Leased Premises and which may become damaged or deteriorated by the Lessee's or
sublessees activities. ACM which later during the period of this Lease becomes damaged or
deteriorated through the passage of time, or as a consequence of the Lessee's or sublessees
activities under this Lease, including but not limited to any emergency, will be abated by the
Lessee at its sole cost and expense. Notwithstanding Condition 10.5 above, in an emergency, the
Lessee will notify the Government as soon as practicable of its emergency ACM responses. The
Lessee shall be responsible for monitoring the condition of existing ACM on the Leased
Premises for deterioration or damage and accomplishing repairs pursuant to the applicable
conditions of this Lease.
10.7. Notwithstanding any other provision of the Lease, the Lessee does not assume any
liability or responsibility for environmental impacts and damage caused on or off Reese AFB or
the Leased Premises by the Government's use of toxic or hazardous wastes, substances, or
materials on any portion of Reese, including the Leased Premises. The Lessee has no obligation
under this Lease to undertake the defense of any claim or action, lien, award, damage, penalty,
fine, cost, liability or other loss, whether in existence now or brought in the future, arising out of
the use of or release, threatened release, migration, discharge, emission, spill, storage, disposal or
cleanup of any toxic or hazardous wastes, substances, or materials on or from any part of Reese
AFB, including the Leased Premises, that resulted or results from Department of Defense or
United States Government activities. Further, the Lessee has no obligation under this Lease to
undertake environmental response, remediation, or cleanup relating to such use or release.
10.7.1. For the purposes of this Condition, "defense" or "environmental response,
remediation, or cleanup" include liability and responsibility for the costs of damage, penalties,
legal, and investigative services relating to such use or release. "Occupation" or "use" shall
mean any activity or presence (including preparation and construction) in or upon such portion
of, or such building, facility, or other improvement on the Leased Premises.
10.7.2. The Government recognizes and acknowledges its obligations under
Section 330 of the National Defense Authorization Act, 1993, Pub. L. No. 102-484, as amended,
which provides for indemnification of certain transferees of closing defense property.
10.7.3. This Condition 10.7. shall survive the expiration or termination of the
Lease.
10.8. The Lessee expressly acknowledges that it fully understands that some or all of the
response actions to be undertaken with respect to the Reese AFB Installation Restoration
Program ("IRP") may impact Lessee's quiet use and enjoyment of the Leased Premises. The
Lessee agrees that notwithstanding any other provision of the Lease, the Government assumes no
liability to the Lessee or its sublessees should implementation of the Reese AFB IRP, or other
hazardous waste cleanup requirements, whether imposed by law, regulatory agencies, or the Air
Force or the Department of Defense, interfere with the Lessee's or any sublessees use of the
Leased Premises. The Lessee shall have no claim against the United States or any officer, agent,
employee or contractor thereof on account of any such interference, whether due to entry,
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performance of remedial or removal investigations, or exercise of any right with respect to the
Reese AFB IRP or under this Lease or otherwise.
10.9. The Lessee agrees to comply with the provisions of any health or safety plan in effect
under the Reese AFB IRP or any hazardous substance remediation or response agreement with
environmental regulatory authorities during the course of any of the above described response or
remedial actions. Any inspection, survey, investigation, or other response or remedial action
will, to the extent practicable, be coordinated with representatives designated by the Lessee and
any sublessee or assignee. The Lessee and any sublessees, assignees, licensees, or invitees shall
have no claim on account of such entries against the United States or any officer, agent,
employee, contractor, or subcontractor thereof.
10.10. The Lessee and any sublessees must comply with all applicable Federal, State, and
local laws, regulations, and other requirements relating to occupational safety and health, the
handling and storage of hazardous materials, and the proper generation, handling, accumulation,
treatment, storage, disposal, and transportation of hazardous wastes. The Lessee or its sublessees
will not accomplish any treatment, storage, or disposal of hazardous waste unless the Lessee is in
possession of any required permit issued to it under the Resource Conservation and Recovery
Act, as amended ("RCRA"), where such valid permit is required by law. The Lessee shall not
treat, store, or dispose of any hazardous waste under, pursuant to, or in reliance upon any permit
issued to the United States Air Force. The Lessee shall be liable for any violations of these
requirements by its sublessees. The Lessee shall be liable for the cost of proper disposal of any
hazardous waste generated by its sublessees in the event of failure by the sublessees to dispose
properly of such wastes.
10.11. The Lessee and any sublessees must maintain and make available to the Air Force all
records, inspection logs, and manifests that track the generation, handling, storage, treatment, and
disposal of hazardous waste, as well as all other records required by applicable laws and
requirements. The Air Force reserves the right to inspect the facility and Lessee and sublessee
records for compliance with Federal, State, local laws, regulations, and other requirements
relating to the generation, handling, storage, treatment, and disposal of hazardous waste, as well
as to the discharge or release ,of hazardous substances. Violations will be reported by the Air
Force to appropriate regulatory agencies, as required by applicable law. The Lessee and its
sublessees will be liable for the payment of any fines and penalties, which may accrue as a result
of the actions of Lessee or its sublessees.
10.12. The Lessee shall have a completed and, when required, approved plan or plans prior to
commencement of operations on the Leased Premises for responding to hazardous waste, fuel,
and other chemical spills. Such plan or plans shall comply with all applicable requirements and
shall be updated from time to time as may be required to comply with changes in site conditions
or applicable requirements and shall be approved by all agencies having regulatory jurisdiction
over such plan. The plan shall be independent of Air Force spill prevention and response plans.
The Lessee shall not rely on use of Reese AFB personnel or equipment in execution of its plan.
The Lessee shall file a copy of the approved plan and approved amendments thereto with the Site
Manager within fifteen (15) days of approval. Notwithstanding the foregoing, should the
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Government provide any personnel or equipment, whether for initial fire response and/or spill
containment or otherwise on request of the Lessee, or because the Lessee was not, in the opinion
of the Government, conducting timely cleanup actions, the Lessee agrees to reimburse the
Government for its costs in accordance with all applicable laws and regulations.
10.13. The Lessee shall comply with the hazardous waste permit requirements under the
RCRA or its State equivalent and any other applicable laws, rules, and regulations as such
requirements relate to the activities of the Lessee. The Lessee must provide at its own expense
such hazardous waste storage facilities, which comply with all laws and regulations, as it may
need for storage. Government hazardous waste storage facilities will not be available to the
Lessee or any sublessee. Subject to the Lessee's right to cure pursuant to Condition 7 hereof,
any violation of the requirements of this Condition shall be deemed a material breach of this
Lease.
10.14. The Lessee or any sublessee will not use Air Force accumulation points for hazardous
and other wastes. Neither will the Lessee or sublessee permit its hazardous waste to be
commingled with hazardous waste of the Air Force.
10.15. The Lessee shall not discharge or allow the discharge of any dredged or fill material
into any waters or wetlands on the Leased Premises except in compliance with Condition 24 and
with the express written consent of the Site Manager.
10.16. The Lessee acknowledges receipt under separate cover of the Environmental Baseline
Surveys ("EBSs") for the Leased Premises.
10.17. Prior to the storage, mixing, or application of any pesticide, as that term is defined
under the Federal Insecticide, Fungicide, and Rodenticide Act, the Lessee shall prepare a plan for
storage, mixing, and application of pesticides ("Pesticide Management Plan"). The Pesticide
Management Plan shall be sufficient to meet all applicable Federal, State, and local pesticide
requirements. The Lessee shall store, mix, and apply all pesticides within the Leased Premises
only in strict compliance with the Pesticide Management Plan. The pesticides will only be
applied by a licensed applicator.
10.18. The Lessee shall comply with all applicable requirements of the Federal Water
Pollution Control Act, the National Pollutant Discharge Elimination System ("NPDES"), and
any applicable State or local requirements. If the Lessee discharges wastewater to a publicly
owned treatment works, the Lessee or its sublessees must submit an application for its discharge
("Pretreatment Permit Application") prior to the start of the Lease. The Lessee or sublessees will
be responsible for meeting all applicable wastewater discharge permit standards. The Lessee will
not discharge wastewater under the authority of any NPDES permit, pretreatment permit or any
other permit issued to Reese AFB. Except as otherwise stated in this Lease, the Lessee or its
sublessees shall make no use of any septic tank installed on Reese AFB.
10.19. The Lessee must notify the Site Manager of Lessee's intent to possess, store, or use
any licensed or licensable source or byproduct materials, as those terms are defined under the
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Atomic Energy Act and its implementing regulations; of Lessee's intent to possess, use, or store
radium; and of Lessee's intent to possess or use any equipment producing ionizing radiation and
subject to specific licensing requirements or other individual regulations, at least sixty (60) days
prior to the entry of such materials or equipment upon Reese AFB. Upon notification, the Site
Manager may impose such requirements, including prohibition of possession, use, or storage, as
deemed necessary to adequately protect health and the human environment. Thereafter, the
Lessee must notify the Government of the presence of all licensed or licensable source or
byproduct materials, of the presence of all radium, and of the presence of all equipment
producing ionizing radiation and subject to specific licensing requirements or other individual
regulation; provided, however, that the Lessee need not make either of the above notifications to
the Government with respect to source and byproduct material which is exempt from regulation
under the Atomic Energy Act. The Lessee shall not, under any circumstances, use, own, possess
or allow the presence of special nuclear material on the Leased Premises.
10.20. The Lessee further agrees that it shall provide, or shall require its sublessee or licensee
to provide the Air Force with prior written notice accompanied by a detailed written description
of all proposals for any Alterations (as defined in Condition 17.1) which may impede or impair
any activities under the Reese AFB IRP or are to be undertaken in certain areas of the Leased
Premises identified as "Areas of Special Notice" on Exhibit F hereto. These Areas of Special
Notice consist of either "operable units" (as defined in the National Contingency Plan) or other
areas of concern because of the potential for environmental contamination and include buffer
areas as shown on Exhibit F. The notice and accompanying written description of said proposals
shall be provided to the Air Force sixty (60) days in advance of the commencement of any such
Alterations. In addition, Alterations shall not commence until Lessee has complied with the
Provisions of Condition 17.3. The detailed written description of said proposals shall include a
description of the effect such planned work may have with respect to site soil and groundwater
conditions and the cleanup efforts contemplated under the Reese AFB IRP. Notwithstanding the
preceding three sentences, the Lessee or its sublessees shall be under no obligation to provide
advance written notice of any Alterations that will be undertaken totally within any structure
located on the Leased Premises, provided that such work will not impede or impair any activities
under the Reese AFB IRP. However, any work below the floor of any such structure within any
Area of Special Notice that will involve excavating in and/or disturbing concrete flooring, soil
and/or groundwater or will impede or impair any activities under the Reese AFB IRP will be
subject to the sixty (60) day notice requirement imposed by this Condition 10.20.
10.21. The Government and its officers, agents, employees, contractors, and subcontractors
have the right, upon reasonable notice to the Lessee and any sublessee, to enter upon the Leased
Premises for the purposes enumerated in this subparagraph:
10.21.1. To conduct investigations and surveys, including, where necessary, drilling, soil
and water sampling, testpitting, testing soil borings and other activities related to the Reese AFB
IRP;
10.21.2. To inspect field activities of the Government and its contractors and
subcontractors in implementing the Reese AFB IRP;
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10.21.3. To conduct any test or survey related to the implementation of the IRP or
environmental conditions at the Leased Premises or to verify any data submitted to the EPA or
by the Government relating to such conditions;
10.21.4. To construct, operate, maintain or undertake any other response or remedial
action as required or necessary under the Reese AFB IRP, including, but not limited to,
monitoring wells, pumping wells and treatment facilities.
CONDITION 11
MAINTENANCE OF LEASED PREMISES
11.1. The Lessee, at no expense to the Government, shall at all times protect,'preserve, and
maintain (or require its sublessees to maintain) the Leased Premises (or applicable subleased
premises), including any improvements and Government-owned personal property located
thereon, in good order and condition, (subject ordinary wear and tear) and exercise due diligence
in protecting the Leased Premises against damage or destruction by fire and other causes, subject
to the applicable provisions of Conditions 4, 10, 15, 17, and 24. The Lessee shall comply (and
require its sublessees to comply) with the provisions of Conditions 10, 17, and 24 in conducting
any maintenance activities required to be performed hereunder.
CONDITION 12
DAMAGE TO GOVERNMENT PROPERTY
12.1. Any real or personal property of the United States (other than property described in
Exhibit A) damaged or destroyed by the Lessee incident to the Lessee's use and occupation of
the Leased Premises shall be promptly repaired or replaced by the Lessee to the satisfaction of
the Site Manager. In lieu of such repair or replacement, the Lessee shall, if so required by the
Site Manager, pay to the United States money in an amount sufficient to compensate for the loss
sustained by the Government by reason of damage or destruction of Government property.
CONDITION 13
ACCESS AND INSPECTION
13.1. Any agency of the United States, its officers, agents, employees, and contractors, may
enter upon the Leased Premises, at all times for any purposes not inconsistent with Lessee's quiet
use and enjoyment of them under this Lease, including but not limited to the purpose of
inspection. The Government normally will enter the Leased Premises during regular business
hours and give the Lessee or sublessee at least twenty-four (24) hours prior notice of its intention
to do so, unless it determines the entry is required for safety, environmental, operations, or
security purposes. The Lessee shall have no claim on account of any entries against the United
States or any officer, agent, employee, or contractor thereof.
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CONDITION 14
GENERAL INDEMNIFICATION BY LESSEE
14.1. The United States shall not be responsible for damages to property or injuries or death
to persons which may arise from or be attributable or incident to the condition or state or repair
of the Leased Premises, or the use and occupation of them, or for damages to the property of the
Lessee, or for damages to the property or injuries or death to the person of the Lessee's officers,
agents, servants, or employees, or others who may be on the Leased Premises at their invitation
or the invitation of any one of them. Nothing in this Condition 14 shall be construed to diminish
or otherwise affect the duties and obligations of the parties under Condition 10 hereof.
14.2. The Lessee agrees to assume all risks of loss or damage to property and injury, or death
to persons by reason of or incident to the possession and/or use of the Leased Premises, or the
activities conducted by the Lessee under this Lease. The Lessee expressly waives all claims
against the Government for any such loss, damage, personal injury or death caused by or
occurring as a consequence of such possession and/or use of the Leased Premises or the conduct
of activities or the performance of responsibilities under this Lease. The Lessee further agrees to
the extent permitted by applicable law to indemnify, save, and hold harmless the Government, its
officers, agents, and employees, from and against all suits, claims, demands or actions, liabilities,
judgments, costs and attorneys' fees arising out of, or in any manner predicated upon personal
injury, death or property damage resulting from, related to, caused by or arising out of the
possession and/or use of the Leased Premises or any activities conducted or services furnished in
connection with or pursuant to this Lease. The agreements contained in the preceding sentence
do not extend to claims for damages caused by the gross negligence or willful misconduct of
officers, agents or employees of the United States, without contributory fault on the part of any
person, firm or corporation. The Government will give the Lessee notice of any claim against it
covered by this indemnity as soon after learning of it as practicable.
CONDITION 15
INSURANCE
15.1. The Lessee shall in any event and without prejudice to any other rights of the
Government bear all risk of loss or damage or destruction to the Leased Premises, including any
buildings, improvements, fixtures, or other property thereon, arising from any causes whatsoever,
with or without fault by the Government. Nothing in this Condition 15 shall be construed to
diminish or otherwise affect the duties and obligations of the parties under Condition 10 hereof.
15.2. During the entire period this Lease shall be in effect, the Lessee, at no expense to the
Government, will carry and maintain:
15.2.1. Property insurance coverage against loss or damage by fire and lightning
and against loss or damage or other risks embraced by coverage of the type now known as the
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broad form of extended coverage (including but not limited to riot and civil commotion,
vandalism, and malicious mischief and earthquake) in an amount not less than One Hundred
Percent (100%) of the full replacement value of the buildings, building improvements,
improvements to the land, and personal property on the Leased Premises. The policies of
insurance carried in accordance with this Condition shall contain a "Replacement Cost
Endorsement." Such full replacement cost shall be determined from time to time, upon the
written request of the Government or the Lessee, but not more frequently than once in any
twenty-four (24) consecutive calendar month period (except in the event of substantial changes
or alterations to the Leased Premises undertaken by the Lessee or any sublessee as permitted
under the provisions of the Lease).
15.2.2. Comprehensive general liability insurance on an "occurrence basis"
against claims for "personal injury," including without limitation, bodily injury, death, or
property damage, occurring upon, in or about the Leased Premises including any buildings
thereon and adjoining sidewalks, streets, and passageways, such insurance to afford immediate
minimum protection at the time of the Term Beginning Date, and at all times during the term of
this Lease, with limits of liability in amounts approved from time to time by the Government, but
not less than TEN MILLION DOLLARS ($10,000,000) in the event of bodily injury and death to
any one or more persons in one accident, and not less than THREE MILLION DOLLARS
($3,000,000) for property damage. Such insurance shall also include coverage against liability
for bodily injury or property damage arising out of the acts or omissions by or on behalf of any
sublessee or any other person or organization, or involving any owned, non -owned, leased or
hired automotive equipment in connection with the Lessee's activities.
15.2.3. If and to the extent required by law, workers' compensation and
employer's liability or similar insurance in form and amounts required by law.
15.3. During the entire period this Lease shall be in effect, the Lessee or any sublessee shall
both carry and maintain the insurance required below at its expense or require any contractor
performing work on the Leased Premises to carry and maintain at no expense to the Government:
15.3.1. The broad form of extended coverage insurance provided for in
subparagraph 15.2.1 above shall be maintained for the limits specified thereunder and shall
provide coverage for the mutual benefit of the Government and the Lessee as additional insureds
in connection with any construction or work permitted pursuant to this Lease;
15.3.2. Fire and any other applicable insurance provided for in this Condition 15
which, if not then covered under the provisions of existing policies, shall be covered by special
endorsement thereto in respect to any Alterations (as defined below in Condition 17), including
all materials and equipment therefor incorporated in, on or about the Leased Premises (including
excavations, foundations, and footings) under a broad form all risks builder's risk completed
value form or equivalent thereof; and
15.3.3. Workers' compensation or similar insurance covering all persons
employed in connection with the work and with respect to whom death or bodily injury claims
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could be asserted against the Government, the Lessee or the Leased Premises in form and
amounts required by law.
15.4. All policies of insurance which this Lease requires the Lessee (or any sublessee) to
carry and maintain or cause to be carried or maintained pursuant to this Condition 15 shall be
effected under valid and enforceable policies, in such forms and amounts as may, from time to
time, be required under this Lease, issued by insurers of recognized responsibility. All such
policies of insurance shall be for the mutual benefit of the Government and the Lessee and, if
applicable, any sublessees as additional insureds as well as any mortgagee to the extent allowed
under this Lease. Each such policy shall provide that any losses shall be payable
notwithstanding any act or failure to act or negligence of the Lessee or the Government or any
other person; provide that no cancellation, reduction in amount, or material change in coverage
thereof shall be effective until at least sixty (60) days after receipt by the Government of written
notice thereof; provide that the insurer shall have no right of subrogation against the
Government; and be reasonably satisfactory to the Government in all other respects. In no
circumstances will the Lessee be entitled to assign to any third party rights of action, which the
Lessee may have against the Government. Notwithstanding the foregoing, any cancellation of
insurance coverage based on nonpayment of the premium shall be effective upon ten (10) days'
written notice to the Government. The Lessee understands and agrees that cancellation of any
insurance coverage required to be carried and maintained by the Lessee or any sublessee or
licensee under this Condition 15 will constitute a failure to comply with the terms of the Lease,
and the Government shall have the right to terminate the Lease pursuant to Condition 7 upon
receipt of any such cancellation notice, but only if the Lessee fails to cure such noncompliance to
the extent allowed under Condition 7.
15.5. The Lessee shall deliver or cause to be delivered upon execution of this Lease (and
thereafter not less than fifteen (15) days prior to the expiration date of each policy furnished
pursuant to this Condition 15) to the Government a certificate of insurance evidencing the
insurance required by this Lease.
15.6. In the event that any item or part of the Leased Premises (other than Alterations or other
improvements made or authorized by the Lessee subsequent to the Term Beginning Date
("Lessee Improvements") shall be damaged or destroyed, the risk of which is assumed by the
Lessee under Condition 15.1 above ("Damaged or Destroyed Property"), the Lessee shall
promptly give notice thereof to the Government. The Lessee shall have the election to either
repair or restore the Damaged or Destroyed Property or continue to occupy the same without any
obligation to repair or replace such damage other than repairs that may be required for safety
reasons.
15.6.1 In the event the Lessee elects not to repair and restore the Damaged or
Destroyed Property, all applicable insurance proceeds relative to the Damaged or Destroyed
Property shall be applied first to removing any debris from and restoring the damaged area to a
reasonably clean condition. Any remaining balance of the proceeds may be retained by the
Lessee, subject to Condition 28.
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15.6.2. In the event the Lessee shall elect to repair and restore the Damaged or
Destroyed Property, it shall provide written notice of such election to the Government within
ninety-five (95) days after the occurrence of such damage or destruction and thereafter shall
promptly repair and restore the Damaged or Destroyed Property as nearly as possible to the
condition which existed immediately prior to such less or damage, subject to Condition 9 above.
15.6.3. All repair and restoration work under this Condition 15.6 (including any
performed for Lessee Improvements) shall comply with the provisions of Conditions 10, 17, and
24 applicable to Alterations and any other work subject to the notice and approval requirements
imposed by Conditions 10.16 and 17.3.
15.7. Notwithstanding any other provision of this Lease, the Lessee may allow Federal, State,
and local governmental sublessees or approved and substantial private sublessees to self -insure,
in whole or in part, any of the risks within the scope of this Condition 15, subject to the absolute
approval of the Government.
CONDITION 16
COMPLIANCE WITH APPLICABLE LAWS
16.1. The Lessee shall at all times during the existence of this Lease promptly observe and
comply with respect to its activities under this Lease, at its sole cost and expense, with the
provisions of all applicable Federal, State, and local laws, regulations, and standards, and in
particular those provisions concerning the protection of the environment and pollution control
and abatement and occupational safety and health.
16.2. The Lessee shall comply with all applicable State and local laws, ordinances, and
regulations with regard to construction, sanitation, licenses, or permits to do business, and all
other matters. The Lessee shall be responsible for determining whether it is subject to local
building codes or building permit requirements, and for compliance with them to the extent they
are applicable.
16.3. Nothing in this Lease shall be construed to constitute a waiver of Federal Supremacy or
Federal or State sovereign immunity.
16.4. Responsibility for compliance as specified in this Condition 16 rests exclusively with
the Lessee or with respect to any subleased premises with the appropriate sublessee. The Air
Force assumes no enforcement or supervisory responsibility except with respect to matters
committed to its jurisdiction and authority. The Lessee or appropriate sublessee shall be liable
for all costs associated with compliance, defense of enforcement actions or suits, payment of
fines, penalties, or other sanctions and remedial costs related to Lessee's or any sublessee's or
licensee's use of the Leased Premises except as otherwise provided herein.
16.5.: The Lessee or its sublessees or licensees shall have the right to contest by appropriate
proceedings diligently conducted in good faith, without cost or expense to the Government, the
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validity or application of any law, ordinance, order, rule, regulation or requirement of the nature
referred to in this Condition. The Air Force shall not be required to join in or assist the Lessee or
its sublessees or licensees in any such proceedings.
CONDITION 17
17. Construction and Alterations
17.1. The Lessee shall not place, construct, or make or permit its sublessees or assigns to
place, construct, or make, any substantial improvements, structures, alterations, or additions to,
or installations upon, or otherwise modify or alter the Leased Premises in any substantial way,
without the prior written consent of the Government. (All of the activities in the preceding
sentence shall be referred to cumulatively as "Alterations.")
17.1.1. Government consent to Alterations may include a requirement to provide
the Government with a performance and payment bond, or similar financial assurances,
satisfactory to the Government in all respects, and other requirements deemed necessary to
protect the interests of the Government. For Alterations in the proximity of operable units that
are part of an IRP site, such consent may include a requirement for written approval by the Site
Manager.
17.1.2. Except as the Government's written consent shall expressly provide
otherwise, all approved Alterations shall become Government property when annexed to the
Leased Premises.
17.2. All plans for Alterations pursuant to Condition 17.1 above (Alterations Plans) must
comply with the provisions of Conditions 11 and 25 and be approved in writing by the
Government before the commencement of any construction project. In addition, the designs for
all Lessee connections to the Base's utilities (Utility Designs) shall comply with applicable State
or local construction standards or in the absence of any, with Department of Defense/Air Force
(DoD/AF) construction standards, and be subject to review and approval by the Site Manager.
DoD/AF construction standards are available through the office of the Site Manager. The Lessee
shall submit any Alterations Plans and Utility Designs to the Site Manager for approval. Any
additional information needed by the Government to complete its review shall be provided
promptly by the Lessee upon receipt of any such Government request.
17.3. The Government review process for either a construction project or a utility
connection will be completed within thirty (30) days of receipt of all plans and specifications
required by the Government for its review. In the event problems are detected during the review,
immediate notice will be provided by telephone to the Lessee or its representative designated in
writing for the purpose. Approval will not be unreasonably withheld.
17.4. All Alterations shall be made in accordance with the approved Alterations Plans
and Utility Designs and without cost to the Government. The Lessee shall not proceed with
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excavating, demolition, or construction until it receives written notice from the Government that
the Alteration Plans and/or Utility Designs are acceptable to the Government. The Lessee shall
allow no disposal of excavated material except in approved areas and with the express written
consent of the Site Manager.
17.5. All matters of ingress, egress, contractor haul routes, or other access on or across
Base land not included in this Lease shall be coordinated with the Government through the Site
Manager. All excavating, demolition, and construction activity shall be accomplished during
periods (including hours of the day) acceptable to that officer.
17.6. The Site Manager is authorized to grant approvals and consents under this
Condition.
17.7. Any disapproval may be reviewed by the Director, AFBCA, at the written request
of the Lessee. Such review is discretionary. A request by the Lessee for review will be
submitted to the Site Manager, who will forward it through channels with comments within ten
(10) business days after receipt of the request.
CONDITION 18
18. Utilities and Services
18.1. The Lessee shall be responsible for, and shall require its sublessees to be
responsible for, all utilities, janitorial services, building maintenance, and grounds maintenance
for the Leased Premises (or subleased premises) without cost to the Government. Utility services
will be provided through meters, if possible. The Lessee shall (or shall cause its sublessees to)
purchase, install, and maintain all such meters at its (or their) own cost and without cost and
expense to the Government. The Lessee shall pay the charges for any utilities and services
furnished by the Government, which the Lessee may require in connection with its use of the
Leased Premises. The charges and the method of payment for each utility or service will be
determined by the appropriate supplier of the utility or service in accordance with applicable
laws and regulations, on such basis as the appropriate supplier of the utility or service may
establish. It is expressly understood and agreed that the Government in no way warrants the
continued maintenance or adequacy of any utilities or services furnished by it to the Lessee.
18.2. Any purchase from the Government of utility services must be made in accordance
with 10 U.S.C. § 2481, and Air Force Instruction 32-1061, as it may be amended from time to
time, or any successor regulation or instruction, requiring any non -Federal user of a Federally
owned utility service to enter into a separate contract prior to receiving such service at rates to be
specified in each contract. The Lessee agrees to enter into a contract for any utility service
contemporaneously with this Lease, and any such contract is attached to this Lease as Exhibit G.
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CONDITION 19
NOTICES
19.1. Whenever the Government or the Lessee shall desire to give or serve upon the other any
notice, demand, order, direction, determination, requirement, consent or approval, request or
other communication with respect to this Lease or with respect to the Leased Premises, each such
notice, demand, order, direction, determination, requirement, consent or approval, request or
other communication shall be in writing and shall not be effective for any purpose unless same
shall be given or served by personal delivery to the Party or Parties to whom such notice,
demand, order, direction, determination, requirement, consent or approval, request or other
communication is directed or by mailing the same, in duplicate, to such Party or Parties by
certified mail, postage prepaid, return receipt requested, addressed as follows:
If to the Lessee:
Lubbock Police Department
Box 2000
Lubbock, TX 79457
If to the Government:
AFBCA/DC Reese (Attn: Site Manager)
9801 Reese Boulevard North, Suite 300
Lubbock, Texas 79416
or at such other address or addresses as the Government or the Lessee may from time to time
designate by notice given by certified mail.
19.2. Every notice, demand, order, direction, determination, requirement, consent or
approval, request or communication hereunder sent by mail shall be deemed to have been given
or served as of the second business day following the date of such mailing.
CONDITION 20
ASSIGNMENTS SUBLEASES AND LICENSES
20.1. The Lessee shall neither transfer nor assign this Lease.
20.2. The Lessee may enter into any sublease or license or otherwise authorize the use of any
portion of the Leased Premises (collectively, "Use Authorization"), subject to the provisions of
subparagraphs 20.2.1, 20.2.2, and 20.2.3 below.
20.2.1. The use of the premises associated with any "Use Authorization" must be
allowable under Condition 6.
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20.2.2. Any Use Authorization granted by the Lessee shall comply (or in the case
of a transaction by a sublessee, licensee or other authorized user (collectively, "Authorized
User"), shall be required to comply with the provisions of Conditions 10, 17, and 24; be
consistent with all other terms and conditions of the Lease and terminate immediately upon the
expiration or any earlier termination of the Lease with respect to the subleased, licensed or other
authorized use area (collectively "Authorized Use Area").
20.2.3. In the event of any conflict between any provisions of the Use
Authorization and any provisions of the Lease, the provisions of the Lease will control Copies of
the Lease must be attached to the Use Authorization instrument.
20.3. Unless otherwise expressly agreed to by the Government in writing, no Use
Authorization shall relieve the Lessee of any of its obligations under the Lease.
20.4. The Lessee further agrees that, in the event of any permitted assignment of this Lease or
sublease of the Leased Premises, it shall provide to the U.S. EPA and by certified mail a copy of
the agreement or sublease of the Leased Premises (as the case may be), within fourteen (14) days
after the effective date of such transaction. The Lessee may delete the financial terms and any
other proprietary information from the copy of any assignment or sublease furnished pursuant to
this Condition.
CONDITION 21
HISTORIC PROPERTY (RESERVED)
CONDITION 22
DISPUTES
22.1. Except as otherwise provided in this Lease, any dispute concerning a question of
fact arising under this Lease which is not disposed of by agreement shall be decided by the Site
Manager. The Site Manager shall reduce the decision to writing and mail or otherwise furnish a
copy to the Lessee. The decision of the Site Manager shall be final and conclusive unless, within
thirty (30) days from the date of receipt of such copy, the Lessee mails or otherwise furnishes to
the Site Manager a written appeal addressed to the Secretary of the Air Force. The decision of
the Secretary or his or her 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
Condition, the Lessee 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 Lessee shall proceed
diligently with the performance of the Lease in accordance with the decision of the Site Manager.
22.2. In the alternative, before proceeding under Condition 22.1 above, either Party may
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choose to submit the dispute to arbitration pursuant to the Administrative Disputes Resolution
Act, 5 U.S.C. §§ 571-583, as amended (the "Act"), by giving written notice to the other Parry.
22.2.1. Within fifteen (15) days following receipt of notice, the receiving Party
shall submit to the other Party the names of three arbitrators, experienced in the field of the
matter of dispute, selected from a roster maintained by the Federal Mediation and Conciliation
Service or any comparable organization. The initiating Party will then have fifteen (15) days to
select one of the three arbitrators and provide notice to the receiving Party of the selected
arbitrator. The initiating Party will promptly notify the arbitrator of the selection and arrange for
his or her employment jointly by the Parties. .
22.2.2. The arbitrator will arbitrate the dispute according to the Act and any rules
of the American Arbitration Association not in conflict with the Act or any other Federal statute.
To the extent that any award of the arbitrator shall be exclusively monetary, and shall exceed
$500,000, the Parties may either use the award as a basis for settlement negotiations, or either
Party may litigate the excess amount above $500,000 through the appropriate civil process. To
the extent that a decision of the arbitrator is non -monetary in nature, the arbitrator shall not be
limited in the range of possible outcomes. The arbitrator will convene the arbitration hearing
within fifteen (15) days after being hired and render a decision within thirty (3 0) days after the
hearing unless both Parties agree to an extension of time. The Government and the Lessee agree
to share the costs of the arbitrator equally, subject to the availability to the Government of
appropriated funds.
22.2.3. Pending final decision of a dispute hereunder, the Lessee shall proceed
diligently with the performance of the Lease in accordance with the decision of the Site Manager.
22.2.4. Pursuant to the Act, the previous authority of a Federal agency to use
dispute resolution proceedings has been repealed, and such authority has been reenacted, in
modified form, to continue to authorize alternative dispute resolution by Federal agencies. If the
Act, as continued and amended, shall be further extended or reenacted in modified form, then the
provisions of this Lease shall be deemed to be modified to be consistent with any such amended
procedures.
22.3. This Condition does not preclude consideration of questions of law in connection
with decisions provided for in Condition 22.1 and 22.2 above. Nothing in this Condition,
however, shall be construed as making final the decision of any administrative official,
representative or board on a question of law.
22
CONDITION 23
GENERAL PROVISIONS
LEASE NO: BCA -REE -12-00-0704
23.1. Covenant against Contingent Fees. The Lessee warrants that no person or agency has
been employed or retained on behalf of the Lessee to solicit or secure this Lease upon and
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial agencies maintained by the
Lessee 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 require
the Lessee to pay, in addition to the lease rental or consideration, the full amount of such
commission, percentage, brokerage, or contingent fee.
23.2. Officials Not to Benefit. 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 to arise
therefrom, but this provision shall not be construed to extend to this Lease if made with a
corporation for its general benefit.
23.3. Nondiscrimination. The Lessee shall use the Leased Premises in a nondiscriminatory
manner to the end that no person shall, on the ground of race, color, religion, sex, age, handicap
or national origin, be excluded from using the facilities or obtaining the services provided
thereon, or otherwise be subjected to discrimination under any program or activities provided
thereon.
23.3.1. As used in this Condition, the term "facility" means lodgings, stores,
shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in any building
covered by, or built on land covered by, this Lease.
23.3.2. The Lessee agrees not to discriminate against any person because of race,
color, religion, sex, or national origin in furnishing, or refusing to furnish, to such person the use
of any facility, including all services, privileges, accommodations, and activities provided on the
Leased Premises. This does not require the furnishing to the general public the use of any
facility customarily furnished by the Lessee solely to tenants or to Air Force military and civilian
personnel, and the guests and invitees of any of them.
23.4. Gratuities. The Government may, by written notice to the Lessee, terminate this Lease
if it is found after notice and hearing, by the Secretary of the Air Force, or his/her duly
authorized representative, that gratuities in the form of entertainment, gifts, or otherwise, were
offered or given by the Lessee, or any agent or representative of the Lessee, to any officer or
employee of the Government with a view toward securing an agreement or securing favorable
treatment with respect to the awarding or amending, or the making of any determinations with
respect to the performing of such agreement; provided that the existence of the facts upon which
the Secretary of the Air Force or his/her duly authorized representative makes such finding, shall
be an issue and may be reviewed in any competent court. In the event this Lease is so
terminated, the Government shall be entitled to pursue the same remedies against the Lessee as it
23
LEASE NO: BCA -REE -12-00-0704
could pursue in the event of a breach of the Lease by the Lessee, and as a penalty in addition to
any other damages to which it may be entitled by law, to exemplary damages in an amount as
determined by the Secretary of the Air Force or his/her duly authorized representative) which
shall be not less than three nor more than ten times the costs incurred by the Lessee in providing
any such gratuities to any such officer to employee. The rights and remedies of the Government
provided in this article shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Lease.
23.5. No Joint Venture. Nothing contained in this Lease will make, or will be construed to
make, the Parties hereto partners or joint venturers with each other, it being understood and
agreed that the only relationship between the Government and the Lessee is that of landlord and
tenant. Neither will anything in this Lease render, nor is construed to render either of the Parties
hereto liable to any third Party for debts or obligations of the other Party hereto.
23.6. Records and Books of Account. The Lessee agrees that the Comptroller General of the
United States or the Auditor General of the United States or the Auditor General of the United
States Air Force or any of their duly authorized representatives shall, until the expiration of three
(3) years after the expiration or earlier termination of this Lease, have access to and the right to
examine books, documents, papers, and records of the Lessee involving transactions related to
this Lease. The Lessee further agrees that any sublease of the Leased Premises (or any part
thereof) will contain a provision to the effect that the Comptroller General of the United States or
the Auditor General of the United States Air Force or any of their duly authorized representatives
shall, until three (3) years after the expiration or earlier termination of this Lease, have access to
and the right to examine books, documents, papers, and records of the sublessee involving
transactions related to the sublease.
23.7. Failure of Lessee or Government to Insist on Compliance. The failure of the United
States or Lessee to insist in any one or more instances, upon strict performance of any of the
terms, covenants or conditions of this Lease shall not be construed as a waiver or a
relinquishment of the Government's rights or the Lessee's rights to the future performance of any
such terms, covenants or conditions, but the obligations of the United States or Lessee with
respect to such future performance shall continue in full force and effect.
23.8. Headings or Titles. The brief headings or titles preceding each condition are merely for
purposes of identification, convenience, and ease of reference, and will be completely
disregarded in the construction of this Lease.
23.9. Counterparts. This Lease is executed in two (2) counterparts each of which is deemed
an original of equal dignity with the other and which is deemed one and the same instrument as
the other.
23.10. Personal Pronouns. All personal pronouns used in the Lease, whether used in the
masculine, feminine or neuter gender, will include all other genders.
23.11. Entire Agreement. It is expressly agreed that this written instrument embodies the
24
LEASE NO: BCA -REE -12-00-0704
entire agreement between the Parties regarding the use of the Leased Premises by the Lessee, and
there are no understandings or agreements, verbal or otherwise, between the Parties except as
expressly set forth herein. This instrument may only be modified or amended by mutual
agreement of the Parties in writing and signed each of the Parties hereto.
23.12. Recording. The Lessee shall not record this lease, or any memorandum thereof, in any
public office without the expressed prior written consent of the Government, and if the Lessee
does so, the Government may declare this lease null and void upon ten (10) days notice to the
Lessee and without any liability to the Lessee or any other party.
23.13. Time of Essence. Time is of the essence for the Lessee's performance of its
obligations contained in the Lease.
23.14. Effectiveness. The furnishing of the form of this Lease shall not constitute an offer
and this Lease shall become effective upon, and only upon, its execution by and delivery to each
Party.
CONDITION 24
RESTRICTIONS ON USE OF LEASED PREMISES
24.1. The Lessee shall not install (or permit its sublessees to install) any new drinking water
or other wells in any location on the Leased Premises without the prior written approval of the
Air Force.
24.2. The Lessee shall not conduct (or permit its sublessees to conduct) any subsurface
excavating, digging, drilling, or other disturbance of the surface in Areas of Special Notice as
shown on Exhibit F hereto without the provision of notice to and prior written approval of the
Air Force in accordance with Condition 17. Requests for such approval will be made in
accordance with Condition 17. Exhibit F may be updated from time to time as appropriate,
subject to the requirements set forth in Condition 26 herein for amending this Lease.
24.3. Prior to beginning any Alterations, other construction or construction -related work,
excavating, demolition, or restoration, the Lessee shall determine (or require any sublessee to
determine) whether asbestos is present.
24.4. The Lessee shall not occupy or conduct (or permit its sublessees to occupy or conduct)
any activities in any facility or portion thereof as described in Condition 6 if such facility or
facilities which, at the inception of this Lease, contain damaged or deteriorated ACM, as that
term is defined in Condition 10.6 of this Lease, until such time as any damaged or deteriorated
ACM existing in them has been remediated in accordance with Conditions 10.5 and 10.6.
24.5. With respect all portions of the Leased Premises that are not subject to Title X, the
Lessee acknowledges that lead-based paint may be present in and on facilities and equipment
within such areas of the Leased Premises. The Air Force may conduct surveys to determine the
existence and extent of any possible lead-based paint. The Lessee will be notified if the Air
25
LEASE NO: BCA -REE -12-00-0704
Force determines there is lead-based paint in or on the leased facilities or equipment. Prior to
beginning any Alterations, other construction or construction related work, excavating,
demolition, or restoration, the Lessee or any sublessee must test any paint which would be
disturbed unless a conclusive determination has been made that lead-based paint is not present.
If the paint is lead-based, the Lessee or any sublessee is required to handle it in accordance with
all applicable Federal, State, and local laws and regulations at its own expense. The Lessee is
required to ensure that any lead-based paint is maintained in good condition.
24.6. The Lessee is specifically prohibited from using any other existing ASTs or USTs on
the Leased Premises, which have been placed thereon by the Government, without specific
approval from the Government. Any consent by the Government granted hereunder shall be held
to apply only to the specific transaction thereby authorized.
CONDITION 25
GOVERNMENT REPRESENTATIVES AND THEIR SUCCESSORS
25.1. The Site Manager has been duly authorized to enter into and amend the Operating
Agreement identified in Condition 5 above and to administer this Lease.
25.2. Except as otherwise specifically provided, any reference herein to the Site Manager
shall include the Site Manager's duly appointed successors and authorized representatives.
CONDITION 26
AMENDMENTS
26.1. This Lease may be amended at any time by mutual agreement of the Parties in writing
and signed by a duly authorized representative of each of the respective Parties hereto.
Amendments to the Lease executed on behalf of the Air Force must be signed at the level of
Director, AFBCA or higher.
CONDITION 27
TRANSACTION SPECIFIC PROVISIONS
27.1. Notwithstanding any other condition contained in this Lease, the responsibility to
protect, preserve, and maintain the Leased Premises shall be determined as follows:
27.1.1. On the Term Beginning Date of the Lease (or Lease Commencement
Date), the Lessee shall take actual possession of certain real and personal property on the Leased
Premises. The Lessee shall protect, preserve, and maintain the aforementioned real and personal
property as required under Condition 11.
27.2. As noted in Condition 27.1.1, the Lessee shall protect, preserve, and maintain all
26
LEASE NO: BCA -REE -12-00-0704
real property under its actual possession on the Term Beginning Date of this Lease, in
accordance with Condition 11.
27.3. Closings. Upon the occurrence of any event under this Lease which shall cause all or
any parcel or portion of the Leased Premises to be conveyed by the Lessor to the Lessee, the
parties hereto shall provide the following items at such closing or closings:
27.3.1. The Lessor shall provide at the closing or closings:
27.3.1.1. A Finding of Suitability to Transfer;
27.3.1.2. A Memorandum of Cancellation of the Lease as to those portions of the
Premises therein conveyed, if requested by the Lessee;
27.3.2. The Lessee shall provide at the closing or closings:
27.3.2.1. An opinion of legal counsel of the Lessee in form to be approved in advance
by the Lessor, that the Lessee has full corporate authority to enter into the conveyance therein, is
a corporation or entity in good standing in every state in which it may do business, that it has full
authority to perform all of the actions required pursuant to the terms of any of the documents
associated with the conveyance, that the Lessee is in full compliance with all laws, ordinances,
regulations and statutes, including but not limited to any zoning and environmental requirements
that may be imposed by any governmental body, that it is not a party to any litigation nor has
been placed on notice of any threatened or pending litigation, that there are no prior liens,
judgments, encumbrances or other matters, either recorded in the public records or to the
knowledge of the Lessee or its legal counsel.
27.3.2.2. Payment of all costs for any surveys or other items which may be required by
any party other than the Lessor, it being the intention of the parties hereto that the Lessor shall
incur no cost whatsoever in connection with the closing or closings, other than as may be
associated with the preparation and execution of the quitclaim deed or deeds.
27
CONDITION 28
LIENS AND MORTGAGES
LEASE NO: BCA -REE -12-00-0704
28.1. The Lessee shall not engage in any financing or other transaction creating any mortgage
upon the Leased Premises; place or suffer to be placed upon the Leased Premises any lien or
other encumbrance except those arising by operation of law, except that in such cases, the Lessee
at its own cost and expense shall cause the same to be discharged of record within 30 days after
notice of the filing thereof, and Lessee shall indemnify and save harmless the Government
against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable
attorneys' fees, resulting therefrom; or suffer any levy or attachment to be made on the Lessee's
interest in the Leased Premises, other than such levy or attachment as may result from a
foreclosure of a mortgage on any portion of the Leased Premises subject to a sublease. Any such
mortgage, encumbrance, or lien shall be deemed to be a violation of this Condition constitute a
failure to comply with the terms of the Lease on the date of its execution or filing of record
regardless of whether or when it is foreclosed or otherwise enforced.
CONDITION 29
NOTICE OF HAZARDOUS SUBSTANCES
29.1. Exhibit "H" hereto provides information concerning hazardous substances that have
been stored for one year or more or are known to have been released or disposed of on certain
portions of the Leased Premises and the date(s) that such storage; release or disposal took place.
CONDITION 30
REPORTING TO CONGRESS
30.1. Pursuant to Section 2905(d) of the Defense Base Closure and Realignment Act
(DBCRA), Pub. L. No. 101-510, this Lease is not subject to 10 USC § 2662.
28
CONDITION 31
EXHIBITS
LEASE NO: BCA -REE -12-00-0704
31.1. Nine (9) exhibits are attached to and made a part of this Lease, as follows:
Exhibit A - Description of Leased Premises
Exhibit B - Map of the Leased Premises
Exhibit C - Physical Condition Report
Exhibit D - Environmental Condition Report
Exhibit E - Operating Agreement
Exhibit F - Areas of Special Notice
Exhibit G - Reserved
Exhibit H - Notice of Hazardous Substances
Exhibit I - Utility Contract
The remainder of this page intentionally left blank
29
LEASE NO: BCA -REE -12-00-0704
IN WITNESS WHEREOF I have hereunto set my hand by authority of the ,Secretary of the Air
Force this day of July, 2000.
BY: 0li
�O�E .Fy Director
Air Force Base Conversion Agency
COMMONWEALTH OF VIRGINIA §
COUNTY OF ARLINGTON §
This instrument was acknowledged before me on this Aug -day of July, 2000, by Joyce K.
Frank, Deputy Director, Air Force Base Conversion Agency, on behalf of the Secretary of the Air Force.
/9y'� gA6L. W&W��
Notary Public, Commonwealth of Virginia
My commission expires: Embossed Hereon is My
Corrimonwealm or virgima Notary Public Seal
My Commission Expires October 31 2003
BONNIE MARIA HARRIS
L•5.
30
LEASE NO: BCA -REE -12-00-0704
THIS LEASE is executed by the Lessee, this 31st day of July , 2000.
CITY OF LUBBOCK (Lessee):
ALEX "TY" CgOKE, MAYOR PRO TEM
FalI23-m
ka:�jt�- baj�
City Se etary Lr), (1,
APPROVED AS TO CONTENT:
lice
AP ROVED AS TO FORM:
Resolution No. 2000-80267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT A
DESCRIPTION OF LEASED PREMISES
For the purposes of the foregoing lease agreement between the Department of the Air Force and
the City of Lubbock, the Leased Premises are defined as the property BEGINNING at a point at
the corner of Davis Drive and the service road that is to the south of Building 76 then in a
Westerly direction along the curb for approximately 195 feet and 5 inches;
THENCE in a
Northerly direction along the curb for approximately 208 feet and 3 inches to the Northwest
comer of Building 76; THENCE in an Easterly direction along the curb for approximately 67
feet and 6 inches; THENCE in a Northerly direction crossing road to the entrance to the Airfield
and along the curb of the parking area that is East of Hangar 82 for approximately 173 feet;
THENCE in an Easterly direction along the north curb of the parking area for approximately 113
feet and 6 inches; THENCE in a Southerly direction along the curb of Davis Drive for
approximately 372 feet and 2 inches to the POINT OF BEGINNING; except for the following
area of property that is located at the northern end of Building 76, extending from the curb of
Davis Drive along the curb of Building 76 for 162 feet and 3 inches in an Easterly/Westerly
direction and 25 feet and 9 inches in a Northerly direction for a Right of Way as access to the
airfield. The Lease shall include the following:
1. Building 76 consisting of 24,234 square feet located at 508 Davis Drive.
2. All reasonable and necessary rights of ingress and egress to this building by way of
walkways, driveways, and roadways connected to it.
3. The area includes approximately 1.5 acres and 24,234 square feet of building space. This
includes the grounds, sidewalks, and parking lots as described around the building. The layout
of the building and parking area is shown on Exhibit B-1 and B-2 respectively.
Resolution No. 2000-RO267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT B
FLOOR PLAN OF THE LEASED PREMISE
MAP OF THE LEASED PREMISES
B-1—Floor Plan
B -la -Building #76 Floor Plan
B -2 -Area Layout
B-2a—Map
0
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MEMO
Resolution No. 2000-80267
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SING
78 79
71
EXHIBIT B -2a
91
Resolution No. 2000-RO267
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LEASED PREHISES�
NORTH
i
Resolution No. 2000-RO267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT C
PHYSICAL CONDITION REPORT
In accordance with Condition 4.2.1 of the Lease for Building 76 consisting of approximately
24,234 total square feet and approximately 1.5 acres, C. Diane Bailey, Real Property Assistant,
Air Force Base Conversion Agency (AFBCA) inspected subject property on 28 December, 1998
for the physical condition and state of repair.
The videotape recording of this inspection is on file with the AFBCA. The property is in
satisfactory condition. The videotape is an official part of these records and will provided a
detailed record of the condition of the facilities.
The Lessee has inspected or had an opportunity to inspect the property with the Government and
agrees with the Government's Physical Condition Report.
T
Agreed to this day DEPARTMENT OF THE AIR FORCE
of 2000.
BY
_UJ-004J:��
ROBERT E. LACKEY
Site Manager
Air Force Base Conversion Agency
Agreed to this I ST day CITY OF LUBBOCK
of -1�1 2000.
BY ��—
N WALKER
Chief of Police
City of Lubbock
Resolution No. 2000—RO267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT D
ENVIRONMENTAL CONDITION REPORT
The undersigned Parties agree that they have read and understand the Base Wide Environmental
Baseline Survey (BEBS) for Reese Air Force Base, TX, dated November 1996, and the
Supplemental Baseline Survey (SEBS) for Building 76, dated 21 December 1998. Each Party
affirmatively states that it has had the opportunity to (a) perform any inspections it deems
appropriate to adequately document the conditions of the Premises and the properties that are
subject to this Lease; (b) contribute to the development of the BEBS and the SEBS; and (c)
perform inspections it deems appropriate for this transaction. The Parties further agree that,
subject to the limits of the methodology employed in preparing the BEBS and SEBS inspections,
the condition of the Premises and property that are the subject of this Lease are, to the best of
each Parties' knowledge, as described in the BEBS and SEBS at the time of the signing of the
Lease.
I 6T
Agreed to this day DEPARTMENT OF THE AIR FORCE
of 2000.
BY Ile
ZeL
kOBER
E. LACKEY
Site Manager
Air Force Base Conversion Agency
ST
Agreed to this i day CITY OF LUBBOCK
of 2000.
BY �✓�
IkEN WALKER
Chief of Police
City of Lubbock
EXHIBIT D Resolution' -No. 2000-RO267
SUPPLEMENT TO THE BASE -WIDE ENVIRONMENTAL BASELINE SURVEY
Building 76
Reese Air Force Base, Texas
This supplement to the Base -Wide Environmental Baseline Survey (EBS) documents
updates to the environmental conditions of Building 76 at Reese Air Force Base (AFB) and is
based on a review of the November 1996 Reese AFB Base -Wide EBS and a visual site
inspection (VSI) of the property which was conducted on December 15, 1998. Based on an
analysis of the available data, this survey concludes that the property is Environmental Condition
Category 5 - Areas where storage, release, disposal, and/or migration of hazardous substances
has occurred, removal and/or remedial actions are underway, but all required remedial actions
have not yet been taken.
This supplement to the Base -Wide EBS collects available information to establish the
current .physical and environmental conditions of Building 76, and to assist the Air Force in
complying with its obligations under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) as amended (42 U.S.C. Section 9620(h)).
As detailed below, the information in this supplement to the Base -Wide EBS was compiled
from current records, investigations, and visual site inspections. Any changes or information not
outlined below is considered to be the same as stated in the Base -Wide EBS.
The following is an update to the environmental findings listed in the Base -Wide EBS.
W
3.3.2.3 Current IRP Status
Site
Number
Site Name
Current
Category
Status
SS -02
Tower Area
5'
The RCRA Facility Investigation is complete. The on -base
portion of the Interim Corrective Action Expansion is
complete. The off -base portion is currently under construction
and will be complete by June 1999. All other information is
in the Base -Wide EBS.
CERTIFICATION
I certify that the property conditions stated in this report are based on a thorough review of
available records, visual inspections, sampling and analysis as noted and are true and correct, to
the best of my knowledge and belief.
TIMOTHY D. BRECHEEN
BRAC Environmental Coordinator
AFBCA/DC-REESE
s:env\fosl\police academy\ebssupp
Z% Ow q%
Date
Resolution No. 2000-80267
*04:111.10 6 1
ENVIRONMENTAL BASELINE SURVEY
Visual Site Inspection BLDG #76 (VSI)
Facility #: 76
Past Use: (Same as above}
Name/Current Use 35th Flying Training Squadron
Location/Topography: 508 Davis Dr./flat
Year of Construction: 1969 _ Major Renovations: 1986
Does/Did facility use Hazardous Material: n Yes ® No Types:
Does/Did facility store Hazardous Material: n Yes ® No Types:
Does/Did Facility generate Hazardous Waste: n Yes ® No Types: _
Does/Did Facility store Hazardous Waste: n Yes ® No If Yes ❑ Accumulation point #
E] Satellite point
Other
Years of Storage: N/A
Disposal practices: N/A
"Housekeeping" in and around building is ® Good Q Poor
If Poor:
Effluent/discharged waste destination: ® Sanitary Sewer Q Industrial Sewer [] Septic Tank ❑ Storm
Drain
n Other
Conditions not mentioned that present concerns: _
Interviews:
Page 1 of 2
Resolution No. 2000-8-0267
EXHIBIT D
BUILDING #76 INSPECTION CHECKLIST
Are there any signs of the following on the property (Y -Yes N -No Unk-Unknown)
Content Size Status
A) N UST
J) N Noxious Odors
B) N AST K) N Radioactive and Mixed Waste
C) N Oil/Water Separator L) N Fill Areas/Buried Objects
D) _)L IRP Site Tower Area Plume
E) N Waste Piles/
Evidence of improper disposal
❑ Minor ❑ AOC
M) N Drums/Drum Storage
N) N Surface Water
w/in ft. to
F) N Transformers O) N Sensitive Receptors
PCBs Unknown ❑ PCB Free Label ❑ w/in ft. to
I&
G) N Floor Drains discharge to
H)__N Evidence of Spills/Staining
❑ Minor ❑ AOC
I) N Discolored Soil/Stressed Vegetation
❑ Minor ❑ AOC
P) N Other:
COMMENTS/OBSERVATIONS: Item D• Building is in the Tower Plume area, but is not directly
affected Trace amounts of asbestos were found in the sheetrock in the building. Floor tile is assumed to
be positive for asbestos Some of the flex duct in Mechanical Room 1 is assumed to be positive for
asbestos.
Inspector's Name: Stephen Jones Signature:
Page 2 of 2
Date: 15 Dec 98
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07/19/00 13:26 $ 5
806 885022 AFBCA/DC REESE
EXHIBIT D
ENVIRONMENTAL BASELINE SURVEY
Visual Site Inspection (VSI)
0002
Resolution N0. 2000-80267
Facility #: 76 Name/Current Use 35th Flying Training SQuadron/Lubbock Police Academ
Past Use: (®Same as above)
Location/Topography: 141 N Davis Dr/flat
Year of Construction' 1969 _ Major Renovations: '1986
Does/Did facility use Hazardous Material: Q Yes N No Types:
Does/Did facility store Hazardous Material: ❑ Yes N No Types:
Does/Did Facility generate Hazardous Waste: [] Yes N No Types: _
Does/Did Facility store Hazardous Waste: [l Yes N No If Yes Accumulation point #
[, Satellite point
Other
Years of Storage: N/A
Disposal practices: /
"Housekeeping" in and around building is N Good ❑ Poor
If Poor:
Effluent/discharged waste destination: N Sanitary Sewer ❑ Industrial Sewer (1 Septic Tank ❑ Storm
Drain
Other
Conditions not mentioned that present concerns: None
Interviews:
Page 1 of 2
s:vsAb1dg-76
07/19/00 13:27 $806 885 5022 AFBCA/DC REESE
EXIIIBIT D
Q003
Resolution Ho.2000-0267
BUILDING 76 INSPECTION CHECKLIST
Are there any signs of the following on the property (Y -Yes N -No Unk-Unknown)
Content Size Status
A) N UST
B) N AST
C) -v Oil/Water Separator
D) _)L IRP Site Tower Area Plume
E) N Waste Piles/
Evidence of improper disposal
❑ Minor 0 AOC
F) N Transformers
PCBs Unknown ❑ PCB Free Label ❑
G) N Floor Drains discharge to
H) -h Evidence of Spills/Staining
❑ Minor ❑ AOC
I) Discolored Soil/Stressed Vegetation
❑ Minor ❑ AOC
J)
N
Noxious Odors
K)
N
Radioactive and Mixed Waste
L)
N
Fill Areas/Buried Objects
M)
N
Drums/Drum Storage
N)
N
Surface Water
w/in f. to
0)1N Sensitive Receptors
w/in ft. to
p) N Other:
COMMENTS/OBSERVATIONS: Item D The building overlies the Tower Area Plume, but is not
directly affected. Accor ling to the Asbestos ' )urvey. asbestos containin materials located at Building
76 include wall and ceiling sheetrock vin 1 cam osite floor tiles and some of the flex duct in
Mechanical Room. All ACM observed in the building a eared to be in good condition. The northern
two thirds of the building as been remodeled with new carpet floor tiles and paint, and is in very rood
condition. The southern one third of the building is cluttered with dismantled modular furniture office
eq ulpment and trash The building is currently occupied by the Lubbock Police Department, and is used
as a training facility for new cadets.
Inspector's Name: Chris Morriss Signature: /_ Date: 19 July 00
Page 2 of 2
s:V5Ab1dg-76
Resolution No. 2000-RO267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT E
OPERATING AGREEMENT
THIS OPERATING AGREEMENT, made and entered into oni—AILLL on-AIL2000, by and between the
Secretary of the Air Force on behalf of the United States of America ("Go ernment" or "Lessor") and the
City of Lubbock ("Lessee").
1. Purpose
This Operating Agreement implements the terms and conditions of Lease No. BCA -REE -12-99-0201
("Lease"), between the Air Force and the Lessee, for the use of certain premises or property on Reese Air
Force Base, Texas ("Base"), on an interim basis pending its final disposal pursuant to the Base Closure
and Realignment Act P.L. 100-256.
2. General
The Lease incorporates this Operating Agreement by reference. In the event of any inconsistency
between the provisions of the Lease and those of this Operating Agreement, the provisions of the Lease
will govern. Smoking is not allowed inside the buildings or government vehicles. Violations of
applicable Federal/State/Air Force laws, rules, instructions, and regulations can result in loss of driving
privileges on Reese AFB, TX and for certain offenses, total barment of offenders from the base and/or
prosecution in the United States Federal Court. Government personnel or its agents have the right to stop
any operation that could damage Air Force property or injure personnel.
3. Representatives
The authorized representative for executing and amending this Operating Agreement on behalf of the Air
Force is the Site Manager, AFBCA/DC Reese ("Site Manager, ). Except as otherwise specifically
provided, any reference in the Operating Agreement to "Site Manager" shall include the Site Manager's
authorized representatives and duly appointed successors. The authorized representative for executing
and amending this Operating Agreement on behalf or the Lessee is the Captain of the Police Academy.
4. Permits
The Lessee will provide copies of all permits required for operation of the Leased premises from Federal,
State, or local authorities to the Site Manager.
5. Safety
The Lessee will notify the Site Manager of any accident or incident occurring at the leased premises
involving its employees and/or any other persons visiting the leased premises. The Lessee will promptly
furnish such written reports concerning the occurrence as the Site Manager may require. Copies of any
reports concerning accidents will be provided to the Site Manager at the same time as they are submitted
to the proper authority.
EXHIBIT E
6. Disputes
Resolution No. 2000-RO267
LEASE NO: BCA -REE -12-00-0704
The Site Manager and the Executive Director are the focal points for informal resolution of any disputes
concerning matters under the Operating Agreement. Disputes under the Operating Agreement that
cannot be resolved informally shall be governed by the Lease Provisions.
7. Notices
All notices under this Operating Agreement from either Party shall be sent to the other Party at the
address specified in Conditions 1.5 and 1.6 of the Basic Provisions of this Lease.
8. Termination and Modification
a. This Operating Agreement shall continue in effect until the Lease Expires or is sooner terminated.
b. This Operating Agreement may be amended or modified only by mutual agreement of the Air
Force and the Lessee in writing and signed by each of the Parties hereto. Notwithstanding the foregoing,
any amendment or modification to this Operating Agreement which materially affects the Lease shall not
be effective unless and until approved by the Secretary of the Air Force or a designated representative of
the Secretary of the Air Force authorized to execute an amendment to the Lease.
Agreed to this
T _ day UNITED STATES of AMERICA
of jhMA— 2000. By its Secretary of the Air Force
BY
ROBER E.LACKEY
Site Manager
Air Force Base Conversion Agency
Agreed to this I5r day CITY OF LUBBOCK
of A"— 2000.
BY
ICEN WALKER
Chief of Police
City of Lubbock
Resolution No. 2000-RO267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT F
AREAS OF SPECIAL NOTICE
There is one Installation Restoration Program (IRP) site located on adjacent property
which impacts the property to be leased. IRP Site SS -02, Tower Area, is currently being
remediated for groundwater contamination caused by the release of solvents including
trichloroethene (TCE). Groundwater contamination has migrated under Building 76 from this
site, and quarterly groundwater monitoring is being conducted. The contaminated groundwater
is approximately 120 feet deep in the Ogallala Aquifer, which is the primary drinking water
source Aquifer in the area. The Air Force has evaluated the risks associated with this site and has
determined that this property can be used pursuant to the proposed lease, with acceptable risk to
human health or the environment and without interference with the environmental restoration
process.
LEASE NO: BCA -REE -12-00-0704
1 W4 Ilt v am
1189D&Iol.0-IM okil
Resolution No. 2000-80267
LEASE NO: BCA -REE -12-00-0704
NOTICE OF HAZARDOUS SUBSTANCE RELEASES
Notice is hereby provided that the information set out below from the Basewide EBS
and Supplemental EBS provide notice of hazardous substances that have known to
have been released on or adjacent to Building 76.
Building 76 - SS -02 Tower Area
Substance
Regulatory
CAS
Quantity
Date
Hazardous
Response
Remarks
Synonym(s)
Registry
kg/pounds
Waste ID
Number
Number
(if applicable)
TCE
Trichloroethene
79-01-6
Unknown
wnnnown
N/A
Yes
See Quarterly
Groundwater
Monitoring
Report, October
1998 Event, Reese
AFB, dated
January 1999.
Resolution No. 2000 80267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT I
UTILITY SALES CONTRACT
�r
Utility Sales Contract No. BCA -REE -12-99-0201 entered into this day of
Au 2000, by and between Air Force Base Conversion Agency (AFBCA), (hereinafter
call th Government), represented by the AFBCA Site Manager (SM) executing this contract and
the City of Lubbock, (hereinafter called the Purchaser):
WITNESSED THAT:
WHEREAS, the Government has service(s) (hereinafter call utility service) available; and
WHEREAS, the Purchaser cannot readily obtain such utility service from any other source and
desires to obtain such utility service from the Government for use at facility or Building 76 on
the former Reese Air Force Base.
WHEREAS, construction of facilities in connection with the sale of such utility service to the
Purchaser will not hinder the construction of public or private utility service facilities of a like
nature; and
WHEREAS, pursuant to Title 10, United States Code §2481, the Government is authorized to
sell such utility service to the Purchaser,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. UTILITY SERVICES TO BE PROVIDED. From and after the effective date of this contract,
the Government will furnish, subject to the limitation hereinafter provided, and the Purchaser
will receive and pay for such utility services as described in Exhibit A, Utility Service
Specifications, attached hereto and made a part hereof. Such service is furnished on a purely
temporary basis as an accommodation to the Purchaser and subject to being (a) available in
excess of Government requirements; (b) not available from another source; and (c) in the interest
of national defense or in the public interest. The Government shall not be obligated to provide
continuous utility service nor does it guarantee quality or quantity of utility service to be
provided.
2. LIABILITY. To the extent allowed by law the Purchaser shall hold and save the
Government, its officers, agents, and employees, harmless from liability of any kind, for or on
account of any claim or action that may be asserted in connection with the services furnished
under this contract, including, but not limited to, failure to provide continuous utility service,
curtailment of utility service, or termination of utility service.
3. USE OF SERVICE. The Purchaser shall use the utility service set forth herein in such a
LEASE NO: BCA -REE -12-00-0704
IN WITNESS WHEREOF, the parties hereunto have executed this contract as of the day and
year first written above.
City of Lubbock/Lubbock Police Department
P.O. Box 2000
Lubbock, TX 79457
(806) 775-2960
(Purchaser's Telephone Number)
Signature of Purchaser)
AFBCA/DC Reese
9801 Reese Boulevard North,
Suite 300
Lubbock, TX 79416
(806) 885-5010
(OL Telephone Number)
U. � -
(Signa a oef—Si t 4
LEASE NO: BCA -REE -12-00-0704
manner as not to interfere with, or disrupt in any way, the requirements of the Government or of
any other Purchaser served by the Government. Such service shall be for the exclusive use of the
Purchaser and shall not be used for resale except to the Purchaser's tenants. lessees, or
contractors performing work on the Purchaser's facilities. The Purchaser shall use the utility
service economically and comply with all conservation procedures in effect throughout the site.
4. LICENSE FOR FACILITIES. The Government hereby grants to the Purchaser a license to
enter upon Government property and use a site or sites to be agreed upon between parties hereto
upon which the Purchaser shall install, operate, and maintain the required facilities, if any,
necessary for obtaining utility service; and such license shall continue in effect until termination
of this contract. Upon termination of utility service contemplated herein, the Purchaser, at
Purchaser's expense, shall remove promptly all facilities for obtaining utility service installed by
the Purchaser on the former Government installation and shall restore Government land and
facilities to their original condition. If the Purchaser fails to so remove such facilities within
ninety (90) days, they will be deemed to be abandoned and become Government property.
5. FACILITIES TO BE PROVIDED. The Government shall not be obligated in any way for the
cost of making connections for Purchaser's service. Purchaser shall, at Purchaser's expense,
furnish, install, operate, and maintain all facilities required to obtain service, including suitable
metering and regulating equipment and service connections to the Government's utility system.
Plans for all such facilities shall be subject to the approval of the Site Manager, and the
installation of such facilities shall be subject to the Site Manager's supervision.
6. RECAPTURE. In the event this contiact is terminated in accordance with the terms hereof,
the Government shall have the right to recapture immediately any utility facility it may have
furnished in connection with the sale of any utility service to the Purchaser.
7. COVENANT AGAINST CONTINGENT FEES. The Purchaser warrants that no person or
selling 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.
8. RATES AND PAYMENT. For all utility service furnished to the Purchaser under this
contract, the Purchaser shall pay the Government at the rates specified in the Schedule of Utility
Sales Rates, Exhibit B, attached hereto and made a part hereof. Whenever the sales rates require
adjustment, the Purchaser will be provided a new Exhibit B showing the new rates and the date
the new rates are effective. Private or public colleges or schools shall be charged at the cost to
the Government of supplying the service computed according to AFI 32-1061 by the Site Utility
Engineer. Non-federal organizations shall be charged at the local prevailing rate for similar
service, but not less than the cost to the Government of supplying the service. The local
prevailing rate is the current rate the Purchaser would be charged for a particular class of service
if the service could be obtained directly from the nearest off site utility supplier. If, during the
life of this contract, there should be either a change in the applicable local prevailing rates or in
the cost to the Government of supplying the service, the rates set forth herein will be adjusted as
LEASE NO: BCA -REE -12-00-0704
required to conform therewith. Costs to the Government for supplying the service are
recalculated for each utility service not later than 1 December of each year, using prior fiscal year
cost date and at any time the purchased cost to the Government changes. New rates to the
Purchaser shall become effective on 1 December of each year and on the date a change in
purchased cost to the Government becomes effective or on the effective date of any change in the
applicable local prevailing rate. The Government agrees to furnish, subject to the conditions set
forth herein, and the Purchaser agrees to take and pay for such service at the adjusted rates from
and after the date the adjusted rates are made effective. Should the Government be billed on the
basis of a proposed rate increase, subject to approval of a regulatory body, the Purchaser shall be
billed accordingly. If the proposed rate is subsequently denied or reduced, then any refund due
the Purchaser will be applied against future billings. The Government will render invoices to the
Purchaser. All invoices for utility services will be due and payable ten (10) days after the
delivery of said notice.
9. METERING. A meter shall be installed, at Purchaser's expense, when the total cost to install
the meter does not exceed the estimated gross revenue for one year. In the event a meter fails to
register during any metering period, the daily average consumption of any previous period
representative of the period the meter failed will be used. Meters shall be tested in accordance
with the local commercial practices. When a meter is not installed a detailed engineering
estimate shall be made, and updated by 1 December each year, by the site utility engineer within
thirty (30) days of any change affecting estimated consumption; such as more or less square feet
of area occupied, or more or less equipment installed that consumes energy.
10. DISPUTES. Any dispute arising under this utility contract not resolved by mutual
agreement between the Purchaser and the Site Manager shall be decided by the Air Force Base
Conversion Agency Program Manager, who shall manifest his decision in writing and mail, or
otherwise furnish a copy thereof, to the Purchaser. The decision of the Air Force Program
Manager shall be final and conclusive. Pending final decision of a dispute, utility service shall
continue and be paid for under the terms and conditions set forth in this contract.
11. TERMINATION. Service under this contract may be terminated by either party by
providing thirty (3 0) days, advance, written notification to the other party. However, in the event
of a national emergency proclaimed by the President, the Government may terminate this
contract immediately without such time as, (a) the service contemplated herein becomes readily
available from another source; (b) the AFBCA Operating Location furnishing said service
becomes inactive; or (c) the Government no longer has facilities and/or personnel available to
supply the service; or (d) the Government can no longer supply such service as surplus to its own
needs.
12. APPROVAL. This contract shall be subject to the written approval of the Air Force Site
Manager and shall not be binding until so approved.
13. CONTRACTUAL CONTENTS. Attached to and made part of this contract are: (a) Utility
Service Specification, Exhibit A5 -A6, and (b) AF Form 3555, Schedule of Utility Sales Rates,
Exhibit B.
Resolution No. 2000-80267
LEASE NO: BCA -REE -12-00-0704
UTILITY
SALES RATES, EXHIBIT B
RATES EFFECTIVE AS OF l , 2000, are hereby attached to and made part
of the Utility Sales Contract/Agreement No. BCA -REE -12-99-0201.
NAME OF FACILITY: Lubbock Police Department
Building: #76
SERVICE PER UNIT OF RATES
MEASUREMENT
Electricity per kilowatt hour (KWH) N/A
$/KWH
Gasper 1,000 cubic feet MCF
N/A
$/MCF
Steam per pound (=1,340 BTU per pound)
N/A
$/lb.
$
High Temp Hot Water per
N/A
KGAL
Water per 1,000 gallons (KGAL)
$1.36 and
$/KGAL
$1.85
Sewage per 1,000 gallons (KGAL) $/KGAL
$1.33
Refuse Collection and Disposal per N/A
f R/F � W/1'
SI(fNA1TJRE OF PURCHASER
ESTIMATED
ANNUAL
CONSUMPTION
N/A
ESTIMATED
ANNUAL COST
N/A
$
MCF
N/A
$
N/A
$
318
$1,993.76
KGAL
250
$924.70
KGAL
N/A
$
TOTAL ESTIMATED
ANNUAL COST
$2,918.46
-I-oo
DATE
f--") -Ila
DATE
Resolution No. 2000-RO267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT A-5
POTABLE WATER SERVICE SPECIFICATION
ATTACHED TO AND MADE PART OF UTILITY SALES CONTRACT NO.
BCA -REE -12-99-0201
1. ESTIMATED POTABLE WATER SERVICE:
Estimated annual consumption: 318 KGAL (KGAL =1,000 gallons).
(Neither party is obligated to deliver or receive, nor is it restricted to, the above estimates.)
2. QUALITY OF POTABLE WATER. The Government will supply the Purchaser with the same
quality of potable water as the water obtained by the Government from its supplier or source of
water.
3. POINT OF DELIVERY. The point of delivery of potable water will be at the point of
connection with the Government's potable water line located at the buildings. Water is supplied
from the base water distribution system.
4. METERING. Potable water will be estimated based on building occupancy.
(Reword if consumption is estimated.)
5. ALTERATIONS and ADDITIONS.
Meter charges of $127.34 per month will be included in the annual estimate.
Sprinkler rates are $1.85 per Kgal. Annual estimate of sprinkler usage is 68 Kgal.
Resolution Ho. 2000-80267
LEASE NO: BCA -REE -12-00-0704
EXHIBIT A-6
SEWAGE SERVICE SPECIFICATIONS
ATTACHED TO AND MADE PART OF UTILITY SALES CONTRACT NO.
BCA -REE -12-99-0201
I. ESTIMATED SEWAGE SERVICE:
Estimated annual consumption: 250 KGAL =1,000 gallons).
(Neither party is obligated to deliver or receive, nor is it restricted to, the above estimates.)
2. SERVICE TO BE RENDERED. The sewage to be received, carried, and disposed of,
thereunder, shall be such as is customarily received at the Government's or the Government's
supplier's sewage treatment plant and shall not contain any material which would cast an unusual
burden upon the said sewage treatment plant or interfere with the operation of the Government's
sewage system.
3. POINT OF DELIVERY. The sewage will be delivered to the Government's sewage system by
the Purchaser at the building connection with the base sewage system.
4. METERING. The quantity of sewage received by the Government will be taken as 100 % of
the quantity of water used by the Purchaser.
5. ALTERATIONS and ADDITIONS. (If any.)
NOTE: Sewage usage is estimated at 100% of the building water consumption.
Meter charges of $49.35 monthly will be included in the annual estimate.
A-
CITY OF LUBBOCK
CITY ATTORNEY'S OFFICE
OFFICE OF THE POLICE LEGAL ADVISOR
916 Texas Avenue
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2780 FAX (806) 775-2781 Pager 740-5981
FROM: Dan T. Saluri, Police Legal Advisor
DATE: July 31, 2000
TO: Bob Cass, City Manager
RE: A resolution, authorizing the Mayor to execute a five year lease with options to
extend, of Building Number 76, Davis Drive, Lubbock County, Texas, including
parking area, furnishings and certain personal property, located at Reese Airforce
Base, Lubbock Texas, and related documents to be used for police academy
purposes.
BACKGROUND:
The L.P.D. must aggressively recruit and train to fill vacancies in order to
maintain the functions of the Department. The L.P.D. is in need of a larger, expanded
facility for the academy to facilitate recruitment and training, as well as for in service
training.
The federal government has implemented a Federal Surplus Real Property
Transfer program, the purpose of which is to transfer or convey to local governments, at
no cost, surplus real and related personal property which is determined by the U.S.
Attorney General to be required for law enforcement use. Use by the L.P.D. Academy
will qualify as a law enforcement use.
With the closure of Reese Airforce Base, a suitable building that can provide
space for an expanded and improved police academy has become available. On January
28, 1999, the City Council resolved that application be made under the Federal Surplus
Property Transfer Program for the transfer or conveyance of this property to the City of
Lubbock, Resolution Number 6169. On February 25, 1999, the City Council authorized
the Mayor to enter into a one year lease with the United States Air Force. The Air Force
has accepted the City's Application for a Public Benefit Conveyance for law enforcement
purposes. Upon compliance by the Air Force with the requirements of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. § 9620), and other legal and policy requirements, the Air Force
intends to convey to the City, subject to certain reservations, restrictions, conditions and
exceptions, for law enforcement purposes, the subject property. The lease will secure the
City's continued occupancy and use of the subject property pending conveyance.
It is necessary and desirable that the police academy have continued access to this
facility pending transfer of the property to the City.
RECOMMENDATION:
The City Attorney's Office recommends that the resolution be passed.