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HomeMy WebLinkAboutResolution - 3941 - Lease Agreement - DOT, FAA - Navigation Equipment - 08/13/1992Resolution No. 3941 August 13, 1992 Item 420 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agree- ment by and between the City of Lubbock and the United States of America Department of Transportation, and the Federal Aviation Administration, attached herewith, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: anelte boys, Llty secretary APPROVED AS TO CONTENT: Bern E. Case, Director of Aviation APPROVED AS TO FORM: aro Willard, Assistant City Attorney HW:js/USA&PAA.RES/D1-Agenda rev. August 4, 1992 I Resolution No. 3941 August 13, 1992 Item 420 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Runway 35L Gide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR) Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas LEASE between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA This LEASE, made and entered into this 13th day of August in the year one thousand nine hundred and 92 , by and between CITY OF LUBBOCK, TEXAS, whose address is Route 3, Box 201, Lubbock, TX 79401, for itself, its successors, and assigns, hereinafter called the Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning October 1, 1992, and ending September 30, 1993, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: 1 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas REILS: Runway end identifier lights adjacent to Runway 26, as more particularly shown on Drawing No. SW -E -9027-1A, dated 5/11/77, and Runway 08, together with the necessary power and control cables, as more particularly shown on Drawing No. SW -D -9748-1A, dated 1/20/81 VASI'S: A 4 -box visual approach slope indicator (VASI) adjacent to Runway 35L, VASI adjacent to Runway 08L, and a VASI on Runway 26, including the right to install, operate, and maintain power and control cables thereto, as more particularly shown on Drawing No. SW -E -9027-1A, dated 5/11/77. MALSR-GS-MM-RVR-RBC: Medium intensity approach lighting system (MALS) with runway alignment indicator lights, glide slope, middle marker, runway visual range system, rotating beam ceilometer adjacent to runway 17R, as more particularly shown on Drawing No. SW -E -9027-1A, dated 5/11/77. LOCALIZER: From the northeast corner of the northwest quarter of Section 10, Block A, Lubbock County, Texas, at a fence corner and the point of beginning go south 1320 feet, more or less, to fence corner; thence west 605 feet with fence line; thence north 255 feet; thence east 575 feet; thence north 1065 feet, more or less; thence east 30 feet to the Point of Beginning and containing 4.28 acres out of northwest quarter of Section 10, Block, A, Lubbock County, Texas. Bearings are true. As more particularly shown on Drawing No. SW -E -9027-1A, dated 5/11/77, attached hereto and made a part hereof. 2 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas a. No structure or obstruction within 750 feet of the antenna shelter or within the 25° segment. b. Any structure or obstruction between 750 feet and 1000 feet of the antenna shelter shall be limited to 10 feet in height. ENGINE GENERATOR SITE: A tract of land located on the Lubbock, Texas, International Airport, and more particularly described as follows: From the southern most corner of the Administration Building go southwesterly 770 feet thence SE 15 feet to a Point of Beginning; thence SE 55 feet; thence SW 60 feet; thence NW 55 feet; thence NE 60 feet to the Point of Beginning and containing 0.07 acre, more or less. Bearings are true. ODALS: Omnidirectional approach lighting system (ALS) on runway 35L and associated power and control cables, as more particularly sown on Drawing No. SW -D -9748-1A, dated 1/20/81. CABLE RIGHT-OF-WAY: The Lessor grants to the Government the cable right-of-way it needs, the right to bore under Taxiway "L," and use of its existing power cable ducts as shown on Drawing No. SW -D -9748-1A, dated 1/20/81, attached hereto and made a part hereof. a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a 3 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. C. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days' written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED that no renewal shall extend this lease beyond the 30th day of September 2007. 4 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas 3. RENT: The Government shall pay no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligation assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 4. CANCELLATION: The Government may terminate this lease at any time by giving at least thirty (30) days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. 5. DISPUTES: a. This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. C. (1) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising under or relating to this lease. (2) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in 5 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (3) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith, the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. e. For Lessor claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. f. The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. g. The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. P Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas h. Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365- or 366 -day year, whichever applies. i. Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 6. 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 that may arise therefrom; but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. 7. LESSOR WARRANTY: The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other consideration, the full amount of such commission, brokerage, percentage, or contingent fee. 7 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas 8. CHANGE OF ADDRESS: Any change in the Lessor's address should be made known to the Federal Aviation Administration promptly since the checks covering rental payments will not normally be forwarded by the Post Office Department. 9. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I and Class II facilities, or components thereof, as defined below, covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitters/Receiver (Tower) Airport Traffic Control Towers Airport Surveillance Radars Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Flight Service Stations Visual Landing Aids Direction Finding Equipment VOR's, TVOR's, and VORTAC's (Instrument Approach) Weather Observing and Measuring Equip. (Owned and operated by FAA) Central Standby Powerplants 0 Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas CLASS II FACILITIES Long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Centers Flight Service Station Remote Control Air -Ground Remote Communications Outlet Communication Facility Limited Remote Communications Outlet Other En Route Facilities 10. NON -RESTORATION: It is hereby agreed between the parties that upon termination of its occupancy the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. 11. NOTICES: All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of Lubbock, Route 3, Box 201, Lubbock, TX 79401 To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, ATTN: ASW -56, Fort Worth, TX 76193-0056 X Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as of—'tke date first above written. '?%�' -- - =.vide DR: TW O. .06 ;STON Ranet Boyd, City Secretary A,PPROVED AS CONTENT: Bern Case, Director of Aviation APPROVED AS TO FORM: Via: Aaroldda0111ard, Assistant City Attorney 10 THE UNITED STATES OF AMERICA By: Beverly J. Mayes Title: Contracting Officer Lease No. DTFA07-93-L-01011 Runway End Identifier Lights (REIL), Rwy 08/26 Visual Approach Slope Indicator (VASI), Rwy 08L/26/35L Runway Visual Range System (RVR), Rwy 17R Rotating Beam Ceilometer (RBC), Rwy 17R Omnidirectional Approach Lighting System (ODALS), Rwy 35L Glide Slope (GS)/Middle Marker (MM)/ Localizer (LOC), Rwy 17R Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Rwy 17R Remote Transmitter Receiver Site (RTR), Access Road, Utility Building, Storage Building, Cable Right -of -Way for REIL on Runway 08 International Airport, Lubbock, Texas CORPORATE CERTIFICATE I, Ranette Boyd , certify that I am the City Secretary of the Corporation named in the foregoing agreement, that David R. Langston who signed said agreement on behalf of said corporation, was then Mayor thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 13th day of August 19 92 Signed ':--Z' Rane to Boyd, City Sec&ITary CORPORATE SEAL 11 MAP IN FILE SEE RESOLUTION # 39q Page is too large to OCR. Page is too large to OCR.