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Home My WebLink AboutResolution - 3794 - Lease Agreement - FAA - Temporary Mobile Airport Surveillance Radar Site - 01/23/1992Resolution No. 3794 January 23, 1992 Item #17 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 Lease No. DTFA07-92-L-01094 with the U.S. Department of Transportation, Federal Aviation Administration, for a temporary mobile airport surveillance radar site, which Lease is attached hereto and 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 23rd ATTEST: anevte uoyd, APPROVED AS TO CONTENT: Bern E. Case, Director of Aviation APPROVED AS TO FORM: A4�eg TK4)_� 'Harold Willard, Assistant City Attorney HW:dw agenda-DgIFl/SurRadar.Res day of January , 1992. B. C. McM N , MAYOR U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Resolution No. 3794 January 23, 1992 Item #17 Lease No. DTFA07-92-L-01094 Temporary Site, Airport Surveillance Radar (ASR -9) (Mobile Radar) Lubbock International Airport Lubbock, Texas LEASE between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA This LEASE, made and entered into this 23rd day of January in the year one thousand nine hundred and ninety-two, by and between CITY OF LUBBOCK, TEXAS, whose address is Lubbock International Airport, Route 3, Box 389, 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 January 1, 1992, and ending September 30, 1992, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: A tract of land measuring 100' x 100' on the Lubbock International Airport, said tract being more particularly described on the attached drawing labeled as Exhibit "A," dated October 18, 1991, for use as a temporary mobile airport surveillance radar site pending improvements to the existing airport surveillance equipment. a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. 1 Lease No. DTFA07-92-L-01094 Temporary Site, Airport Surveillance Radar (ASR -9) (Mobile Radar) Lubbock International Airport Lubbock, Texas 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. 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 airport surveillance radar facilities upon the premises hereby leased. 3. CANCELLATION: The Government may terminate this thirty (30) days' notice in writing to by certified or registered mail. 4. OFFICIALS NOT TO BENEFIT: lease at any time by giving at least the Lessor. Said notice shall be sent 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. 5. 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 4 Lease No. DTFA07-92-L-01094 Temporary Site, Airport Surveillance Radar (ASR -9) (Mobile Radar) Lubbock International Airport Lubbock, Texas 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. 6. 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 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 7. 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 3 Lease No. DTFA07-92-L-01094 Temporary Site, Airport Surveillance Radar (ASR -9) (Mobile Radar) Lubbock International Airport Lubbock, Texas 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. 8. NOTICES: All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: The City of Lubbock, Lubbock International Airport, Route 3, Box 389, Lubbock, TX 79401 To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, ATTN: ASW -56, Fort Worth, TX 76193-0056 IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as of the date first above written. APPROVED AS TO CONTENT: 9.1" K�- Bern E. Case, Director of Aviation APPROVED AS TO FORM: Fia old Willard, Assist t City Attorney 4 CITY OF LUBBOCK, TEXAS By B. C. McMinn Title: Mayor THE UNITED STATES OF AMERICA By: ` Lottie M. Kirsch Title: Contracting Officer Lease No. DTFA07-92-L-01094 Temporary Site, Airport Surveillance Radar (ASR -9) (Mobile Radar) Lubbock 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 B. C. McMinn who signed said agreement on behalf of said corporation, was then Mayor of the City 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 23rd day of January 19 92 CORPORATE SEAL 5 Signed b� - Ranet e Boyd, City Secretary s r �T�r � a�st�•� � � � T APP ROAf To_ >e - c ��S' / FERS�L C -/►TE' -�,�/ LIhRD N�g2C �' � I _ �_ i N. 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