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HomeMy WebLinkAboutResolution - 3175 - Lease Agreement - FAA - Office Space, LIA - 08/10/1989Resolution # 3175 August 10, 1989 Item #18 HW:dw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 0 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 Agreement with the Federal Aviation Administration for space at Lubbock International Airport for a Sector Field Office, attached herewith, which 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 10th day of August 1989. e B. C. MCMI N, MAYOR ATTEST: n¢tte Boyd, City Secretary ._APPROVED'AS TO CONTENT: Marvin Coffee, Direc o of Aviation APPROVED AS TO FORM: ', 1Y 411,;4d.,, Y arold Wil ar Assistant Nty Attorney Pon U.S. Department of Transportation Federal Aviation Administration AUG 3 0 1989 Mr. Marvin Coffee Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, TX 79401 Dear Mr. Coffee: Southwest Region Fort Worth. Texas 76193-0000 Arkansas. Louisiana, New Mexico. Oklahoma Texas Lease No. DTFA07-89-L-01154 Sector Field Office II Lubbock International Airport, Texas A fully executed copy of the subject lease is enclosed herewith. Thanks to you and your assistants for your prompt and courteous attention to our request. Sincerely, er;g�ifIrlhillips Contracting Officer Enclosure 0 Resolution # 3175 ` August 10, ] 989 srA FORM T U.S. GOVERNMENT FEaRUARY UARY 1 19E5 EDITION GENERAL SERVICES ADMINISTRATION LEASE FOR REAL PROPERTY FPR (4t CFR)1-16.6D1 DATE OF LEASE ` I LEASE NO. DTFA07-89-L-01154 THIS LEASE; made aad ent red into this date by and between the CITY OF LUBBOCK whose address is Lubbock International Airport Route 3, Box 389 Lubbock, TX 79401 and whose interest, in'the property hereinafter described is that of Owner hereinafter called the "Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Thirteen rooms, hallways, and vestibule totaling 2,699 square feet as more particularly stated in Article 9 hereof and shown on Exhibit "A" attached hereto and made a part hereof, with the right to all common areas. /s to bea.�e��oer the Federal Aviation Administration. Lubbock Sector Field Office (SFO) II 2. TO HAVE ANL TO HOLD the said premises with their appurtenances for the term beginning on Julx 1 r... 1989. ... through ...September 30�_-_1989___..__.., subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent ofs-19,56.7...15................................ at the rate of .................................. per ... flRuernment.-lis cal. .quarter----------- to arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: 4. The Government mm terminate - to the Lessor and no rental i•nall accrue computed commenc- r provided notice be given in g�,.deconditi.nste Lessor alast ..................... days before the end of the original lease term or any renes ; all other terms of this lease shall remain the same during any renewal term. 2-106 aouIoa sssI Aaanae3j (E9t6) 9ZS-LZ4 - o E86t = 20MIO ..Luna SNsl•mimoJ •S'n {l ZWHOA GNVONV1S TtTud 8T .zoaD -'--'-' -'--_..___-'--- '-------------'- --'-----� -'--------- - As IF r�Ia3wv S31VIS a31INn (rta.rpy) -- -- (suryvn8rs) SAO 30N3S3 NI 0 Iwo -'-------(I----------------- _'_-__-_-_-_--------------- ' -- -----'------------- A8 v • • --� ob 1I a 'gz"' j 'jz�-0-v XOOggnl dO UIO au2 aosS3i •aallum anoge sag alep Hui Io s8 sacueu raga pagilxgns manarac� aAeu oiaaaq sapird aqr `zloauFIHA\ SSSALiIAx Ail 'V7Z UI10a PxaPULIS 03 :Iu9mgOv33u Su. PaPPE Li aIz)I:I.IH 'XTOITIua PajaTap. 4V-Z-mAo3 PIVPUg3S `7I Pta 'II `I 8al3T3ay "TaxTaua'Pa3aTap 'Z mxo3 paapuVIS `S Puv t saTOT41V monnaaxa $ir 03 rood Mal Sly u, apses asam sa8usya BuTmoj(oj aU •8 • CST V-9S3U-Vaja • oK SuTmv (I ,IV,, :lT gTlgxa • J '6I g2noxq:l .6 Sa.T:MIIV sSuoTsTeoad osaal IETondS •q •(uompa --(Yt6T'-k'SR-- 'd -z w.To3 paspusis) suopmnsui pus suois►Aord ($rauao au • E :IoaJay 3.zsd s apsw pus papsus an Suimol;o; aqL •L •$I aT3T3JV aaS :BuTmolTo; ayi'uoppapuuo) pnuaa aye jo inct-ts'3uawusaeog ayj of ystuJn} nags rossa-1 ayy •g Lease No. DTFA07-89-L-01154 Sector Field Office II Lubbock International Airport Lubbock, Texas SPECIAL PROVISIONS 9. ROOM SCHEDULE: ADMINISTRATIVE Manager's Ofc/Conf. Rm. 240 Secy/Reception Area 144 Supply Teoh•s Ofo./Stg. 189 Hadar Arts Supvr, Ofo, 120 Nav/Comm Supvr Ofc. 143 Supvrs' Clk. Steno Ofc. 120 Computer/Copier Rm. -142 SUBTOTAL 1,099 TECHNICAL 5.00 Equipment Room/Workshop 638 Equipment Parts Stg. 113 Remote Facilities Stg. 91 Remote Facilities Stg. 104 CSI Training/Study Rm. 120 C81 Computer/"fest Rm. -11322 SUBTOTAL 1,198 HALLWAYS f EXITS Vestibule 37 Hallways/Fire Exit Areas (36+11+67+34+126*91=365) 365 SUBTOTAL 402 TOTAL �a Base Util/ S 4,625.50 Rent Svcs. Total 5.04 2.25 659.75 $5.00 ,2.25 S 1,740.00 5.00 2.25 1,044.00 5.00 2.25 1,370.25 5.00 2.25 670.00 5.00 2.25 1,036.75 5.00 2.25 870.00 5.00 2.25 12036-75 7,967.75 5.00 2025 S 4,625.50 5.00 2.25 61.9.25 5.04 2.25 659.75 5.00 2.25 754.00 5.40 2.25 670.00 5.00 2.25 - ..`577.00... 8,685.50 5.00 2.25 $ 268.25 5.00 2.25 2,646.25 $ 2,914.50 Al2.567.75 Lease No. DTFA07-89-L-01154 Sector Field Office II Lubbock International Airport Lubbock, Texas 10. RENEWAL OPTION: This lease may, at the option of the Government, be reneged from year to year at an annual rental of NINETEEN THOUSAND FIVE HUNDRED SIXTY SEVEN AND 75/100 DOLLARS (,199567.75) payable in the amount of FOUR THOUSAND EIGHT HUNDRED AINETI-ONE AND 94/100 DOLLARS (54,891.94) per quarter in arrears; and otherwise upon the terns and conditions herein specified. The: Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (30) days* notice that it will not exercise its option, before this lease or any renewal thereof expires; PhOVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 199,f. AND A�A PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. 11. CANCELLATION The Government shall have the right and privilege to cancel this lease, wholly or partially, at any time during the tete of this lease or during the term of any renewal thereof upon giving the Lessor thirty (30) days• notice in writing, such notice to be computed from the date of the postmark on they envelope in which such cancellation notice is mailed, and no rentals shall accrue after that date; EXCEPT, That portion of the lease pertaining to utilities and services, which may be renegotiated and/or canceled by either party upon thirty (30) days' written notices as defined above, and the monetary consideration of this lease adjusted, therefor; PROVIDED, however, that any rate so negotiated shall not be in excess of a rate charged to any tenant of the Lesser having similar conditions of se=rvice. utility service rates are to be computed as $2.25 psf and the bare space rental rates to be computed at $5.00 psf per annum as shown on Article 9 be3reinabove. 12. PROMPT PAYNEET: The Prompt Payment Act (Public Law 97-177) and. Prompt Payment Act Amendments of 1488 (Public Law 100-496) are applicable to payments and interest on overdue payments under this lease. 13. DISPUTES'. a. This leaze is subject to the Contract Disputes Act of 1978 (Public Law 95-553). b. Except as provided in the Act, all disputes arising, under or relating to this lease shall be resolved in accordance with this clause. Lease go. DIFA07•£9-L-01154 Sector Field Office II Lubbock International Airport L bbooko Texan c. (1) As used hereein, "claim* means a written demand or assertion by one of the parties ""kine, as a legal right, the payment of money, adjustment, or Interpretation of lease teerms# or other relief, &riarsing under or relating to this lease. (2) A voucher, Invoice* or request for paxycent that is not in dispute when subw4tteed Is not as olaix for the purposes of the &at. Howeveer$ where* such subrissior is subsequently not acted upon in a reasonable time, or disputed either as to liability or aanount, It may be converted to a claim pursuant to the Act. (3) A claim, by the Lessor shall be made* in writings 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 &baall submit with the claim +a. certification that the claim Is made in good faith; the supporting data are accurate and complete to the beat of the Lessor's knowledge and belief; and the amount requested aae*uratea:ly reflects the lease adjustment for which the Lessor believes the Government Is livable. The certification *hall be executed by the Lessor If an individual. Vheen the Lessor is not an individual, the certification shall be executed by as *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 caonduot of the Lessor's affairs". e. for Lessor claims of $50,000 or leesz,s # the Contracting Officer must render a decision within 60 days. for Lessor claims in excess of $50,000, 0, the# Contracting Officer must decide the claim within 60 days or notify the Lessor of the date %been the decision will be made. f. The Contracting Officer'* 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 decidee. Lease No. DTFA07-$9-L-01154 Sector Field Office II Lubbock 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 account 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 (10x) 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. 14. INTERIOR PAINTING LEASED_ PREVIISESs The Lessor shall repaint the interior of the leased premises not less than once every five (5) years of Government occupancy under this lease or any renewal thereof. 15. REPAIR AND FEPLACEKENT OF WINDOW COVERS: The Lessor agrees to repair or replace existing blinds, shades, and drapes as may be required and resulting from fair wear and tear during; the Government's occupancy of the leased premises. 16. INTI, ERFERUCE WITH THE GOVERNMENT'S OPERATIONS: The Lessor agrees that in the event any of the Lessor's operations or facilities located on the demised premises causes Interference with the Government's operations conducted on the leased premises, the Lessor shall, upon being notified by the Government's Contracting Officer, make every reasonable effort to eliminate the cause of such interference. 17. NON -RESTORATION; The Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which in the subject matter of this leasee. 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. Lease No. DTFA07-89-L-01154 Sector Field office II Lubbock International Airport Lubbock, Texas 18. SERVICES Ates UTILITIW s a. The Lessor shall furnish to the Government, as part of the: rental consideration, the following items including service and maintenances to and use of common areas as identified on Exhibit "A," Drawing No. DTFA-&E56-4-153, revised May 17, 1989, attached hereto and made a part hereof: (1) Matters fresh and potable chilled water through the Lessor's owned and maintained drinking fountain available to the premises occupied by the Government. Potable hot and cold water shall be: furnished for use by the Government in the Lessor's owned and maintained male; and female toilet facilities and vending area available to the leased premises. (2) Sewage: e: Plumbing and sewage system adequate to provide waste disposal for the Lessor's owned and maintained toilet facilities and for waste drains within the leased premises. (3) Electricity: Sufficient current for all lights, wall outlets, air-conditioning, communicsations$ office machines, and Government-owned personal computers and equipment; replacement of fluorescent tubes, ballasts, and starters as required; and safe disposal of used or replaced fluorescent tubes. (b) WasteAisstecsals The Lessor shall dispose of all paper or trash collected and removed from the leased presmi.ses. (5) beating.,Air-CondItioning,,and Mechanical Ventilations Heating, air-conditioning, and ventilation systems which are capable of maintaining inside temperatures in the range from a low of 70 degrees F. during the heating season to a high of 78 de=grees F. at all ether times, throughout the occupied premises, regardless of outside temperatures. (6) Energy Conservation Operating Practices: The following operating practices shall be followed whenever these settings wily, result in Fuel savings: #teatt4 Se3asont During the beating season temperatures shall be 65 to 68 degrees F. Air-ConditioniMSeasont During the Asir-conditioning season temperatures shall be maintained from 78 to 80 degrees F. Lease leo. DTFA07-69-L-01154 Sector Field Office 11 Lubbock International Airport Lubbock, 'Texas At Other Times When Meat or Air-ConditioninE. in not e uired: During these times, temperatures shall be allowed to vary from 65 to EO degrees F. Areas having excessive beat gain or heat loss, or affected by solar radiation at different times of the day, shall be independently controlled so that the interior temperature conditions stipulated can be maintained. Temperatures :in the ,space will be maintained without drafts and air-conditioning equipment noises. (7) Vehicle Parki Free parking for all Government employees, visitors, and Government-owned vehicles. b. The Goverrss+ent shall provide its own janitorial service, said ,service to include the common hallway, rest rooms, and break room so long as the Government is the only tenant in the building. At such time as the Lessor leases apace within the building to another tenant, a suitable arrangement for the Goverment, the Lessor, and the neer tenant will be made at that time. The Lessor shall contact the Government's Contracting Officer immediately should another tenant be scoured. 19 • PORTABLE FIRE EXTINHISHERS s The Lessor ,shall furnish portable fire extinguishers meeting local requirements and the requirements of the Occupational Safety and Health Act. The Lessor shall maintain the extinguishers in a :groper and safe Operating condition at no cost to the Government. GENERAL PROVISIONS,CERTIFICATION AND ' INSTRUCTIONS U.S. Government Lease lor i Real : Property GENERAL PROVISIONS a .. t, - •,;" 1•�8ttssarrrl s� contract, or to anpp tsenent the t wap' arise therefrom•' b extend to this lease The G y sublet any part of the premises but this, provision shaII'not be coustrued.to contract °If made with a corporation for its general benefit. shall relieved from any obligations under this lease ; • S. Asm(mmrr T o8 CLAIMs. 2. MAINTENANCE. of PBEMISES. The Lessor shall maintain the demised premises, including pursuant to the provisions of the .Assignment of Claims Act of 1940, as amended (81 U.S.C.'f 208, .41 U.S.C. 17, if the building -and any and all equipment, fixtur6s, and a - this in this lease provides for payments ,aggregating $1,0000 or more, claims for monies due ar to become -due the Lessor purtenances, furnished by the Lessor under crease �goodd repair, and tenantable condition, except in case of damaage arising from the act or the negligence of the Gov- from the Government under this contract may be assigned to a bank, trust company or other financinginstitution, Federal len14i agency, and may thereafter ernment's is or employees. For thepurpose of so main- taining Sal remises and property, the Lessor may at times, and with the approval of the authorized including any be further assigned or reassigned to any such institution. Any such assignment or reassignment shall cover all amounts pay - reasonable Government representative in charge, enter and inspect the able under this contract and not already paid, and shall not be to more than one parth except that any such assign - same and make any necessary repairs thereto. made meat or reassignment may be made to one party as agent in such S' 8. DAwAGE $Y FM OR OTHER CASUALTY- or trustee for two, or more parties participating' nancing. Notwithstanding any provisions of this contract, If the 'said premises be destroyed by Are or other casualty, this lease shall ,immediately terminate. In case of partial payments to an assignee of any monies due or to become due under this contract shall not, to the extent provided in destruction or damage, so as to render the premises eaten- datable, as determined by the Government, the Government said Act, as amended,.be subject to reduction or set-off. may terminate the lease by giving written notice to the Lessor within fifteen (ib) da thereafter; ii so terminated de- 9. EQUAL OrroRTUMW CTAUS& is no rent shall accrue to the Lessor after such partial struction or damage; and if not so terminated the rent'shall (The following clause isappplicable unless this contract exempt under the rules, regalations,'and relevant orders of be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. the Secretary of Labor (41 CFR, ch. 60) -) ming the performance of this contract, the Contractor 4. ALTERATiONs. The Government shall have the right during the existence fixtures agrees as follows: ; (a). The Contractor will not discriminate against �Y'- pla,vee or applicant for employment because of race color, take of this lease to make alterations, attach and erect additions structures or signs in or upon the premises hereby religion, sex, or national origin The Contractor will action, to ensure that applicants are employed, leased, which fixtures t additions or, structures so placed in, upon or attached to fife said premises shall be and remain the Government may be removed or affirmative and that to their employees regard color are treated during employment, without inclue, 6t not be limitgion ed to, the or following: the property of and cction shall otherwise disposed of by the Government. Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoitr or termination; rates of 5. CONDMON REro$T. _ A joint physical serve and inspection report of the de- P, ys. y insp po day other forms of compensation •and selection for train ins, including apprentices ih p. The'Gsontractor agrees 'to post mi premises shall be made as of the effective date of this sed lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. in conspicuous laces, available to employees and applicants for employymment no to be provided b the Contracting Offices asitias forth the provisions of this Opportunity 6. CovENANT AGAINST CONTINGENT FEES. clause. , (b). The Contractor;will, in alt solicitations or advertise - The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon menta for em loyees placed by or oa behalf of the Contractor, state that all qualified applicants wlll receive consideration sex, an agreement or understanding for a commission, percent- age, brokerage, 'or contingent fee, excepting bona fide em- for employment without regard to race, color, religion, or national origin. , The to each labor union or repre- ployees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of security busi- ness. For breach or violation of this warranty the Govern- • (c) Contractor will send sentative of workers with which he has a collective bargain- ins agreement or other,contract or understanding, t notice, by the Contracting Officer, advising the meat shall have the right to annul this lease without liability to be provided agency or in its discretion to deduct from the rental price or con- sideration, or otherwise recover, the full amount of such labor union or workers representative of the Contractor's commitments under -this Equal Opportunity clause, and shall commission, percentage, brokerage, or contingent fee. (Li- ceased real estate agents or brokers having listings on prop- post copies of the notice in conspicuous places available to employees and applicants for employment. erty for rent, in accordance with general business practice, ' (d). The Contractor will comply with all provisions of Ex - 24, 1965 the and who have not obtained such licenses for the sole purpose of effecting this' lease, may be considered as bona fide em- ecutive Order No. 11246 of September and of rules, regulations, and relevant orders of the Stecretary of ployees or agencies within the exception contained in this clause.) Labor. (e) The Contractor will furnish all information and ye - 7. Omcum Nos To ftmmm pports required by 1 Executive .Order: No. 41246 of September 24, 1965, and by the !rules, regulations, and orders. of.,the No Member of or, Delegate to Congress, or Resident Com- missioner shall be admitted to any share or part of this lease Secretary, of Labor, ort pursuant' thereto and will permit access to his books, records, and accounts iiy the contracting i gt >sa. a rem" Fien�n! iavtas lldminb8adon--FPA (41 CM 146.601 K&Y 1970 FAItion "63 agency and the'tecietary of labor for purposes of investiga- this section in any existing agreement or concession arrasge- tion to ascertain compliance with such rules, regulations, and went or one in which the contracting party other than the orders. Lessor has the unilateral riht to renew or extend the agree - (f) .In the event of the Contractor's noncompliance with ment or arrangement, until.the expiration of the existing the Equal Opportunity clause of this contract or, with any agreement or arrangement and the unilateral right to renew of the said rules, regu)ations, or orders, this contract may or extend. The Lessor also agrees that it will take any and be canceled, terminated, or suspended, in whole or in part, all lawful actions as expeditiously as possible, with respect to and the Contractor may be declared ineligible for further any such agreement as the contracting agency ma direct as Government contracts in accordance with procedures author- a means of enforcing the intent of this section, including, but ized in Executive Order No. 11246 of September 24, 1965, not limited to, termination of the agreement or concession and and such other sanctions may' be imposed and remedies in- institution of court action. yoked as provided in Executive Order No. 11246 of Septem- ber 24, 1985, or by rule, regulation, or order" of the Secretary. of Labor, or as otherwise provided by law. (NOTE.—This provision is applicable if this lease ego- The Contractor will include the provisions of para- tiated without advertising.)) graphs (a) through (gg) , in' every subcontract or purchase , (a) The Lessor agrees that the Comptroller neral of the order unless exempted by rules, regulations, or orders of the United States or any ofhis duly, autho ' representatives Secretary of Labor issued pursuant to section 204 of Execu- shall, until the expiration of 8 yea ter final payment tine Order No. 11246 of September 24, 1965, so that such pro- under this lease, have access to an a right to examine any visions will be binding upon each subcontractor or vendor. directly pertinent books, docu papers, and records of -The Contractor will take such action with respect to any sub- the Lessor involving trans ' ns refated to this lease. contract or purchase order as the contracting agency may (b) The Lessor furth grees to include in all his subcon- direct as a means of , enforcing such"provisione, including tracts hereunder a pr Sion to the effect that the subcontrac- sanctions for noncompliance: Provided, however, That in the for agrees that omptroller General of the United States event the Contractor becomes involved in, or is threatened or his rep rese fives shall, until the expiration of 8 years with, litigation with a subcontractor or vendor as a result of after final yment under this lease with the Government, such direction by the contracting agency, the Contractor may have a s to and the right to examine any directly pertinent request : the United -States to enter into such litigation to documents, ,papers, and records of such subcontractor protect the interests of the United States..tire subcontract. 10. FACILITIES NONDISCRIMINATION. - (a) 12. AFPLICASLE CODES AND ORDINANCES (a) As used s this, section, the term "facility" means The Lessor, as art of the rental consideration, a to stores, shops, restaurants, cafeterias, restrooms, and any , P other facility of a public nature in the building in which the compply with all codes and ordinances applicable to a own - space covered by this lease is located. ership and operation of the building in which the leased space (b) The Lessor agrees that he will not discriminate by is situated and, at his own expense, to obtain all necessary segregation or otherwise"against any person -or persons be- permits and related items. cause of race, color,' religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or 18. INSPECTION. persons the use of an facility, including any and all services, At all times.after receipt of Bids, prior to or after accept- prlvileges, accommodations; and activities provided thereby. ante of any Bid or during any construction, remodeling or Nothing herein shall' re the furnishing to the general renovation work, the premises and the building or any parts public of the use of any acility customarily furnished by the thereof, upon seasonable and proper notice, shall be accessi- Lessor solely to tenants, their employees, customers, patients,- ble for inspection by the Contracting Officer, or by architects, clients, guests and invitees. ' engineers, or other technicians representing him, to deter - (c) It is agreed that the Lessors noncompliance'with the mine whether the essential requirements of the solicitation or provisions of this section shall constitute a material breach the lease requirements are met of this lease. In the event of such noncompliance, the Gov- ernment may take appropriate action b enforce compliance,, may terminate this lease, of may pursue such other remedies as may be provided by law. In the event of termination, the If the pecified in this lease exceeds $2,000 per Lessor shall be liable for all excess costs of the Government annu imitation of Section 822 of the Economy Act of in acquiring, substitute space,' inclnding but not limited to the "cost of moving to such 'space. Substitute' space shall be obtained in as close proxlmiti to. the Lessor's building as is 15. FAILURE IN PERFORMANCE. feasible and moving costs :will be limited to the actual ex- In the event of failure by the Lessor to provide an service, pensee thereof as incurred. `- ;` utility, maintenance or repairs, required under this lease, the (eof It is further 1; at such at from and alter the date Government shall have the right to secure said services, hereof the Lessor a co concession such time' as any agreement is t , utilities, maintenance or repairs and to deduct the cost be entered into or a concession is to be permitted to operate, thereof from rental payments. include''or require' the inclusion of Aht foregoing provisions of .this' section in every such, agrebment or concession: pur- 16. LESSOR'S SUCCESSORS. suant to which any person other than, tho Lessor operates or has the right to operate any facility.. Nothing herein con- The terms and provisions of this lease and the conditions tained, however, shall be' deemed to' require the Lessor to herein shall bind the Lessor, and the Lessor's heirs, executors, in'lude or require the inclusion of the. foregoing provisions of administrators, successors, and assigns. CERTIFICATION 1. CERTIFICATION OF NdNSEMMATED 1',''AbMITIE3. By the submission of this bid, the bidder, offeror, applicant, (Applicable to (1)' contracts, (2) -subcontracts, and (8) or subcontractor certifies that he does not maintain or pro - agreements with applicants :who are themselves 1perfo g vide for his employees any segregated facilities at any of his federally assisted construction contracts, exceeding $10,000 establishments, and that he does not permit his employees to which are not exempt 'from the provisions of the Equal perform their services at any location, ;under his control, Opportunity clause.), , _ where segregated facilities are maintained. He. certifies fur= 2 Standard Form 2-A x ., May 1270 Edition ther that he will not maintain or provide for his employees prior to the award of subcontracts exceeding E10,000 which any segregated facilities at any of his establishments, and are not exempt from the provisions of the Egnal Opportunity that he will not permit his employees to perform their services clause; that he will retain such certifications in his Mes; at any location under his control, where segregated facilities and that he Will forward the following notice to such pro - are maintained. The bidder, offeror, appplicant, or subcon- posed subcontractors (except where the proposed subcon- tractor agrees that a breach of this certification a violation tractors have submitted identical ceAfi'eations for specific of the� 1 Opportunity clause in this contract. As used in time periods) : this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, res- NOTICE TO PROSPECTIVE EMCOYMCTORS OF IMQUM MENT FOR taurants and other eating areas, time clocks, locker rooms and CERTIFICATIONS OF NONBEGRMATED FACILITIES other storage or dressing areas, parking lots, drinking foun- tains, recreation or entertainment areas, 'transportation, and A Certification of Nonsegregated Facilities must be sub- housingg facilities provided for empptogee 3 which are segre- mitted prior to the award of a subcontract exceeding $10,000 gated by explicit directive or are kn fact segregated oa the which is not exempt from the provisions of the Equal Oppor- basis' of race, color, religion, or national origin, because tunity clause. The certification may be submitted either for of habit, localcustom, or otherwise. He further agrees that each subcontract or for all subcontracts during a period (i.e., (except where he has obtained identical certifications from quarterly, semiannually, or annually) . proposed subcontractors for specific timeperiods) he will ob- NOTE: The penalty for making false statements in offers fain identical certifications from proposed subcontractors is prescribed in 18 U.S.C. 1001. NOTE.—The penalty for making Juke statements in offers is prescribed in 18 U.S.C. 1001. INSTRUCTIONS 1. Whenever the lease is executed by an attorney agent, or trustee on behalf of the Lessor, two authenticated copses of hisof attorney, or other evidence to act on behalf of the Lessor, oorr, shall accompany the lease. partners composing the Lessor is a hip, the games of the lease. The mpo ng ti e� ebestated in the body of the leansigned with the partnership name, followed by the name of the partner signing the same. 8. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the lease on Its behalf, duly attested, and, if requested by the Government evidence of this authority so to act shall be furnished. 4. When deletions or other alterations are made specific notation thereof shall be entered under clause 8 of the lease before signing. b. H the property leased is located in a State requiring the recording of leases, the Lessor shall comply with all such statutory requirements at Lessor's expense. Lease No. DTFA07-89-L-01154 •_. FAA Lubbock Sector Field Office (SFO ' Lubbock, Texas `Attachment to SF 2-A - General Provisions 17. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) This clause is applicable if the amount of this lease exceeds $10,000 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this lease ems entered into by Beans of formal advertising. (b) The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this lease or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-209 as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transactions related to this lease. (c) The Lessor further agrees to include in all his subcontracts.. hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $10,000 and (2) subcontractors of purchase orders for public utility services at rates established for uniform applicability to the general public. _ (d) The periods of access and examination described in (b) and (c), above, for records which relate to (1) appeals under the "Disputes" clause of this lease, (2) litigation or the settlement of claims arising out of the performance of this lease, or (3) costs and expenses of this :ease as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed Qf. r Y Lease Do. DTFA07-69-L-01154 Sector Field Office II i Lubbock International Airport Lubbock, Texan CORFORATE CERTIFICATE Z, 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, a ypr thereof, that said agreement was duly a9igned for and in behalf of said corporation by !authority of its governing body, and is within the scope of its corporate powers. 19 • Dated this August 89 _ day of �. g �— Signed COFFORA?E: SEAL CITY OF LUBBOCK MEMO TO: Harold Willard, Assistant City Attorney FROM: Marvin Coffee, Director of Aviation SUBJECT: Preparation of Resolution DATE: July 28, 1989 City Attorney Please prepare a Resolution for the August 10, 1989 City ---4 Council Meeting. This will be for the lease agreement with the Federal Aviation. Administration for space at the Lubbock International Airport for the Sector Field Office . Q'W'Ll�t- Marvin Coffee Director of Aviation MC/ky cAt Oil �°,fIrl- .0 ;Zla- -117 Pali MEMO TO: Jim Bertram, Assistant City Manager FROM: Marvin Coffee, Director of Aviation SUBJECT: Agenda Comments - August 10, 1989 Council Meeting DATE: July 27, 1989 ITEM IV.I Consider Lease Agreement with the Federal Aviation Admini- stration for Space at Lubbock International Airport for the Sector Field Office. The Federal Aviation Administration has leased space for a number of years at Lubbock International Airport for the Sector Field Office and Flight Service Station. The space these agencies occupied was one entire building. During the consolidation of, Flight Service Stations throughout the country this operation was moved from Lubbock to Fort Worth and they vacated their portion of this building. The Lubbock Sector Field Office proposes to remain in the facility occupying 2,699 square feet out of a total of 4,980 square feet. Terms and Conditions: TERM: July 1, 1989 through September 30, 1989 with five one-year automatic renewals not to exceed September 30, 1994. RENTAL RATE: $7.25 per square foot per year ($5.00 per square foot basic rent plus $2.25 per square foot for utilities, $19,567.75 per year) provision to adjust utility rate. OTHER ITEMS: FAA will provide their own custodial services and supplies. The Airport Board has considered this and recommends to the City Council. Marvin Coffee Director of Aviation 7 - ......sucraartra::ms.,.......m-,...,.....-.. .....,.......W..w......__._ ._...._................Y..._....,.,..,..--.-_._.-...,...-....._._....... I I I � m I I r i Z I I N CL -� m 3 3 3 I c I �• ^ I x i Ii .+ i' rIIIII iI I , f o o co g c c o Z ` ! C 3 rn TJ , I , f j OQ C CL m cil ch 0 I M (114c m � i r r� _.� I I � I '• I 7, - I 13 G 3 n m m G Cf) Ji Ica Q cc A U - - I , I