Loading...
HomeMy WebLinkAboutResolution - 2684 - Lease Agreement- FAA- Cable Rights, Transmitter & Receiver Plots, & Access Road - 11/12/1987HW: da RESOLUTION Resolution #2684 November 12, 1987 Agenda Item #22 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 Agreement between the City of Lubbock and the United States Department of Transportation, Federal Aviation Administration, 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 12th_ day of November , 1987. ATTEST: � - Ranettip, Boyd, City Secr APPROVED -AS TO CONTENT: Marvin Coffee, DiVector of Aviation APPROVED AS TO FORM: Harold Millard, Assistant City Attorney B.C. McMINN, MAYOR U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region P.O. Box 1689 Fort Worth, TX 76101 Resolution #2684 Lease No.: DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Wap ASR -5 Cabling Right -of -Way Lubbock International Airport, TX LEASE between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA This LEASE, made and entered into this 12th day of November in the year one thousand nine hundred and eighty seven, by and between CITY OF LUBBOCK, TEXAS, whose address is Department of Aviation, Route 3, Box 389, Lubbock, Texas 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, 1987, and ending September 30, 1988, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: Four tracts of land lying within the boundaries of the Lubbock International Airport, Lubbock County, Texas, as setforth hereinafter: REMOTE: RECFIVER:!i-,,PLOT a Starting from a brass disc on the centerline of the North/South runway and said point being at the North end of said runway, go S790001W, 387.5 feet to a point on the West edge of Taxiway "A"; thence S110001E, 2000.0 feet to a point; thence S790001W, 473.5 feet to a point; thence S110001E, 1,353 feet to the POINT OF BEGINNING; thence continue S110001E, 200.0 feet to a point; thence S79000'W, 200.0 feet to a point; thence N11000% 200.0 feet to a point; thence N790001E, 200.0 feet to the POINT OF BEGINNING; an area containing a 0.918 acre, as more particularly shown in red on FAA Drawing No. SW -E-7061-1, Exhibit "A," dated June 9, 1965, attached hereto and made a part hereof; and 5-a 4 REVISED Lease No.: DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Way ASR -5 Cabling Right -of -Way Lubbock International Airport, TX REMOTE.TRANSMITTER,;--PLOT.B Starting from a brass disc on the centerline of the North/South runway and said point being at the North end of said runway, go 579°00 % 387.5 feet to a point on the West edge of Taxiway "A"; thence S11000'E, 2000.0 feet to a point; thence S79000'W, 1473.5 feet to a point; thence 3110001E, 42.0 feet to the POINT OF BEGINNING; thence continue S11000% 200.0 feet to a point; thence S790001W, 200.0 feet to a point; thence N11000'W, 200.0 feet to a point; thence N79000% 200.0 feet to the POINT OF BEGINNING; an area containing 0.918 acre, as more particularly shown in red on FAA Drawing No. SW -E-7061-1, Exhibit "A," dated June 9, 1965, attached hereto and made a part hereof; and RT,AND,RR-POWER AND CONTROL CABLE •RIGHT.=OF-WAY The Government is hereby granted a 30 -foot wide cabling right-of-way for installation and maintenance of RT and RR power and control cables. Said cable run is approximately 1,120 feet between the facility plots, approximately 2,100 feet to the most northerly of two existing manholes, and another x+,50 feet in a southerly direction to the next manhole; from thence the cabling to be through existing ducts to the terminal complex area; an area containing 2.25 acres, as more particularly shown in yellow on FAA Drawing No. SW -D-7809-29 Exhibit "B," revised February 1, 1973, attached hereto and made a part hereof; and ASR•5 ON-AIRPORT,CABLE:RIGHT-OF-WAY Beginning the center line of a 20 -foot wide cable easement at a point +2,125 feet north of the airport entrance complex on the western boundary of the airport property, and called Station 57+23; thence ±2,900 feet almost parallel with East/West runway to a splice pit, thence +2,500 feet in a northeasterly direction to the new ATCT facility, all as more particularly shown on FAA Drawing SW -D-7122-114, Exhibit "C," revised October 07, 1987, attached hereto and made a part hereof. ALL BEARINGS ARE MAGNETIC a. Together with a right-of-way for ingress to and egress from the premises by existing access roads or 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. -2- Lease No.: DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Way ASR -5 Cabling Right -of -Way Lubbock International Airport, TX 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. 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, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. 5. 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. -3- Lease No.: DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Way ASR -5 Cabling Right -of -Way Lubbock International Airport, TX 6. LESSOR_YARRANTY: 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. Ft11J�TN RESPONSIBILITX , 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 Radars 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 CLASar'I7F4CILITIES Long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Centers Flight Service Stations Remote Control Air -Ground Remote Communications Outlet Communication Facility Limited Remote Communications Outlet Other En Route Facilities -4- Lease No.: DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Wap ASR -5 Cabling Right -of -Way Lubbock International Airport, TX 8. NON.4ESTQRMON: 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. 9. NOTICES: All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of Lubbock, Department of Aviation, Route 3, Box 389, Lubbock, TX 79401 To the Government: Department of Transportation, Federal Aviation Administration, ATTN: ASW -569 Fort Worth, TX 76193-0056 IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as of the date first above written. CITY OF LUBBOCK, TEXAS Title:,Mdy4r, A'C"PROVE-Z-1 AS To THE UNITED STATES OF AMERICA By,". Ge rgia I. Phi. ps waved Title:,Contract�ng•Offlftas to knr. cer a MAtWMj /�y,� �y��y F � -5- Lease No.: DTFA07-88-L-01016 RT/RR Plots & Access Road RT/RR Cabling Right -of -Way ASR -5 Cabling Right -of -Jay Lubbock International Airport, TX eORPORATE:CERTIFICATE certify that I am the x4ty-Secretary.::::. of the Corporation named in the foregoing agreement, that who signed said agreement on behalf of said corporation, was then �:;:M3Vor�,.: 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 -??i°h :. day of �ne�amhP 19;87:. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.