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HomeMy WebLinkAboutRES 95-141 RESOLUTION NO. 9-6-- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a lease agreement with Federal Aviation Administration (FAA) for the continued occupancy of space at the Beaumont Municipal Airport Terminal Building. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the . a! day of �fY/ar s 21995. - Mayor- STANDARD FORM 2 (' q FEBRUARY 1965 EDITION U.S. GOVERNMENT OVERNMENT ADMINISTRATION N LEASE FOR REAL PROPERTY ADMINISTRATfON FPR(41 CFR)1-16.601 DATE OF LEASE � LEASE NO. DFTA07-96-L-01041 THIS LEASE, made and entered into this date by and between THE CITY OF BEAUMONT, 'TEXAS whose address is Central Services Department P.O. Box 3827 Beaumont, Texas 77704 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: L. The Lessor hereby leases to the Government the following described premises: Approximately 111 square feet of the floor space identified as Room 102 situated in the Beaumont Municipal Airport Building, together with the right, to maintain and operate a thirty (30) foot guyed tower, including the necessary power and control cables for its' operation, on a 70' X 70' plot located immediately adjancet to said terminal as more particularly shown on Exhibit "A" attached hereto and made apart hereof to be used for RTR/BUEC facility. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October__1_,___19 95__________________________________ through ..September_.. 0,___1996____.---.., subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $NINE__HUNDRED__SEVENTY-ONE AND_-25�100___- DOLLARS PER ANNUM ($971.25) payable at the rate of$-242.81 per ..Government Quarter .. in arrears. --------------------------------- ------------------------- Rent for a lesser period shall be prorated. Rent checks shall be made payable to: THE CITY OF BEAUMONT, TEXAS wholly or in part 4. The Government may terminate this lease/at any time by giving at least------30----------------- days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. Ibis la-se may be C:QA-;;,Gd at the option of the Goverpmeow, for the following terms and ae the fellowing provided notice be given in g to the Lessor at least --------------------- days before the end of the original lease term or any renew ; all other terms and conditions of this lease shall remain the same during any renewal term. 00r,ce d_11 be rnmpurpA rnmmenring with the day after (lie date of mailing. 2-106 EXHIBIT "A" 6. The Lessor shall furnish to the Government,as part of the rental consideration, the following: Utility services: Such services being more particularly described in Article 15 hereof. s 7. The following are attached and made a part hereof: 1. -14"General ProvisionsR^a r..c* (Stand-;J F,...,. ', e -May..1992.-. edition). Articles 1 through 19. 2. Special Lease Provisions — Article 9 through 18. 3. Corporate Certificate. 8. The following changes were made in this lease prior to its execution: a. Article 5, Standard Form 2, and Articles 2 and 5, General Provisions were deleted in their entirety. b. The words "wholly or in part" were added to Article 4, Standard Form 2. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their natnes as of the date first above written. LESSOR THE CITY OF BEAUMONT, TEXAS t r BY_---------- ---------------------- ------------- — ------ ----------- ------ (Signature) (Signature) t IN PRESENCE OF: _______________________ (Signature) '----_—_-__--___---- -'------ress) ------ (Address) UNITED STATES OF AMERICA --- -----------------—--- - --- - ----�onractng--Qf ce_r_---------- Lottie M. Kirsch (Ssgnature) (Official title) STANDARD FORM 2 U.S. GOVERNMENT -_SIG OFFICE 1sa1 0 - 341-see (7522) FEBRUARY 1965 EDITION Lease No. DTFA07-96-L-01041 Beaumont RTR/BUEC Facility Beaumont Municipal Airport Beaumont, Texas SPECIAL LEASE PROVISIONS 9. SPACE SCHEDULE: ROOM NO. S.F. RATE/SF W/SERVICES P/A TOTAL 102 111 $8.75 $971.25 10. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year at the annual rate of Nine Hundred Seventy-one and 25/100 dollars ($971.25) , payable at the rate of Two Hundred Forty-two and 81/100 dollars ($242.81) , per Government quarter in arrears, and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives 30 days' notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 2005; and PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. 11. INTERIOR PAINTING LEASED PREMISES: The Lessor shall accomplish interior repainting of the leased premises once every five years during the Government's occupancy of the leased premises under this lease or any renewal thereof. All painting shall be accomplished by the lessor using a washable paint of the lessor's choice. 12. 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. 13. TOWER AND CABLE SITE: -The lessor hereby grants to the Government in consideration of the service provided to the Beaumont Municipal Airport by the FAA/BUEC facility a plot of land approximately 70' X 70' for the purpose of maintaining and operating a thirty-foot (30' ) guyed steel tower and associated power and communication cables for said facility, as shown on Exhibit "A" attached hereto and made a part hereof. Lease No. DTFA07-96-L-01041 RTR/BUEC Facility Beaumont Municipal Airport Beaumont, Texas 14. PARKING: �. The lessor shall provide, free of charge, two (2) parking spaces for Government-owned vehicles at the terminal building required for service and maintenance to the Beaumont RTR/BUEC facility. 15. UTILITY, HEATING, COOLING SYSTEM, AND ELECTRICITY: The lessor shall furnish, as part of the rental consideration, the following systems and services stated hereinafter through the lessor's owned and maintained facilities as part of the rental consideration. (a) Air Conditioning: The lessor shall furnish all equipment and air conditioning facilities and the maintenance thereof, which shall provide adequate air conditioning suitable for the climatic and conditions prevailing at the Airport Terminal Building and maintain a mean interior temperature range of 78 to 80 degrees. (b) Heating: The lessor shall furnish an adequate heating system of a capacity to maintain a heating range level within the leased premises of 65 to 68 degrees at all times through the lessor's owned and maintained heating facility, subject to any restrictions imposed by Governmental authorities. (c) Electricity: Current for lights, air conditioning, heating, and equipment required to operate the RTR/BUEC installed in Room 102. 16. INTERFERENCE 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 contracting officer, make every reasonable effort to eliminate the cause of such interference. 17. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered by this contract 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°'tacilities 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. Lease No. DTFA07-96-L-01041 Beaumont RTR/BUEC Facility Beaumont Municipal Airport Beaumont, Texas CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Visual Landing Aids Airport Traffic Control Tower Direction Finding Equipment Airport Surveillance Radar VOR, TVOR, & VORTAC Airport Surface Detection Equipment (Instrument Approach) Precision Approach Radar Weather Observing & Measuring ILS and Components Equip. (Owned & operated by FAA) ALS and Components Central Standby Power Plant 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 18. SECURITY: The lessor grants the FAA the exclusive right to establish and install its own locking system in and on the door of Room 102, and all keys to such locking system shall remain in possession of the Beaumont Airway Sector Field Office personnel only. Lease No. DTFA07-96-L-01041 Beaumont RTR/BUEC Facility Beaumont Municipal Airport Beaumont, Texas CORPORATE CERTIFICATE I, certify that I am the of the Corporation named in the foregoing agreement, that who signed said agreement on behalf of said corporation, was then 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. day of 19 Signed by CORPORATE SEAL GENERAL PROVISION., U.S. Government Lease for Real Property GENERAL PROVISIONS 1. DuuqrmNs have the right to annul this contract without liability or,in its discretion, (a) The terms "contract" and "Contractor" shall mean "lease" and to deduct from the contract price or consideration,or otherwise recover, the full amount of the contingent fee. "Lessor,"respectively. (b) "Boas fide agency,"as used in this clause, means an established (b) The abbreviations "FAR" and "CFR" mean"Federal Acquisition commercial or selling agency,maintained by a contractor for the purpose Regulation"and"Code of Federal Regulations"respectively. of securing business, that neither exerts nor proposes to exert improper (c) The term "Lessor shall provide" means the Lessor shall furnish influence to solicit or obtain Government contracts nor holds itself out as and install. being able to obtain any Government contract or contracts through .2. Sumemin!Am Primses improper influence. "Bona fide employee," as used in this clause, means a person, The Government may sublet an premises but shall m�otbe employed by a contractor and subject to the contractor's supervision and relieved from ons under this lease by reason of any control as to time,place,and manner of performance,who neither exerts nor proposes to exert improper influence to solicit or obtain Government 3 XwnmENAxcE OF PsEmm contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. The Lessor shall maintain the demised premises,including the building "Contingent fee," as used in this clause, means any commission, and all equipment, fixtures, and appurtenances furnished by the Lessor percentage, brokerage, or other fee that is contingent upon the success under this lease in good repair and tenantable condition,except in case of that a person or concern has in securing a Government contract. damage arising from the act or the negligence of the Government's agents "Improper influence,"as used in this clause,means any influence' or employees. For the purpose of so maintaining said premises and that induces or tends to induce a Government employee or officer to give property,the Lessor may at reasonable times, and with the approval of consideration or to act regarding a Government contract on any basis the authorized Government representative in charge, enter and inspect other than the merits of the matter.(FAR 52.203.5)(APR 1984) the same and make any necessary repairs thereto. 8. OFFicurs Nor To BEN= 4. DAMAGE By FmE Oa Onnx CesuALTY No member of or delegate to Congress,or resident commissioner,shall If the said premises be destroyed by fire or other casualty,this lease will be admitted to any share or part of this contract,or to any benefit arising immediately terminate.In case of partial destruction or damage,so as to from it However,this clause does not apply to this contract to the extent render the premises untenantable,as determined by the Government,the that this contract is made with a corporation for the corporation's general Government may terminate the lease by giving written notice to the benefit.(FAR 52.203-1)(APR 1984) Lessor within 15 calendar days thereafter,if so terminated, no rent will accrue to the Lessor after such partial destruction or damage;and if not so 9. AsmGNMENT OF CLAn+s terminated, the rest will be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or (a) The Contractor,under the Assignment of Claims Act,as amended, damage 31 USC 3727,41 USC 15(hereafter referred to as the Act"),may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank,trust company,or other financing institutions, including any Federal lending agency. The assignee under The Government shall have the right during the existence o lease such an assignment may thereafter further assign or reassign its right to make alterations, attach fixtures, and erect structu r signs in or under the original assignment to any type of financing institution upon the premises hereby leased,which fixtures, ions,or structures described is the preceding sentence. so placed in, on, upon, or attached to the ' premises shall be and (b) Any assignment or reassignment authorized under the Act and remain the property of the Government may be removed or otherwise this clause shall cover all unpaid amounts payable under this contract, disposed of by the Government the lease contemplates that the and shall not be made to more than one party,except that an assignment Government is the sole t of the building, for purposes of this or reassignment may be made to one party as agent or trustee for two or clause,the leased pre . include the land on which the building is sited more parties participating in the financing of this contract. and the building' .Otherwise,the Government shall have the right to (c) The Contractor shall not furnish or disclose to any assignee under tie into or a any-physical connection with any structure located on the this contract any classified document (including this contract) or Pro as is reasonably necessary for appropriate utilization of the information related to work under this contract until the Contracting ad Apses Officer authorizes such action in writing.(FAR 52232-23)(JAN 1986) 6. CommoN REeoar 10. Gwrrurri s A joint physical survey and inspection report of the demised premises (a) The right of the Contractor to proceed may be terminated by will be made as of the effective date of this lease, reflecting the then written notice if, after notice and hearing,the agency head or designee present conditions,and will be signed on behalf of the parties hereto. determines that the Contractor,its agent,or another representative— 7. CovENAm AcAmm CoN-mram FEES (1) Offered or gave a gratuity(e g.,an entertainment or gift)to an officer,official,or employee of the Government;and (a) The Contractor warrants that no person or agency has been (2) Intended, by the gratuity, to obtain a contract or favorable employed or retained to solicit or obtain this contract upon an agreement treatment under a contract. or understanding for a contingent fee, except a bona fide employee or (b) The facts supporting this determination may be reviewed by any agency. For breach or violation of this warranty, the Government shall court having lawful jurisdiction. 1 (REV. 5/92) provided in the Act, which is applicable he period during which the 16. TzRxwwnoN LYcw oRINA7= Bwmwns (PCBs), Assnnos, Oa Oemt Contracting Officer receives the claim ano-en at the rate applicable for HAz&mous MATnLus each 6-month period as fixed by the Treasury Secretary during the If peadeacy of the claim. it is discovered that PCBs,asbestos,or other hazardous materials are present, the Government reserves the right to require the Lessor,at no (h) The Contractor shall proceed diligently with performance of this cost to the Government,to remove such materials present in the building, contract,pending final resolution of any request for relief,claim,appeal, in accordance with EPA regulations,or alternately the Government may or action arising under the contract,and comply with any decision of the terminate the lease.This is in addition to other remedies available to the Contracting Officer.(FAR 52233-1)(APR 1984) Government. 14. Pawar PAYbom 17. NarnwATm Or PCB HAzmmous CoNOmoN The Government will make payments under the terms and conditions The Lessor shall promptly notify the Contracting Officer and the tenant specified in this clause.Payment shall be considered as being made on the agency official of any leaks, spills,or other hazardous conditions which day a check is dated or an electronic funds transfer is made. involve PCBs in any area of the building. (a) Rental payments.Rent shall be paid in arrears and will be due on the first workaday of each payment period,and only as provided for by the 18. Fm u=IN PawoRmuxc e lease. (1) When the date for commencement of rent falls on the loth day The covenant to pay rent and the covenant to provide any service, of the month or earlier, the initial rental payment under this contract utility,maintenance,or repair required under this lease are dependent.In shall become due on the first workday of the month following the period in the event of failure by the Lessor to provide any of these items, the which the commencement of the rent is effective. Government may by contract or otherwise perform the service, mamte- (2) When the date for commencement of rent falls after the 15th nanOe'utility,or repair,and charge to the Lessor any cost incurred by the day f the month, the initial rental Government that is related to the performance of such service, y th, payment under this contract shall become due on the first workday of the second month following the period maintenance' etc., including any administrative costa, and deduct such is which the commencement of the rent is effective. cost from any rental payments.Alternately,the Government may reduce (b) Interest Penalty. rental payments by the corresponding value of the contract requirement (1) An interest penalty shall be paid automatically by the not performed,as determined by the Contracting Officer.These remedies Government,without request from the Contractor,if payment is not made are not exclusive and are in addition to any other remedies which may be by the due date. available under this contract or in the law. (2) The interest penalty shall be at the rate established by the 19. LESSOR'S SUCCESSORS Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978(41 U.S.C. 611)that is in effect on the payment date. This rate is The terms and provisions of this lease and the conditions herein bind referred to as the"Renegotiation Board Interest Rate,"and it is published the Lessor and the Lessor's heirs, executors, administrators, successors, in the Federal Register semiannually on or about January 1 and July 1. and assignees. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1,Disputes,or for more than 1 year.Interest penalties of less than$1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract.Claims involving disputes,and any interest that may be payable, will be resolved in accordance with the clause at 52233-1,Disputes.(FAR 52.232-25)(APR 1989) 15. INsm=N OF PREMISES At all times after receipt of offers, prior to or after acceptance of any offers,or during any construction, remodeling, or renovation work, the premises and the building or any part thereof, upon reasonable and proper notice,must be accessible for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to determine whetherAhe essential requirements of the solicitation or the lease requirements are met. Additionally, the Government reserves the right,upon reasonable notice,to. (a) inspect and perform bulk sampling and analysis of suspected asbestasoontaining materials; (b) monitor the air for asbestos fibers in the apace offered or under lease as well as other areas of the building deemed necessary by the Contracting Officer, (c) inspect the premises for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances(e.g.PCBs); (d) inspect the site upon which the space is offered for any current or past hazardous waste operations,and ensure that appropriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal,state,and local regulations. 3 (REV. 5/92) � 1 Terml^Ol Bld� ,- - IY I 24 1 •2/226 .. 30`2 Pt it O J L • 0 sti •y22 it /'sle p NIppm O ReAUMONr AI3 MUN/CIIAL A1AZr j1 y Seel�OIS/ 1� —s �I 1' IB Rld 2c aLt8°t (i -IYL 52A.f0 _VICINITY MAP X11 d.WifC -�rz 4,conealeeusninq-', 4 ,.d Ca O 600' 1 p°rl(�^9 / ( Grnd. L'N,-./•,s/F'210 C SAE IN FEET flood / C/Cqpt. Ay a„2e('y�b”B°re c."P, AreO I � , R G"21B/O �!2U 5 1 (1 1 b I� O 2, ,., B• Install 5 a affel'/ (__� SCALE IN FEET 1 w2 Bore Capper - ( �i CC-.-7 v.Inst°N 30"Gayao' 0-re%DenlarentlanBar ( Tower Q-FAA Demarcation Box /VOTES 1 pAA LCdi7') '- ®-Junctionea2-coaxiolCOble /.Lotitude: 30.4'12" Power Panel-surface Mounted lO 1 Izo/2aov,NfAVIt.So/b'Neutrot and Longitudes 94'12'42` 1 Groundin4Buss.NoMoinBreatrerRequired, Z.5ife Elevation-31'MS.L. 6-1 dole Is Amp Breaxers,iwitARoaI for G 1 Additions/ereo.rers.TAePonelBoard Snal/ 3. lowerHeighf'34' tI Accept Bolt an BreoRers. - 1 FAA E@UIPAI&VT RDOM DETA/L PLOTLAYOUT , 1 lo- 6. o w zo• SCALE IN FEET RFf£RENCE DRAW/NGS /. See D-S 104 Series Dwgs. for Tawer�faln.Details. �X' �1:2.See Dwg.5W D-6,654-3 for Defoi/s of Cob/e Supports, DEPARTMENT NSPORTATION Junction BOX, e lower Crovno'1%7g. FEDERAL AVIATION ADMINISTRATION FORT 3.5ee Dwg.SW-D-9148-2 for Ground/ng Stondords. souTNwcar REGION WORTN TE%AS e11Ec PLOT LAYOUT EENJOIT (MRIICIPAL AIRPORT) TEAS i AIRWAY FACILITIES '• ,n•, DIVISION �_p_y6Ai CIRSTRI,Rs"I' 2N E°RN 2ao°-1.(2-Tq •..xnnnn mss n.v.m.-n,an