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HomeMy WebLinkAboutRES 05-060 RESOLUTION NO. 05-060 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute two agreements with the Federal Aviation Administration (FAA)for continued occupancy and leasing of property for a Remote Transmitter Receiver facility at the City's municipal airport. The agreements are substantially in the forms attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2005. 10, , j - M yor Evelyn M. Lord - � a° r Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF BEAUMONT,TEXAS THIS LEASE is hereby entered into by THE CITY OF BEAUMONT, TEXAS whose address is P. O. Box hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA,herein after referred to as the Government. This lease shall become effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein,bind the Lessor and the Lessor's administrators, successors and assigns: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: REMOTE TRANSMITTER/RECEIVER(RTR) SITE A parcel of land 70'x 70' for the purpose of maintaining and operating a thirty-foot(30') guyed steel tower and associated power and communication cables located adjacent to the airport terminal for said facility as shown on Drawing No. SW-D-9641, dated April 30, 1980, identified as Exhibit "A" 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 for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, EXHIBIT "A" Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas communication and/or 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 otherwise, 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 Government 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. 2. TERM: To have and to hold, for the term commencing on October 1, 2005 and continuing through September 30, 2015 inclusive. 3. CANCELLATION: The Government may terminate this lease, in whole or in part, if the Real Estate Contracting Officer(RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by registered mail,return receipt requested and mailed at least 30 days before the effective termination date. 4. CONSIDERATION: The Government shall pay the Lessor 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 obligations assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 5. 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 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. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 2 Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 8. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 9. CONTINUOUS CLEARING OF LEASED FACILITY SITES/CRITICAL AREAS: The Lessor agrees to keep the areas around the Government's navigational aids mowed at all times to a height that weeds and vegetation will not be an obstruction to such operation or maintenance of these facilities. 10. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 3 Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas 11. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However,this clause does not apply to this contract to the extent that this contract is made with a municipalityfor the corporation's general benefit. 12. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. 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 the lease consideration, or otherwise recover the full amount of the contingent fee. 13. ANTI-KICKBACK: The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act),prohibits any person from(1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or(3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 14. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration(FAA) Office of Dispute Resolution for Acquisition (ODRA). Said disputes shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17,which are hereby inMunicipald by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Real Estate Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The Real Estate Contracting Officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA 4 Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas ODRA. The Real Estate Contracting Officer, upon request,will provide information relating to submitting a dispute. 15. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT: The FAA agrees, in consideration of the warranties herein expressed,that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subordination shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self-operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the FAA will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding.owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees,with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 16. NOTIFICATION OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises,they shall immediately notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the"change in property rights." Concurrent with the written notification,the Lessor shall provide the Government copies of the notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 17. EXAMINATION OF RECORDS: The Comptroller General of the United States, the Administrator of the FAA, or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 5 Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas 18. NOTICES: All notices/correspondence shall be in writing,reference the lease number, and be addressed as follows: TO LESSOR: City of Beaumont, Texas P. O. Box 3827 Beaumont, TX 77704 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, Texas 76193 IN WITNESS WHEREOF, the parties hereto have signed their names. CITY OF BEAUMONT, TEXAS BY: DATE: TITLE: THE UNITED STATES OF AMERICA BY: .r_ '- DATE: Dou as G. Sto dard TITLE: CONTRACTING OFFICER 6 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH,TEXAS 76193 Supplemental Agreement No. 1 Lease DTFA07-96-L-01041 Beaumont RTR/BUEC Facility Beaumont Municipal Airport Beaumont, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT,made and entered into this day of ,2005,by and between THE CITY OF BEAUMONT,whose address is P. O. Box 3827,Beaumont,TX 77704, for their administrators, and assigns,hereinafter referred to as the Lessor, and the UNITED STATES OF AMERICA,represented by the Federal Aviation Administration, hereinafter referred to as the Government,WITNESSETH, That: WHEREAS, on the 6th day of June, 1995, the parties hereto entered into Lease DTFA07- 96-L-01041 for the consideration and purposes more particularly stated in said lease; and, WHEREAS, this lease expires by its terms on September 30, 2005, and the Government has an operational requirement to extend the lease term for an additional 10 years; and, WHEREAS, the Government requires omitting the land site from the current lease by deleting reference to 70' x 70' plot of land and addressing the land site separately in Lease No. DTFASW-05-L-00139, and, WHEREAS, the Government requires deleting reference to the BUEC facility,which was removed; and, WHEREAS, the Lessor agrees to extend the term of Lease No. DTFA07-96-L-01041 for an additional 10 year period beginning October 1, 2005, and ending September 30, 2015, and, WHEREAS, The Lessor agrees to omit the 70'x 70'plot of land from this lease, and, NOW THEREFORE, effective October 1, 2005, the parties hereto amend the basic lease in the following particulars only, VIZ: a. The Premises description of Article 1 is to be deleted in its entirety and the following substituted therefore: 1. 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 as more particularly shown on Exhibit "A" attached hereto and made a part hereof. EXHIBIT "B" Supplemental Agreement No. 1 Lease DTFA07-96-L-01041 Beaumont RTR Facility Beaumont Municipal Airport Beaumont, Texas b. Article 10 of the Lease is deleted in its entirety and the following is substituted therefore: 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 (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 thereof shall extend this the period of occupancy of the premises beyond the 30th day of September 2015,AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. c. Article 13. TOWER AND CABLE SITE, is deleted in its entirety. ALL OTHER TERMS AND CONDITIONS of the basic lease are hereby ratified and except as amended hereinabove shall be and remain the same. IN.WITNESS WHEREOF, the parties hereto have subscribed their names as of the date first above written. THE CITY OF BEAUMONT UNITED STATES OF AMERICA By: By: Douglas G. Stoddard Title: Title: Contracting Officer