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HomeMy WebLinkAbout1999-278P aLereBkop LW OocmnenY`ANloerceMimoe FMMu YOmlln SIM Mc ORDINANCE NO yq AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION ON BEHALF OF THE UNITED STATES OF AMERICA FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR A SINGLE FREQUENCY OUTLET SITE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a lease between the City of Denton and the Federal Aviation Administration on behalf of the United States of America for land at the Denton Municipal Airport for a Single Frequency Outlet Site, a copy of which is attached hereto and incorporated by reference herein SECTION 2 That this ordinance shall become effective immediately upon its passage and approval /, PASSED AND APPROVED this the //r/ Lrcday of , 1999 Ll JA LER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY Q APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY i , J US Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 Lease No DTFA07-00-L-00620 Single Frequency Outlet (SFO) Denton Municipal Airport Denton, Texas LEASE Between CITY OF DENTON, TEXAS and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this -IL day of a- in the year one thousand nine hundred and ninety nine, by and between the crryvOF DENTON, TEXAS, whose address is 215 McKinney Street, Denton, Texas 76201, for itself, its successors, and assigns, hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government WITNESSETH The parties hereto for the consideration hereinafter mentioned covenant and agree as follows PREMISES For the term beginning October 1, 1999, and ending September 30, 2000, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ SINGLE FREQUENCY OUTLET (SFO) SITE A 75-foot by 75-foot tract of land, together a 25-foot wide Access Road, Located on Denton Municipal Airport, Denton, Texas, as more particularly shown on Drawing No SW- D-9428, revised February 22, 1980, identified as Exhibit "A," attached hereto and made a part hereof Lease No DTFA07-00-L,00620 Single Frequency Outlet (SFO) Denton Municipal Airport Denton, Texas (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, 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, 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 thirty (30) days' notice that it will not exercise its options, before this lease or any renewal thereof expires, PROVIDED, that no renewal thereof shall extend the period of aoccupancy of the premises beyond the 30th day of September 2019 CANCELLATION The Government may terminate this lease at any time by giving at least 30 days' notice in writing to the Lessor Said notice shall be sent by certified or registered marl ONEE�'- `L!y 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 Lease No DTFA07-00-L-00620 Single Frequency Outlet (SFO) Denton Municipal Airport Denton, Texas 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 FUNDING RESPONSIBILITY FOR GOVERNMENT FACILTFIES 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 Any such funding determination by the Government shall be fair and reasonable 7 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 HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased prenuses 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 Lease No DTFA07-00-L-00620 Single Frequency Outlet (SFO) Denton Municipal Airport Denton, Texas 9 OUIET 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 10 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 corporation for the corporation's general benefit 11 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 12 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) Dispute Resolution 5ptem 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 Contracting Officer, that it is disputed either as to liability or amount Submission shall be within six months after the accrual of the contract dispute The contracting officer's decision concerning the contract dispute shall be binding, on the parties unless the Lessor references the matter to the FAA Office of Dispute Resolution for Acquisition Information relating to submitting a dispute will be provided by the Contracting Officer, upon request 13 LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein bind the Lessor and its successors and assigns 0 Lease No DTFA07-00-L-00620 Single Frequency Outlet (SFO) Denton Municipal Airport Denton, Texas 14 NOTICES All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other) TO LESSOR CITY OF DENTON, TEXAS 215 McKinney Street Denton, Texas 76201 TO GOVERNMENT Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, TX 76193-0054 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written CITY OF DENTON, TEXAS THE UNITED STATE OF AMERICA BY �' --:P% �� J� ames M Nelson TITLE Contracting Officer Lease No DTFA07-00-L-00620 Single Frequency Outlet (SFO) Denton Municipal Airport Denton, Texas CORPORATE CERTIFICATE 1, Jennifer Walters , certify that I am the City Secretary of the Corporation named in the foregoing agreement, that Michael W. Jez who signed said agreement on behalf of said corporation, was then City Manager 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 17th day of August 19 99 Signed by ItORPORATE SEAL