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1999-278AN 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 ~ That the City Manager is hereby authorized to execute a lease between the City of Denton and the Federal Aviation Admlmstrat~on on behalf of the United States of America for land at the Denton Mumc~pal Airport for a Single Frequency Outlet Site, a copy of which is attached hereto and incorporated by reference herein ~ That this ordinance shall become effective ~mmedlately upon its passage and approval PASSED APPROVED this the /7 e day 1999 JAC~LER, MAYOR ATTEST ' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY U S Department of Transportataon Lease No DTFA07-00~L-00620 FEDERAL AVIATION ADMINISTRATION Single Frequency Outlet (SFO) Southwest Region Denton Municipal Airport Fort Worth, Texas 76193-0054 Denton, Texas LEASE Between CITY OF DENTON, TEXAS and THE UNITED STATES OF AMERICA /rt'~t~- a ~ the year THIS LEASE, made and entered ~nto this ~ d y of in one thousand rune hundred and ninety nine, by and between the CITY'OF DENTON, TEXAS, whose address is 215 Mcganney Street, Denton, Texas 76201, for itself, ~ts successors, and assigns, hereinafter referred to as the Lessor and the UNrFED STATES OF AMERICA, hereinafter referred to as the Government WITNESSETH The part~es hereto for the cons~deraUon hereinafter mentioned covenant and agree as follows 1 pREMISES For the term begmmng October 1, 1999, and ending September 30, 2000, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the prermses, VIZ SINGLE FREQUENCY OUTLET (SFO) SITE A 75-foot by 75-foot tract of land, together a 25-foot w~de Access Road, Located on Denton Municipal A:rport, Denton, Texas, as more particularly shown on Drawing No SW- D~9428, rewsed February 22, 1980, ~dentsfied as Exh~b:t "A," attached hereto and made a part hereof Lease No DTFA07-00-L-00620 Single Frequency Outlet (SFO) Denton Mumc~pal Airport Denton, Texas (a) Together w~th a right-of-way for regress to and egress from the promises, a right- of-way for estabhshmg and mamtmnmg a pole hne or pole hnes for extending electric power and/or telecommumcat~on hnes to the premises, and a right-of-way for subsurface power, commumcat~on and/or water hnes to the pmrmses, all rights-of~way to be over the smd lands and adJOining lands of the Lessor, and unless hereto described otherwise, to be by routes reasonably deternuned to be the most convement to the Government (b) And the right of grading, cond~t~omng, and ~nstallmg drmnage famht~es, and seeding the so~l of the premases, and the removal of all obstructions from the pmrmses which may constitute a hmdrance to the estabhshment and matntenance of Government facdmes (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, m or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed ~n or upon, or attached to the smd premises shall be and remmn the property of the Government, and may be removed upon the date of expiration or termination of this lease, or w~thm ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of smd alterations, fixtures, additions, structures, or s~gns 2 RENEWAL OPTION Th~s 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 exem~sed and the lease renewed each year for one (1) year unless the Government g~ves thirty (30) days' notace that ~t will not exercise ~ts options, before th~s lease or any renewal thereof expires, PROVIDED, that no renewal thereof shall extend the period of pccupancy of the premises beyond the 30th day of September 2019 3 CANCELLATION The Government may terrmnate th~s lease at any t~me by glwng at least 30 days' not~ce ~n wnttng to the Lessor Smd not,ce shall be sent by certffied or registered mml 4 RENT The Government shall pay the Lessor no monetary consideration in the form of rental, ~t being mutually agreed that the rights extended to the Government herein are m consideration of the obhgat~ons assumed by the Government ~n its estabhshment, operation, and maintenance of the facilities upon the prenuses hereby leased Lease No DTFA07-00-L-00620 S~ngle Frequency Outlet (SFO) Denton Mumc~pal A~rport Denton, Texas 5 NON-RESTORATION It Is hereby agreed between the parties, that upon tenmnat~on of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property whmh is the subject matter of th~s lease It ~s further agreed the Government may abandon m place any or all of the structures and equrpment installed m or located upon smd property by the Government during its tenure Such abandoned equipment shall become the property of the Lessor Notme of abandonment wall be conveyed by the Government to the Lessor m writing 6 FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES The Lessor agrees that any relocatton, replacement, or modfficat~on of any existing or future Government faclhttes covered by this lease dunng its term or any renewal thereof made necessary by mrport ~mprovements or changes whmh in the Government's op~mon interfere with the techmcal 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 modfficatlons are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be deterrmned by the Government Any such fundtng determination by the Government shall be fmr and reasonable 7 INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever land or nature on the site or adjoining land w~thm the *urport boundaries that may interfere w~th the proper operation of the facdlt~es installed by the Government under the terms of tlus lease unless consent hereto shall first be secured from the Government ~n wnt~ng 8 HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remerhate, at ~ts sole cost, all hazardous substance contamination on the leased prermses that is found to have occurred as a direct result of the ~nstallat~on, operation, and/or mmntenance of the Government's facflmes The Lessor agrees to remedmte, 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, hab~ht~es and/or claims by third part~es that arise out of hazardous contarmnat~on found on the leased prermses not directly attributable to the lnstallatmn, operation and/or mmntenance of the Government's facdltles Lease No DTFAO7-00-L-O0620 Single Frequency Outlet (SFO) Denton Mumc~pal A~rport Denton, Texas 9 QUIET ENJOYMENT The Lessor warrants that they have good and valid utle to the premises, and rights of ~ngress and egress, and warrants and covenants to defend the Government's use and enjoyment of smd prermses agmnst third party clmms 10 OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident comm~ssmner, 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 th~s contract is made w~th 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 retmned to sohmt or obtmn this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency For breach or violation of th~s warranty, the Government shall have the right to annul this lease w~thout liability or, m its d~scretlon, 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 th~s contract shall be resolved under th~s clatlse, and through the Federal Awat~on Adm~mstrat~on (FAA) D~spute Resolution ~),stem JuChclal review, where available, will be ~n accordance with 49 U S C 46110 and shall apply only to final agency decisions The dec,sion of the FAA shall be considered a final agency decision only after a Lessor has exhausted their adm~mstrat~ve remedies for resolving a contract dispute under the FAA Dispute Resolution System A contract d~spute shall be made ~n writing and s~gned by a Lessor or duly authorized representative of the Lessor and submitted to the Contracting Officer, that ~t is disputed e~ther as to hablhty or amount Submission shall be within slx months after the accrual of the contrac~ d~spute The contracting officer's dec,sion concerning the contract d~spute shall be b~ndmg,on the parties unless the Lessor references the matter to the FAA Office of D~spute Resolution for Acquisition Informanon relating to subrmtt~ng a d~spute will be prowded by the Contracting Officer, upon request 13 LESSOR'S SUCCESSORS The terms and provisions of tlus lease and the condmons heretn b~nd the Lessor and ~ts successors and assigns 4 Lease No DTFAO7-00-L-00620 Single Frequency Outlet (SFO) Denton Mumclpal 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 MclCdnney 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 /' j/o" t James M Nelson TITLE c/ty I~t~al~er TITLE Contracting Officer ( Lease No DTFA07-00-L-00620 Single Frequency Outlet (SFO) Denton Municipal Airport Denton, Texas CORPORATE CERT~ICATE I, Jennifer Welters , ce[~lfy that I am the City Secretary of the Corporation named ~n the foregoing agreement, that Michael W. Jez who signed smd agreement on behalf of smd corporation, was then City Manager thereof, that smd agreement was duly signed for and in behalf of smd corporation by anthonty of ~ts governing body, and is within the scope of its corporate powers Dated this 17th day of August , 19 99 6