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