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HomeMy WebLinkAboutContract 48207 LAND LEASE CITY SECRETARY �D; CONTRACT . Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION And CITY OF FORT WORTH,TEXAS Lease No. DTFACN-I6-L-00058 (UXT) OM Facility Site Fort Worth, Texas THIS LEASE is hereby entered into with the CITY OF FORT WORTH, TEXAS, a home rule municipal corporation of the State of Texas whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102, 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 successors and assigns. This lease succeeds Lease No. DTFA07-97-L-01072 and all other previous agreements between the parties for the leased property described in this document. WITNESSETH: The parties hereto, for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES (08/02) - The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises: OUTER MARKER-RWY 34 A tract of land in part of Block 8R of CRAWFORD ADDITION, an addition to the City of Fort Worth as said Block 8R appears upon the map thereof recorded in volume 388-59,page 44 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: Commencing at the intersection of the north line of West Broadway Avenue and the west line of Eleventh Avenue for the southeast corner of said Block 8R, and run South 89°20'13" West, along the said north line of West Broadway Street, 193-09/100 feet to a railroad spike set for the southeast and beginning corner of the tract being described. Thence South 89°20'13" West, along said south line of Block 8R and said north line West Broadway Avenue, 40 feet to a 5/8" iron rod set in fence. Thence North 01'04'54" West, generally along a fence, 40 feet to a railroad spike set. THENCE North 89°20'13" East, 40 feet to a rail road spike set. THENCE South 01°04'54" 1.3.2 Land Lease Off Airport OFFICIAL RECORD January 2015 OMB Control No.2120-0595 ciTY SECRETARY -T.WoRTH9 TX LEASE No. DTFACN-I6-L-00058 (UXT) OM Facility Site Fort Worth, Texas East, 40 feet to the place of beginning and containing 1600 square feet or 0-36/1000 of an acre, more or less, and being subject to all easements and right-of-ways of record, as shown on Brookes Baker Surveyors drawing dated November 12, 1996, 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 for Government employees, their agents and assigns, 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. B. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions fiom 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 (08/02) - To have and to hold, for the term commencing on October 1, 2016 and continuing through September 30, 2021 inclusive. 3. CONSIDERATION (08/02) - The Government shall pay the Lessor no monetary consideration in the form of rent, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligation assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. The purpose is for air safety to the flying public. 4. HOLDOVER(07/14) - If after the expiration of the lease the Government shall retain possession of the premises, the lease shall continue in force and effect on a month-to-month basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee, or vacated the premises. 5. CANCELLATION (08/02) - 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 certified mail return receipt requested and mailed at least 30 days before the effective termination date. 6. RESTORATION (04/10) -The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor provides written notice,prior to the date of expiration or termination, requesting restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as may be mutually agreed upon, either: 1. Restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease (changes to the premises in Land Lease Off Airport January 2015 OMB Control No.2120-0595 Page 2 of 6 LEASE No. DTFACN-I 6-L-0005 8 (UXT) OM Facility Site Fort Worth, Texas accordance with paragraph 1(a), 1(b) and 1(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or, 2. Make an equitable adjustment for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement or, 3. The FAA may also elect to offer abandonment of installed real property improvements in lieu of restoration or some combination of abandonment and restoration as determined by mutual agreement with the owner, so long as it is determined by the RECO to be in the best interests of the Government. In the event that the Government has to pay for restoration, such payments will not entail expenditures which exceed appropriations available at the time of the restoration in violation of the Anti-Deficiency Act. Nothing in the lease may be considered as implying that congress will, at a later date, appropriate funds sufficient to meet the deficiencies. 7. QUIET ENJOYMENT (10/96) - 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. 8. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (07/14) A. Government agrees, in consideration of the warranties and conditions set forth in this clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument shall be required to effect the present or subsequent subordination of this lease. Based on a written demand received by the RECO, the Government will review and, if acceptable, execute such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any existing or fixture mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government under this lease. B. No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this lease so long as the Government is not in default under this lease. Lessor will include in any future mortgage, deed of trust or other security instrument to which this lease becomes subordinate, or in a separate non-disturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the RECO promptly upon demand. C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser,purchasers, Land Lease Off Airport January 2015 OMB Control No.2120-0595 Page 3 of 6 LEASE No. DTFACN-I6-L-00058 (UXT) OM Facility Site Fort Worth, Texas transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and lease between Government and such purchasers or 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, further, that the RECO and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to document the foregoing relationship. D. None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. 9. NOTIFICATION OF CHANGE IN OWNERSHIP OR CONTROL OF LAND (10/14) If the Lessor sells, dies or becomes incapacitated, or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting the premises, the Government shall be notified in writing, of any such transfer or conveyance within 30 calendar days after completion of the "change in property rights." Concurrent with the written notification, the Lessor or Lessor's heirs, representatives, assignees, or trustees shall provide the Government copies of the associated legal document(s) (acceptable to local authorities) for transferring and/or conveying the property rights. 10. LESSORS SUCCESSORS (10/96) - The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, successors, and assigns. 11. CONTRACT DISPUTES (11/03) A. All lease disputes under or related to this lease shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. B. All Lease Disputes shall be in writing and shall be filed at the following address: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration 800 Independence Avenue, SW, Room 323,Washington, DC 20591. Telephone: (202) 267-3290 Facsimile: (202) 267-3720 C. A lease dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease claim involved. A lease dispute is considered to be filed on the date it is received by the ODRA. D. The full text of the Contract Disputes clause is incorporated by reference. Upon request, the full text will be provided by the RECO. 12. ANTI-KICKBACK(07/14) - The Anti-Kickback Act of 1986 (41 U.S.C. § 8701 et seq.), prohibits any person from: A. Providing or attempting to provide or offering to provide any kickback; Land Lease Off Airport January 2015 OMB Control No.2120-0595 Page 4 of 6 LEASE No. DTFACN-I 6-L-0005 8 (UXT) OM Facility Site Fort Worth, Texas B. Soliciting, accepting, or attempting to accept any kickback; or C. Including, directly or indirectly, the amount of any kickback in the lease price charged by a prime Lessor to the United States Government or in the lease price charged by a sublessor to a prime Lessor or higher tier sublessor. 13. ASSIGNMENT OF CLAIMS (10/96) - Pursuant to the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 6305 the Lessor may assign his rights to be paid under this lease. 14. COVENANT AGAINST CONTINGENT FEES (08/02) - 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 price or consideration, or otherwise recover the full amount of the contingent fee. 15. OFFICIALS NOT TO BENEFIT (10/96) -No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this lease, or to any benefit arising from it. However, this clause does not apply to this lease to the extent that this lease is made with a corporation for the corporation's general benefit. 16. HOLD HARMLESS (10/96) - In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671. et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 17. HAZARDOUS SUBSTANCE CONTAMINATION (05/00) The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the Government Premises that is found to have occurred as a direct result of the installation, operation, relocation and/or maintenance of the Government's facilities covered by this lease. The Lessor agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the Premises. Land Lease Off Airport January 2015 OMB Control No.2120-0595 Page 5 of 6 LEASE No. DTFACN-I6-L-00058 (UXT) OM Facility Site Fort Worth, Texas 18. NOTICES (10/96) -All notices/correspondence shall be in writing, reference the Lease number, and be addressed as follows: LESSOR: GOVERNMENT: City of Fort Worth, Texas U.S. Department of Transportation Property Management Federal Aviation Administration Assistant City Manager Real Estate & Utilities Group, ALO-720 1000 Throckmorton Street 10101 Hillwood Parkway Fort Worth, TX 76102 Fort Worth, TX 76177 IN WITNESS WHEREOF, the parties hereto have signed their names. CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas By: Jesus J. Chapa Date Assistant City Manager APPROVED AS TO FORM AND LEGALITY: By: Jessica ngsvang Date Assistant City Attorney ATTESTED BY: 00000000 O 8 a 6 ity S cr ';t e a Date 09 �.�00 e0000Qil� M&C: L-15943 UNITE - `STATES OF AME CA: Jana C. Blanco Date Real Estate Contracting Officer Land Lease Off Airport OFFICIAL RECORD January 2015 OMB Control No.2120-0595 CITY SECRETARY Page 6 of 6 F9� WOR LEASE No. DTFACN-I6-L-00058 (UXT) OM Facility Site Fort Worth, Texas CERTIFICATE OF PUBLIC AUTHORITY STATE OF TEXAS 1' COUNTY OF C (name) certify that I am the � �(title) of the VLA If named in the foregoing agreement,that , who signed said agreement on behalf of said Public authority and was then ( SiJ�i,,,� ('�h rKC-11 sem f that Public authority and said agreement was duly signed for and in behalf of said by authority of its governing body, and is within the scope of its powers. Dated this 13 day of ?1-e kA-� , in the year 2016. JU11&--1AA - :;q UWL lua P, (Signature) LINDA M. HIRRLINGER � Notary Public,state{ of Texas Comm.Expires 02-02-2018 " Notary ID 12414474.6 Land Lease Off Airport January 2015 OMB Control No.2120-0595 Page 7 of 6 .MAYOR AND COUNCIL COMMUNICATION MAP 21 FAAOUTERMARKERLEASE Council District: #9 �sl !� sit Lij I A-0 R LAN _.STER OTTONwO D - i 1500 11TH AVE EL PASQ HOLLY WATER TREATMENT ©� �� FAA OLITERMARKER IRIO OR 1 E Q 11TH — RIVER JARVIS _DAGGET - .44/I'' � _ s QQ BOADINAY -WENIJECA ET RS MITH y4 , ,;� F . LIC K-Eup ` F a NIA CENTER - y- J PRLII7T r 35 6 LLJ W E ,� t•= Feet t\ 0 250 500 1,000 - �� 35 FORT WORTH Copyright 2016 City of Fort Worth. Unauthorized reproduction is a violation of o applicable laws.This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of orooertv boundaries.The Citv of Fort Worth assumes no resoonsibilitv for . �. yl5yyy7'r i* 1 t A ` ytL, ` }t � s 44 VP tc u f x ti•,F i s, ' I i l t\,tytu •i. is'.�;J i I .lTl M&C Review Page 1 of 2 Official site of the city oi i FORT WORTIl CITY COUNCIL AGENDAS i COUNCIL ACTION: Approved on 8/30/2016 DATE: 8/30/2016 REFERENCE **L-15943 LOG NAME: 21 FAAOUTERMARKERLEASE NO.. CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Second Lease Agreement Between the City of Fort Worth and Federal Aviation Administration for Continued Use of City Property Near the Holly Water Treatment Plant to Operate an Outer Marker Beacon to Serve Flight Operations for Meacham Airport and Authorize Waiver of Fair Market Rent (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a second lease Agreement with the Federal Aviation Administration for continued use of City of Fort Worth property near the Holly Water Treatment Plant to operate an outer marker beacon to serve flight operations for Meacham Airport; 2. Authorize waiver of fair market rent and the charge of no rent or fees for the use of this area; and 3. Find that authorizing the waiver of fair market rent and the charge of no rent or fees serves to carry out the public purpose of air safety for the flying public by providing a location for the operation of the outer marker beacon that guides flights safely to Meacham Airport. DISCUSSION: On February 25, 1997, City Council approved a lease Agreement (M&C L-11924) with the Federal Aviation Administration (FAA)to place an outer marker beacon to guide aircraft to Meacham Airport. The outer marker beacon occupies a 40'x40' plot of land owned by the City of Fort Worth near the Holly Water Treatment Plant. The current lease is due to expire on September 30, 2016. All parties desire to continue to lease the plot of land with a second lease Agreement for a term of five years to commence on October 1, 2016 and expiring on September 30, 2021. As a control to ensure the public purpose use is adequately being carried out, the lease document contractually obligates the FAA to establish, operate and maintain their aviation facilities on the property. This contract will be with a governmental entity, state agency or public institution of higher education: Federal Aviation Administration. This property is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies this lease will have no material effect on City funds. TO http://apps.cfwnet.org/council_packet/mc review.asp?ID=22665&councildate=8/30/2016 9/2/2016 M&C Review Page 2 of 2 Fund Department Account Project Program Activity Budget Reference# Amount I ID I I ID I I Year ( (Chartfield 2) I FROM Fund Department Account Project Program Activity Budget Reference# Amount ID 1D I I Year Chartfield 2 Submitted for City Manager's Office by. Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Mark Brown (5197)Jean Petr(8367) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=22665&councildate=8/30/2016 9/2/2016