HomeMy WebLinkAboutRES 890319RESOLUTION NO.
A RESOLUTION APPROVING TWO (2) LEASE AGREEMENTS BET-
WEEN THE CITY OF GEORGETOWN, TEXAS, AND
GOVERNMENT FOR THE LOCATION OF AN AUTOMATED WEATHER
O. t- SYSTEM (AWOS) AT THE GEORGETOWN
MUNICIPAL AIRPORT.
WHEREAS, the Federal Aviation Administration (FAA) desires tt.
install an AWOS at the Georgetown Municipal Airport; and,
WHEREAS, the Council finds that the installation of an AWOS will
provide enhanced safety and operational benefits to the Airport; and,
WHEREASi there exists sufficient airport property to accommodatt
the installation of an AWOS, andt
WHEREAS, the City desires to lease such property to
Government and the U. S. Government agrees to lease such property
under the terms and conditions set forth in the two (2) Lease Agree-
ments; and,
WHEREAS, the Council' has found that this action implements
Facilities and Services Policy I of the Century Plan - Policy Plan
Element, and is not found to be inconsistent nor in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Admi-
i
nistrative Chapter of the Policy Plat.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS.
That the Council finds the recitals set forth above are true and cor-
rect and are incorporated herein for all purposes.
That the Council approves Lease No. DTFA07-89 -L-01191 and Lease No.
DTFA07-89-L-01190 between the City of Georgetown, Texas, and the U. S.
Government to lease the described property at the Georgetown Municipal
Airport, which Agreements are attached hereto and hereby incorporated
herein, as if fully set forth at length.
That the Mayor is hereby authorized to sign the Agreements and the
City Secretary to Attest.
Passed and Approved this day of 1989.
Tim Kennedy, Mayor -
City of Georgetown, Texas
Diane Callander, City Attorney
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, TX 76193-0056
Lease No.: DTFA07-89-L-01191
Automated Weather Observing/
Reporting System (AWOS) Sensor Sit�
Georgetown Municipal Airport
Georgetown, Texas
LEASE
between
CITY OF GEORGETOWN
and
THE UNITED STATES OF AMERICA
This LEASE, made and entered into this day of in he
year one thousand nine hundred and eighty nine, by and between the CITY OF
GEORGETOWN, whose address is P.O. Box 409, Georgetown, Texas 78627, for
itself, its successors, and assigns, hereinafter called the Lessor and the
UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter
gentioned covenant and agree as follows:
1. For the term beginning September 1, 1989, and ending September 30,
1989, the Lessor hereby leases to the Government the following described
property, hereinafter called the premises,,VIZ:
Approximately 675 square feet of land adjacent to the approach
end of Runway 18 to install an Automated Weather Observing/
Reporting System (AWOS) Sensor Unit, a plot of land located
113.0 feet due west of the wind sensor tower centerpoint to
install a wind sensor direction benchmark) and a plot of land
located 10 feet from the wind sensor tower centerpoint on a line
perpendicular to the runway centerline to install a pressure
sensor elevation benchmark, all being on the Georgetown
Municipal Airport, Georgetown, Texas, as further denoted on FAA
Drawing No. SW -D-10983-3, marked Exhibit "A," FAA Drawing
No* SW -D-10983-4, marked Exhibit IIB,II FAA Drawing
No. SW -D-10983-7, marked Exhibit IIC,11 and FAA Drawing
No. SW -D-10988-9, marked Exhibit I'D," which by this reference
are made a part hereof.
M
Lease No.: DTFA07-89-L-01191
Automated Weather Observing/
Reporting System (AWOS) Sensor Site
Georgetown Municipal -Airport
Georgetown, Texas
a. Together with a right-of-way for ingress to and egress from the
premises; a right-of-way or rights-of-way for establishing and maintainin2
a pole line or pole lines for extending electric power, and telecommunica-
tions facilities to the premises; and right-of-way for subsurface power,
communication and water lines to the premises; all rights-of-way to be
over the said lands and adjoining lands o he essor, an un ess erein
tescribed by metes and bounds, to be by routes reasonably determined to be
the most convenient to the Goverment.
b. And the right of grading, conditioning, and installing drainage
Cacilities, and seeding the soil of the premises, and the removal of all
#bstructions from the premises which may constitute a hindrance to the
,stablishment and maintenance of air navigation and telecommunications
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 Goverment$ and may be removed upm the date of expiration or
termination of this lease, or within ninety (90) days thereafterl by or on
behalf of the Government, or its grantees, or purchasers of said
alterations, fixtures, additions, structures, or signs.
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 Goverment 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 shall
extend this lease beyond the 30th day of September 2004; AND PROVIDED
FURTHER, that adequate appropriations are available from year to year for
the payment of rentals.
ii
The Government shall pay no monetary consideration in the form of
rentall it being mutually agreed that the rights extended to the
Government herein are in consideration of the obligation assumed by the
Government in its establishmentt operation, and maintenance of the
facilities upon the premises hereby leasedo
Lease No.: 1TFA07-89-L-01191
Automated Weather, Observing/
Reporting System (AWO8) Sensor Site
Georgetown Municipal Airport
Georgetown, Texas
The Government may terminate this lease at any time by giving at
least thirty (30) days' notice in writing to the Lessor, and no rental
shall accrue after the effective date of termination. Said notice shall
be sent by certified or registered mail.
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 that may
arise therefrom; but this provon shall not- be construed to extend to
this lease if made with a corporation for its general benefit.
M
AHICAmig -
N
The Lessor warrants that no person or selling agency has been
employed or retained to solicit or secure this lease upon an agreement or
understanding for a commission, brokerage, percentage or contingent feel
except bona fide employees or bona fide established commercial or selling
agencies maintained by the Lessor for the purpose of securing business.
For breach or violation of this warranty, the Goverment shall have the
right to annul this lease without liability, or in its discretion to
deduct from amounts otherwise due under this lease or other consideration,
the full amount of such commission, brokerage, percentage, or contingent
fee.
a. This lease is subject to the Contract Disputes Act of 1978
(Public Law 95-563).
b. Except as provided in the Act, all disputes arising under or
relating to this lease shall be resolved in accordance with this
clause.
c. (1) As used herein, "claim" means a written demand or assertion
by one of the parties seeking, as a legal right, the payment
of money, adjustment, or interpretation of lease terms, or
other relief, arising under or relating to this leaseo
(2) A voucher, invoice, or request for payment that is not in
dispute when submitted is not a claim for the purposes of
the Act. However, where such submission is subsequently not
acted upon in a reasonable time, or disputed either as to
liability or amount, it may be converted to a claim pursuant
to the Act.
-3-
Lease No.: DTFA07-89-L-01191
Automated Weather Observing/
Reporting System ( ' AWOS) Sensor Site
Georgetown Municipal Airport
Georgetown, Texas
(3) A claim by the Lessor shall be made in writing and submitted
to the Contracting Officer for decision. A claim by the
Government against the Lessor shall be subject to a decision
IF' y the Contracting Officer.
d. For Lessor claims of more than $50,000, the Lessor shall submit
with the claim a certification that the claim is made in good
faith; the supporting data are accurate and complete to the best
of the Lessor's knowledge and belief; and the amount requested
accurately reflects the lease adjustment for which the Lessor
believes the Government is liable* The certification shall be
executed by the Lessor if an individual. When the Lessor is not
an individualo the certification shall be executed.by a senior
company official in charge at the Lessor plant or location
involved, or by an officer or general partner of the Lessor
having overall responsibility for the conduct of the Lessor's
affairs.
e. For the Lessor claims of $50,000 or less, the Contracting Officer
it render a decision within 60 days. For Lessor claims in
excess of $50,000, the Contracting Officer it decide the claim
within 60 days or notify the Lessor of the date when the decision
will be made.
f. The Contracting Officer's decision shall be final unless the
Lessor appeals or files a suit as provided in the Act.
Z. The authority of the Contracting Officer under the Act does not
extend to claims or disputes which by statute or regulation other
agencies of the Executive Branch of the Federal Government are
expressly authorized to decide.
h. Interest on the amount found due on a Lessor claim shall be paid
from the date the claim is received by the Contracting Officer
until the date of payment. Interest on the amount found due on a
Government claim shall be paid from the date the claim is
received by the Lessor until the date of payment. Interest shall
be computed at ten percent (10%) per annum on the basis of -
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66-day year, whichever applies.
i. Except as the parties may otherwise agree, pending final
resolution of a claim by the Lessor arising under the lease, the
Lessor shall proceed diligently with the performance of the lease
and its terms in accordance with the Contracting Officer's
decision.
10
Lease No.: DTFA07-89-L-01191
Automated Weather Observing/
Reporting System (AWOS) Sensor Sit4
Georgetown Municipal Airport
Georgetown, Texas
The airport owner agrees that any relocation, replacement, or
modification of any Federal Aviation Administration Class I and Class II
facilities, or components thereof, as defined below, covered by this lease
during its term or any renewal thereof made necessary by airport
improvements or changes which impair or interrupt the technical and/or
operational characteristics of the facilities will be at the expense of
the airport owner; except, when such improvements or changes are made at
the specific request of the Governmento In the event such relocations,
replacements, or modifications are necessitated due to causes not
attributable to either the airport owner or the Government, funding
responsibility shall be determined by the Government.
Remote Transmitters/Receiver (Tower)
Airport Traffic Control Towers
Airport Surveillance Radars
Airport Surface Detection Equipment
Precision Approach Radars
ILS and Components
ALS and Components
Flight Service Stations
Visual Landing Aids
Direction Finding Equipment
(instrument Approach)
Weather Observing and Measuring Equip.
(Owned and operated by FAA)
Central Standby Powerplants
Low Level Wind Shear Alert Systems
Long Range Radar VOR and VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Stations
Remote Control Air-Gpound Remote Communications Outlet
Communication Facility Limited Remote Communications Outlet
Other En Route Facilities
It is hereby agreed between the parties that upon termination of its
occupancy the Government shall have no obligation to restore and/or
rehabilitatel either wholly or partially, the property which is the subject
matter of this lease. It is further agreed that the Government may abandon
�n place any or all of the structures and equipment installed in or located
Upon said Property by the Government during its tenure. Notice of
abandonment will be conveyed to the Lessor in writing.
Lease No.: DTFA07-89-L-01191
Automated Weather Observing/
Reporting System (AWOS) Sensor Site
Georgetown Municipal Airport
Georgetown, Texas
The Lessor agrees not to erect, or to allow to be erected on the leased
property or on adjacent property of the Lessor, any structure or obstruction
of whatsoever kind or nature as will interfere with the proper operation of
the facilities installed by the Government under the terms of this lease
unless consent thereto shall first be secured from the Government in writing.
All notices sent to the parties under the lease shall be addressed as
follows:
To the Lessor: City of Georgetown, P.O. Box 409, Georgetown,
Texas 78627
To the Government: Department of Transportation, Federal Aviation
Administration, Southwest Region, ATTN: ASW -56, Fort Worth, TX 76193-0056
IN WITNESS WHEREOF, the parties hereto have unto subscribed their
names as of the date first above written.
CITY OF GEORGETOWN
By:,
Title: Tim - Kenna 4y mayor
affVZOINW1
THE UNITED STATES OF AMERICA
Marcus L. Williams
Title: Contracit.ing cer
I M.
Lease No.: DTFA07-89-L-01191
Automated Weather Observing/
Reporting System (AWOS) Sensor -Site
Georgetown Municipal Airport
Georgetown, Texas
CORPORATE CERTIFICATE
LETA F. WILLOUGHBY
certify that I am the
*f the Corporation named in the foregoing agreemen7tt
who signed said agreement on behalf of said corporation, was then
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 a day of
W.
STANQARD FORM 2
FEBRUARY 1965 EDITION
GENERAL SERVICES
ADMINISTRATION
FPR (41 CFR) t-16.601
DATE OF LEASE
U.S. GOVERNMENT
LEASE FOR REAL PROPERTY
THIS LEASE, made and entered into this date by and between the City of Georgetown, Texas
whose address is P.O. Box 409
- I Georgetown, Texas 78627
and whose interest in the property hereinafter described is that of Owner
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the following d6cribed premises:
Space on the south wall of the Flight Planning Room located off the
vestibule of the main terminal building of the Georgetown Municipal Airport
for installation of an Automated Weather Observing /Reporting System (AWOS)
Central Data Platform (CDP); being a unit 2 feet -by 1 foot 8 inches, and
its associated cabling.
tobeused for an Automated Weather _-Observing/Reporting System (AWOS) Central
Data Platform (CDP)
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
------ ---- ei-)t-embe-r-- through _aept�.
a ..30.-.989----- subject to termination
and renewal rights as may be hereinafter set forth.
Ryum"7mr.m.
Per ---------------------------------------------------- ------------_ in arrears.
or in.Rar� thirty
4. The Government may terminate this leaw,$Pt lanl�yltime by givi g at east ........... . _Q,Q).... days' notice in writing
to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc-
ing with the day after the date of mailing.
provided notice be g,�ivn i ring to the Lessor at least _____________________ days before the end of the original lease term
e
or any rengwal—wr'm; all other terms and conditions of this lease shall remain the same during any renewal term.
2-106
6. The Lessor shall furnish to the Government, as part of the rental consideration, the following:
a. Utility services as more particularly described in Article 9 below.
b. Access to and use of an existing electrical panel in the Airport Manager's
office of the main terminal building.
H
7. The following are attached and made ' a part hereof:
a. The General Provisions and Instructions (Standard Form 2-A, ..Max__ 1UD_ edition). as amended
b. Articles 9 through 18.
c. Corporate Certificate.
8. The following changes were made in this lease prior to its execution:
Article 3, Standard Form -2, deleted; the words "wholly or in part"
were added to Article 4�. Standard Form 2; Article 5, Standard Form 2, deleted;
Article 11, Standard Form 2—A, deleted; -Article 17, Standard Form 2—A added.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above
written.
LESSOR
City of Georgetown, Texas
---- VL--"
IN
---- - --- -----------
UNITED STATES OF AMERICA
Marcus L. Willian
STANDARD FORM 2
FEBRUARY 1965 EDITION
ontR
Officer
____Cractin
- ----------- — -------------------------------------------
(Offirial fifle)
U.S. GOVERNMENT PRINT
' OFFICE : 1983 0 - 421-526 (9143)
Lease No. DTFA07-89-L-01190
Automated Weather Observing/Reporting
System (AWOS) Central Data Platform (CDP)
Georgetown, Texas
9. UTILITY.SERVICES:
The Government shall have the right to connect to all utility
services without charge to the Government for tying into the service.
Lessor shall furnish without cost all electricity used for lighting or for
powering equipment used by the Government.
MM�MMJM M#
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 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 shall
extend this lease beyond the3fth day of September -2004. I
It is hereby mutually understood and agreed that the Government shall
pay no monetary consideration in the form of rental for the leased
premisesi 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, operationj and maintenance of the
facilities Upon the premises.
92MEM29�0 �# -11
The Government shall have no obligation to restore and/or
rehabilitatet either wholly or partially, the property which is the
subject matter of this lease* It is further agreed that 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 t -
a `
otice of abandonment will be conveyed to the Lessor in writing.
The Lessor agrees that in the event any of the Lessor's operations or
facilities located on the demised premises causes interference with the
Government's operations conducted on the leased premises* the Lessor
shall, upon being notified by the Government's Contracting Officer, make
every reasonable effort to eliminate the cause of such interference.
Lease No. DTFA07-89-L-01190
Automated Weather Observing/Reporting
System (AWOS) Central Data Platform (CDP)
Georgetown, Texas
14. INSTALLAT
The Government shall have the right and privilege to installi
operate, and maintain antenna wires and appurtenances atop necessary
buildings and structures or at other locations where deemed necessary on
an airport property, together with the right to install, operatel and
maintain necessary connecting cables and wiring, where neededl to perform
the necessary linking of facilities, provided such installations do not
constitute a hazard to the operation of Aircraft when such installations
have been oomplete,do-The Government shall have the right to install,
operate, and maintain such cables, conduitj and wiring as necessary to
link and connect its facilities to its -emergency standby powerplant to be
used in the event of commercial power failure to any of its facilities
located on Airport property.
The airport owner agrees that any relocation. replacementi or
modification of any Federal Aviation Administration Class I and Class II
facilities, or components thereofj as defined below, covered by this lease
during its term or any renewal thereof made necessary by airport
improvements or changes which impair or interrupt the technical and/or
operational characteristics of the facilities will be at the expense of
the airport owner; except, when such improvements or changes are made at
the specific request of the Governmento In the event such relocations,
replacementsi or modifications ate necessitated due to causes not
attributable to either the airport owner or the Government, funding
responsibility shall be determined by the Government.
CLASS:I:FACILITIES
Remote Trah61itters/ReceiveV Mwe
Airport Traffic Control Towers
Airport Surveillance Radars
Airport Surface Detection Equipmen
Precision Approach Radars
ILS and Components
ALS and Components
Flight Service Stations
Visual Landing Aids
Direction Finding Equipment
VORls, TVOR's, and VORTAC's
(Instrument Approach)
Weather Observing and Measuring Equip.
(Owned and operated by FAA)
Central Standby Powerplants
Low Level Wind Shear Alert Systems
CLASS II FACILITIES
Long Range Radar VOR And VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Stations
Remote Control Air-Grouhd Remote Communications Outlet
Communication Facility Limited Remote Communications Outlet
•
A��
Lease No. DTFA07-89-L-01190
Automated Weather Observing/Reporting
System (AWOS) Central Data Platform (CDP)
Georgetown, Texas
16. DISPUTES:
a. This lease is subject to the Contract Disputes Act of 1978 (Public
Law 95-563).
b. Except as provided in the Act, all disputes arising under or
relating to this lease shall be resolved in accordance with this
clause.
c. (1) As used herein, "claim" means a written demand or assertion by
one of the parties seeking, as a legal right, the payment of
money, 'adjustment, or interpretation of lease terms, or other
relief, arising under or relating to this lease.
(2) A voucher, invoice, or request for payment that is not in
dispute when submitted is not a claim for the purposes of the
Act. However, where such submission is subsequently not acted
upon in a reasonable time, or disputed either as to liability
or amount, it may be converted to a claim pursuant to the Act.
(3) A claim by the Lessor shall be made in writing and submitted to
the Contracting Officer for decision. A claim by the
Government against the Lessor shall be subject to a decision by
the Contracting Officer.
111 IMF III p �pii 1!
fi The Contracting Officer's decision shall be final unless the Lessor
appeals or files a suit as provided in the Act.
Lease No. DTFA07-89-L-01190
Automated Weather Observing/Reporting
System (AWOS) Central Data Platform (CDP)
Georgetown, Texas
g. The authority of the Contracting Officer under the Act does not
extend to claims or disputes which by statute or regulation other
agencies of the Exedutive Branch of the Federal Government are
expressly authorized to decide*
hi Interest on the amount found due on a Lessor claim shall be paid
from the date the claim is received by the Contracting Officer
until the date of payment. Interest on the amount found due on a
Government claim shall be paid from the date the claim is received
by the Lessor until the date of payment* Interest shall be
computed at ten percent (10%) per annum, on the basis of a 365- or
366 -day year, whichever applies.
i. Except as the parties may otherwise agree, pending final resolution
of a claim by the Lessor arising.under the lease, the Lessor shall
proceed diligently with the performance of the lease and its terms
in accordance with the Contracting Officer's decisiono
M "It aa.4,1101
In accordance with and subject to the conditionsi limitations and
exceptions set forth in the Federal Tort Claims Act, as amended,
60 8tat. 842 (1946), hereafter termed "the Act," the Government will be
liable to persons damaged by any Personal injury, death or injury to or lo
of property, which is caused by a negligent or wrong ful act or omission of
at employee of the Goverment while acting within the scope of his office
employment Under circumstances where a private person would be liable in
accordance with the law of the place where the Act OP 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
*reolude the Government from using any defense available in law or equity.
The Lessor agrees to hold the Government harmless from ail suits' and
claims of any kind that may arise from or be incident to the Lessor's
performance of this lease. FURT8ERMORE, in the event that the Lessorts
personnel or agents damage or destroy any of the Government's property
through fault or neglect, the Lessor shall repair or replace such property
promptly to the Goverment's satisfaction at the Lessorls: expense*
U.S. Government Lease for Real Property
MEMM
1. SUBLETTING THE PREMISES.
-The Government may sublet any part of the premises but
shall not be relieved from any obligations under this lease"
by reason of any such subletting.
2. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including
the building and any and all equipment, fixtures, and ap-
purtenances, furnished by the Lessor under this lease in
good repair and tenantable condition, except in case of
damage arising from the act or the negligence of the Gov-
ernment's agents or employees. For the purpose of so main-
twining 'said premises and property, the Lessor may at
reasonable times, and with the approval of the authorized
Government representative in -charge, enter and inspect the
same and make any necessary repairs thereto.
3. DAMAGE BY FIRE OR OTHER CASUALTY.
It the said premises be destroyed by fire or other casualty
this lease shall immediately terminate. In case of partial
destruction or damage, so as to render the premises unten-
antable, as determined by the Government, the Government
may terminate the lease by giving written notice to the
Lessor within fifteen (15) days thereafter; if so terminated
no rent shall accrue to the Lessor after such partial de-
struction or damage; and if not so terminated the rent shall
be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
4. ALTERATIONS.
`,The Government shall have the right during the existence
of this lease to make alterations, attach fixtures and erect
additions, structures or signs in or upon the premises hereby
leased, which fixtures, additions or structures so placed in,
upon or attached toprt said d eim'el shall be and remain
the property of the nd may be removed or
otherwise disposed of by the Government.
5. CONDITION REPORT.
A joint physical survey and inspection report of the de-
mised premises shall be made as of the effective date of this
lease, reflecting the then present condition, and will be signed
on behalf of the parties hereto.
•MT17537"
The Lessor warrants that no person or selling agency has
been employed or retained to solicit or secure this lease upon
an agreement or understanding for a commission,ercent-
age, brokerage, or contingent fee, excepting bona Ede em-
ployees or bona fide established commercial or selling agencies
maintained by the Lessor for the purpose of securing busi-
ness. For breach or violation of this warranty the Govern-
ment shall have the right to annul this lease without liability
or in its discretion to deduct from the rental price or con-
sideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee. (Li-
censed real estate agents or brokers having listings on prop
-
e for rent, in accordance with general business practice,
and have not obtained such licenses for the sole purpose
of effecting this lease, may be considered as bona fide em-
ployees or agencies within the exception contained in this
clause.)
7. OFFICIALS NOT TO BENEFIT.
No Member of or Delegate to Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
a
OVISIONS Lease No.: DTFA07-89-L-01190
(AWOS) (CDP)
Geor%etow Texas
11�at may arise contract, or to any enefit se therefrom; but
this provision shall not be construed to extend to this lease
contract if made with a corporation for its general benefit.
8. ASSIGNMENT OF CLAIMS.
Pursuant to the provisions of the Assignment of Claims
Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if
this lease provides for payments aggregating $1,000 or
more, claims for monies due or to beg;e%geadue the Lessor
from the Government under this contract may be assigned
to a bank, trust company, or other financing institution,
including any Federal lending agency, and may thereafter
be further assigned or reassigned to any such institution. Any
such assignment or reassignment shall cover all amounts pay-
able under this contract and not already paid, and shall not
be made to more than one party, except that any such assign-
ment or reassignment may be made to one party as agent
or trustee for two or more parties participating in such'fi-
nancing. Notwithstanding any provisions of this contract,
payments to an assignee of any monies due or to become
due under this contract shall not, to the extent provided in
said Act, as amended,:be subject to reduction or set-off.
9. EQUAL OPPORTUNITY CLAUSE.
(The following clause is applicable unless this contract is
exempt under the rules, regulations, and relevant orders of
the Secretary of Labor (41 CFR, ch. 60).)
During the performance of this contract, the Contractor
agrees as follows:
a e Contractor will
ployee or applicant for employment because of race, color,
religion, s , or national origin. The Contractor will take
ative action to ensure that applicants are employed,
and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin.
Such action shall include, but not he limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for train-
ing, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Contracting
Officer setting forth the provisions of this Equal Opportunity
clause.
(b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin.
(c) The Contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargain-
ing agreement or other contract or understanding, a notice,
to be provided by the agency Contracting Officer, advising the
labor union or workers' representative of the Contractor's
commitments under this Equal Opportunity clause, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Ex-
ecutive Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of
Labor.
(e) The Contractor will furnish all information and re-
ports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, ane orders of the
Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting
Standard Form 2-A
General Services Administration—PPR (41 CFR) 1-16.601
May 1970 Edition
2-26-3
agency and the Secretary of Labor for purposes of investiga
tion to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with
the Equal Opportunity clause of this contract or with any
of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended, in whole, or in part,
and the Contractor may be declared ineligible for further
Government contracts in, accordance with procedures author-
ized in Executive Order Na 112a6 of Zeptember 24, 1965,
and such other sanctions may be imposed and remedies in-
voked as provided in Executive Order No. 11246 of Septem-
ber 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of para-
graphs (a) through (g) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Execu-
tive Order No. 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-
contract or purchase order as the contracting agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in the
event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to
protect the interests of the United States.
10. FACMITIEs NoNDISCMMINATION.
(a) As used in this section, the term "facility" means
stores, shops, restaurants, cafeterias, restrooms, and any
other facility of a public nature in the building in which the
space covered by this lease is located.
(b) The Lessor agrees that he will not discriminate by
segregation or otherwise against any person or persons be-
cause of race, color, religion, sex, or national origin in
furnishing, or by refusing to furnish, to such person or
persons the use of any facility, including any and all services,
privileges, accommodations, and activities provided thereby.
Nothing herein shalt reuire the furnishing to the general
public of the use of any facility customarily furnished by the
Lessor solely to tenants, their employees, customers, patients,
clients, guests and invitees.
I (c) it is agreed that the Lessor's noncompliance with the
provisions of this section shall constitute a material breach
of this lease. In the event of such noncompliance, the Gov-
ernment may take appropriate action to enforce compliance,
may terminate this lease, or may pursue such other remedies
as may be provided by law. In the event of termination, the
Lessor shall be liable for all excess costs of the Government
in acquiring substitute space, including but not limited to
the cost of moving to such space. Substitute space shall be
obtained in as close proximity to the Lessor's building as is
feasible and moving costs will be limited to the actual ex-
penses thereof as incurred.
(d) It is further agreed that from and after the date
hereof the Lessor will, at such time as any agreement is to
be entered into or a concession is to be permitted to operate,
include or require the inclusion of the foregoing provisions
of this section in every such agreement or concession pur-
suant to which any person other than the Lessor operates or
has the right to operate any facility. Nothing herein con-
tained, however, shall be deemed to require the Lessor to
in,-Iude or require the inclusion of the foregoing provisions of
this section in any existing agreement or concession arrange-
ment or one in which the contracting party other than the
Lessor has the unilateral right to renew or extend the agree-
ment or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew
or extend. The Lessor also agrees that it will take any and
all lawful actions as expeditiously as possible, with respect to
any such agreement as the contracting agency may direct, as
a means of enforcing the intent of this section, including, but
not limited to, termination of the agreement or concession and
institution of court action.
(NOTE.—This rovision is applicable if this lease was pe,6_
tiated without Uvertising.)
(a) The Lessor agrees that the Comptroller eral of the
United States or any of his duly authorize epresentatives
shall, until the expiration of 3 years final payment
under this lease, have access to and right to examine any
directly pertinent books docuin s, papers, and records of
the Lessor involving tra sac i s related to this lease.
(b) The Lessor furth grees to include in all his subcon-
tracts hereunder a pr sion to the effect that the subcontrac-
tor agrees that omptroller General of the United States
or hi repres tines shall, until the expiration of 3 years
after fin ayment under this lease with the Government,
have ess to and the right to examine any directly pertinent
s. documents. Dai)ers, and records of such subcontractor
The Lessor, as part of the rental consideration, agrees to
comply with all codes and ordinances applicable to the own-
ership and operation of the building in which the leased space
is situated and, at his own expense, to obtain all necessary
permits and related items.
FMIM_��
At all times after receipt of Bids, prior to or after accept-
ance of any Bid or during any construction, remodeling or
renovation work, the premises and the building or any parts
thereof, upon seasonable and proper notice, shall be accessi-
ble for inspection by the Contracting Officer, or by architects,
engineers, or other technicians representing him, to deter-
mine whether the essential requirements of the solicitation or
the lease requirements are met.
14. EcoNomy. ACT LIMITATION.
If the rental specified in this lease exceeds $2,000 per
annum, the limitation of Section 322 of the Economy Act of
1932, as amended (40 U.S.C. 278a), shall apply.
In the event of failure by the Lessor to provide any service,
utility, maintenance or repairs required under this lease, the
Government shall have the right to secure said services,
utilities, maintenance or repairs and to deduct the cost
thereof from rental payments.
16. LEssoRls SuccEssoRs.
The terms and provisions of this lease and the conditions
herein shall bind the Lessor, and the Lessor's heirs, executors,
administrators, successors, and assigns.
CERTIFICATION
1. CERTiFxcATxoN or NoNsEGREGATEn FAciLITIES. By the submission of this bid, the bidder, offeror, applicant,
(Applicable to (1) contracts, (2) subcontracts, and (3) or subcontractor certifies that he does not maintain or pro -
agreements with applicants who are'themselves performing vide for his employees any segregated facilities at any of his
federally assisted construction contracts, exceeding $10,000 establishments, and that he does not permit his employees to
which are not exempt from the provisions of the Equal perform their services at any location, under his control,
Opportunity clause.) where segregated facilities are maintained. He certifies fur-
k�
�standard Form 2-A
May 1940 Edition
1. Whenever the lease is executed by an attorney, agent,
or trustee on behalf of the Lessor, two authenticated copies
of his power of attorney, or other evidence to act on behalf
of the Lessor, shall accompany the lease.
2. When the Lessor is a gartnership, the names of the
rartners composing the firm shall be stated in the body of the
ease. The lease shall be signed with the partnership name,
followed by the name of the partner signing the same.
3. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
0
and title of the officer or other person signing the lease on
its behalf, duly attested, and, if requested by the Governmenf.
evidence of this authority so to act shall be furnished.
4. When deletions or other alterations are made specific
notation thereof shall be entered under clause 8 of the lease
.before signing.
5. If the property leased is located in a State requiring
the recording of leases, the Lessor shall comply with all such
statutory requirements at Lessor's expense,
U.S. GOVERNMENT PRINTING OFFICE : 1983 0 - 381-526 (8245) Standard Form 2-A
May 1970 Edition
ther that he will not maintain or provide for his employees
prior to the award of subcontracts exceeding $10,000 which
any segregated facilities at any of his establishments, and
are not exempt from the provisions o * f the Equal Opportunity
that he will not permit his employees to perform their services
clause; that he will retain such certifications in his files;
at any location, under his control, where segregated facilities
and that he will forward, the following notice to such pro -
are maintained. The bidder, offeror, a plicant, or subcon-
tractor that breach this is -violation
posed. subcontractors (except where the pr6posed subcon-
tractors have identical
agrees a of ccation a
submitted certifications for specific
of the Equal Opportunity clause in this contract As used in
time periods)
this certification, the term "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, res-
taurants and other eating areas, time clocks, locker rooms and
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NoNsEriEGATmFAcirATiEs
other storage or dressing areas, parking lots, drinking foun-
ta recreationen areas,
te�inm a la
s ' transpor
or t
A Certification of Nonsegregated Facilities must be sub-
housingfacilities
'tie pro or
ed f employees
10 ares e-
mp yees Which e
mitted prior to the award of a subcontract exceeding $10,000
gatedby explicit
x directive
- r ve or a
re i fact segregated
which isnot exempt from the provisions of the Equal Oppor-
t .0 1 ri
batunny
0 f Colo
race, r, religion, 0� I na 0 1
clause. The certification may be submitted either for
of it custom,
I sto
habit, a u in 'oth e ur a that
further
' loc th �r
each subcontract or for all subcontracts during a period (i.e.,
r
ex e where be has btain d id
0r obtained
(except cal certifications
quarterly, semiannually, or annually).
proposed subcontractors for secific time periods) he will ob-
NOTE: The penalty for making false statements in offers
tain identical certifications from proposed subcontractors
is prescribed in 18 U.S.C. 1001.
NOTE,The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
INSTRUCTIONS
1. Whenever the lease is executed by an attorney, agent,
or trustee on behalf of the Lessor, two authenticated copies
of his power of attorney, or other evidence to act on behalf
of the Lessor, shall accompany the lease.
2. When the Lessor is a gartnership, the names of the
rartners composing the firm shall be stated in the body of the
ease. The lease shall be signed with the partnership name,
followed by the name of the partner signing the same.
3. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
0
and title of the officer or other person signing the lease on
its behalf, duly attested, and, if requested by the Governmenf.
evidence of this authority so to act shall be furnished.
4. When deletions or other alterations are made specific
notation thereof shall be entered under clause 8 of the lease
.before signing.
5. If the property leased is located in a State requiring
the recording of leases, the Lessor shall comply with all such
statutory requirements at Lessor's expense,
U.S. GOVERNMENT PRINTING OFFICE : 1983 0 - 381-526 (8245) Standard Form 2-A
May 1970 Edition
Lease No.: DTFA07-89-L-01190
r..,WOS) (CDP)
_orgetowwn, 'Texas
Attachment to SF 2-A :�General Provisions
entered(4) This 01AUS4 is applicable- if the amount of this lease exceedal
10,000 and was entered into by sean3 of n*&OtiatiOn, including 3=11
business restricted.adverti3ing, but is not applicable if this lease
into byaean3of ♦. • t ''
Lessor Couptrollor General 3f the United
! : a f: * :. 4: a :::
States
+final payment a this lease or ..,..
Regulationexpiration of 1 years after
time specified in either Appendix M of the Armed Services Procurement
or
Federal Procurement • s Part t
appropriatej have access
toand the righttoexamine
pertinent books,
transactionsa to
this ltAse4
The Lessor further agrees to eSubcontracts
hereunder . Provision a !effect that the subcontractor agrees
unitedcomptroller General Of the States or of duly authorized
representatives -expirationa .c. . payment
under the subcontract or such lesser time Specified in either Appendix M
of the Armed Services Procurement RegUlat 'ion or the Pederal,Procurement
Regulations Part t appropriate, to t !
•
examine any directly pertinent books$ documentst papers, and records of
such subcontractor, involving transactions related to the subcontract
The term "3ub^-ohtradt* as used in this clause exeludet (1) purchase orders
not exceeding $10,000 and (2) subcontractors Of Purchase orders for public
utility- services at rates established for uniform applicability to the
general
public.
(d) The periods of Idttis • examination deteribed in i. • and
recordsabove, for to (1) appeals under'Di3pute3w
of this leAtt, (2) litigation or rr "
ofclaimsout of
representatives,the performance of this lea344 or (3) Costs and expenses of this Aease as
to which exception has teen taken by the COMPtr011er General or any of his
duly authorized continue ♦ •. .
litigati! a: or exceptions a been disposed !
Lease No. DTFA07-89-L-01190
Automated Weather Observing/Reporting
System (AWOS) Central Data Platform'(DP)
-Georgetown, Texas
certify that I am the
of the Corporation named in the foregoing agreemer
wUo signed said agreement on behalf of said torpor v�u.,, .,�. v.....
JI thereof r 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. e�
Dated this c - day of
Signed by2
CORPORATE SEAL
gzpsm# � #�
DATE.- August 9, 1989
To.
Mayor and Council Members
FROM: Travis McLain
Airport Manage ---
SUBJECT.* Lease Agreements with U. S Government
Automated Weather Observation/Reporting Systems (AWOS-3) are being
installed and commissioned by the FAA at airports beginning September
211 1989. The tentative commission date for the Georgetown Municipal
Airport is November 16, 1989.
The System consists of weather sensors, a processor, a computer-
generated voice subsystem, and a transmitter to broadcast local,
minute -by -minute weather data directly to the pilot, AWOS-3 reports
altimeter setting, wind data, temperature, dew point, density alti-
tude, visibility, and it 1. data. This information is trans-
mitted over a discrete radio frequency.
The installation, operation, and maintenance of the facility is 100%
funded by the FAA. However, the FAA requires that the City lease t*
the U. S. Government the airport property required for the facility.
the lease may be renewed, at the option of the Governmentt from year
to year, but not beyond September 30, 2004. Also, the Government does
not pay the City any monetary consideration for the leases.
Exhibits "A", "B", "C", and I'D" are available for review in the office
of the City Secretary.
The Staff recommends that the Council approve this Resolution. The
availability of continuous weather information will provide enhanced
safety and operational benefits to the Airport.
RMEtae E