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HomeMy WebLinkAboutRES 890319 - 2 Lease Agmt AWOS AirportRESOLUTION 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 - •• fa 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