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HomeMy WebLinkAbout74-87 RESOLUTIONRESOLUTION NO. 74-87 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH THE UNITED STATES OF AMERICA FOR OFFICE SPACE IN THE FLIGHT SERVICE STATION BUILDING AND THE OLD TERMINAL BUILDING AT THE FAYETTEVILLE MUNICI- PAL AIRPORT AND FOR PARKING SPACES AT THE AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a lease with the United States government for office space in the Flight Service Station Building and the Old Terminal Building at the Fayetteville Municipal Airport and for parking spaces at the airport. A copy of the lease authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. r.` • r fV �.. PASSED AND APPROVED this i,. ....r ST 'CO01' �..�S.9 lerk 6th day of r , . APPROVED October , 1987. By:iu. 41-,._} M yoy STANDARD FORM 2 :ksEaRUARY 1965 EDITION Gil1ERAL SERVICES AUM1m$TRATION FPR (41 QCR) ;_Ie W, DATE OF LEASE 0 'SEP 3; 7 U.S. GOVERNMENT MICROFILMED LEASE FOR REAL PROPERTY ...THIS LEASE,. made and -entered-into this date brand between LEASE NO DTFA07-88-L-01038 CITY OF FAYETTEVILLE, ARKANSAS whose address is P.O. Drawer F Fayetteville, Arkansas 72701 and when interest in the property hereinafter described is that of Owner. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: 10' WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Approximately 2,571 square feet of floor space in a free-standing masonry and brick building located at Drake Field Airport, Fayetteville, Arkansas, and otherwise known as the Flight Service Station Building, with said space being more particularly described in Article 9, attached hereto and made a part hereof; and - Approximately 525 square feet of office space in a free-standing masonry and brick building, otherwise known as the Old Terminal Building, located at Drake Field, Fayetteville, Arkansas, with said space being more particularly described in Article 9, attached hereto and made a part hereof. tobeusedfor Federal Aviation Administration's Flight Service Station (FSS) and Sector Field Office (SFO) 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 1, 1987 through September 30, 1988 and renewal rights as may be hereinafter set forth. 3. The Government shall pay die Lessor annual rent of $.2.L4.821a25 at the rate of f_5..455-.31 per ...Government Dural ural quarter in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Fayetteville P.O. Drawer F, Fayetteville, Arkansas 72701 , subject to termination wholly or in part thirty (30) 4. The Government may terminate this lease/at any time by giving at least days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. 1. This lease uuy be ttnewcil at elm uptiuu of IIIc Gu veiuiueut. fut then following minis and at iln full tin iug provided notice be given in g to the Lessor at least days before the end of the original lease terns or any renewall other terms and conditions of this lease shall remain the same during any renewal term. • aid-f;iive shall b. comp,.ecd commeneing with the day after the date of mailing. 2-106 (016) 9ZS-IZ► - O (661 : aiuo'at...JQ1[d ,umaaonoo •6•o a { rail„ r.,'Wo+ mna-lu 33Vsluo -- =•PPV) (ais.rwa.$) 0.nvwa4; T oeuuel n ab Siaawws • =10114.011,11.1 V LS S,$ lUNVLS • y ifirrawqDv .a r ao swag uwn SVSNVXHV 63TIIA3113AVd dO LII0 aossa) manus anoge 3119 aisp ayl )o se saursu nays pagpasgns o unsay ansy many saivad alp `303u3ad . SSIN.LIa NII •peppe y-2 waoa paepuegS LT aTOTgaw !ATaaTgua palaTaP 'V -Z DJOJ paepuegS 'TT aTOTlaV !ATaaTqua pagaTap 'Z Wood paepuegS 'S aioTlay !PaPPe owed uT JO LTTO4M, spaoM ayq 'Z maod paepuegS '}i aioTlaV :uonnaata nl m rood arras snp ui ;pito alas salustp &groifo) au, 'B a1e7TfT1sa0 aleaodao0 •o '£Z g2noay2 6 saToTlay •q '050MMpa .13L61" -Ai t- 'yq wro; pnponS) sua»n.moi pus suwsuwd Iwaua`ta :foams usd s apes pa p.gnus aas fuu.ofoi au.L 'C • •SSd ayq pus 2uTpITns TeuTwaay PTO ayq uaangaq saoeds aaayy •BuTPTTnq SSd ayq 3o apTs gran ayq uo pue oq quaoerpe saoeds uaaganod :snollo3 se sao'TsTA pue '80T330 PTaTd aogoas 'uoTgegs aoTnaas gyBTT. ayq le EuT)IaOM sao oTdma yyd 'saloTyaA pauno -guawuaanoo aoj saoeds Bun aed uaaquanas apTAoad ITeys aossa9 ayy :SuT)laed aq •ogaaay payoegge suoTsTnoad Teaeuao ayq 3o Z aToTlay pue 'Molaq 91 Poe 'LT '91 'ST saToT141, uT pagegs ATaeTnoTgaed aaom se saT1TTToe3 pue 'seoTeaes 'aoueuaquTew •e :9uirol(oi asp 'uomaapisuoa muga all 10 ind ss 9uawuaano9 ayes 01 gssuani hsps aossaq a.u, '9 • SPACE SCHEDULE: FSS Chief Pilot Briefing Operations Room Training Room Ready Room Storage Telco and Storage Storage Equipment Room AFS Storage & Maint Men's Toilet Women's Toilet Building Equip. Rm. Hall Areas SFO Chief Break Room Reception/File/Copy Total Lease No.: DTFA07-88-L-01038 Flight Service Station (FSS) Sector Field Office (SFO) Fayetteville, Arkansas SQ. FT. .RATE PSF 149 305 385 175 160 180 112 48 537 90 54 38 95 243 133 133 259, $7.25, $7.25 $7.25 $7.25 $7.25 $7.25 $4.80 Ca4.80 r $7.25 $7.25 $7.25 $7.25 $4.80 $7.25 $7.25 $7.25 $7.25 ANNUAL COST $ 1,080.25 2,211.25 2,791.25 1,268.75 1,160.00 1,305.00 537.60 230.40 3,893.25 652.50 391.50 275.50 456.00 1,761.75 964.25 964.25 1,877.75 3,096 $21,821.25 10. RENEWAL OPTION: Tbis 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 exercisedand 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 the 30th day of September 1992; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. - 11. OFFICIALS NOT TO BENEFIT: No Member of or Delegate to Congresa,-or Resident Commissioner shall be admitted to any share or part of thislease, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease if made with a. oorporation for its general benefit. F r� Lease No.: DTFAO7-88-L-01038 Flight Service Station (FSS) Sector Field Office (SFO) Fayetteville, Arkansas 12. DISPUTES: a. This lease id subject to the Contract Disputes Act of 1978 (Public Law 95-563). b. Except as provided in the Aet, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. o. (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 1n subject to a decision by 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 individual, 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 must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must 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. PPP • MWM=MaIwaEri1• Lease No.: DTFA07-88-L-01038 Flight Service Station (FSS) Sector Field Office (SFO) Fayetteville, Arkansas 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 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 Offioer until the date of payment. Interest on the amount found due on a Government olaim 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 (l0%) 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 prooeed diligently with the performance of the lease and its terms in a000rdanoe with the Contracting Officer's decision. 13. LESSOR WARRANTY: 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 fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breath or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its dieoretion to deduct from amounts otherwise due under this lease or other consideration, the full amount of snob commission, brokerage, percentage, or contingent fee. 14. FUNDING RESPONSIBILITY CLASSI -.II FACILITIES: 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 Government. 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. Lease No.: DTFA07-88-L-01038 Flight Service Station (FSS) Sector Field Office (SFO) Fayetteville, Arkansas CLASS I FACILITIES 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 VOR's, TVOR's, and•VORTAC's (Instrument Approach) Weather Observing and Measuring Equip. (Owned and operated by FAA) Central Standby Powerplants CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Remote Control Air -Ground Communication Facility VOR and VORTAC (en route only) Flight Service Stations Remote Communications Outlet Limited Remote Communications Outlet Other En Route Facilities 15. INTERIOR PAINTING LEASED PREMISES: The Lessor shall repaint the interior of the leased premises not less than once every three years of Government occupancy under this lease or any renewal thereof. 16. HEATING,_AIR-CONDITIONING, AND MECHANICAL VENTILATION: The Lessor will furnish and maintain heating, air-conditioning, and ventilation systems capable of maintaining temperatures inside the leased premises in a range from a low of 65 degrees F. during the heating season to a high of 80 degrees F. at all other times. 17. PLUMBING AND SEWAGE. SYSTEM: The Lessor will furnish and maintain reliable, operable, and safe plumbing and sewer facilities for the leased premises. This includes, but is not limited to, electrically operated chilled water drinking fountain, hot and cold waterlines, hot water heat, waste lines, drains, sewer lines, vents, andany other related appurtenances. 18. BUILDING ELECTRICAL EQUIPMENT: The Lessor will furnish and maintain the building electrical facilities and fixtures in a satisfactory condition. This includes, but is not limited to, main power service facilities, meter panel, branoh circuits, light fixtures, wall switches, and reoeptaoles. All equipment furnished by the Governmentwill be maintained by the Government. I se Lease No.: DTFA07-88-L-01038 Flight Service Station (ESS) Sector Field Office (SFO) Fayetteville, Arkansas 19. UTILITIES AND SERVICES: The Government shall, at its own expense, contract for and shall pay all utilities and services to the leased premises. This includes, but is not limited to, water, natural gas, sanitary sewer, electricity, and telephone. The Government shall also provide all replacement of light bulbs and tubes. - 20. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS: The Lesaor 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 reaaonable effort to eliminate the cause of such interference. 21. NON -RESTORATION: The Government shall have no obligation to restore and/or rehabilitate, 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 ita tenure. Notice of abandonment will be conveyed to the Lessor in writing. 22. INSTALLATION OF ANTENNAS, POWER CABLES, CONTROL CABLES, AND OTHER APPURTENANCES: The Government shall have the right and privilege to install, 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, operate, and maintain necessary connecting cables and wiring, where needed, 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 completed. The Government shall have the right to install, operate, and maintain such cables, conduit, 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. 23. INTEREST ON OVERDUE PAYMENTS: a. The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801) is applicable to payments under this lease and requires the payment to Lessors of interest on overdue payments and improperly taken discounts. b. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125. GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS U.S. Government Lease for Real Property GENERAL 1. SvuIBrttNo 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, fixtru4s, and ap- purtenances, furnished by the Lessor ander this lease m good repair and tenantable condition, except in cane of damage arising from the act or the negligence of the Gov- ernment's agents or employee& For the purpose of so main- taining 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. If 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- eatable, 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 to the said premises shall be and remain the property of the Government and 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. 6. COVENANT AGAINST CONTINGENT FEES. 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, percent- age,brokerage, or contingent fee, excepting bona fide em- ploees 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- erty for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona 8de 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 1 Lease No. DTFA07-88-L-01038 PROVISIONS FSS/SFO, Fayetteville, Arkansas contract, or to any benefit that may arise 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. 208, 41 U.S.C. 15), if this lease provides for payments aggregating $1,000 or more, claims for monies due or to become' due 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) The Contractor will not discriminate against any em- ployee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative 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 be 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 conaideration for employment without regard to race, color, religion, sex, or national origin. (e) 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, and 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 Salem Administration—FR (41 CFR) 1-16.601 May 1920 Edition 2-207 • agency and the Secretary of Labor for purposes of instiga- tion to ascertain compliance with suck rules, regulations, and orders. (f) la the scent of tbs Contractor's naecenplianca with the Equal Opportunity clause of this contract or with any of the said rola, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in par , and the Contractor may be declared ineligible for further Government contracts in accordance with procedure author- ised uthorised in Executive Order Na 11246 of September 14, 1966, and such other sanetioa may be imposed and remedies in- voked as provided in Executive Order Na 11246 of Septem- ber 24, 1966, or by rule, regulation, or order of the Secretary of tabor, oras otherwise provided by law. (g) The Contractor will include the provisions of para- graphs a) through (g) is every subcontract or purchase order urns exempted by rules, regulations, or orders of the Secretary of Labor laud pursuant to section 204 of Execu- tive Order No.11244 of September ?A, 1946, a that suck pro- visions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sob - contract or purchase order u the contracting agency may direct as a means ofenforcing p eau, including sanctions for noncompliance: liance: Pr d,Mawvar, That in the event the Contractor becontes involved is., 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 State. 10. FACILITIES NONDncmaNATION. (a) As used in this section, the term 'facility' means stores, shops, restaurants, cafeterias, restraoms, and any other facility of a public nature be the building in width the space covered by this leas is located. (b) The Lessor agrees that be will not discriminate by segregation or otherwise against any person or puns be- cause of ma, color, religion, an, or national oriel* in furnishing, or by refusing to furnish, to such parson or pis the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing the herein shall the furnishingto tui 'real the public of the use of anyfacility customarily3n hedtbiymtls Lessor solely to tenants, their employee, customers, patients, clients, guests and invitees. (c) .It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breath of this lease. In the event of such noncompliaoee, the Gov- ernment may take appropriate action to enforte compliance, may terminate this lease, or may pursue such other remedies u may be provided by law In the event of termination, the Lessor shall be liable for all excess costa of the Government in acquiring substitute space, including but not limited to the cost of moving to such apace. Substitute space shall be obtained in as cleee proximity to the Lessor's building as is feasible and moving ooeta will In 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 agrwment is to be entered into or a concession is to be permitted to errata 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 operate or has the right to operate any facility. Nothing herein con- tained, however, shah be deemed to require the Lessor to indude or require the inclusion of the foregoing provisions of • • • this section in any existing agreement or esaae.dbn asraoogg►► meat or one la which the contacting party other than.tbe Lessor has the unilateral right to renew or extend the agree- ment greement or arrangement, until the expiration of the misting 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 as a means of enforcing the intent o1 this section, including, but not limited to, termination of the agreement or aeration and inWtutian of court action. 12. E..av,..lm,n,sRamaa. tad without a�.) applicable if this lease (a) The Lasa that United Stn uuntil nder this directly the min tracts rep aftor er have to and the nght to eram`ne any directly past boo documents, paper, and records of such subcontractor • Sag tr---vets Sorel is tis sukurrest States or daily an of the updndea datives payant lease, have texas of right examen any pertintor agrees ent boots. , • pa and records of bed to this /a Lessor to include in all sober - to a p , to the edict that the subcentrao- flat ptrollar General of the United States tive stall, until the expirstice of 6 years ymeut under this lease with tbs Government, 11 AMICABLE Cones AND Onommeta agrees es part of the rental hill codes and ordinances applicable the own- enbtp and operation of the building in which the lased wee is situated and, at his own expense, to obtain all necessary permits and related items. 13. INarecnon. At all time after receipt of Bids, prior to or after accept- ance of any Bid or dy construction, remodeling or renovation work, the and the building or any parts tereof1 upon reason* and proper notice, shall be accasi- far tnsPeetion by the Contracting Meer, gor by architects, engineers, to deter - w retie her � essential ruuireesn.nLnof the�licittation or the leas requirements ars met 14. ECONOMY Act LIMITATION. If the rental specified in this lease exceeds $2,000 per 12 annum, amenthe ded (40 U.S.on of C. 273a), shall apply. Act s.1 16. FAILURE IN PENFORNIANOL In the event of failure by the Leer to provide any service, utility, maintenance or repair required under this we, the Government shall have the right to secure said service, utilities, maintenance or repairs and to deduct the cost thereof from rental payments. _• 16. Luasoa's Succsseana The terms and provision of this lee and the rendition herein shall bind the Leser, and the Lessor's heirs, executors, administrators, successors, and assigns. CERTIFICATION By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or pro- vide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities ars maintained. lie cutlass fur - 1. CERTIFICATION OF NONSEGREGATED FACILITIES. (Applicable to (1) contracts, (2) subcontracts and (9) agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) 2 se..e.ee Fere s -A Mw lets Rana ._.Aker that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, oferor'.applicant, or subcon- tractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in thiiieontract As used in this certification, the term "segregated facilities' means any waiting rooms, work areas, rent rooms and wash moms, res- taurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking foun- tains, recreation or entertainment areas, transportation, and housing facilities provided for employeeswhich are segre- gated by explicit directive or are in fsegregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtainedidenticalcertifications from proposed tical subcontractors certiflcationssfromctime propo� subhe will ob- contractors NOTE.—The penalty for making false ata prior to the award of subcontracts exceeding E10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his filen; and that he will forward the following notice to such pro- posed subcontractors (except where the proposed subcon- tractors have submitted identical certifications for specific time 'periods) : NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOB CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be sub- mitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Oppor- tunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).. NarE The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. temente in off en 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 partnership, the names of the partners composing the Ann shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 9. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature 3 and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government 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. a U.S. GOVERNMENT PRINTING OFFICE 1983 0 - 381-526 (8245) Standard Form 1-A ass IRO Edition • Attachment 'to SF 2-A - General Provisions 17. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL Lease No. DTFA07-88-L-01038 SF0/FSS Fayetteville, Arkansas (a) This clause is applicable if the amount of this lease exceeds $10,000 and vas entered into by means of negotiation, including small business restricted advertising, but is not applicable if this lease Was entered into by means of formal advertising. (b) The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this lease or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the.:Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transactions related to this lease. (c) The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (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 access and examination described in (b) and (c), above, for records which relate to (1) appeals under the "Disputes" clause of this lease, (2) litigation or the settlement of claims arising out of the performance of this lease, or (3) costs and expenses of this lease as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. Lease No.: DTFA07-88-L-01038 Flight Service Station (FSS) Sector Field Office (SFO) Fayetteville, Arkansas CORPORATE CERTIFICATE 1, James N. McCord , certify that I am the City Attorney of the Corporation named in the foregoing agreement, that Marilyn Johnson, who signed said agreement on behalf of said corporation, was then Mayor 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 20th day of October Signed CORPORATE SEAL 19. 87 .