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HomeMy WebLinkAbout1998-05-27 98-221 RESOLVECOUNCIL ACTION Item No. 98-231 Date May 27. 1998 Item/Subject: Resolve, Ratifying Execution of FAA Lease No. DTFA12- 98-L-15232 Centerfield Wind (CFWIND) -- Bangor International Airport Responsible Department: Legal Commentary: Last month the Airport Director executed a lease between the City of Bangor and the United States of America regarding the Centerfield Wind site at the Airport. The lease was executed in advance of formal City Council approval in order to meet project grant deadlines. This lease provides for establishing electric power and/or telecommunications lines to the Centerfield Wind Site Plot, a 20' x 50' parcel, as described in an attachment to the Lease, together with Other listed improvements in the lease. The Airport Committee approved execution of this lease at their meeting of April 21, 1998 (item Ae in the Committee's minutes). This Resolve would ratify the Airport Director's action• Depart- LtHead Manager's Comments: City -LManager CGtLC �� City mger Associated Information: Resolve, Lease Budget Approval: Finance Director Ci�So� itpr Introduced For CONSENT AGENDA x Passage First Reading Referral Page of 98-221 Assigned to Councilor Rohnan May 27, 1998 CITY OF BANGOR (TITLE.) ReSVIbB.. Ratifying Execution of PAA Lease No. DTFA12- 98-L-15232 Centerfield Wind (CFWIND) -- . Bangor. International Airport By the City County ohne GW ofBanor: BBBCLVBD, the action of Bob W. Ziegelaar, Airport Director, on April 28, 1998 in executing on behalf of the City of Bangor, FAA Lease No. DTFA12-98-L-15232 is hereby ratified and confirmed. A copy of the referenced lease is attached to this Resolve. IN CITY COUNCIL 98-221 May 27, 1998 E E 5 0 L V E Passed Hatifyine Execution of FAA LeasC No. CI CLEItR DTPA12-98-L-15232 Centerfleld Wind. (CFWINO) - Bangor International Airport V 98-221 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NEW ENGLAND REGION 12 NEW ENGLAND E%ECUTNE PARK BURLINGTON, MASSACHUSETTS 01803 LEASE NO: DTFA12-9&L15232 )FACILITY: CENTERFIELD WIND(CFWIND) LOCATION: BANGOR RVTERNATIONAL AIRPORT BANGOR, MAINE LEASE BETWEEN :1 a vi THIS LEASE, made and ordered into this day of in the year one thousand nine hundred and ninety seven, by and between THE CITY OF BANGOR. whose address is City Hall, Bangor, Maine 04401, £m itself and its heirs, executors, administrators, successors and assigns, hereinafter called the Lason and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: ITe parties hereto for the consideration hereinafter mentioned, covenant and wee as follows: �9g✓r� 1.For the term the Dove September1, 1998,oerty and ending September twhed98,the Lessor hereby leases to the Government the property described in Exhibit A attached hereto and made a pan hereof. (a) Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-ofway for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and undess herein described otherwise, to be by routes reasonably determined to be the most corrvement to the Government. 98-221 (b) Md the right of grading, conditioning, and installing drainage facifities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facI ies. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which altermions, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or temdnation of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or sips. 2. This Lease may, at the option of the Government, be renewed from year to yen and otherwise upon the terms and conditions herein specified. The Government's option 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 thereof shall =Md the period of occupancy of the premises beyond the Thirtieth Day of September 2018 AIND PROVD)ED FURTHER that adequate appropriations we available from year to year for the payment of rentals. 3. The Government may terminate this Lease, in whole or in part, at any time by giving at least Thirty Days (30) days notice in writing to the Lessor. Said notice shall be computed commencing with the day after the date ofmading. Said notice shall be sem by certified or registered mail. 9. Consideration. The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights expanded to the Government herein are in consideration of the obligation assumed by the Govemmem in its establishment, operation, and maintenance offaudities upon the premises hereby leased. 5. The Lessor hereby warrants that it has acquired and possesses an adequate real estate right in the property described herein and that it is authorized to grant to the Government the rights and interest set forth herein b. Non -Restoration. It is hereby agreed between the parties, that upon rumination of its occupancy, the Government shall have no obligation to restore and/or rebabi itate, either wholly or partially, the property which is the subject matter ofthis 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 tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 7. Funding Responsibilities for Government Facilities. The Lessor agrees that any relocation, replacement or modification of any existing or future Government facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Lease No DTFA12-98-L-15232 Page 2 98-221 Govenuaem facilities wnl be at the reponse of the Lessor, except when men improvements or changes are made at the written request of the Government In the event such relocation's, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, fulling responsibility shall be determined by the Government. S. Interference with Government Operations. The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terns of this Lease unless consent hereto shall fast be secured from the Government in writing. 9. Hamrdous Substance Contamination. The Government agrees to remediate, at its sole con, ah hazardous substance contamination on the lesson premises that is found to have occurred as a direct result ofthe installation, operation, and/or maintenance ofthe Government's facilities. The Lessor agrees to remediate or have remediated, at its sole cost, any and all other hazardous substance comamiriam n found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leaved premises not directly attributable to the installation, operation and/or maintenance of the GOvemmenPs facilities. 10. The Lessor grants to the Government the right to house any existing power lines, control lines, conduits or other facilities of the Lessor which are adaptable to use in connection with the purpose of this covenant. ll. Bights -of --way herein granted shall be assured to the Government's duly authorized agents, representatives, contractors and employees. 12. Ifthe Lessor sells or otherwise conveys to another patty any interest in the land or any portion of the land which is affected by this Lease (including the site, right-of-way thereto and any contained in this Lease), it should immediately advise the Government of the date of the transfer and of the address of the new owner or of the new owner's representative. TheGovernment's rights hereunder shall not be affected by any such sale or conveyance. 13. The Government shall have the right to cut existing paved taxi way to install power conduits. Said area to be cut for conduit and cable installation will be repaired by the Government to the condition which existed immediately prior to the installation. 14. Officials Not To Benefit. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising Rom it. However, this clause does not apply to this contract to the anent that this contract is made with a corporation for the corporation's general benefit. Leasable. DTFA12-98-LI5232 Pam 3 98-221 15. Covenant Against Contingent Fees. The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to sound this contract without liability or, in its discretion, to deduct fiom the contract price or consideration, or otherwise recover the fun amount of the contingent fee. 16. Anti -Kickback. The Ami -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), probibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to swept any kickback or (3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract once charged by a subcontractor to a prime Contractor or higher net subcontractor. 19. Protest and Disputes. All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Adrwdstraton (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a fol agency decision only alter a contractor or offeror has exhausted thein administrative remedies for resolving a warrant dispute under the FAA Dispute Resolution System. Protests mus[ be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, of the agency action or notation which forms the basis of the protest. hnfomtation relating to sabmbling a protest or dispute will be provided by the Contracting Officer, upon request. 18. Assignment of Claim - Pursuant to the Assignment of Claims Act, as amended, 3l USC 3727. 41 USC 15, the Lessor may ensign his rights to be paid under this lease. 19. Examination of Records -The Comptroller General of the United States, the Administrator of the FAA or a dully authorized representative from either sball, mil 3 years after final payment under ins contract have access to and the right to examine any of the Contractor's three* pertinent books, documents, paper or other records involving this transaction related to this contact. 20. Lessor's Successors. The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, exwutors, administrators, successors, and assigns. 21. This Leese supersedes Lease No. DOT-FA78N 1102 in its entirety. 22. Notices. All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): Lease No. DTFA12-99-L-15232 Page 4 TO THE LESSOR: TO THE GOVERNMENT The City of Bangor Federal Aviation Administration City Hall New England Region, ANE -56 Bangor, Maine 04401 12 New England Executive Park Burlington, MA 01803 IN WITNESS WHEREOF, the patties hereto have hereunto subscribed their names as of the date above written: THE CITY OF BANGOR BY: 1 v TITLE:eQ 2PG'pi D32EC7c¢ DATE Nati-` Y035311"KfY_*0311001MI fall BY: Larry Robinson TITLE: Realry Contacting Officer DATE: Lease No DTFA12-9&L15232 Page 5 L Erik M. Stump£el certify that I am the City Solicitor of the City Of B n4 (State, County, Municipality or other Public Authority) named in the foregoing aro ment, that Bob W Zieeelaar who signed Lease No. DIFA12-98-L-15232 on behalf of j.,, f nn gnv was then Airport Director fsaid Cit of Bangor that said agreement was duly signed for and in behalf of said Cyy .,a e=rgo- by authority of its governing body and is within the scope of its powers. (Signature) (Corporate Seal) Leasable, DTFA12-98-L-15232 Paee 6 90-221 EX U -A From a point marlang the intersection of the threshold and centerline of Runway 33, procced N45° -35' -50"W, 5690.0 felt to a pointy, thence procced N44° -24' -10"E, 670d fee[ to a point; said being the point ofbegirming; thence proceed N45° -35' -50"W, 20.0 fee to a point; thence proceed N44° -24' -10"E, 50.0 feet to a pomp thence proceed 545° -35' -50"E, 20,0 feet to a point, thence proceed W -24" -10"W, 50.0 feet to a point, said point being the point of beginning. Said parcel contains 0 024 acres of land more or less. All bearing are tme bearings base on Runway 15-33 centerline N450 -35"-50"W