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Home My WebLink About1997-06-23 97-286 RESOLVECOUNCIL ACTION Item No. 97-286 Date dune 23 1997 Item/Subject: Ratifying Execution of FAA Lease No. DTFA12-97-L- 15116 Precision Approach Path Indicator (PAP1) Runway 33 -- Bangor International Airport Responsible Department: Legal Earlier this month the City Manager executed a Lease between the City of Bangor Airport Department and the United States of America regarding Precision Approach Path Indicator (PAP1) Runway 33 at the Airport. The lease was executed in advance of formal City Council approval in order to meet project grant deadlines under the federal Airport Improvements Program. This lease provides for establishing electric power and/or telecommunications lines to Runway 33, together with other listed improvements in the lease. This Resolve would ratify the City Manager's action. Department Head Manager's Comments: t9440��,�/[/ CitManagery Associated Information: Resolve, Lease Finance Director Legal Approval: city solicitor Introduced For CONSENT AGENDA Passage First Reading Referral Page 1 of 9 Assigned to Councilor Tyler June 23, 1997 97-286 CITY OF BANGOR Ratifying Execution of FAA Lease No. DTFA12- (TITLE,)esaltre._......_....._.... ._....._..._...__.......... _........_..._......... _.._........._.._.._... 97-L-15116 Precision Approach Path Indicator (PAPT) Runway 33 __••8di1YJtlY"TIITETT[dTIOY[BT..A.L �,..._...._........................... ........... ..... .... ... _...... .. By tAs City Cgandl of W Ciq o/Bangor: RESOLVED, the action of Edward A. Barrett, City Manager, on June 5, 1997 in executing, on behalf of the City of Bangor and Bangor International Airport, PAA Lease No. DTFA12-97-L-15116 is hereby ratified. A Copy of the referenced lease is attached to this Resolve.' IN CITY COUNCIL June 23, 1997 Passed 9]-286 RESOLVE Ratifying Execution of FM Lease No. ETFA 12-97-L-15116 Fredision Approach Path Indicator (FAPI) annuay 33 - Bangor Inter- national Airport a YT� 97-286 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NEW ENGLAND REGION 12 NEW ENGLAND EXECUTIVE PARR BURLINGTON, MASSACHUSETTS 01803 LEASE NO: DTFA12-97-L-15116 FACILM: PRECISION APPROACH PATH INDICATOR (DAPI) RW 33 LOCATION: BANGOR INTERNATIONAL AIRPORT BANGOR, MAINE LEASE BETWEEN CITY AND THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this day of June in the year one thousand nine hundred and ninety seven, by and between TDE CITY OF BANGOR AIRPORT DEPARTtv1ENI, whose address is 297 Godfrey Boulevard, Bangor, ME 04401, for itselfand its heirs, executors, administrators, successors and assigns, hereinafter celled the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. For the term beginning 1997, and ending September 30, 1997, the Lessor hereby leases to the Government the property described in Exhibit A, and mother depicted on FAA Drawing Number NE -D-27305-100, attached hereto and made a part hereof a- Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establisldng and maintaining a pole he or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, Lease No. DTFA12-97-L-15116 - Page I 97-286 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 unless herein described otherwise, to be by routes reasonably determined to be the most convemant to the Government. b. And the right of grading conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstruction from the premises retch may constitute a hindrance to the establishment and maintenance of Government faalities. c. And the right to make alterations, attach futures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, Source, addific ns, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and maybe removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Govemment, or its grantees, or purchasers of said alterations, fixtures, additions, stNChres, or sign 2. 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 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 octanes, provided the no renewal thereof shall extend the period of occupancy of the premises beyond the Thirtieth Day of September 2012, and provided further that adequate appropriations are available Som 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 (30) days notice in writing to the Lessor. Said notice shall be computed commencing with the day after the date ofmailing. Said notice shall be sent by certified or registered mail. 4. Consideration. The Government shall pay the Lessor no monetary consideration in the form upraised, it bang mutually agreed that the rights Would to the Government herein are in consideration of the obligations assumed by the Government m its establishment, operation, and maintenance of facilities upon the premises hereby leased. 5. Non -Restoration. It is hereby agreed between the parties, that upon termination of its occupancy, 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 furtber 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. 6. Funding Responsibilities for Government Facilities. The Lessor agrees that arty relocation, replacement or modification of any existing or fumm Government facilities Lease No. DTFA12-97-L-15116 -Page 2 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 Government facifities will be at the expense of the Lessor, kept when such improvements or charges are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Govemmenn, funding responsibility shall be determined by the Government. ]. Inter{ ¢race with Government Operations. The Lessor agrees not to erect or allow to be erected any structure or obstruction ofwhatsoever 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 terms of this Lease unless consent hereto shall that be secured from the Government in writing. S. Hazardous Substance Contamination. The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate or have remediated, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities anchor claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 9. The Lessor grants to the Government the right to utilize any crusting power lines, control lines, conduits or other facilities of the Lessor which are adaptable to use in connection with the purpose of this covenant. 10. Quiet Enjoyment The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 11. Rights-of-way berein granted shall be assured to the Govemmertfs duly authorized agents, representatives, contractors and employees. 12. The Government shall have the right to wt 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. 13. Mends Not To Benefit. No member of or delegate to Congress, or resident commission", shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. Lease No. DTFA12-97-1-15116 - Page 3 9]-286 14. 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 annul this contract without liability or, in its dis anion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent Re. 15 Anti -Kickback. The Anti -Kickback Act of 1986 (41 U. S.C. 51-59)p1he Act), prohibits mr; person from (1) Providing or attempting to provide or ofkring to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the Called States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 16. 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 Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 USC. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their administrative remedies for resolving a contract dispute order the FAA Dispute Resolution System. Protests must 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 inaction which forms the basis of the protest. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. 17. Lessor's Successors. The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 18. Notices. All noticestcorrespondence 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 ): TO THE LESSOR: TO THE GOVERNMENT: City of Bangor Federal Aviation Administration Airport Department New England Region, ANE -56 280 Godfrey Boulevard 12 New England Executive Park Bangor, ME 04401 Burlington, MA 01803 Lease No. DTFA12-9]-L-15116 -Page 4 9J-286 IN WITNESS WHEREOF, the panties hereto have hereunto subscribed their names as of the date above written'. CITY OF BANGOR UNITED STATES OF AMERICA AIRPORT DEPARTItpIENT BY: 10 LALL, t BY: Walter C. Peer TITLE: 64� i arrtdI�M TITTa .E: Really Contrume Officer DATE: &_5-77 DATE: I, Erik M. Stmupfel certifythatlamthe City Solloitor oflhe City of Bangor, Maine (State, County, Municipality or other Public Authority) named in the foregoing agreement that Edward A Barrett who signed Lease No.DTFA12-97-1,45116onbehalfof the City of Bangor was then City Manna¢ r fsaid City of Bangor that said agreement was duly signed for and in behalf of said rimz of Rg ps.ra by authority of its governing body and is within the scope of its powers. VNr1' ✓�'l, KLWvuI/YRTf (Signature) (Corporate Seal) Lease No. DTFA12-97-L-15116 -Page 5 9I-286 RUNWAY 33 PRECISION APPROACH PATH INDICATOR (PAPI) THE LAND IN BANGOR, COUNTY OF PENOBSCOT, STATE OF MAINE, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MARKING THE INTERSECTION OF THE CENTERLINE AND THRESHOLD OF RUNWAY 33, PROCEED N 450 48' 00" W, 1518.00 FEET TO A POINT; THENCE PROCEED S 440 12 00" W,190.00 FEET TO A POINT MARKING THE POINT OF BEGINNING (P.O.B ); THENCE PROCEED S 44012'00'W, 120.0 FEET TO A POINT; THENCE PROCEED N 450 48' 00" W, 40.0 FEET TO A POINT; THENCE PROCEED N 440 12' 00" E, 120.0 FEET TO A POINT; THENCE PROCEED S 45048' 00" E, 40 0 FEET TO THE POINT MARKING THE POINT OF BEGINNING. SAID PLOT CONTAINS 4800 SQUARE FEET (0.11 ACRES) OF LAND, MORE OR LESS. ALL BEARINGS ARE TRUE BASED ON RUNWAY 1533 CENTERLINE N 45048' 00" W. ALL BEARINGS ARE TRUE TO THE NAD 83 COORDINATE SYSTEM, PROPERTY IS LOCATED ON BANGOR INTERNATIONAL AIRPORT WITHIN THE LIMITS OF THE CITY OF BANGOR MANE. w..m A14