HomeMy WebLinkAbout1988-03-14 88-148 ORDER88-148
Introduced by Councilor Blanchette, March 14, 1988
CITY OF BANGOR
(TITLE.) VViljjfi Authorizing execution of Lease Agreement with United
States of America: Bangor International Airport - Remote
Transmitter and Receiver
By the Cal causal row MY OfJ%za or:
ORDER u,
THAT the City Manager is hereby authorized and directed,
on behalf of the City of Bangor, to execute a Lease Agreement, a
copy of which is on file in the Office of the City Clerk, with
the United States of America providing for the lease of certain
premises described therein at Bangor International Airport for
a remote transmitter and receiver.
'..I 88-148
0 R D I R
In City Council March 14,199&
-Y Title. ,88
MAR 10 P3.27
A.ExwtiooLease.t
..................................... prTIC(tyCe8a with Uitsstates oaicBngor int. CSIEY
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i Airport Rerote tran®nitter a.d receiver
Introduced and filed by
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Cuuncllmen
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UNITED STATES DEPARTMENT OF TRANSPORTATION
1 FEDERAL AVIATION ADMINISTRATION
NEW ENGLAND REGION-
, J2: NEW ENGLAND EXECUTIVE.PARR
BURLINGTON. MASSACHUSETTS
LEASE No: DTFA12-88-L-RI833
FACILITY: REMOTE TRANSMITTER AND RECEIVER
LOCATION: BANGOR INTERNATIONAL AIRPORT
LEASE BETWEEN
THE CITY OF BANGOR
and
THE DNITED.STATES OF AMERICA
THIS LEASE, made and entered Into. this lay Of in
the year one thousand and eighty-eight: Ly.and between THE CITY OF BANGOR,
whose address is City Nall, Norman, Maine_ 06601 , for itself and its
heirs. executors: administrators, Successors
and assigns, hereinafter
called the Lessor, and ME UNITED STATES OFANERICA, hereinafter called the
Goverment.
WITNESSETH: The parties hereto for the. consideration hereinafter mentioned
covenant and agree as follows:
1. For the term beginning on July 1. 1988. and ending on September 30.
1989, the Lessor hereby leases Co the Government the property described in
Exhibit A, attached hereto and made a pact hereof,
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 maintaining
a pole line or pole lines for extending electric power and
telecommunications facilitiesto the premises; and a 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 of the lessor,
and unless herein described by metes and bounds, to be by routes reasonably
determined to be the most convenient to the Government'
b. and the right of grading, conditioning. installing drainage
facilities, seeding the sail of the premises, and removal of all
obstructions from the premises which may constitute a hindrance to the
establishment and to the maintenance of air navigation and -
telecommunications facilities)
LEASE NUMBER DTPA12-88-L-81053 - 2
c. and the right to make alterations, attach fixtures
and erect
additions, structures and signs in o upon the premises hereby leased,
which alterations, fixtures. additions, structures and signs shall be and
main the property of the Government
and may be removed upon the date of
expiration or termination 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 and signs.
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
Govroption 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
wal thereof expires; provided that n renewal thereof shall
extend the period of occupancy of the premises beyond the Thirtieth Day of
September 2008, and provided further that adequate appropriations are
available from year to .year for the payment of rentals.
3. For and in consideration of the benefit to the and the general public
using same, the Lessor grants t0 the Government all terms and conditions
stated herein at no coat.
6. This Leese is subject to the Contract Disputes Act of 1978 (Public Law
95-563).
Except as provided in the Act, all disputes arising under or relating to
this Lease shall be resolved in accordance with this Article.
a. As used herein. 'claim" written demand o ertfon by o
of the parties seeking a a legal right the payment of money, adjustment or
interpretation of Lease terms or other relief arising under or relating t
this Lease.
b. A voucher, invoice, orrequest for payment that is not In dispute
when submitted is n claim far the purposes of the Act. However, where
such submission is subsequently not acted upon in arnable time Cr is
disputed either as to liability or amount, it may be converted t0 a claim
pursuant to the Act.
c. A claim by the Lessor shall be made in writing and submitted to the
Contracting Officer for a decision. A claim by the Government against the
Lessor shall be subject to a decision by the Contracting Officer.
LEASE MDIDER DTFA12-88-L-R1853 - 3
For Lessor Claims of more than $50.000, the Lessor shall submit with the
,. claim. acertification that the claim is made in good faith, the supporting
data are
trate. and complete to the best of the Lessor's knowledge and
belief andthe amount requested accurately reflects the contract adlustment
for which the Lessor believes the Government is liable. The certification
shall be executed by the Lessor if an Individual. Glen the Lessor is not
n Individual. the certification shall be executed bye senior company
official in charge of the Lessor plant or location involved, or by an
officer or general partner of the Lessor having o erall responsibility for
the conduct of the Lessor's affairs.
For Lessor claims of $50,000 or less, the Contracting Officer must render a
decision within 60 days. For Lessor claims 1n axof $50,000. the
Contracting Officer must decide the claim within 60sdays or notify the
Lessor of the date when the decision will be made.
The Contracting Officer's decision shall be final unless the Lessor appeals
or files suit as provided in the Act.
Me 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.
Me Goverment shall pay interest on the sooner: fauna due and unpaid from
(1) the date the Contracting Officer receives the claim (properly certified
if required), or (2) the date payment otherwise would be due, if that date
3a latr, until the date of payment_ Simple interest o claims shall be
.paid at the rate. fixed by the Secretary of the Treasury as provided in the
Act, which is applicable to the period during which the Contracting officer
teivea the claim and then at the rate applicable for each six-month
period as fixed by the Treasury Secretary during the pendencyof the claim.
Except as the parties may otherwise agree, pending final resolution of a
claim by the Lessor arising under this Lease, the Lessor shall proceed
diligently with the performance of the Lease and its terms in accordance
with the Contracting Officer's decision.
5. Rights-of-way herein granted shall be assured to the Government's duly
authorized agents, representatives, contractors and employees.
6. The Government
may terminate this Lease in whole or in part at any time
by giving at least (30) days notice in writing to the Lessor. Said notice
shall be sent by certified or registered mail.
LUSE NUMBER DTFA12-88-LR1853 - 6
I. The Government shall aurender possession of the premises upon the date
r
of expiration terminationof this Lease. If the Lessor by written
notice at least fifteen (15) days before the date of expiration or
termination requests re atlon of the premises. the Government at Its
option shall within ninety (90) days after such expiration or termination,
or within such additional time as may be mutually agreed upon. either (1)
restore the premises to as good condition as that existing at the time of
the Government's Initial entry upon the premises under this Lease or any
preceding leasa (changes the premises in accordance with paragraph I.e..
1.b. and I.e. above. ordinary rear and tear, damage by nature's element and
by circumstances over which the Government has n antral excepted) or (2)
'make an equitable adjustment in the lease amount for the coat of such
restoration of the premises or the diminution of the value of the premises
if unrestored. whichever is less. Should a mutually acceptable settlement
be made hereunder, the parties shall enter into a supplemental agreement
hereto effecting such agreement.
8. No Member of Congress or Resident Commissioner shall be admitted to any
share or part of this Lease or to any benefit to arise therefrom.
9. The Lessor
ants that no per selling agency has been employed
or retained to solicit o e this Lease upon agreement
understanding fora commission, brokerage, percentage or contingent fee,
except bona fide employees or bona fide established commercial o 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 o , 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.
10. The Lessor hereby warrants that it has acquired and possesses an
adequate real estate
right in the property described herein and that it is
authorised to grant to the Government the rights and interests set forth
herein.
11_. The Lessor agrees to bear all cost associated with the relocation,
replacement or modification of the Government's facility constructed on the
leased premises when it is made accessary by airport improvements o
changes made o sed to be madebythe Lessor which In the Government's
opinion impair or interrupt the technical and/or operational
characteristics of the facility. The payment of such relocation,
replacement or modification cost shall be made by the Lessor to the
Goverment based on the Government's cost estimates. In the event that the
actual costs of relocation, replacement or modification exceed or are less
LEASE NUMBER DTFA12-88-L-R1853 - 5
than the Gover ent's estimates, the Lessor shall pay only the actual
costs. When relocations, replacements or modifications are necessary due
to causes not attributable to either party, funding responsibility Shall be
determined by the Goverment on a case-by-tase basis. The conditions
herein stated do not preclude the Lessor from applying for assistance under
the Airport Improvement Program.
The Government shall have the exclusive right to determine how all the
facets of the relocation of a Government facility will be accomplished.
Thin includes Let Is not limited to the engineering.- site Selection.
procurement of equipment, construction, installation, testing, flight
inspection and recommissioning of the facility.
12. The Lessor grants to the Government the right to Ut1112e any existing
power lines, control lines, conduits or other facilities of the Lessor
which areadaptable to use in connection with the purposes of this
covenant
13. This Lease supersedes License No. DM-FA69EA-5127 in its entirety.
14. All notices sent to the parties under this Lease shall be addressed a
written below. Written notice will be submitted to the other party when a
change in that shown occurs:
TO THE LESSOR: TO THE GOVERESIENT
The City of Bangor Federal Aviation Administration
City gall New England Region, ANE -55
Bangor, ME 04401 - 12 New England Executive Park
Burlington, NA 01803
IN WITNESS WHEREOF. the parties hereto have hereunto subscribed their names
as of the date first above Written:
CITY OF BANGOR, MAINE UNITED STATES OF AMERICA
BY: BY:
Walter C. Peer
TITLE: TITLE: Realty Contracting Officer
DATE: DATE:
LEASE N@ffiER DTFA1 i -88-L-81853 - 6
certify that L am the
of the
(State. Municipality or other Public Authority)
named in the foregoing agreement; that
who signed Lease No. on behalf of
was then of said
that said agreement was duly signed for and in behalf of said
by authority of Its governing body
and is within the scope of its powers.
(Signature) (Corporate Seal)
MIBIT "A•
Radio Transmitter Site
'Starting at a point 467.63 N160 17' 711N of concrete bound #53;
thence 260.0' N56 00'W to a point;
thence 270.0' N340 00'B to a point
thence 260.0' S560 001E to a point;
-
thence 270.0' S340 001N to the point of beginning." All bearings
are true.