Loading...
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 'CCLLAARN..D R x i Airport Rerote tran®nitter a.d receiver Introduced and filed by �..a:.� ..... Cuuncllmen mm 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.