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HomeMy WebLinkAbout1988-06-13 88-260 ORDER'.Date W613 HBI,` Item No. 88-280 Itemiubject Authorizing Execution of Lease Ag eement:. Bangor Inter- national Airport -.FAA Control Tower (Lease No..DTFA12-88-L-R1895) Responsible Department Legal Commentary: From 1972 until June 30 of this year the FAA has occupied the control tower at Bangor International Airport under a license 'granted by the City of Bangor. The FAA now has requested that the City enter into a Lease for the premises for a one-year term. The Lease will be automatically renewed on a0 e-year basis, unless terminated, until September 30; 2008.. " neFersm�rexese Manager's Comments: LUL' nit , WA lead _.'� f� cliJ -&w 0. Aa Associated Information Budget APProval: pg ,y�, _... " Fiva to Dne Legal Approval: - - e,ry so Feer Introduced For D Passage ❑ First Reading ❑Referral 5 Page_of_ 88-260 Introduced by Councilor England, June 13, 1988 CITY OF BANGOR QITIE.) llt/i�Ci Authorizing Execution of Lease Agreement: Bangor y.............. ...... __. ....... ........ International Airport - FAA Control Tower (Lease No. BTFA13-88-L-R1845) By the City Council of Ow City ofItanycr: ORDERED, THAT the City manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a Lease Agreement between the City of Bangor and the United States of America for the occupancy by the Federal Aviation Administration of the Control Tower and land appurtenant thereto, a copy of said Lease being on fileia the office of the City Clerk. IN CITY COUNCIL June 13, 1988 Bas ed d c cxxx 4NIN 88-260 ORDER Title, Aythoriging 8xecytion of Leaae AA;sevenC Bangor IntexnaHoval ASryort - PM Control Toren (Lease No. DTNA12-88-L-R1845). Introduced and filed by Councilmen 88-260 t ' UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NEW ENGLAND REGION 12 NEW ENGLAND EXECUTIVE PARK BURLINGTON, MASSACHUSETTS LEASE NO: DTFA12-88-1-81845 FACILITY: MALSR/ATCT LOCATION: BANGOR INTERNATIONAL AIRPORT, BANGOR, MAINE LEASE BETWEEN THE CITY OF BANGOR and THE UNITED STATES OF ANURICA THIS LEASE, made andentered into this day of - in the year one thousand and eighty-eight, by and between THE THE CITY OF BANGOR, whose address is City Hall, Bangor, Mine 04401 , for itself and its heirs, executors, administrators, successors and assigns, hereinafter called the Lessor, and ME UNITED STAIRS OF AHERICA, hereinafter called the Government. WITNE85ETH: 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 to the Government the property described in Exhibit A. attached hereto and made a part hereof, a. together with a right-of-way for ingress to and egress from the premises; a tight -of -way or rights-of-way for establishing and maintaining a pole line or pole lines for extending ending electric power and telecommunications facilities to the premises; and a right-cf-way for subsurface pow communication and water linea t the premises; all rights -Of -way to beover the said lands and adjoining lands of the Lessor, and unless herein described by, metes add bounds, to be by routes reasonably determined to be the most convenient to the GovernmeAt; b. ana the right of grading, conditioning, installing drainage facilities, snedigg thesoilof the premises. and removal Of all obstructions from the premises which may constitute ea hindrance to the establishment and to the maintenance of air navigation and telecommunications facilities; LEASE NUMBER DTPA12-88-L-R1845 - 2 c. and the right to make alterations. attach fixtures and erect additions, structures and signs in or upon the premises hereby leased, which alterations, fixtures, s addition structures and signs shall be and main the Property of the Governmentand may be removed upon the date of o expiration r termimt£on of this Lease, or within ninety (90) days thereafter, by or on behalf of the Government or itsgrantees r purchasers of said alterations, fixtures, additions, structures and sigus. 2. This Lease may, at the option of the Goverment, be renewed from year to year and otherwise upon the terms and conditions herein specified. the Goverment's option shall be deemed exercised and the Lease renewed each year for one (1) year unless the Government give 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 extend the period of occupancy of the premises beyond the Thirtieth Day of September 2008. 3. For and inconsideration of the benefit to the Bangor International Airport and the general public using same, the Lessor grants to the Gaver,ment all terms and conditions stated herein at no cast. 4. This Lease 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 t0 this Lease shall be resolved in accordance with this Article. a. As used her 'claim'ritten demand o assertion by on of the parties seeking as a legal right the payment Of moneadjustment or interpretation of Lease terms or other relief arising under or relating to this Lease. b. A voucher, invoice rrequest for payment that is not in dispute when submitted 1s not a claim lot the purposes of the Act. However, where such submission is subsequently not acted upon in arnable time or is disputed either as to liability or amount it may be converted to 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 MIIBER OTFA12-88-L-R1845 - 3 For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim ismade in goad faith. the supporting r data a rate, and complete to the best of the Lessor's knowledge and belief and thetrequested a r accurately reflects the contract adjustment for which the Lessorbeliev s the Government is liable. Thecertification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by aseniorompany official in charge Of the Lessor plant or location involved, or by an officer or general par of the Lessor having overall responsibility for the conduct of the Lessor's affairs. For Lessor claims of $50,000 or less, the Contracting Office at render a decision within 60 days. For Lessor claims in a of $50,00mo0, the Con r Contracting Office must decide the claim within 60 days 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. 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. The Government shall pay interest on the amount found due and unpaid from (1) thedatethe Contracting Officer receives the claim (properly certified if required), or (2) the dace payment otherwise would be due. if that date is later, until the date of payment. Simple interest on 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 receives the claim and then at the rate applicable for each six-month period as fixed by the Treasury Secretary during the pendency of the claim. Except as the parties my 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 sant by certified or registered mail. LgASE NGMBBR DTPAl2-88-IrA1845 - 4 ]. Me Gov t shall surrender pas ssion of the premises upon the date of expiration or expirationnrof this Lease. If the Lessor by written notice at least fifteen (15) days before the date of expiration or termination requests restoration 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 to the premises in accordance withrpparag 1.b. and I.e above,ordinary wear and tear, mage y m element and by circumstances which the Government has n control excepted) or (2) make an equitable adjustment in the lease amount for the cos[ of such restoration of the premises or the diminution Of the value of the premises if unrestored, whichever is legs. Should a mutantly acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. 8. do Member of Congress r 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 or secure this Lease upon an agreement o understanding for a commission, brokerage, percentage.or contingent fee, except bona fide employees or boom fide established commercial selling agencies maintained by the Lessor for the purpose of securing business. For breach o violation of this warranty, the Governmenshall have the right t0 annuthis Lease without liability Or, in its discretion, to deduct from a Otherwise due under this Lease O other consideration the full amount of such commission, brokerage, percentage or contingent fee. 10. The Lessor hereby warrants that it has acquired and possesses s an adequate real a right in the property described herein and that it Is authorized to grant to the Government the rights and interests get forth herein. 11. The Lessor grants to the Government the right to utilise any existing power lines, control lines, conduits or other facilities of the Lessor which are adaptable to use in connection with the purposes of this covenant.. LBASE NUMBER DTPA12-88-L-R1845 - 5 12. 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 neee ary by airort improvements or changes made o caused to be made by the Lessor which 3 the Government's opinion impair rinterrupt pt 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 Government based on the Goverment's cost estimates. In the event that the o actual c of relocation, replacement o modification ¢ eeda a lees than the Government's estimates, the Lea 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 Government on a case-by-case 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. This includes but is not limited to the engineering, site selection, procurement of equipment. construction, installation, testing, flight inspection and recommissioning of the facility. 13. The Lessor shall r any o all trees inclusive of brush and undergrowth from the tractsofland identified in Exhibit A (MACER R/W. 33) n the interest of maintaining the operational integrity of the existing and/or future facilities located thereon. 14. This Lease supersedes License No. DOT-EA69-EA5126 in its entirety. 15. All noticeaent 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 show occurs. TO THE LESSOR: TO THE GOVERNMENT: City of Bangor Federal Aviation Administration City Hall New England Region, ANE -55 Bangor, Maine 04401 12 New England Executive Park Burlington, MA 01803 LAASE NN108R DTFAI3-BB-L-A1845 - 6 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written: CITY OF BANCAA \ UNITED STATES OF AMERICA -- — Barbara J. Minkleln TITLE: City Manager—TITLE: Realty Contracting Officer DATE: 'Ij DATE: I Robert E. Miller certify that I am the City Solicitor of the city .of Bangor (State. Municipality or other Public Authority) named in the foregoing agreement; that Edward A. Barrett who signed Lease No. DTFA12-88-L-R1B45 on behalf of City of Bangor was then City Manager of said City of Bangor that said agreameat was Any signed for and in behalf of said City of Bangor by authority of its governing body and is within the scope of its powers. (Signaure) (Corporate Seal) EXHIBIT A License No. OTFA12-88-L-R1845 AIR TRABFIC CONTROL TOWER 'Starting at a point 65.20' N870 -12'E from the southwesterly 'corner of the RAPCON Building; thence 50.0' 5170 -OWE to a paint; thence 50.0' S730 -Oo'W to a Polar; thence 50.0' N110 -OO'W to a point; thence 50.0' NI30 -0018 to a point of beginning. The northerly boundary line is parallel to and 36' southerly from the southerly aide of the RAPCON Building." Bearings referred to are magnetic. MEM R/N 33 "Starting at a point 200.00 distance northeasterly at right angle - (11+40) on centerline Ruaway 33/15; thence 2,600.0' S 450 -35'-50"E to a point 200.0' distant northeasterly at right angle from station -(37+40) of the runway centerline extended; thence 400.0' 8 440 -24' -MW to a point 200.0' distant southwesterly At right angle from station -(37+40) of the runway centerline extended; thence 2600.0' N 450 -35'-50"W to a point '200.0' distant southwesterly at right angle from station -(I1+40) on centerline of runway; thence 400.0' N 440 -24'-101-E to point of beginning. All bearings are true." 11ALSR R/W 33 SITE PLOT "Starting at a point 383.0 feet distant southwesterly at right angle -(25+47) on centerline Runway 33/15; thence S 210-54'-30"W, 80.0 feet more r less to a point; thence N 680-05'-30'W, 50.0 feet more or less to a point on the right- of-way of Odlin Road; thence northerly on said right-of-way 80.0 feet more or less to a paint; thence S 680-05'-30"E feet more or less to the paint of beginning." All bearings are true.