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HomeMy WebLinkAbout1988-08-08 88-349 ORDERDate 8-8-88 ., V, ., Item No. 88-369 ORDER-Audborizing City Manager to Execute a Lease with the Federal Aviation Administration for Purpoces of Erecting Item/Subject: An Antenre Adjacent W the AutOnated Flight Service Station Building at the B.I.A. Responeible Department: City Mareger Commentary: the FPA has requested this lease w allow them W erect an 90' anteMa tower adjacent to the Avtrnatsd Flight Service Statim at Barger Interratimal Airport for purposes of improving their communications. This is in injunction with other ramvnicstims improvements that the FAA periodically undertakes. No fins are involved on the part of either party to the lease. Since Nisis non conjunctiwith an existing facility at the Airport, we would recrnmeMthat this Order he adopted and the lease agreement be executed. »ryerrm rarer. \/ Manager's Comment: City Mowger Associated Information: Order Attached Budget Approval: N/A fwnce legal Approval: n gordmr Inn used For ©pmmge 0 First Reading Face — of EJ Refund Refund 88-369 Azwive bCouncilor Sullivan. August 8, 1988 *N1 CITY OF BANGOR (TITLE.) Mrbei--_-- _ Authorizing City Manager to Execute a Lease with the -Federal"-Avlatl0n't 3nirastration-foxPnl s -of -erecting -- An Antenna Adjacent to the Autanatel Flight Service Station Building at the B.I.A. Dg ms CttM cbmsma dithe curof8na0nr. TUT MEREAS, the Federal Aviation Pduini5tration currently Operates an Automated Flight Service Statim at the Bauer International Airport; and N1R.RF.AS, the FAA desires to unlertake the construction of a 90` anteruha to inQmve their conagaications; and 4 PEAS, such iapmvanelt is deenN to be in the best interest of Bangor International Airport anI residents of the City of Bangor; NQV, 1178FSFOI�, BB IT � BY 1BE cm W cm of the City of Hangor that the City Manager is barely authorized W execute lease kWM2-88-I` R1862, ICL with the Federal Aviation #ministration for the erection of an antenna adjacent to the Autonated Plight Service Statim Building located at Bangor Informational Airport. IN CITY. COUNCIL August 8, 1988 Passed �fJ CIC[kyr LERK 88-349 0RUER Title, Authorizing City Manager to Execute a Lease wiN Ne Tederai'Avlation Administration for Purposes of Erecting An Antenna Adjacent to the A4 C5Et0 '8tl 0 Iding at the E.I.A. 9=Ed'P11gha. Assigned to ..... ........... Councilman 88-349 DNITED STATES NENI OP SRANSPORTATION FEDERAL AVIATION ISSRASION NEN ENGLANDD REGION 12 NEW ENGLAND EXECUTIVE PARR 9URLINCTON, NASSACHUSETNDSETTS LEASE NO: DTFA12-88-L-81862 FACILITY: ACL LOCATION: BANGOR INTERNATIONAL AIRPORT. BANGOR, NAINE LEASE BETWEEN THE CITY OF BANGOR and THE SNITEO STATES OF AMERICA THIS LEASE, made and entered into this day of in the year one thousand and eighty-eight, by and between THE CITY OF BANGOR, whose address is City Hall. Bangor, Noire 04401 , for itself and its heirsexecutors, administrators, successors and assigns. hereinafter called the Lessor. and TBE UNITED STATES SOFANERICA,'hmrelnafter called the Government. 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, 1988, 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 -nay for ingress to and egress from the premise right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending ending electric power and telecO�nicat ions facilities to the premises, and a right-of-way for subsurface pow e cation and w i r lines to the pre all rights-of-way to beoverthesaid lands and adjoining lands oftheLessor, 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 eohindrance to the establishment and to the maintenance of air navigation and telecommunications facilities: LEASE NUMEER DTPA12-88-L-A3862 - 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, additions, structures and signs shall be and Dain the property of the Government and may be removed upon the date of expiration or termination of this Lease, o 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. The Lessor also grants the Government the right to erect and maintain a ninety (90) foot self-supporting antenna tower on the property described in Exhibit A. 3. This Lease may. at the option of the Government, be r wed from year to year and otherwise upon the terms and conditions herein specified. The Govrent's option shall be deemed exercised and the Lee renewed each year for tun (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. 4. The Goverment shall pay the Lessor as tary consideration in the form of rental, it being mutually agreed that the rights extended to the Govememnherein are in consideration of the obligations assumed by the r Gov ent i its establishment, operation, and malatenanceof facilities upon the premises hereby leased. - S. This Lease is subject to the Contract Disputes Act of 1978 (Public Lav 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 or assertion by one of the patties seeking as a legal tight the payment of =Day, adjustment r interpretation of Lease terms or other relief arising under or relating to this Lease. b. A voucher, invoice, rrequest for payment that i not in dispute when submitted Is n claim for the purposesof the Act. However, where such submission is subsequently nor acted upon in a reasonable 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 NUIBER DTPAl2-86-pR1862 - 3 For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith, the supporting data are accuratep and complete to the beat of the Lessor's knowledge and belief and the amount requested accurately reflects the contract adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. when the Lessem is not n individual, the certification shall be executed by a seniorcompany official in charge of the Lessor plant or location involved. or by a officer r general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. For Lessor claims of $50,000 at less, the Contracting Officer must render a decision within 60 days. For Lessor claims fuof $50,000, the Contracting Officer must decide the claim within x6days of notify the Lessor of the date when the decision will be made. The Contracting Officer's decision shall be final unlesstheLessor 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 Extensive Branch of the Federal Government are expressly authorised to decide. The Goverment shall pay interest on the amount found 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 s 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 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. 6. Rights-of-way, herein granted shall be assured to the Government's duly authorized agents, representatives, contractors and employees. ). The Coveramant may terminate this Lease 1n whole or in part at any time by giving at least (30) days notice is writing to the Lessor. Said notice shall be sent by certified or registered mail. LEASE NONOER OTFA12-88-L-A1g62 - 4 S. The Gov r Goverment shall surrender possession of the premises upon the date of expirationor termination of this Lease. If the Lessor by written notice at least fifteen (15) days before the date of expiration o 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 t0 as good condition as that existing at the time of theGoverment's initial entry upon the premises under this Lease or any preceding leasa (changes to the premises in accordance with paragraph I.e., l.b, and I.e above, ordinary wear r and t , damage by nature's element and by circumstances o which the Gover Government has no control excepted) or (2) make an equitable adjustment in the lease mount for the cost of such - restoration of the pre r the diminution of the value of the premises is if estored, whichever Is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. 9. No Member of Congress r Resident Commissioner shall be admitted to any Share or part of this Lease or to any benefit to arise therefrom. 10. The Learo ants that no per selling agency has been employed or retained to solicit o e this Lease upon an agreement o 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 o warranty, of this w anty, the Government e shall have the right to annul this Lease without liability or, in its discretion. to deduct from amounts otherwise due under this Lease o other consideration the full amountofsuch commission, brokerage, percentage or contingent fee. 11. The Lessor hereby warrants that it has acquired and possesses a adequate real estate right in the property described herein and that it is huthorized to grant to the Government the rights and interests set forth erein. lz. The Lessor grants to the Government the right to utilize any existing power lines, control lineaconduits or other facilities of the Lessor which are adaptable to use in connection with the purposes of this covenant. LEASE NUMBER DTFA12-88-L-RIB62 - 5 13. The Lessor agrees to bear all cost associated with the relocation, replacement o modification of the Government's facility constructed o the leased premises when it is made necessary by airport impro ents o changes made sed to be madebythe Lessor which in the Government's opinion impair 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 o modification a eed o e lege than the Goverment's estimates. the Les shall pay only the actual costs. When relocations, replacements or modifications are necessary due to causes not attributable to either party, fording responsibility shall be determined by the Government an e -by -c a basis. The conditions herein stated do not preclude the Lessor from applying for assistance under the Airport Improvement Program. The Goverment 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. _ 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 GOVERNMENT: City of Bangor Federal Aviation Administration City Nall New England Region. ANE -55 Bangor, HE 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 UNITED STATES OF AMERICA BY: BY: Barbara J. Minklein TITLE: TITLE: Realty Contracting Officer DATE: DATE: LEASE NUMBER DTPA12-88-L-&1862 - 6 certify. that I am of the (State. Municipality or other Public Authority) named in the foregoing agreement; that who signed Lease No. DTPA12-88-L-N1862 on behalf of was then of said - - - that said agreement was duy signed for and in behalf of said by authority of its governing body and is within the scope of its powers. 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