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Home My WebLink About1986-02-10 86-94 ORDINANCE86-94 Introduced by councilor FcCarthy, February 10, 1986 -; CITY OF BANGOR (TITLE) Mrbi11=P, Amending Chapter VII, -Article 4, sec 4 of the Ordinances of the Citv of Bangor - Historic Districts Be i6 o,daisud by W Cit Council ofdw City olBanpor, as (blows: THAT the provisions of Chapter. VII, Article 4, Section 4 be amended as follows: Sec. 4 Establishment of Historic Districts. Historic Sites or Historic Landmarks -- Historic districts, historic sites or historic landmarks shall be established by amendment to Section 5 of this ordinance. All such amendments shall be initiated by the completion of a form directed to the Chairman of the a purposes of action to place the request on the agenda of the next regular meeting of the City Council, allowing a minimum of two (2) days for preparation of all necessary documents prior to the closing of any Council agenda. _.Pending receipt of a report of the Coimuission anm:endations, the City Council shall take no further actionreco on the proposed amendment. STATEMENT OF FACT: The purpose of this amendment is to make the process for filing for historic designations consistent with the process for application for certificate of appropriateness under this Ordinance. solidated with And issued at the asme time as my other issue of bonds authorized prior to their issuance, at the discretion of the Finance Director, with the approval of the Finance Committee and the Chairman of the City Council. THAT in each of the years during which my of the bonds are outstanding there shall be levied a tax in an honest which, with other revenues, if my, available for that purpose, shall be sufficient to pay the interest on said bonds payable in such year and the principal ofsuch bands maturing in such year. THAT pursuant to Section 10 of Article VI of the City Charter and any other enabling authority, the Finance Director, with the approval of the Finance Committee and the Cnairmea of the City Council, is hereby authorized to from teuporary notes in anticipation of the foregoing bond issue, said notes to be signed by the Finance Director, countersigned by the Chairman of the City Council and otherwise to be in such form as they shall determine by their escutiou thereof. THAT a qualified band counsel be requested to render an opinion or opinions approving the validity of the bands authorized by this Order. 09 V "M�+aatyq�Sao,, S++nvi R 1S.tma YPoiq,41 v "Int was „,t. an L n 0 . m bili 61 min _ n 0 . m _ n 0 . LEASE NUMBER DTFA12b6{-RI630 - 5 the Governments Operation or equipment is excepted from this notifica- tion period. 19. The Manager, Airway Facilities Sactor-610, Bangor, Main q Telephone Number 203-942-6690, is hereby appointed as the contracting officer's representative for this Lease as written. In this capacity, he will In- sure to the Government that all terms, conditions, and services as written shall be satisfactorily rendered by the Lessor. However, such representative has no authorityy to revoke, alter, change, or waive y of the contract terms and conditions without written authority from the contracting officer. 20. The following are attached hereto and made a ppart hereof: The General Provisions and Instructions (Standard Form 2-A, May 1930 edition), with deletion of Articles 1 and 15. 21. 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 Manager Realty Contracting Officer The City of Bangor Federal Aviation Administratlon City Hall 12 New England Executive Park Bangor, ME 04401 Buriington, MA 01803 IN WITNESS WHEREOF, thepartiesheretohavehereuntosgbscrAe Meirnames as of the data first above written: CITY OF BANGOR, MAINE UNITED STATES OF AMERICA BY: TITLE: DATE: BY: Gall F. Gray TITLE: Realty Contracting Officer DATE: 1• certify that I am the of the City of Bangor, Malne, named in the foregoing Lease; that who signed Lease No. DTFA12-86-L-R1630 on behalf Of said City, was then of saitl City and that said Lease was duly signed for and in behalf of said City of Bangor, Maine, by authority of its governing body and Is within the scope of Its powers. 'Signature) (Corporate Sea0 LEASE NUMBER DTFA12-66-L-Rl6)0 - a " a As used herein, "claim" mea written demand o assertion by one f the parties seeking, ofas a legal right, the payment Y, adlustment or interpretation of lease terms, or other relimoref arising under or relating to this Lease. b. A voucher, Invoice, or request for payment that Jnct in dis- pute when submitted is of a claim for Me purposes of the Act. However, where such submission Is subsequent1ly not acted upon in a reasonable time, or disputed either as to liability o amount, It may be converted to a claim pursuant to Me Act. c. A claim by Me Lessor shall be made In writing and submitted to Me Contracting Officer for decision. A claim by the Government shall be subject to a decision by the Contracting Officer. For Lessor claims of more than 550,000, Me Lessor shall submit with Me claimatification that the claim Is made In good faith; the suortindata are accurnd cophe knowledge and belief and atetheamo nt releptuested accuratto me best ely t eflectssors the correct adjustment for which the Lessor believes to Government is M- able. The certification shall be executed by the Lessor If an IrMlvidu- al. When the Lessor Is not an Individual, the certification shall be executed by a senior company official In charge at the Lessor plant o location Involved, or by an officer or general partner of the Lessor having overall responsibility for Me conduct of the Lessor's affairs. For Lessor claims o/ $50,000 or Was, the Contracting Officer must ren- der a decision within 60 days. For Lessor claims In excessof 550,000, the Contracting Officer must decide Me claim within 60 days or notify Me Lessor of the data when the decision will be made. The Contracting Officer's decision shall be final unless Me Lessor ap- peals ar files a suit as provided in Me Act. The authority of the Contracting Officer under Me Act does not extend to claims or disputes which by statute or regulation other agencies o/ the Executive Branch of the Federal Government are expressly author- Iaed to decide. Interest on the amount found due an a Lessor claim shall be paid from the data to claim Is raceived by Me Contracting Officer until Me day of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (108) yyer annum on Me basis of a 365 -day or 366 -day year, whichever applies. E xccept as the parties mayotherwise aggres, pending final resolution of claim by Me Lessor arising under the Lease, the Lessor shall pro- ceed diligently with the performance of the Lease and Its terms in ac- cordance with the contracting Officer's decision. 18. In the event of failure by the Lessor ta provide any service, utility, maintenance, or repairs required utMer this Lease, the Government shag have the right to secure said cervices, utilities, maintenance or re- pairs and to deduct Me cost thereof from rental payments. Failure on Me part of rM1e Lessor is tleemetl to occur 30 days /allowing the date of notification by Me Government's Representative (Article 19) to the Lessor (Article 21) or his designee. At the discretion of the Governments Representative, this time period may be extended based on local circumstances and the severity of need. Failure Mreatening LEASE NUMBER DTFA12-16{-R1670 - 3 Retainappearance of landscaping, replace shrubs, trees, bushes, and s«E as necessary. 10. The Government agrees to maintain all interior eiectrlcala mechanic- al systems, including the replacement of I systems' EE mponants, but excepting plumbing and Its associated fixtures. All other building support systems, grounds, and parking area maintenance and service re- quirements shall be the responsibility of the Lessor. Il. All metered utility costs will the responsibility of the Government. 12. The Lessor shall provide adequate parking for 82 vehicles. However, the Lessor must have the capabilit to provide 95 parking spaces If re- quested by the Government during the term of this Lease. 13. Changes In specifications or modifications of construction details made prior riv Lessolurinlenconstruction nst uctio specifications omissions or imonsisten- clas ernmenfs Contracting Officer to being accoVprovetl by Mc Oov- g p g npliahee and such ap- proval shall not be unreasonable withheld. 14. The Government reserves the right to monitor all aspects of construc- tion to ensure compliance with the aforementioned FAA-+ppprovetl tlrowingga r and specifications. The Lessor will as onals access fa Me work site by Government personnel duringnormal working hours. A%p of all contractor submittals as called for in the specifications (HVAC, electrical tests) shall be made available to Me Government for review. The Government reserves the right to participate Inystems testing (i.e.: vacuum, electro -mechanical, fire detection alarm utility, lighting protection and g rounding) M assure compliance with aapp rating parameters. Copies of all systema fast reports and manufacturers oper- ation and maintenance manuals will be provided the Government prior In beneficial occupancy. 15. The Lessora fg es b bear all costs Incurred by the Government thr0ugh the Lessorsailure to deliver beneficialcuancy of the leasetl pre- mises no later than October 1, 1986. Said costs Include but are not limited to the Governmentsctractor costs for equipment delivery de- lays, and overtime and percosts of the Governments work force squired to t 'ts commissioning date a June 1987, failure caused through Act of God,excepted. 16. The Lessor agrees to construct a 2,0O0vquare-foot addition M either the north or west sides of the existing structure to be ready for acc - pancy 18 months following a formal written request. The Government will submit corrylete pians and specifications for construction (including Lessors associated overhead cost) of the addition with the request. Rental for the additional apace will be the pro -rated square- fact cost of construction during the remaining option years through September 30, 2011, plus the then -current and future -adjusted value of the Lessors maintenance cost. 12. This Lease is subject to Me Contract Disputes Act of 1928 (public Law 95-5631. Except as provided In the Act, all disputes arisingg under or relating to this Lease shall be resolved in accordance with this clause. LEASE NUMBER DTFAl24Il-L-RIQ0 - 2 expected tenure of Its need under-the terms antlnditions herein stated with the exception that the Payment provided in the rental stated in Articles 3 and a- for the amortization M Lessor's construc- tion cost will have amortized that cost and any furthere0htxtension of of the Lassoesracttuualgull Ing o operations tionspand maintenance costsPaYment Ing para T. The Prompt Payment Act, Public Law 97-137 (96 Stat. 85, 31 U.S.C. 18011 Is applicable to this Lease and requires payment to she Lessor of In- terest on overdue payments. The tel payments shall become due on the fifth business day of the month following the and f the rental periods described In Articles 1 and 2 herein. Determinations of Interest due shall be made In accordance with the provisions of the Prompt Payment Act and of the Office of Management and d Budgets Circular A-125. a. The Lessor shah periodically accompllsh Interior repainting of all pPanted surfaces and the rep0lacement of carpeting startingIM the )Val data of Occupancy d continuing through the muladve renewal periodi exercised. The redecorating shall be accomplished on the following schedule: a Repaint painted surfaces every three years In Operational and public areas and every five years in administrative areas. b. Replace carpeting in Operational areas as required but no less than every three years. c. Replace carpeting In administrative areas every five years. d. Rep it carpeting (seams, tears, excesively worn areas) as needed, wit= onamonth of formal request. d. Plun6ing and replacement of lavatory accessories as necessary. 9. The Lessor shall perform the following items of maintenance: a. Building Exterior To retain One aesthetic quality, energy efficiency, and safety of the structure. Sewage and water, Including wells and septic systems. b. Parking Lot Periodic striping. Care and replacement of directional parking and building signs. Sweeping a minimum of once a year. Sealing of cracks and filling potholes as necessary. Snow Removal c. Lawns and Shrubbery MOwinand pruning landscape In accordance with commercially ac cv*g landscaping practices. 86-117 UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NEW ENGLAND REGION 12 NEW ENGLAND EXECUTIVE PARK BURLINGTON, MASSACHUSETTS 01803 LEASEFACILITY: NO: AUTOMATED F 162O FACILITY: AUTOMATED FLIGHT SERVICE STATION LOCATION: BANGOR INTERNATIONAL AIRPORT UNITED STATES GOVERNMENT LEASE FOR REAL PROPERTY THIS LEASE, aside and entered Into this day of in the year one thousand nine hundred and eighty-six, by and between THE CITY OF BANGOR, MAINE, whose address is City Hall, Bangor, Maine 04401, and whose interest In the property herinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties harem for Me considerations hereinafter mention- ed, covenant and agree as follows: 1. The Lessor will construct for Lease to the Government a structure con- tainin s 8,000 square feet of pp to be constructed in accordance with 50 He. ANE -55-12, dated May 12, 1982, together with mutually ap- proved plans and speclOcations, on a site at the Bangor International A lrport, Bangor Maine. Said site Is more particularly shown an Exhibit A, which is attached hereto and by this reference made a part hereof. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term bee99Inning on October 1, 1986, through September 30, 1987, sub- ject to terMnation and renewal rights " may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of Forty -Six Thousand Four Hundred Dollars ($46,400 - $5.60 par square fout) at the rate of Three Thousand Eight Hundred Sixty -Six Dollar and Sixty -Seven Cents ($33,866.62) per aaulth In arrears. Rent for a lesser perlod hell be p ted. Rental checks shall be made payable to The City of Bangor, C ltyaHall, Bangor, ME 04401. 4. Effective October 1, 1992, the rental rate stated In the preceeding article shall be Increased from $5.80 per square fact to 56.64. per square foot, reflecting the cost of building maintenance. Accordingly, the rental shall be Increased to $53,120 per annum, payable at the rate of $4,426.62 per month. 5. This Lease may, at the option of the Government, be renewed from year to year (October I - Seeppten er 30) and otherwise upon she terms and conditions herein specified. The Government's Milan shall be deemed exercised and the lease renewed each year for one year unless the Gov- ernment gives 360 days notice that it will not exercise Its option be- fore this Lease or any renewal thereof expires; provided that no renew- al thereof shall extend the period M occupancy of the premises beyond the Thirtieth Day of September, 2011, and provided further that adequate appropriations are available from year to year for Me payment of rentals. It. Upon termination of all renewal options contained herein, being Septem- ber 30, 2011, the Government may extend Its occupancy through the then 86-11) In City Council 5-13-86 0 k 0 e P Passed '86 MAR -6 V ''O rule, cityClerk myof Auunorizing Execution Of Lease Agreemwt with gaited States of ................... I..... ............. America - Automated ?light Service StatLTatr�oduced and filed by C 6ncilmnn