Loading...
HomeMy WebLinkAbout2013-02-11 13-073 ORDERCOUNCIL ACTION Item No. 13-073 Date: February 11, 2013 Item/Subject: Order, Authorizing the City Manager to Execute a Supplemental Agreement No. 1 with the United States Coast Guard — Space on City's Waterfront Bulkhead Responsible Department: Engineering Commentary: This order authorizes the City Manager to execute a Supplemental Agreement (No. 1) with the United States Coast Guard for space on the City's waterfront. If approved this Supplemental Agreement will amend the original lease agreement to change the U.S. Coast Guard's address, add a Tort clause, change the lease number to HSCGG1-13-1-0050, and to set September 30, 2015 as the expiration date for the original lease. This item was reviewed and recommended for approval at the Infrastructure Committee on January 29, 2013. Arthur B. Morgan, P.E. Department Head Manager's Comments: Recommend approval. LAZ M. C-0, Q,� / City Manager Associated Information: Supplemental Agreement No. 1, Lease Agreement, Council Order, and Memo from the Director of Public Services, Art Morgan. Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Page _of_ Finance Director City Solicitor >. 13-073 FEBRUARY 11, 2013 Assigned to Councilor Civiello CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute a Supplemental Agreement No. 1 with the United States Coast Guard — Space on City's Waterfront Bulkhead. BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Manager is hereby authorized, on behalf of the City of Bangor, to execute a Supplemental Agreement No. 1, amending the lease by and between the City of Bangor and the United States Coast Guard dated October 1, 2007 for space on the City's waterfront bulkhead on the Penobscot River. Said Supplemental Agreement No. 1 shall be in a form substantially as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL February 11, 2013 Passed CITY MARK 13-073 FEBRUARY 11, 2013 SUPPLEMENTAL AGREEMENT NO. TO Lease No. DTCGG1-08-L-1WH002 Between United States Coast Guard And City of Bangor, ME THIS SUPPLEMENTAL AGREEMENT made and entered into this 1 st day of December, 2012 by and between City of Bangor whose address is 73 Harlow Street, Bangor, ME 04401, for themselves, their heirs, executors, administrators, successors and assigns, hereinafter referred to as the Lessor, and the United States Coast Guard, hereinafter referred to as the Government. WITNESSETH THAT: NOW, THEREFORE, it is mutually agreed by the parties hereto that the original lease be amended in the following respect only, all other terms and conditions remaining in full force and effect: 1. The Government changes its contact address to the following: a. U.S. Coast Guard, Civil Engineering Unit 475 Kilvert Street, Suite 100 Warwick, RI 02886-1379 Tel(401)736-1701 Fax(401)736-1703 2. Add Torts Clause: The government, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.C. Sections 2671-2680) shall be liable for, and shall hold the lessor harmless from, claims for damage or loss of property, personal injury or death caused by the acts or omissions of the government, its officers, employees and agents in the use of the granted premises. 3. We are required to change the lease number from DTCGG1-08-L-IWH002 to HSCGGI-13-1- 0050. 4. We are required to have an expiration date. We recommend September 30, 2015. 5. All other terms and conditions of said lease shall remain the same. 6. The effective date of this Modification is immediate. IN WITNESS WHEREOF, the party hereto has hereunto subscribed their name as of the date first above written. UNITED STATES COAST GUARD BY: Bruce L. Herman LESSOR BY: (Printed Name & Signature) Real Property Specialist (Official Title) (Oficial Title) Z:\Shared Folders\Real Property\RP-Files\KPhillips\ingrants\RenewalsFY2013\SLAs\13-1-0050 Bangor Pier.doc