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