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HomeMy WebLinkAbout2007-08-13 07-254 ORDERItem RP Io % L J t Date: B-13-07 Item/Subject: Order, Autfwr¢Ing the City Manager Execute a Memorandum ofAgreemeid wit the Federal Aviation Administration m Consolidate Ten Leases Responsible Department: Legal CommaMary: The City leases ten sites to the Federal Aviation Administration for equipment such as the precision approach path Indicator, digital airport surveillance redar site, to control tower, the automated surface observing system, runway Iocalber facilides, and to cemerteld wind site. All of the leases have different expiration dates but use virtually identical language. The purpose of this Order is to autorize to Oty Manger to execute a memorandum of agreement with the FAA he consolidate these ten eadsdng leases at Bangor Interna Tonal Airport Into a single agreement fw ease of administration. The proposed agreement uses to same standard FAA language as to ten existing leases and creates a single term ending September 30, 2027. The Transportation & Infrastructure Commitee recommendetl approval at Rs August 7, 2007, meeting. Mange's Comments: Rerommend approval. Associated Information: Budget Approval: Legal Department Head � x Passage _ First Reading Page _ of _ Referral 07 25= Assignoi to Cowcilor D'Era co August 13, 2007 CITY OF BANGOR (TITLE.) ORDER, Autitonzing the Gty Manager to Execute a Memorandum of Agreement with the Federal Aviation Administration to Consolidate Ten Leases ey Bre C 5h' Coin/ of tl re O"tyof Balwa ORDERED, THAT The City Manager Is hereby authorized to execute Memorandum of Agreement Number DTFANE-07-L-00037 with the Federal Aviation Administration tD consolidate ten siting leases at the Bangor k erhational Airport into a single agreement The Agreement shall be in a final form to be approved by the City Solicitor or A hrlmnt City Solicitor, substantially similar to the craft attached hereto as Exhibit A. 10 CITY mmm Auguej, 13, 3007 Peeca�„na� -CITY CIMK Authorlaiag the City M leges to.�eZ A Memor um o t with the Federal Avlaitioa A&i6dstratiaa to Coa oli to Te Leasee 07 254 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT Agreement Number OTFANE-07-L-00037 This agreement is made and entered into by the The City of Bangor, hereinafter referred to as Airport, for Itself, Its successors and assigns, and the Federal Aviation Administration, hereinafter referred N as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; and WHEREAS, both parties agreed the establishment, operation, and maintenance of systema for air traffic control, navigation, communication, and weather reporting is In the primary interest of safety and direct support of the ongoing operation of the Bangor International Airport NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS: It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will allow the FAA to construct, operate, and maintain FAA owned navigation, communication and weather aid facilities in areae on the Airport that have been mutually determined and agreed upon for the tens commencing on May 1, 2007 and continuing though September 30, 2027. Page 1 of 07 254 The FAA can terminate this agreement, in whole or pad at any time by giving at least (60) days notice In writing. Said notice shall be sent by certified or registered mail. The following additional rights will be granted to the Government which shall not be unreasonably withheld: (a) Together with a right-of-way for ingress to and egress from the premises; a rightrof-way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications linea to the premises; Including a right-of-way for subsurface power, communication and/or water lines to the premises; all rghtof-ways to be over the area referred b as Bangor International Airport ro be routed reasonably determined to be the most convenient to the FAA and as not tc interfere with Airport operations. The Airport shall have the right to review and comment on plans covering access and utility rights-of-way under this paragraph. (b) And the right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance W the establishment and maintenance of navigational aid systems. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (c) And the rights to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (d) And the right to park, without cost, all off dal and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION: The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the rights e#ended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navgatianal aid facilities upon the premises. 3. PURPOSE: It is understood and agreed that the use of the herein described premises, known as, Bangor Intemattonal Airport shall be related to the FAA's activities in support of Air Traffic operations. Page 2 of 07 25. 4. FAA FACILITIE The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that is made pad of this agreement by reference and shown on the attached FAA "List of Facilities". S. TITLE TO IMPROVEMENTS: Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the Installation, operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate or have remedlated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Airport also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities ant/or claims by third Parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities.° 7. INTERFERENCE WITH FAA OPERATIONS The Airport agrees not to area or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed by the FAA, as it is not in the beat interest of the Airport or the FAA. S. FUNDING RESPONSIBILITY FOR FAA FACILITIES The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational charade istics of the facility, will be at the expense of the Airport, with the exception of any such Improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either Me Airport or the FAA, funding responsibility shall be determined by mutual agreement between the parties. Page of 07 254 9. NOTICES: All notices/corresponcence shall be in writina.reference the Aoregment number. and be addressed as follows: - CITY OF BANGOR CITY HALL BANGOR MAINE 04401 FEDERAL AVIATION ADMINISTRATION ATTN: REAL ESTATE, ANE -58 12 NEW ENGLAND EXECUTIVE PARK BURLINGTON, MA 01803 This agreement supersedes Land Lease numbers: DTFA12-02140562, DTFANE-97-L-15116, DTFA12-88-L-R1845, DTFA12-881-R1882, DTFA12-01-L-40520, DTFA12-82-L-R1576, DTFA12-94-1--R3062, DTFA12-82-L-R1565, DTFMMII-L-15232, DTFA12-86-1--R1853 and hereby terminates the shove referenced leases. 11. The following clauses are incgmoreted by reference: The full teat of these clauses can be found via Internet at Lard On -Airport Lease 1. OFFICIALS NOT TO BENEFIT 2. COVENANT AGAINST CONTINGENT FEES 3. ANTI -KICKBACK 12. SIGNATURES: The Allpod and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duty authorized representative (a). This agreement is effective upon the data of signature by the last party thereof. THE CITY OF BANGOR By: Title: Date: UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION By: Title: Date: Page 4 of 6 0 254 List of Facilities MEMORANDUM OF AGREEMENT #DTFANE-07-L-00037 Page 5 of m GSACamrvl dumber Number Facil Number Cemmema MOS Resinctive EeaemeM—Sea 1. Automated Surfine Goldenrod Strained &pport 23221 AVxhed PAPI Precision Appmacn 2. Pah Indicator 33 23209 MA R/ATCT Restrictive Easement—See allached Medium Approach 3. Lighting System Rat Support 23094 RCL Radio Communications 4. Unk 23158 Lessor agrees not to canshuct nor allow to be DMR constructed any structures or obstructions S. Digital Airport suvelllmim coder sum" 23234 above 295 feel MSL within the area shown on ASR boundaries. GATII- ILS- Restrictive Easement -am ateched InakumemlandiM 6. Systems -1-ocalzerr is PAR Precision Approach 7. Path Indicator 15 GIVLOCrMM/OM Reswawna Easements -see attmhetl Glide Slope. Localimr. r23M Middle Maher, Outer B. Marker 33 CeMedlela wind 9. Instrument Suploort RTR Peters Transmitter Receiver 10. Support 23039 Co -Located with CATH -IS 11. Runway Visual Rantie 15 23156 Page 5 of U7 254 Page 6 of