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