HomeMy WebLinkAbout2003-04-14 03-129 RESOLVEItem No. 03-129
Date: 414-03
Item/Subject RESOLVE, Ratifying Execution of FAA Lease No. DTAF32-02-L-40562
Automated Surface Observing System and Supplement No. 1 to FAA Lease No. DTFA32-97-L-
15116 Runways 15and33 — Bangor International Airport
Responsible Department: &g14(pjl
Commentary:
These two leases will provide the U.S. Government (Federal Avlation Administration) access to land a[
BM for the continuing operation of the Automated Surface ObsenAng System and the Precision Approach
Path Indicator sys[an. These are standard leases, which are required by the FAA in order that they may
access and maintain airfield guidance equipment and systems. These agreements have been executed
by staff and this Resolve requests Council ratification of our actions.
Department Head
City Manager
Associated Infomation: Resolve, Agreements -
xJ4'.4.eruJ j—,
Finance Director
Legal APpmval:
A%V , aty solicitor
Introduced for /�
Passage C�r�a�
_ First Reading Vaga _ of _
Referral
03-129
"Signed to Cooucilor Pollwan April 16. 2003
CITY OF BANGOR
Pt
(TITLE) RESOLVE, Ratifying Execution of FAA Lease No. DTAF12-02-1.-40562 Automated
Surface Observing System and Supplement No. l to FAA Lease No. DTFA12-97-L-15116
Runways 15 and 33— Bangor International Airport
Byth C51y C&wdldithe CAyofB nqw..-
RESOLVED
THAT, the action of Edward A. Barrett, City Manager, on March 4, 2003 in
executing, on behalf of the City of Bangor, FAA Lease DTFA12-02-K40562 and Supplement No.
1 to FAA Lease No. DTFA12-97-L-15116 are hereby ratified. Copies of the referenced leases are
on file in the Office of the City Clerk.
IL CI1Y COOOCIL
April 16, 2003
Passed
CI CLPIP.
# 03-129
HES0LVE
)TRLE,) Ratifying F eautiou of FAA Lease 9o.
WAF12-02-L-60562 Automat ee"Ing
System and Suppleoeut No. 1 to FAA Lease No. C.
a&or
International Airport
Assigned to CounaiW aw
�W AAM
03-129
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
NEW ENGLAND REGION
12 NEW ENGLAND EXECUTIVE PARK
BURLINGTON, MASSACHUSETTS 01803
LEASE NO: DTFA12-02440562
FACILITY: AUTOMATED SURFACE OBSERVING SYSTEM
LOCATION: BANGOR INTERNATIONAL AIRPORT
BANGOR MAINE
LEASE BETWEEN
CITY OF BANGOR
DEPARTMENT OF TRANSPORTATION
AND
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this day of in the
year two thousand and two by and between the City of Bangor, City Hall, Bangor,
Maine 04P01 and whose interest in the property hereinafter described is that of owner,
hereinafter called the Lessor, and the United States of America, hereinafter called the
Government
WITNESSETH: The parties hereto for the consideration hereinafter mentioned,
covenant and agree as follows:
1. For the term beginning on March 1. 2002 and ending on September 30.2002.
The Lessor hereby leases to the Government the properties described in Exhibit "A"
which is attached hereto and made a part hereof.
2. The following additional rights will be granted to the Government with prior written
approval ofthe Lessor, which shall not be unreasonably withheld:
(a). A right-of-way for ingress to and egress from the premises; a right-of-way or
rights-of-way for establishing and maintaining a pole line or pole lines for
extending electric power andlor telecommunications lines to the premises, all
height of which will be limited by and remain clear of current approach surfaces
and approach surfaces to be required during the time of the agreement, and a
right-ogway for subsurface power, communication and for water lines to the
premises; all rights -op -way to be over the said lands and adjoining lands of the
Lease No. DTFA12-02-[.40562
03-129
Lesson and unless herein described by mores and bounds, to be by routes
reasonably determined to be the most convenient to the Government;
(b). The right ofgrading, condifionin& and installing drainage facilities, and
sending the and ofthe premises, and removal of all obstructions from the premises
which may constitute a hindrance to the establishment and to the maintenance of
Government facilities.
(c). The right m make alterations, attach fixtures, and erect additions, structures,
or signs, in or upon the premises hereby leased, which alterations, fames,
additions, structures, or signs so placed in or upon, or attached to the said
premises shall be and remain the property of the Government and may be
removed upon the date of expiration or nomination of this Lease, or within ninety
(90) days therafen by or on behalf of the Government or its gramm, or
purchasers of said alteration, fixtures, additions, structures and signs.
3. This Lease may, at the option of the Government be renewed ftom year to year and
otherwise upon the terms and conditions herein specified. The Government's option
shall be demand exercised and the Lease renewed each year for one (I) year unless the
Government gives the Lessor thirty (30) days written notice that it will not exercise its
option before this Lease or any re swat thereof expires; provided that no renewal thereof
shall extend the period of occupancy of the premises beyond the 301a Day of September
2022. The Government may terminate this lease, in whole or in pan, at any time by
giving at least one hundred eighty (180) days notice in writing to the Lessor.
4. The Government shall pay the Lessor no monetary consideration in the form of
rental, it being mutually agreed that the rights extended to the Government herein are in
consideration of the obligations assumed by the Government in its establishment,
operation, and maintenance of facilities upon the premises hereby leased.
5. Lands contained within the restrictive easement described in Exhibit "A" must be
protected as follows: No strobe lights within the easement; within 100 feet of the center
point; no vegetation greater than 10 inches; within 500 feet of the center point, no
objects greater than 20 feet above ground lewd From between 500 feet and 1000 feet
from the center point, no objects greater than 45 feet above ground level.
6. The Government shall surrender possession ofthe premises upon the date of
expiration ortermination ofthis Lease. If the Lessor by written notice at least fifteen
(15) days before the date of expiration or termination requests restoration of the premises,
the Government a its option shall within ninety (90) days after such expiration or
termination, or within such additional time as may be mutually agreed upon, (1) renoss
the premises to as good condition as that existing at the time of the Government's initial
entry upon the premises under this Lease or any proceeding Lease (ordinary wear and
tear, damage by nature elements and by circumstances over which the Government bas
no control, excepted) or (2) make an equitable adjustment in the lease amount for the cost
of such restoration of the premises or the diminution of the value of the premises if
measured, whichever is less.
Lease No. DTFA12-02-L40562 _
0}129
Should a mutually acceptable settlement be made hereunder, the parties shall enter into a
supplemental agreement hereto effecting such agreement.
T. The Lessor agrees that any relocation, replacement, or modification ofany existing
or future Goverment facility covered by this Lease during its term or any renewal
thereof made necessary by airport improvement or changes which in the Government's
opinion interfere with the technical and/or operational characteristics of the Government
facilities will be at the expense of the Lessor, except when such improvements or changes
are made at the written request of the Government. In the event such relocations,
replacements, or modifications are necessitated due to causes not attributable to either the
Lessor or the Government, funding responsibilities shall be determined by the
Government on a case by case basis. The conditions herein steed do not preclude the
Lessor from applying for assistance under the Airport improvement Program.
8, The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of
the installation, operation, and/or maintenance of the Government's facilities. The Lessor
agrees to remediate or to have remediate f, at its sole cost any and all other hazardous
substances contamination found on the leased premises. The Lessor also agrees to save
and hold the Government harmless for any and all costs, liabilities and/or claims by third
parties that arse out of hazardous contamination found on the leased premises not
directly attributable to the installation, operation and /or maintenance of the
Government's facilities.
9. Officials Not to Benefit. No member of or delegates to Congress, or resident
commissioner, shall be admitted to any share or par[ of this contract, or to any benefit
arising from it. However, this clause does not apply to this contract to the extent that this
contract is made with a corporation for the corporation's general benefit.
10. Covenant Against Contingent Fees. The Contractor warrants that no person or
agency hes been employed or retained to solicit or obtain this contract upon an agreement
or understanding or a contingent fee, except a bov fide employee or agency. For breach
or violation of this warranty, the Government shall have the right to armul this contract
without liability or, in its discretion, to deduct from the contract price or consideration, or
otherwise recover the full amount of the contingent fee
I1. Anti -Kickback. The Anti -Kickback of 1986 (41 U.S.C. 51-58) (The Act) prohibits
any person from (1) Providing or attempting to provide or offering to provide any
kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3)
including directly or indirectly, the amount of any kickback in the contract price
charged by a prime Contractor to the United States or in the contract price charged by a
subcontractor to a prime contractor to higher tier subcontractor.
Lease No. DTFAIM2-L-40562
03-129
12. Proteins and Disputes. All contract disputes arising under or related to this contract or
protests concerning awards of contracts shall be restored under this clause, and through
the Federal Aviation Administration(FAA) Dispute Resolution System. Judicial Review,
where available, will be in accordance with 49 USC, 46110 and shall apply only to final
agency decisions. The decision of me FAA shall be considered a final agency decision
only after contractor or offeror has exhausted their administrative remedies for resolving
a contract dispute underihe FAA Dispute Resolution System. Protests mug be filed with
the Office of Dispute Resolution within 5 calendar days of Be date that the protestor was
ware, or should reasonably have been aware, of the agency action or inaction which
forms the basis of the protest. Unless otherwise state] in this contract dispute by the
contractor against the Government shall be submitted to the Contracting Officer within I
year after the accrual of the convect dispute. Irdbrmation relating to submitting a protest
or dispute will be provided by the Contracting Officer, upon request.
13. The Lessor grantsto the Government the right to utilize any existing power lines,
conduits or other facilities of the Lessor which are adaptable to use in connection with the
purpose of this covenant.
14. All notices sent to the parties under this Lease shall be addresses as written below.
Written notice will be submitted to the other party when a change in that shown occurs:
TO TME LESSOR: TO THE GOVERNMENT
City of Bangor Federal Aviation Administration
City Hall Attar: Realty Contracting Officer
Bangor, Maine 04401 12 New England Executive Park
Burlington, MA OI803
W WITNESS WHEREOF, the parties hereto have hereunto subscribed thew names as
of the date above written:
CITY OF BANGOR
BY
TITLE Realty Contracting Officer
DATE 3
-41-03
DATE
Lease No. DTPA12-021,40562
O$-129
(Norman S. Heitmann III certifythmlamthe City Solicitor fthe
City of Baneor
(Stec, county, Municipality or other Authority)
Barrett
Named in the forgoing agreement, that Bdmard' A. / :.who signed Lease No.
DTFAIM2-L40562on behalf of City of Baneor was
than City Varragar of said rr.... ,.F nmaathat said agreement was
duly signed for in behalf of said City of Bangor by authority of its
governing body and is within the scope of its powers.
( 'anature)
Norman S. Heitmarm III
City Solicitor
l
(Co Me geal)
Gail Campbell
Clerk
Lease No. DWA12-02-L40562
03-129
- MIBIT
THE LAND IN BANGOR, COUNTY OF PENOBSCOT. STATE OF MAINE, BOUNDED AND
DESCRIBED AS FOLLOWS:
FROM A POINT MARKING THE INTERSECTION OF THE THRESHOLD AND CENTERLINE
OF RUNWAY 33, PROCEED N 45'48'36"W 1462 FEET TO A POINT: THENCE
PROCEED S'41°11'24"W 700 FEET TO -A POINT MARKING THE POINT OF BEGINNING
OF SAID PARCEL.
THENCE PROCEED S 41°11'24"w. 50 FEET TO A POINT:
THENCE PROCEED N 45°48'360W. 50 FEET TO A POINT:
THENCE PROCEED N 41°11'24"E, 50 FEET TO A POINT:
THENCE PROCEED S 45°48'36"E 50 FEET TO,A POINT MARKING
THE POINT OF BEGINNING (POB) OF SAIO.PARCEL.
SAID PARCEL CONTAINS .06 ACRES MORE OR LESS OF LAND BEING LOCATED IN
THE CITY OF BANGOR, COUNTY OF KENNEBEC, STATE OF MAINE.
ALL BEARINGS ARE TRUE BASED ON RUNWAY 33 CENTERLINE N 45°48'36"W.
AUTOMATED
SURFACE OBSERVING
SYSTEM
(ASOS)
RESTRICTIVE
EASEMENT
FROM A POINT MARKING THE INTERSECTION OF THE THRESHOLD. AND CENTERLINE
OF RUNWAY 33 PROCEED N 45°48'36"W 1487 FEET TO A POINT: THENCE PROCEED
S 41°11'24"W 725 FEET TO A POINT MARKING THE CENTER POINT OF SAID
PARCEL.
THENCE PROCEED ON A 1000 -FOOT RADIUS FROM THE CENTER POINT 6283.2 FEET
MORE OR LESS. FORMING A COMPLETE CIRCLE.
SAID PARCEL CONTAINS 72.12 ACRES MORE OR LESS OF LAND BEING LOCATED
.IN THE CITY OF BANGOR. COUNTY OF PENOBSCOT, STATE OF MAINE.
ALL BEARINGS ARE TRUE BASED ON RUNWAY 33 CENTERLINE 45°48'36"W.
LAND CONTAINED WITHIN THE ASOS RESTRICTIVE EASEMENT MUST BE PROTECTED
AS FOLOWS: .
NO STROBE LIGHTS WITHIN THE EASEMENT:
WITHIN 100 FEET OF THE CENTER POINT. NO VEGETATION GREATER THAN 10
INCHES:
WITHIN 500 FEET OF THE CENTER POINT, NO OBJECTS GREATER THAN 20 FEET
ABOVE GROUND LEVEL:
FRRppM BETWEEN 500 FEET AND 1000 FEET FROM THE CENTER POINT. NO OBJECTS
GREATER THAN 45 FEET ABOVE GROUND LEVEL.
Lease No. DTPA12-02-L-40562
2/12/02
O}129
FEDERAL AVIATION ADMINISTRATION
NEW ENGLAND REGION
12 NEW ENGLAND EXECUTIVE PARK
BURLINGTON, MA 01803
SUPPLEMENT NO TO
LEASE NO. DTFA12-97-L-15116
THIS SUPPLEMENTAL AGREEMENT, made and entered into this _ day of
2002, by and between THE CITY OF BANGOR whose interest in the
property is that ofowner, hereinafter called the Lessor, and the UNITED STATES OF
AMERICA, hereinafter called the Government.
WITNESSETH
WHEREAS, Lease No. DTFA12-97-L-15116 was entered into between the parties
hereto granting the Government property rights for the Precision Approach Path Indicator
serving lbV 33 at Bangor Interrabonal Airport, Bangor, Maine.
WHEREAS, the Government has a need to relocate the PAPI facilities serving R/W 33
and R/W 15 thus requires a change to property rights under the above referenced lease.
WHEREAS; the Lessor and the Government do hereby agree to amend Lease No.
DTl7Al2-97-L- 15 116 to include as follows:
NOW THEREFORE, the parties hereto do hereby agree to the following:
1) Exbibit "A" containing property descriptions for R/W 33 is deleted and replaced with
the attached revised property description dated March 1. 2002.
2) Exhibit'R" containing the property description for the RAY 15 PAPI dated 3/IM2 is
hereby incorporated in the ]case.
3) All other terms and conditions ofthe lease shall remain the same.
4) This Supplement shall became effective 4/1/02.
Supplement No.] Wlease No. DTPA12.97-L-15116
03-129
IN WITNESS W HEREOF, the parties hereto have hereunto subscribed their names as
of the date first above written:
DATE: 3-SI'C3
UNITED STATES OF AMERICA
BY: A tua r tdlacw'�
Gail F. Gray
TITLE: Real ConumcunQ Officar
DATE: 3 -3 /-63
Sappkioeo[ No, I to Leece No. D AlL .1,15116
03-129
BANGOR INTERNATIONAL AIRPORT RUNWAY 15
PAPI
FROM A POINT
MARKING THE INTERSECTION OF THE RUNWAY 15 THRESHOLD AND THE
RUNWAY 15 CENTERLBJE, PROCEED S 45o 35' 50" E, 12240 FEET TO A POINT;
THENCE PROCEED N 44o 24' 10" E, 160 FEET TO A POINT MARRING THE POINT OF
BEGINNING (P 03) OF THE PAPI SITE;
THENCE PROCEED N 440 24' IW' E, 130 FEET TO A PONT;
THENCE PROCEED S 45o 35' S0" E, 35 FEET TO A PONT;
THENCE PROCEED S 440 24' 10" W, 130 FEET TO A PONT;
THENCE PROCEED N 45o 35' 50" E, 35 FEET TO A POINT MARKING THE POINT OF
BEGINNING OF THE PAPI SDE.
SAID PLOT CONTAINS .10 ACRES OF LAND MORE OR LESS.
ALL BEARINGS ARE TRUE BASED ON RUNWAY I5 CENTERLINE: S 45o 35' 50" E
(45,597o), ALL BEARINGS ARE TRUE TO THE NAD 83 COORDINATE SYSTEM.
PROPERTY OS LOCATED ON THE BANGOR INTERNATIONAL AIRPORT WITHIN THE
LIMITS OF THE CITY OF BANGOR, MANE.
BANGOR INTERNATIONAL AIRPORT RUNWAY 33 0}129
PAPI PROPERTY DESCRIPTION
FROM A POINT
MARKING THE INTERSECTION OF THE RUNWAY 33 THRESHOLD AND THE
RUNWAY 33 CENTERLINE, PROCEED N 45o 48' 00" W, 1221.0 FEET TO A POINT;
THENCE PROCEED S 44o 12 00 W. 160 FEET TO A POINT MARKING THE POINT OF
BEGINNING (P.0 B) OF THE PAN SITE;
THENCE PROCEED S 44a 12' 00" W, 120 FEET TO A POINT;
THENCE PROCEED N 450 48'W" W, 40 FEET TO A POINT;
THENCE PROCEED N 440 12' 00" E, 120 FEET TO A POINT;
THENCE PROCEED S 45a 45' 48" E, 40 FEET TO A POINT MARKING THE POINT OF
BEGINNING OF THE PAN SITE.
SAID PLOT CONTAINS 4800 SQ. FEET (0.11 ACRES) OF LAND MORE OR LESS,
ALL BEARINGS ARE TRUE BASED ON RUNWAY 33 CENTERLINE: N 45o 48'00"W.
ALL BEARINGS ARE TRUE TO THE NAD 83 COORDINATE SYSTEM,
PROPERTY OS LOCATED ON THE BANGOR INTERNATIONAL AIRPORT WITHIN THE
LIMITS OF THE CITY OF BANGOR, MAINE.