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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.