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HomeMy WebLinkAbout2002-01-28 02-87 ORDER_COUNCIL ACTION Item No, az-a] Date: January 28, 2002 ItemnSubject: The City Manager, on behalf of the City of Bangor, be authorized to execute a lease with the United States of America for property at the Airport for a digital surveillance radar a". Responsible Department: Airport Commentary: The Federal Aviation Administration is replacing the surveillance radar with an updated digital one and requires a new site located close to the current site. This no -coat lease is for the the new site. It is a one-year lease with 19, one-year automatic renewals. This new equipment enhances our Airport facility. Rebecca Hurn Department Head Manges Comments: City Manager Associated Information:O,IQI Finance Director Legal Approval: Introduced for 64�p- _ X Passage _ First Reading _ Referral Page _I_ of _I 02-8] Aaeig,ed to commci or Pauei January 28. 2002 rt7 CITY OF BANGOR (TITLE.) Order, That the City Manager, on behalf of the City of Bangor, be authorized to execute lease with the 1-1131tgad States of America for Property at illance radar site. &/ me C&y Cbtffx#ofCreO W ofaerW WHEREAS, The Federal Aviarion Administration would like to replace the current survelllance radar with an upgraded digital one; and WHEREAS, They require a new she for the new system; NOW, THEREFORE, BE IT ORDERED BY THE CRY COUNCIL OF THE CITY OF BANGOR THAT The City Manager, on behalf of the City of Bangor, be authorized to exeabe a lease with the United States of America for property at the Airport for a digital surveillance radar site. IP CITY COUNCIL 5 January 28, 2002 Meson Made and Seconded 02-87 for Passage Passed ORDER Title, That the City Manager, on Behalf C TY of tee City of Bang, be Authorized --� o Execute a Lease with the United States of hearten for Property at the Airport for a Digital Surveillance Radar Site Assigned to ul�yp'�wA Councilor yr 02-9) DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NEW ENGLAND REGION 12 NEW ENGLAND EXECUTTVE PARK BURLMGTON, MASSACHUSETTS 01803 LEASE NO: DTFAIbK-L-40520 FACfLTIY: DASR LOCATION: BANGOR INTERNATIONAL BANGOR, MAINE LEASE BETWEEN =OF BANGOR AND TIN UNTTED STATES OF AMERICA TILLS LEASE, made and emered into this day of in the year two thousand and one by, and between the City of Bangor, City Hall, Bangor, Maine 04401 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: Thepardwheretoforthewnsidermionhereinaftermentioned,wvenant and agree as follows: 1. Forthe term begirming on October 1, 2001 and ending on Sept bar 30, 2002 The Lessor hereby leases to the Government the properties described in Exhibit "A" which is attached hereto and made a part hereof. The following additional rights will be granted to the Cmvemmem with prior written approval of the 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 dgbts-of-way for establishing and maintaining a pole line or pole lines for wending electric power and/or telecommunications lines to the premise; all height ofwbich will be limited by and remain clear ofc rrent approach surfaces and approach surfaces to be required during The time of the agreement and a right-of-way for subsurface power, communication and /or water lines to the premises; all rights -of my to be over the said lands and adjoining lands of the Lesson, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government; Lease No, DTFA12Ot-LM520 PAA Pagel 02-87 (b). The right ofgmding, conditioning, and installing drainage facilities, and seeding the soil ofthe premises, and removal ofall obstructions from the premises which may constitute a hindrance to the establishment and to the maintenance of Government facilities. (c). The right to make sheratioua, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures, or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Govemnenl arW may be removed upon the date of expiration or termination of this Leas, or within ninety (90) days fieafte, by or on behalf of the Government, or its grantors, or purchasers of said alteration, fixtures, additions, sructures and signs. 2. This Lease may, at the option of the Government be renewed from year to year and otherwise upon the terms and conditions berem specified. The Govemmerrt's option shall be deemed exercised and the Lease renewed each year for one (1) year unless the ('mvemment gives the Lessr thirty (30) days written notice that it will not exercise its option before this Lease of my renewal thereof "pit"; provided that no renewal thereof shall extend the period of occupancy of the premises beyond the 30'a Day of September 2021. The Govemmem may terminate this lease, in whole or in par, at any time by giving at least one hundred eighty (180) days notice in writing to the Lessor. 3. 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 offacilifies upon the premises hereby leased. 4. The Government shall surrender possession of the premises upon the date of expiration ortermination ofthis Lease. Ifthe Lessor by written notice m least fifteen (15) days before the date of expiration or lamination requests restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as may be mutually aged upon, (1) resume the premises to as good condition as that existing a[ the time of the Govenmem's initial entry upon the premises under this Lease or any proceeding Lease (ordinary wear and tem, damage by nature elements and by circumstances over which the Government has 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 ifumestored, whichever is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto affecting such agreement. 5. The Lessor grants the Government the rights to use an irregular shaped parcel of land, immediately adjacent to the leased plot, as atemporary construction easement for staging material, are. This construction easement will be required from leas execution aluough December 31, 2002 and is depicted on a plan entitled ,case No. DTFg12-01-1.10520 FAA page2 "Stallard Boundary Survey and Topographic Survey of the Digital Airport Surveillance Radar Site dated February 14, 2001, Sheet 2 oft. 6. The Lessor agres;not to conmruct nor allow to be constructed any shuctures or obs[mctions above 295 feet MSL within the area shown on the attached plan entitled "Standand Boundary Survey and Topographic Survey of the Digital Airport Surveillance Radar Site" Sheet I of 2, dated February 14, 2001. '/. The Leaser agrees that any relocation, replacement, or modification of any existing or future Government facility covered by this Leas during its term or any renewal tberwf 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 repuest of the Government. In the event such relocation's, replacements, or modifications are necessitated due an causes not attributable to either the Lessor or the Government, firnding responsibilities shall be deremuned by the Govenunent on a me by case basis. The conditions herein stated do not preclude the Lessor from applying for assistance under the Airport Improvement Program. 8, The Government agem 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 legislation, operation, and/or maintenance of the Government's facilities. The Lessor ageesto remediate arm have remediated, at its sole cos[, any and all other hazardous substances contamination found on the leased premises. The Lessor also agrees in save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that oris 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. If the Lessor sells or otherwise conveys to another party any interests in the land or any portion of the land which is affwted by this Leese (including the site, riglm-of- way thereto all any meas contained in this Lease), it should immediately advise the Government ofthe date of the transfer and of the address of the new owner or the new owner's representative. The Govemmeg's rights bermider shall no be affected by any sale or conveyance. 10. Officials Not to Benefit No member of or delegates in Congress, or resident commissioner, shall be admitted to any share or part of this warrant, or to any benefit arising from it. However, this clause does not apply to this contract to the extern that this contract is made with a corporation for the corpormion's general benefit. ll. Covering Against Contingent Fees. The Contractor warrants thm no person or agency has boom employed or retained in solicit or obtain this contract upon an agreement or understanding or a contingent fee, attain a bona fide employee or base No. DTFA12. 1-400520 FAA Page 3 02-87 agency. For breach or violation of this warranty, the Government shall have the right to annul this cormact without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the corningent fee 12. 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 ot£ing 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 13. Protests and Disputes. All contract disputes arising under or related to this contract or protests concerning awards of contracts shall he restored under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial Review, where available, will be in accordance with 49 O.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after contractor or offeror has erhauged their administrative remedies for resolving a coutract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protestor was aware, or should reasonably have been aware, of the agency action or inaction which farms the basis of the protest. Unless otherwise stated in this contract dispute by the connector against the Government shall be submitted to the Contracting Officer within I year atter the seemed of the contract dispute. Information relating to submitting a protest or dispute will be provided by the Connecting Officer, upon request. 14. All notices set to the parties under this Lease shall be addressed as written below. Written notice will be submitted to the other party when a change in that shown occurs. TO THE LESSOR: TO THE GOVERNMENT: City of Bangor Federal Aviation Administration City Hall 12 New England Executive Park Bangor, Maine 04401 Burlington, MA 01803 Attn: Realty Contracting Officer Leave No. DTFA12O1-L-00320 PAA Page4 02-R7 W WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written'. CFfy OF BANGOR UNITED STATES OFAMERICA BY BY Edward A. Barrett TITLE L.A l ladn OLA =E Realty Contractine Officer T— — DATE I Gail E. Campbell certifythatlamthe City Clerk ofthe City of Bangor (Stautcounty, Municipality or other Authority) Edward A. Named in the forgoing agreement that Barrett who signed Lease No. DTFA1L 1-440520 on behalf of City of Bangor was thea City Manager of mid City of Bangor that said agreement was duly signed for in behalf of said City of Bangor by authority of ils governing body and is within the scope of its powers. (Si Hato 'f"- (Corporate Seal) Uve No. DTFAIMIH 0520 FAA Pore 5 02-ar EXHMff "A" BANGOX. ME DASR SM PLOT !Portion OD BeginningatapoimmtbeinterseetionofN44° 2415"Sand Ngo° 20' 57"W travelingatadistanceofg.95'toa#6rebmsetmthe SEro eG thenceN5039'03"Ea distance of 11.16' to a point defined by the imerseetion of the line previously described; Nmce traveling 14.31' along the bearing S 44° 24' 15" W bckW the poim of beginning. 02-87 E E!Wff"A" BANGOR.M M DASR GBLE EASEMENT Starting at a point m the intersection ofihe boundary line between the ANG and the City of Bangor's property. Thence runnings 76°-07'-09'E, adistance of 182.78 feet to an angle point in said easement. Thence S 81°- 31' — 02" E, a distance of 907.68 feet to an angle point in said easement line; Thence N 44° -19' —41" E, a distance of 1361.95 feet to an angle point in said easement line; Thence N 480 - 48'— 45" E, a distance of 228.83 feet to an angle point in said easement line; Thence N 45°- 06'— IW E, a distance of 99.11 feet to an angle point in said easement line; Thence N 37°-23'— 34" E, a distance of 151.43 feet to an angle point in said easement line; Then« S 700 -12' —16" E, a distance of 1630 feet to an angle point in said easemerat line; Thence N 43°-34' —41"E, a distance of 408.77 feet to an angle point in said easement line; Thence N 290 -20' — IS" W, a distance of 78.56 feet to an angle point in said easement line; Thence S Sr - 3l' —42" W, a distance of 122.10 feet to an angle point in said easement line; 02-33 Thence N 45° -49' —WW, a distance of 117 01 f ss to en angle point in said easement line; Thence N 440 -19' —21' E, a distance of 23.3 feet, more or less, to a point on the exterior wall of the control tower building. The above described easement strip crosses lend described in the following deeds; (1) Sate of Maine Department of Defense and Veterans Services, Military Bureau to the United States of America dated November 8, 1990 end recorded at ate Penobscot Registry of Deeds in Volume 4815, Page 347 and (2) end lend described in a confirmatory deed of Bangor Interregional Airport, said deed is was recorded on May 2,1969 end is recorded 9 the Penobscot Registry of Deeds in Volume 2156, Page 449. Bearings referenced berein are oriented m grid nonI of the Maine State Coordinate System (Nest Zone), said wordinute system is based on the North America Datum of 1983 (NAD 83). 02-8)