|Control No. AJH-83-033
AGREEMENT CONCERNING JOINT USE OF
USFJ FACILITIES AND AREAS
This agreement is made and entered into on the date last signed by and between the duly authorized representative of United States Forces, Japan, hereinafter referred to as USFJ, the duly authorized representative of the Government of Japan (GOJ), namely, the Director of Tokyo Defense Facilities Administration Bureau, hereinafter referred to as Tokyo DFAB, and the Governor of Tokyo-to, hereinafter referred to as petitioner, as the respective signatures hereto appear.
WHEREAS, the GOJ granted to the USFJ the use of certain facilities and areas under provisions of Article II of the Status of Forces Agreement (SOFA) pursuant to article VI of the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, one of which is known and designated as:
FACILITY NUMBER FAC 3004
NAME OF FACILITY
AKASAKA PRESS CENTER
AND WHEREAS, the GOJ, by Memorandum FSJG-181-794-KM/KK, to the Facilities Subcommittee (FSC), dated 5 March 1968, subject: Request for Joint use of a Portion of Akasaka Press Center, FAC 3004, has requested joint use of certain land areas by the petitioner for constructing and maintaining a portion of Belt-line Avenue No. 3,
AND WHEREAS, upon exchange of several memoranda between USFJ and GOJ, and restudy of the problems surrounding the TMG's request, the USFJ has proposed by Memorandum FSUS-S01-2402-WB (A), to the FSC, dated 9 June 1981, subject: Release of a Portion of Land at Akasaka Press Center, FAC 3004, joint use of the heliport area with certain conditions in lieu of partial release,
AND WHEREAS, the GOJ has concurred in the USFJ proposal with certain conditions and understanding by Memorandum FSJG-S24-1863-TN/KS, to the FSC, dated 16 June l982, subject: Joint, Use of a Portion of Land at Akasaka Press Center, FAC 3004, and has agreed therein with provision of 4,302.27 square meters of land for a temporary helipad addition during the highway construction and upon completion of restoration work by the petitioner,
AND WHEREAS, the US-Japan Joint Committee approved the joint use by FSC MEMO No.1721, dated 23 February 1983, subject as above, executed on 19 May 1983.
NOW THEREFORE, in consideration of the agreement of the parties, joint use of 3,475.32 square meters of land area, and temporary use of 427.12 square meters of land area as a construction site until completion of the highway construction, as shown in colors on exhibit and made a part hereof, is hereby granted to the GOJ for use by the petitioner as hereinafter set forth.
1. The exercise of the privileges herein granted shall be without cost or expense to the United States Government (USG), under the general supervision and subject to the approval of the Commander, United States Army Garrison, Honshu (USAGH) or his designated representative, hereinafter referred to as local USFJ representative, and subject also to such. regulations as may be prescribed by him from time to time.
2. A temporary heliport addition, comprising 4, 302.27 square meters of land area, within the Aoyama Park shall be provided to the USG for interim USFJ use under Article II 1 (a) of the SOFA, as hachured in brown on the attached exhibit, until heliport restoration work is completed.
3. The highway portion passing through the facility shall be constructed either by tunneling or the cut and cover method. Use of explosives shall not be permitted during the construction without prior written approval of the local USFJ representative.
4. A reinforced concrete cover capable of supporting a fully loaded helicopter having a maximum weight of 73, 500 lbs shall be constructed over the entire section of highway passing underneath the facility.
5. Unrestricted access to the PX, PX garage and gasoline station area shall be available at all times for USFJ personnel and vehicles during and after the proposed construction.
6. The helicopter parking pad shall be relocated to an area, as designated by the local USFJ representative.
7. All work required to insure that the heliport remains operational at all times shall be completed first and prior to any work commencing on the proposed roadway within the facility.
8. An appropriate buffer zone shall be provided around the heliport addition within Aoyama Park to preclude injuries to bystanders as a result of landing or hovering aircraft.
9. All flight hazards such as trees, poles, etc. within the temporary helicopter approach and take-off zones shall be relocated or removed.
l0. A safety net/barrier shall be erected between the heliport and the proposed highway and the temporary access road to preclude injuries to workmen from flying debris, etc. resulting from flying or hovering aircraft.
11. Any improvement, which is to be constructed by the USG at the temporary heliport, area during the highway construction, shall be relocated to the existing heliport area as a restoration work after the highway construction is completed.
12. A temporary security fence shall be erected in front of the PX Garage area, as shown on attached exhibit. Upon completion of proposed construction, the fence shall be replaced with an appropriate permanent type fence and effective sound barrier.
13. No construction equipment shall be allowed on the installation which will, In the opinion of the local USFJ representative, interfere with the use and/or operation of the heliport or the PX Garage area.
14. The existing heliport shall be restored to its original condition and dimension after the highway construction is completed.
15. Should the petitioner require any utilities from USG sources, the petitioner shall coordinate the requirement with and obtain the necessary approval of the local USFJ representative. All utilities thus furnished shall be provided on a reimbursable basis.
16. Any damages to USG-controlled property resulting from the proposed construction or the subsequent joint use of the facility by the petitioner shall be repaired or caused to be repaired expeditiously by the petitioner in a manner acceptable to the local USFJ representative.
17. Any construction which for whatever reason is not in consonance with Japanese national, prefectural and local environmental standards, regulations, and laws shall be corrected by the petitioner at no expense to the USG.
18. All construction, including removal, relocation and restoration of USG facilities, and subsequent maintenance and repair work relating to the joint use shall be performed in a manner which will not interfere with USFJ operations and activities and shall be at no expense to the USG.
19. Local USFJ fire and safety regulations shall be strictly adhered to by workmen and other personnel engaged in the proposed construction project. In addition, the construction contractor shall develop an adequate safety plan coverning precautionary actions to be taken by workmen when working near a landing or hovering aircraft.
20. All construction, maintenance and repair work incident to the proposed highway construction, heliport addition, and subsequent joint use shall be coordinated and approved by the local USFJ representative prior to its commencement. Such approval is for the purpose of insuring compliance with applicable USG Aviation Safety and Operating Criteria, but does not include technical adequacy which is the responsibility of the petitioner.
21. The petitioner, and not the USG, shall be held liable for any injuries or damages to persons or property which may arise from or be incident to the petitioner's activities. The petitioner shall reimburse the USG or third parties for any such injury or damage. The foregoing does not affect and shall not be interpreted is affecting in any way relevant provisions of Article XVIII of the SOFA.
22. This joint use is effective 19 May 1983 and shall continue in effect until final release of the facility to the GOJ.
23. This agreement may be revised as mutually agreed and within scope and intent of the applicable Joint Committee agreement. Such amendment shall be prepared as an addendum, sequentially numbered and attached hereto made a part hereof.
24. In implementing this joint use, the Tokyo DFAB will act as liaison between the USFJ representative and the petitioner.
IN WITNESS WHEREOF, the parties have hereunto set their hands.
US ARMY JAPAN
FOR THE COMMANDER:
DAVID S. TABATA
Date 6 JUL 1983
Date 12 JUL 1983
TOKYO METROPOLITAN GOVT
Bureau of Construction Date August 12,1983