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Home My WebLink About1997-04-14 97-186 ORDERDole 04/07/99 n Item No. 97-186 Item/Subject: Lease with Maine Military Bureau Responsible Department: Airport Commentary: This lease will result in a significant investment by the Army National Guard at Bangor International Airport. Included in the anticipated improvements are the rehabilitation of the aused apron adjacent to Florida Avenue and the con- struction of new hanger facilities. As ae cult of these developments significant increases in localemployment and spending can be anticipated. eN Manager's Comments: 7�,z Jk n A J (Ata ' 0 Ceud+in.Q Cal , av'u.P- ge,_, ad LZ /?t" Ciry Mamger Arscoiated Information: FU6, Lak4 Budget Approval: F1'na eeltm Legal Approval city Solicitor Introduced For Epasems ❑ First Reading Feet —of— ❑Referral 9)-186 Anipmd to Coundot Farnham April 14. 1997 //M1M1 ' CITY OF BANGOR (TITLE.) @rbgrr---_Auth zing Execution of. Lease with State Of Bureau By doC v Canon of µo My ofBansw. ORDERED, THAT Edward A. Barrett, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to enter into a Lease with the State of Maine Military Bureau, a copy of said lease being attached. hereto. IN CITY COUNCIL April 14, 1997 Passed I 9)-186 O RR ER Title, Authorizing Execution of Lease with State of well, Military' Bureau �. Aasigaea to -,A r g Councilmen 9]-186 CITY OF BANGOR AND THE STATE OFMAINE DEPARTMENT OF DEFENSE AND VETERANS' SERVICES MLITARYBUREAU THIS LEASE made this 6° day ofNu;embeer, 1996, by and between the CITY OF BANGOR (hereinafter called "CITY"), whose address is Office ofthe City Manager, Bangor City Hall, 73 Harlow Street, Bangor, ME 04401 and whose interest in the property hesinafter described is that of Fee Simple, for itself, its successors and assigns, and the STATE OF MAINE, MMITARY BUREAU (hereinafter called"STATE") WITNESSETH: 1. In consideration of One Dollar (SI W), per year and improvements to the subject premises, the CITY hereby leases to the STATE the premises described in Exhibit "A", Tract and Exhibit "B", Drawing attached hereto and made a ped hereof, consisting of 133 acres of land to be used by the STATE for Amry National Guard aviation purposes. 2. TO HAVE AND TO HOLD the said premises from July 15°, 19% to July 146 2021. This Lease may be renewed by mumal agreement of the parties for an additional twenty-five year period nmrdng from July 15", 2021 to July 10 2046 under the same terms and wnditicm. 3. The STATE shall pay the CITY fen w follows: One Dollar (SI00)for the first twenty- five year term, and One DoOer (81,00) for the second twenty-five year tern, the sufficiency and receipt of which are hereby acknowledged. 4. In its use and occupeng of the premise; the STATE shall comply with all local, STATE and Federal ordinances, laws and regulations. 5. In its use aid occupancy of the premises, the STATE shall comply with ell Federal Aviation Administration and Bangor International Airport Regulations. 6. It is a condition of ties Lease that the STATE shallkeep and hold harmless the CITY end the C1TY'e agents, officers and employees from and against any and all claims, demands, suits, judg¢nats, costs and expenses asserted by any persons, including agents, invitees or employees of the STATE by reason of death or imury to persons, or loss or damage to property resulting from the STATE's operations hereunder, except to the extern then such claim; demands, suits, judgements, costs and expenses may be Wributed to the negligent acts or omissions of the CITY, its apmM employees or invitees The STATE hereby expressly agrees that it will defend, indemnify and hold the CITY and the Page 1 of 3 97-186 CITY's agems, officers and employees harmless, Rom and against my and all claims made or asserted by the STATE's agents, servants or employees arising out of the STATE's activities under this Lease. For ibis Purnow.t TE hereby extresdy waives and all immunity it ma have underM' Worker's Compensation Act in metal to such claims mad or assertedb h STATE's aseemb, smands of emylevees. The indemnification provided under this paragraph shall extend to and include any and all costs inured by the CITY to answer, investigate, defend and settle an such claims, including but not Omited to the CITY's costs for attorney fees, expert arW other -witness Res, the cast of investigators, and payment in RII of all judgements rendered in favor of the STATE's agent% servants or employees. 7. The STATE shall remediate any environmental damage caused by its use or occupancy of the premises and shall bold harmless and indemnify the CITY and the CITY's agenda, officers and employees from and against my and all claims, demands, judgements, costs, and expenses asserted by my person or persons, including local, State or Federal agencies, by reason of any such environmental damages or by reason of the STATE's violation of any environmental law or regulation. 8. In the event that the STATE's aeronautical use of the premises ceases, the CITY may terminate this Lease by giving thirty (30) days notice in writing the STATE. 9. It is a condition of Us lean and part ofthe consideration hereof that the United States shall make permanent improvements to the existing aircraft apron and other portions of the premises within five (5) years of the date of this Lease, said improvements to have a project construction cost of not Iess than Twelve Million Dog= (S 12,000,000.00). Said five year period shall be extended by the CITY upon request for additional periods aggregating not more than one additional year, a necessary to accommodate delays in construction or other project related delays. In the event the United States fails to complete the required improvements within the time provided, the CITY may temdnate this Lease by giving thirty (30) days notice in writing to the STATE. 30. At the expiration of its Leave, the STATE shall noun to the CITY the premises in usable and good condition. 1 L The STATE shall have the right, during the existence of this Leese to attach Eachos, and erect structures or sigm, m or upon the premises hereby leaved, subject to applicable zoning previsions, airport regulations, and FAA restrictions, which futures and s xmmres, or signs, so placed in, upon or attached to said premises shall be and remain the property of the STATE and which maybe removed or otherwise disposed of by the STATE. 12. The STATE may lemmata this Lem a my time for any reason by giving dirty (3o) date noticeinwritingtothe CITY. The provisions ofpma 6 ofads Lease relating to indemnification and paragraph 7 relating to remediation ofmvironmemad damage shill survive any termination or the natural expiation ofthls Lease. Page 3 of 3 97-186 13. Any notice under the terms of this lyase Shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the STATE shall be addressed to: Once of the City Manager, Bangor City Hill, 73 Harlow Street, Bangor, Maine 04401, and if, given by the CITY, shall be addressed to: Hqs, Maine Army National Guard Atari Director of Facilities Engineering, Bldg N3, Camp Keyes, Augusta, Maine 04333-0033. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names CITY OF BANGOR Dated: (BY) Edward A. Barrett City Manager STATE OF MAINE / (By))—/ ,h��aajJ'�.o�r Generel The Adjutant Omttil STATE OF MAINE PENOBSCOT, as. 1996 Then personally appeared the abov nzmed EDWARD A- BARRETT, in his capacity as City Manager, and acknowledged the foregoing instrument to be his free act and dad in his said capacity, and the free am end deed of said body corporate. Before me, NotaryPubGdAtWaaey-at-law Printed Name: My Commission Expires: Pw3cf3 9]-186 SUBMCT: Description ofFmperty to be Leased by City of Bangor to the State of Maine, for Army Aviation purposes A certain tract or parcel of land situated at Bangor International Airport, in the City of Bangor, County of Penobscot, State of Maine, and more particularly described as follows to wit: Begimdng d a point in the much line of Parcel 9, so-called, as described in Corps of Engineers Permit DACA 514-88-84, said point being the southwest comer of land leased from the City of Bangor to the United States of America on 24 September 1985, described as 'Land for OMS Area' m Lease No. DACA 51-5-85-328, said point also being 1,505 feet distant Southeastaly at right angles to Station 36+65 of the center fine of the former NE - SW Runway, thence running N 69.30'- 00" W, 505 feet to a point in the Northwest comer ofParcel 9, so- called, as dwcribed in Corps of Engineers Permit DACA 51-448-84, said paid being the Northeast comer Orland leaved from the City ofBavgor to the United States of America on 24 September 1985, described u' Land for Helicopter Parking Pads" in Lease No. DACA 51.5-85- 328, said point also being 1000 feet distant Southeutarly at right angles to Station 36+65 of the center as of the former NE -SW Runway; thence continuing at N 69 - 30'-00" W, W far to apoint d the Northwest comer of land leased from the City of Bangor to the United States of America on 24 September 1985, described as Land for Helicopter Parking Pads' in Lease No. DACA 51-5-85-328, said point also being located 920 fed distant Southeasterly at right angles to Station 36+65 of the ea terfine of the former NE -SW Runway, thence at right angles N 20 - 30'. 00-E, 990 fed to a point, said point being 920 feet distant Southeasterly at right angles to Station 46+55 of the interline of the former NE- SW Runway; thence M tight angles S 69 - 30 - 00" E, 585 feet to a point, said point being 1,505 fed distant Southeasterly at right angles to Station 46+55 of the centerline of the former NE - SW Runway; thence at right angles S 20 - 30' - 00- W, 625 fed to a point 9 the Northwest comer of land leased from the City of Bangor w the United States of America or. 24 September 1985, described `asand "Lfor OMS Area" In Lease No. DACA 51-5-85-328, said point also being 1,505 led distant SmffistMy at right angles to Station 40+30 ofthe titer Ii ofthe former NE - SW Runway, thence continuing S 20.30' - 00" W, 365 fee[ to the point ofbeginning. CONTAINING A TOTAL AREA OF 13.30 ACRES, MORE OR LESS i ane