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HomeMy WebLinkAbout1994-02-28 94-118 ORDERCOUNCIL ACTION Date: Pebruary 28. 1994 Item No.Ll-119 Item/Subject: Authorizing City Manager to Execute State of Maine Submerged Lands Lease No. 10-19B Revised 2-08-94 Responsible Department: Community and Economic Development Y Co®entary� f The State of Maine requires a lease o easement from the Bureau" of public Lands for the use of submerged lander ThisSubmerged Lands Revised Lease No. 10-19B provides for the use, by the City, of the submerged lands under the -City's dock systems.This revision removes the "Bangor'el Docks^, which w owned and previously operated by Mike Delong, from he prior Lease, as the City no longer leases bulkhead space to Mr. Delong. The revision also removes the lease fee previously required for use of the Delong docks as commercially operated facility (the City received reimbursement for payment of the fee from Mike Delong). The lease expires December 31, 2011. No fee is required as long as the floats are used by the City for public docking. Approval is recommended. �Do Depar[me a{r v#f rldrmc l zmrel� D� )-XW /1. ^5 City Manager Associated Information: f/� O�)i/, Pak fNYr� Budget Approval: n vice� nirector Legal Approval: ity So 'ca Introduced For _j[ _ Passage _ First Reading Page 1 of 1 _ Referral ca-rom 94-118 Assumed to Cmmdm Popper February 28, 1994 �r< CITY OF BANGOR (TITLE.) (Prbert Authorizing City Manager., to Execute State of Maine __ _ ,,.Submerged Land Lease No.,. 10-19B Revised 02-08-94 BY as City Counml of Bu CftY of B4 . ORDERED, THAT the City Manager is hereby authorized to execute State of Maine Submerged Lands Lease No. 10-19B Revised 02-08-94 by and between the State of Maine Bureau of Public Lands and the City of Bangor, a copy of which is on file in the Office of the City Clerk. 19 IN CITY COUNCIL -- 94-I February 28, 1994 0 RDE R R Passed Title, Authorizing City Manager to B eeute State of Maine Submerged Lands Lease No. 10-199 Aevlsed D2-08-1994 NASA ...................................... �pa to re ....... Y.A.......... Councilman STATE OF MADVE SUBMERGED LANDS LEOE[IAR 25 P442 NO. la19B r,rEi4E0 Revised02-08-94 clIY Y S„LEfO iK This SUBMERGED LANDS LEASE (hereinafter Lease)'<dnveys certain, limited righty in the submerged lands held by the State of Mame intrust for the public. it is not an envirom mann permit for the use of these lands. This Lease is entered into by the Bureau of Public Lauds, an agency of thee State of Maine Department of Conservation, by its Director acting pursuant to the provisions of Title 12 M.R.S.A. Chapter 202 (hereinafter Lessor) and CITY OF RANCOR ofDFPARTMFNT OF COMMNMTY DEVELOPNIEW. CITY HATI, 73 HARLOW STREET RANCOR, MA� 04401 (hereinafter Lessee). Lessor hereby leases to Lessee on the teams and conditions hereinafter set foray the following described submerged land situated in Penobscot County, Maine, to wit: A certain parcel of public submerged lend lowest in PENOBSCOT RIVER, BANGOR, MAINE totaling 5,668+/- square feet abutting adjacent upload now owned by City of Bangor, as fuller described is Attachments) A, B, C, D, and E which see hereby incorporated into this Lease (hereinafter leased premises). 1. TERM. This lease shall commence on the 8th day of February, 1993 ant continue to the 31st day of December, 2011. 2. USE. Lessee, his guests, servant, agents, lessees or assignees are hereby authorized to use the lowest premises for the purpose of 368x6Boaz system operated as a public marina which is open ant available to the general public and which charges user fees which are used exclusively for the operation and malntewnce of the marina as described in the Anny Corps of Engineers File Application k51-89-1203 on file with Lessor and for no other purposes. 3. OTHER USES. Lessor reserves the right to make such other uses of the leased premises, including by way ofexample and without limitation, the right to permitpipes t be laid thereunder or telephone wires to be maintained thereover, as shall not unreasonably interfere with Lessee's use and enjoyment of the lower! premises. - 4. REGULATORY PERMITS. Lessee shall be responsible for obtaining any and all permits required by any agency of the United States or the State of Maine or my political subdivision thereof havingjurisdiction over the activities on the submerged Inds contemplated by this Lease, which pemuts and conditions thereof, shall be apart of this Lease for all proposes including, without limitatiomf purposes ofdefiaing the extent and purpose of my alteration or use of in, on or ova the leesedpromises. Unless all requhed Pemuts authorizingdw uses contemplated hereby areissued prior to the expiration ofthe calendar year next following the creation oft his leasehold, then this Leaseshallbevold. Ntheeventthffinyagmryoftiss Uni Sttesorthe Stteo£Maineormy political subdivisin Hereof denies or disapproves my porton ofmy application by the Lessee for the use of the leased premises many portion thereof, this Lease shall be void as to the denied or disupproveduq ofthedmeofsuchdenWordisapproval. Remalpaymemsmadeby Lesseefor such denied or disapproved use may, upon proper rerouted, be refunded or equitably adjusted, subject to a service charge. Failure by Lessee to abide by or conform to the terms and conditions of any such permit shall be an event of default hereunder. 5. ASSIGNMENT. No rights leased herein by Lessor may be assigned or sublet by Lessee, without the prior written consent of Lessor and subject to fire provisions of the officially adopted rules of the Bureau of Public Lands, Title 12 M.R.S.A., Section 558-A, and/or any other act of the Mame Legislature. Nohvidestanding any such assignment or sublease, Losses shall remain liable for compliance with the terms and conditions of this lease. 6. SUBLEASING. No portion of an existing or proposed lease may be transferred from a person subleasing Nat portion to provide burning space for any boat or vessel except for ao-ansfer to heirs upon death of the sublease holder or a transfer to the original leaseholder subject to terms agreed to by the lessor and sublessee m the time of do sublease. 7. CONSIDERATION. Consideration for this Lease shall be free public use or public use with nominal user fees of the loused premises and structures thereon. Lessor may impose mat and may adjust such rent when it is necessary to covf to officially adopted rules of the Bureau of Public Lands, Tide 12 MRSA, Section 558-A, and/or my other act of the Maine Legimmme. Lessor shell give Lessee at least 120 days notice of Lassoes intention to impose or adjust new. S. PROPERTY TAXES. Lessee shall pay when due all taxes, charges, assessments and other impositions lawfully levied upon the leased premises and the buildings, improvements and fixtures on the leased premises by any governmental entity. 9. INDEMNITY. Lessee agrees to defend or cause to be defended and to indemnify and hold the Lessor harmless from and against any and all manna of claims, suits, cepenses, damages or causes of action for damages arising am of, in whole or in part, the use or occupancy of the leased premises by Lessee, its agents, connacmrs, employees and novices. 10. MAINTENANCE. Lessee sh ll, m its expense, keep the lensed premises fixe of garbage,refuse and similar material and shall mandaw all improvements on the leased premises in good condition and repair, reasonable wear and tear only excepted. 1 L GENERAL RESTRICTIONS. No nuisance stall be permitted to exist on the leased premises. No minerals (including and and gravel in commercial quantity) shall be removed from the leased Promises and no rock earth, ballast, garbage or other material deposited upon the leased premises without the prior written consent of Lessor. 12. CASUALTY. Intheeveat the improvements and structures erected on the leased premises we substantially destroyed by fire or other casualty and Lessee does not, within two years following such casunity, rebuild the improvements and structures to a size not exceeding those specified in this Lease, flue Lessor may cancel this Lease upon thirty (30) days notice to Lessee. 13. DEFAULT. The following events shall be deemed to be events of default hereunder:(A) Lessee shall fail to pay when due any rent payable hereunder, (B) Lessee squall fail to comply with any other provision of this Less and shall not owe such failure of compliance within 30 days after notice thereof to Lessee, or if such failure of compliance cannot be cared within 30 days, if Lessee shall not promptly and diligently undertake to cure mob failure of compliance and cause the same to be cured as soon as the nature of the failure of compliance permits, (C) Lessee shall make a transfer in fraud of creditors or be adjudged banlaupt or insolvent in any proceedings, (D) a receiver or trustee shall be appointed for all or substantially all assets of Lessee, (E) Lessee shall abandon my portion of the lensed premises. Upon the occurrence of my such event of default, Lessor may, in addition to nand not instead at) any other remedies available at law or in equity, cancel this lease without notice or demand to Lessee and enter and take possession of the leased premises. Lessee shall be liable to Lessor for loss and expenses incurred by reason of such terntination. 14. ENTRY. The Lessor, its agents and representatives shalt have access to the leased premises and all improvements and structures thereon at all reasonable times fa the purpose of securing compliance with the terms and conditions of this Lease. 15. NOTICE. Any notice required or permitted under this Lease shall be deemed to have beeru given when actually delivered or when deposited in the United States mail, first class postage prepaid, addressed as follows: To the Lessor: Bureau ofpublic Lands, Some House, Station 22, Augusta, Maine 04333, A=: Submerged Lands Division. To the Lessee: at the address given by the Lessee below or at such other address m Lessee may have theretofore specified by written notice actually received and placed of record with Lamm. 16. ALTERATION. Lessee shall make no ahemtion to the leased premises and shall place no improvements or structures in, am or ova the leased premises except as specifically described in Paragraph of this Lease and authorized by the permits which are issued directly following and which fort a pact of this Lease, without Lessors prior written consent. 17. Po PROVEMENTS. Upon the expiration, cancellation in termination of Us Lease, regardless of the reason thereof, Lessee shall have N days to remove its property. Lesmr at its discretion, shall become the owner of all improvements and structures erected upon the based premises not m removed. Lessor may, A it option, require Lessee to remove all such improvements and structures at Lessee's expense and to restore the leased premises In the condi 0on in which they existed prior to the placemerrc of my improvements upon submerged lands. 18. DIFFER APPLICABLE LAWS AND RULES. This Leamismbjecttochangeand/or cancellation, in whole or in part, by Act of the Mairre Legislature. This Lease is subject, in whole in in pmt, to the provisions of the officially adopted riles of the Bureau of Public Leads. 19. MISCELLANEOUS. This Lease shall be binding upon and shall more to the benefit of Lessor and Lessee and their respective successors, assigns and legal represatatives. Failure of either party to complain of my act or omission on the pan of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. A waiver by either party at any time, express or implied, of my breach of my provision of this Lease, shall not be deemed a waiver of or a consent to my subsequent breach of the same or my other provision. Lessee may not without Lessors prior written cuusevt, file this Lease of record, or cause or permit the same m be filed of record. Lessor makes run warranty of Lassoe's leasehold estate and in the evert of my lawful ejectment of Lessee, Lessor shall refund m Lessee my rentals theretofore paid to Lessor hereunder. Lessee shall comply with all applicable laws, regulations anal ordinances ofgovemmemal entities having jurisdiction over the leased premises. This Lease contains me afire agreement of the paries and may not be modified except by a writing subscribed by both paries. 20. GENERAL RIGHT TO TERMINATE. Lessee shall base the right to terminate this Lease. Lessee may exercise this right an tmvinne by notifying Lessor 30 days prior to termination date. In choosing to immune, ne, Lessee agrees to vacate the leased premises and remove all sometimes and other personal property Insured thereon udess other arrangements have been made, with prior approval of Lessor, to dispose of, or tansfer ownership of, the structures and personal property. Revtdpaymeds made by Lessee for such narrowed use may, upon proper request, be retarded or equitably adjusted, subject to a service charge. The Lessee expressly agrees to all team and conditions herein. and binds himself for the Payment of the rental hereinbefore specified. Accepted aad agreed to on March 3 1994 ''I" I) 19w (Lessee) (helso DvDmtop Bureau of Public Lends Department of Conservation, Stets of Maine) Edward A. Barrett (Print Name) City Manager (Title) City Hall 73 Harlow Street (Address) Bangor, Maine 04401 subland.leasel0-19B 0 CONTINUATION TO RANCOR 01 .Seale LfO.OM-. rrnrl BtAM67OF2-F5REWER FIARFS04 LOCATION PLA14 SCALE: I"=3,333 5{I I F R ep/nS 51 A 'l� 14 B lz fiot e R 5&W6oR-BREWER "QeL'a I .I LITY OF 13AN60R (J!•CAIAT I.AAID�F��Nf:�IAL fZCCF1:AC1� I � I / 1 1 SK) i I x I ' V I j / I S � I N 1 54MC6OQ-MEWER 14AQFSOf2 BAI 6612 DOCK FACILITY VICILIITV PLAN seu. 3 or- n `T? 1 �Mf 00 WMF 1 O¢a-05go BAIJGDW. DMY_ rAc�L1�Y, A I .I LITY OF 13AN60R (J!•CAIAT I.AAID�F��Nf:�IAL fZCCF1:AC1� I � I / 1 1 SK) i I x I ' V I j / I S � I N 1 54MC6OQ-MEWER 14AQFSOf2 BAI 6612 DOCK FACILITY VICILIITV PLAN seu. 3 or- n `T? 1 �Mf 00 WMF 1 O¢a-05go BAIJGDW. DMY_ rAc�L1�Y, a °Lop'��-P6N OHSGOT RIVER eea-w A1TNiD D E t -W 3'F)Z'p1.Np ' New'�.w.Dom. lx^t -.. ... VMSTINH W[bDEN 8ULL^NRD .. CITY OF. BAM6olz ZEDUGED FFLN pLyN PEep4RED BY J4MEY 5. HIS -SE, P.t. of T u m4I CO2p. 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