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HomeMy WebLinkAbout1985-09-23 85-327 ORDER85-327 Introduced by Councilor Prankel, September 23, 1985 CITY OF BANGOR (TITLE.) MTDPry _. _.nuthorrrrm l Meo c on of i,ease, wino unites Stats .... of America: Baegor Internatiwul Airport - Pot ting Bea: Ceilcae er By she City Ca l Of City Ofeangorc ORDERED, TEU T tre City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an agreecent, a copy of rfiich is on file in the office of the City Clerk, wit the United States of Nrerira for Una lease of a small parcel of land on the Municipal Colf Course for the operation of a rotating Eeam Mar eter. Statement of Fact: Sieke 1964 the City has leased a small strip of land on them icipel golf coutSe to kne Federal ( errmoant. That particular lease expired in Jure of this year. the Coverrrnent wishes to renew it for an additional 5-yaar term, the Government has located a piece of aeronautical navigation equipment known as a rotating bean ceiland r on the parcel. this equipment has become abeolete and is expected to be replaced within the rent 5 years with new facilities to be located on Airport property. IN CITY COUNCIL September 23, 1905 eaaaed C, CITY CLEMAK �'. 85-32] ORDER Title, AnNorizing Enecntion of Lease with United States of America: Bangor International Airport - Rotating Beam Ceilorater Introduced and Filed by M.�. Jam..n.......... cBRni�an 85-329 DEPARTMENT OF. THE ARMY ..CORPS OF ENGINEERS .... , tRAH Na DA .... y%- qY. tNC Real 8 tate-' .. �Y181m .. .. . . . . Bev Y rl . - .. . _.._..... _ ------ ____. So1s1PILT LAND AEASE,: •. .eETYErN. .. , ci7i OF WGOR 1 - AND THE IINIJED nAM-m ANIXIIGI - I- Ms LEASE made.avd antersd vmtotkia.:.... .,vyn. .., . um the V~onetMrampd mmp.'kuFdredamd ..of I by mM bsbaeen CL'LFSM'Bsagofj-bethg�& •mwicipal mrporatiea..Mge¢{aed under ,the leve. of cdd+e: Ftgte;at;dfa4pe - a,Mae aadraea :e ` Office or city manager city,"seal E6ng6Y etfain 1644&', and whose vnteieatin the Property b Owuzftor described is LME of fee simple owner f « itself and its a p«, hneinafto earned Lessor, and TAE,UNITED $NATES aF AMEH(CA, hereroa/ter.mmed the Government: .. WITNESSETH: The parties hereto for the dosed,, Gown hereeaw)ter mentioned cove«nt '«d agree «lollowa:.:. .. .. ,. r. The Leaeorherebn iea+as to tles,(igverµmenStM Jo(lowwg dvaenbM yr u«,.vis: FEE AWA RIDER I - •. .e M Need for the fmtbmNmmpprnpoa¢: .Open ti f -M-t8t g b eeilcoo, a and uob other uses « the GOverNwant mq require. . ."Ur 866 aausanemaan OF a�aa e:.wni� is Oeesi ne.oxNs.N •.. N -- Y 9. TO HAVE AND TO HOLD the said premises for the term beginning July 1, 19 85 through 30 Sept 1085 , provided that unless and until the Government shall give notice of termination in accordance pith provision 6 hereof, this lease essay remain in fares thereafter from year. to. year vnthout fWther he ;ansaA a"''w''Pge wba and provided further that this Uweahall inmevent extend 6eyorW 364ure_1me4 tie.:reueved:ah- theeption -efthe-6rnmeenb.esax-addStaaeaLkwenty-€h {2ii3euu+_^ commsnein(-d¢1,vivo201P8o�Pdmr28;5s-aedea�kHe-semafi naand_em liSi 30 June 1990. 4. The Government shall pay the Lessor rent at the following rate: CNF DOLLAR (1.00) for theabove terms, the receipt and sufficiency of ebich are hereby axknaeledged. yBY 5. The Govemenent ¢kala have the right, during she existence of this Uwe to attach fix- tures, au,ntttstrwtvrw or signs, in or won the proneness hereby loawd, which Armrea and structwes, or vigm, so placed in, upon or attached to the said premiew shall be mW remain the property of the Government and way be removed or whenwoe disposed of by the Government. D. The Gavermeent care termimwe MU Uses at any time by giving thirty (80) days notice i mtor dew to the Lesser, and no rental shay acorns after the effective date, of termination. 7. Any peace water the terns of this Uwe ikaR be as waiting earned by -a duly .au ce,- Led representative of the party giving such notice, and if given by'Ehe Gave;4mew shad be addreasedto Ehe Leworat Office of City Neaager, City Ball, Heanor. Maine 04401 andif 9a by the! orehaitbemddresaedto Chief, t t btvlsi'av, US'hrmy Carps =afykgzpe.._e-B York District ATTR. NDM his 26 Federal Plaza, - 8. The Leeaop' warrarde that no person- r selling agency, has been employed or -retained to eo(faiGoi;secrk! this Law upon ai agevasset Wmderstandfng fora commission, Prisma- . nye; brvkeroge, orcmdinpent fee, sac pephhrg bon Jude employees or bona fide established esna, men lel or "ael�ihp agehaiw.mainUd byy the Lessor far, the purpose of attuning bunntta. 16% N h !¢tion - thisperdu g io e - meh as Ia halo the--++Dht't annul'tMe failawithoutI u ' GiEy orto dw cion io deduct frbin the Una prwe`a cor,auUd�etwn Me . JvR amount o/ such cammwaian, PerwntaDe, brokerage, or eonHuperd lee. � -9. No Nambor of'or'DeUgate to (Univ real or Resident Commiasioner shall be admitted to any share orpaw bf this lows or to any boeejWthatmay arise therefrom, but this proviei em shall mbbe construed to extend to this leweiJmadzwith'a wryovntien for its seasonal benfit. - 10. (a) The Government may, by written mticeUrtke'Leaeor, terminate the night of the. - Lessor to proceed under this Uwe if it is foaM, after notice and hearing, by the.Searetary of the Army or hr}duly authorized representative, that the form of ekertainmeat, - gifts, or cherries) were offered or given by the Leaser, or any agent or +epresentaHve of the Leaser, ao any opicer or employees ofthe Goderwmeat voth-a view toward assuring a tease or cuing favorable treatment witkrespect to Me awarding or ameMing, or the making of any d urmintiow with ',pest to the Derjormiug, of each Uwe 7ovided, that the existence of 2 )acts upon which the ueore" of the Away Rr hie duly autho.ued repreaentattive mules such findings ARE be IS issue aM may ho reviewed in any competent court. (b) In the event this lease is termimeed So provided in paragraph (a) Aereof, the Gov - Or be b`dd 7'¢h ParEdh "ef PLdTPeat9'dvted bjytLe GoveYumedt badeldoetedsSFALA the-` demised Rres mR be removed by the Goveapme rt durint;'tSWteim uvfAlls'leas£' or 0Rv extensiom, thereof. Yeragrepha I2, 13 and 14— bee Revs - e Hide='` OF - dWITNESS IA"&&REOF;;tice'Petlias.Ae+' honRihera¢nto.rvbeeribed:fM r aamee ae Of oIn wascomfuatabove.uritfen. CITY. CP Hhy�OR - . THE UNITED STATES OF AMERICA, (IF LESSOR TATIT SELA CORPORATION, THE FOLLOWING CERTIFICATE SHALL BE EXECUTED BY THE SECRETARY OR ASSUh eertiiy that I me the Secretary of the cveyoration named as Lessor in the attached lose; that who signed avid Leese OR behalf of the Lessor, wao Men - of evidcorpor0tion; that said 10001 was dyly -apned for and in behalf o{.said mrporatiory byauthprity.of_ilBeeverning body, and ', within the Scope of its mrporate powers. I 3 �_�........__. f Th< Goveromevt Ler<iOagrees vpov texminatlon bi said•le'asa to restore' the: demised prem'Paes'to that original condition or make e', eeeh:settlement in lieu thereof. 13. It is berew Weed ttiat-''the neoees to the'teo demi ed parcef all:ba coordinated with the'fteelntendwt of'the'Bmgor'Nmlhipol'C141P' Comae', -'It' is. farther,.egreed.and or derstood. that.tbeie,wiU be.no interference with,pdq on the goltpcourse exceptin .tse cava of ezxrgenq... .In the,ovent of .=,,.; emergency need for access, any damages occurring to the course as a result theranf .vill.2e-3, ediatR?Y.coxxedtgd by tpe' couernmanq:sad _tbe. g yrae:reatpred to -rte. original eondit$m ...- 14. The following deletions and additions have been made in tbis lease prior U the execution thereof by the parties heraLo: s; =r '- -r /:Rax_ 1 -+Mime -'7% werds: delet d Line`�g-`.gid 3 deieted:% +'i : 1. 3 11 11, &DIli9: --Paz. 11112.13 & 14r:. - - , OPH D1 M I - Tract D-475.1 (Scumive Eve) N.- Being a strip of lead M feet in 111th tat 542.p feet in 1849th, 20 feet dither Hue of the following dmetlhed Canter 11001 Paginning at a point vlthin the lord of senor at Station (.) 464.82.p on ttb eeame ]Sm of the naw avrtAiest.5wtheaet almay, ertemodl td®ce auth 45a 51' 26' reed through lard. of owner, slmig the enter lime of meld now alwyv extended, 542.51 feet W Station 414-00 at a psreel Of ISM known s Trust D.412.6 aaprlred In fee by the aritM-Btatee Of Amrim from 1111.100 C. Tere]m6. hnba=:g 0.25 of M me, mss or less. Attaehed hereto and m a part hereof 1s plus jG739 City of Lir Agioearb* DeparOe$t, amtdpwl Wlf course - witltam C. belaod propaTy. ADD: This Lease is for amum term of five (5) years expiring n 30 June 1985. In the event the Federal Aviation Administration (FAA) decides to discontinue the operation of the rotating been eilometer presently located on the leased premises, and a soon as replacement facilities are functioning ata new location, Lessor may, at its discretion, terminate this Lease by giving thirty (30) days written notice to the Lessee.