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Home My WebLink About1985-09-23 85-334 ORDER85-334 Introduced by Councilor Cam, Septeober 23, 1985 CITY OF BANGOR (TITLE.) (OrDCrm ..__.A rizirg-Bxecntion--ot-Lease of 5.46 -acres -of [and_.-. — Bslgor 1 texnstfonal Air .......... .............. _.... .......... ........ By W City Council of the City of Banner. ORDERED, THAT tle City Manager is hereby authorized and directed, on behalf of the City of. Baegor, to execute an agreeament, a m of wifich is on file in the office of the City Clerk, with the United States of America pruvidiW for the lease of a total of 5.46 acres of land located at Bangor International Airport to be occupied by the Plaine Amy National Guard. " 85-334 ORDER IN CITY COt CIL September 23, 1985 Title, Passed •- •✓)��/� '3#, {x. A........ Hxeat$.on of xeese of 5246 pore•. . 9. cxas aeRK -�` ACLe9 Of Bangor Intematioml .... port....poop................... A irpM [. i Airport. i od ed by -o uncilman ' Y t4' 85-334 DEPARTMENT OF THE ARMY - CORPS OF ENGINEERS ESAYnam Coe Em Reel Estate ...._._....._......_H_ev Yoa3 ........................ DMN%T LAND LEASE BETWEEN City of Bangor AND THE UNITED STATES OF AMERICA t. THIS LEASE, mode nad entered into this Any of inthe year ow thaluand neve hundred and- Eighty five (1985) by and between f._. City of Bangor: .. whose address 4 Office of City Nanegev, City Hall, Bostoi, Maine O4L01. and unison interest in the property heeinalter described L Not of Fee Simple Ower for ' itself, its })Ed�, . smceamre, and wsigw, hereimatfin mlted loner. aM THE UNITED STATES OF AMERICA, Aerelnafter caped the Governmerd: WITNESSETH: To parties hereto for to consideration hereinafter mentioned meanest andagrmwlo(bwa: 2.. The Lessor hereby teases W the Government the following dsocribed premium, roes: See Exbibit "A", Tract Description and Exhibit "B". -Intended attuhed hereto end made a part hereof, consisting of 5.46 ecre of land, with right of ingress to end agreed from the land. toowadJorto)Wbudngpnrpose: Ooveroment Purposes. See Tena 856aeuCas EDITION On -L oar w, nniu IS OBSOLETE a An -1 -SX) S. TO HAVE AND TO HOLD the said premises for the term beginning 15 September 1985 , through 3 ,Septembea'19 85, provided that urdess and until the Government shalt give notice of termination in accordance with provision a hereof, this lease SMG remain in for" thereafter from year to year without further notice; provided further that adequate uppropewa Nom are available fine year.to yearfor the payment of reach; and provided further that this (tafeaMQin ten event uteM LNrrad 14 September 2010. This lease m be renewed at the option of the Goverment for sn additional Twetty-Five (25) year term coa®evcivg 15 September 2010 under the same terms and conditions. d. The Govemmmt shag gay the Lessor rent at the following rate: One pwna -($1.00) for the entire here, including the option tens, the receipt andsufficiency of which are hereby acknowledged. OK 6. The Government shag have the -r ght, it uning the assidence of &1w liwae to attack f=- turve, and erect structures m sidnt, is et upon the premises hereby leaned, which 'paturea-and atrodurea, or si rts, so placed in, upon or attacked M the said premises aali be and'remain the peaPerly of the Government and may be removed or otherwise disposed of by the Government. 6. The Government may terniente this lease at any timeby giving thirty (00) days rustics in tinting to the Lessor, and no rental Mail secret after, the effective date of termination T. Any notice under the terms of this -lease Mall be in writing -signed -by a duly authm- bred representative of the party gHen giving such house, and if given by the Gme+mmmt ahall be addressed to the Lessor at OfYfHs of City Manager, City Well,'gor, Maine 04401. aMilgw nbytheLnsoraaitbeaMr"ndb Chief, Real Feat to Division, USAh Corps of Engineers-, ATPH:.,. NAHFg-A, 26. Federal Plaza, New York, Hes York 10278-oti96 S. The Leuor avarwawa that we pmeon or selling agency has kern employed m retained to aolieit m' secure this lease upon an agreement or understanding for a commission, pm m4 age. brokerage, or contingent lee, excepting bow. Ade employees lir been fide established com- rcial or selling agencies maintained by the Leuor fee me pn+gwee of semiriug business. Fm' breach m violation of this warraaty the Gmemment shall Moe the right to annul this lease withaR liability or in its discretion to deduct from the lease price or consideration the - full amount of such commission, percentage, brokerage, or contingent fee. P. No Member of or Delegate to Congress in Resident Commissioner Shalt be admitted to any ears or imrt of this lease or to any HantN that may mise Merefro e, but this prm inim Shall not be construed to extend to this lease it made with a coriwmtim fear its general benefit. 10. (a) The Gor"nmenl may, by winter notice to the Lessor, terminate to right of the Lessor to proceed under this lease if it is fou W, after notice and hen;ing, by the see? sit" of the Army or his duly mdborized h'epresmtative; that Hmtudiea (in the farm of ente) tainment, gilts, or otherwise) +Cert offered m' given by Ow Lessen', or any agent m' representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or SWOO favorable treatment with Inspect to the asarding onamending, or the making of any determinrttimra'With respect to the performing. of stick Mme; provided, that the existence of 2 facto upon which the Seo etmy of the Army or his duly authorated representative makes much findings Any be in issue and may be reviewed in any competent court. (b) In the event this lease is temivated es provided in Paragraph (a) hereof. the Coo- went ahng be enticed (i) to passe the same remedies against the Lessor as it may pursue in the event of a breach of the lease by the Lrww', and (ii) as a penalty in addition to any other damages M which it may be entitled by law, to eaemplaiT damages, in an amount (aa determined by the Secretary of the Army or his duly authorized repreaeNatiye) which allU be not kss than three nor man than tea times the costa incurred by the Lessor in Inventing any ouch g rutnitiee to any such officer or emP1 W ere. (e) The rights and remedies of the Government Provided in this clause shall not be exetw save and are in addition to any other rights and remedies provided by law or under thin hose. 'Thef011cying additions anddeleticas have bean made in this lease prior to axecntion by the parties hereto: Additions and dolatioa of certain acres is Paragraphs 1,2, Bad 3. Hider Be. 1, Exhibits "A","B", ate'.' are attached hereto and made a part hereof. IN WITNESS. WHEREOF, the partiee hereto have hereunto subscribed their ramp as ditheeen"ostabovewrittem - fayr¢srn/: - - --C21Y.OF'.HApCOR-. ....__.._�_..__._....... _.... —___—__—_._:_....__........... _.__.... —_.. (Sew) THE UNITED STATES OF AMERICA, (IF LESSOR IS A CORPORATION. THE FOLLOWING CERTIFICATE aXgLL BE EXECUTED eY TRE SECRETARY GR ASSISTANT SECRETARY. I, certify that I am the Secretary of Of awPoration armed an Lessor in the attached tease; that who signed said Leges on behalf of Me Leaver, war Nan - of mid corporation; that said lanae men duty signed for and in beMtf of said corporation by andwrity of its sperwHing body, antis within the scope of its corporate perears. 3 1. RIME N0. 1 U. Me Lessor hereby waives any and all clal s for restoration of the loosed Premises. _ CERTIFICATE OF AUTHORITY :certify that I as the City Clerk of City of Hangar the corporation described in and which executed the foregoing instrument with the United States of America•, that the said corporation is organized under the —.lays of the State of—.awioa ; that the corporate seal affixed to said instrupenl is the feel of said corporation;that who executed said instrument as of said corporation was then of said . corporation and has been duly authorized to execute said instrument in behalf of said corporation. that I know the signature of said ; and that the signature affixed to Inch instrument is -ganuine. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the corporate seal of said corporation, this _day of _ city clerk 10=113afir DESCRIPTION OF L FOR CHS ARU All that tractor parcel of Lord situated in rho City of Bangor, County of Penobscot, State of Naive, in B,I.A. (ANGB), and more particularly described as follows: 1. Beginning at corner k2 of (MealafC) Parcel 9, containing 18.96 acres, as the point of beginning, said point of beginnfn being 1,954 fest distant. Southeasterly at right angle to Station 38+35 of the center line of the formar NS - SW Rumayp thence running 480.1 feet from the Point of Beginning (889- - OVUM) to a -point. said point being 1.505 feet distant Southeasterly at right .angle to Station 36 + 65 of the center line of the former. NE -SW Runway; - - - -thence running 365, feet (N20"— 30'-00"8) to a point, said point tieing 1,56 feet distant Southeasterly at right angle to Station 40 + 30 of the center line of the former NE - SW Betsey; 7 Awe ft thence turning an interior angle of 904, running 449 feet (S69° - 30'00"E) to a point. said point being 1,954 feet distant Southeasterly at right angle to Station 40 + 30 of the center line of the forme: NE - SW Snowy; thence turning an interior angle of 90-, running 195 feet (520° - 30.00"W) to the point of beginning. CONTAININC A TOTAL AREA OF 2.89 ACRES, MORS OR LFSS tgholf ) OERCRIPTION OF LAN) RELICOPFER PARKING. PARS Al2 that tract or parcel of land situated In the City of Bangor. Conuty of Penobscot. State gf Holme,,. in B.I.A. (ARNGB), and more partieulerly - destribed as follms: 1. Beginning a point, being the point of beginning, said point .being the - most Southeasterly carne of (He C) Parcel 9, said point being 22A9.it. - distant Southeasterly "at right angle to station 31 > 15 of the center line of the former NE-ge B haay, thence. running 1332.93 ft. t (N 73°-54•-06.4'W) to a point, Said point being 920 ft. distant Southeasterly at right angle to station 30 + 12.69 of the center line of the termer NB -de go nsayi tinto a hence, ft, distant68 theasterly atOright�angle to stationn Xsaid 36 It 65oof, - the center line of the foreti NE -SR Runway, thence. running 80 ft. i(S 69 -30"-00'B) to a point, said point beim, 1000 it. distant Southeasterlyat right angle to &urian 36 + 65 of the center line of the termer NE -M Burney, thence, running 550 ft, 2 (8 20"-30'-00'9).to a point, said point being 1000 ft. distant Southeasterly at right anile to station 31 +.15 of the center line of the-formerNE-SW Rodney. I r thence.. running 1249 ft. 1.(669°-301-00"E) to a. point, .said point - being the Point of Beginning. CONTAINING 2.57 ACRES. NORE OR LESS t Al sj k K Y t # D(HIBIL "r S<n cE : 1 n= 2OO 1 BCBND 5.66 At - Yioyoged gcquigi[San Ja% 4,90 At - Local License Between City 6 Maine Army Guard _ c .W.BB At Yee Weed BAULnQ j d4U9rioNgG !1//LOa4T