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Home My WebLink About1983-06-13 83-237 ORDER83 -23]' - Introduced by Councilor Soucy, June 13, 1983 _ryp CITY OF BANGOR (T uv VYIamr Auth ng Execution of Amendment to Lease,-- Agreement ease- Agreement with Swift Rivet Company .._.............. __...... .......... ...........: - BY do city Count of W My of Border: ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an Amendment to the existing Lease Agreement between the City of Bangor and Swift River Company, a copy of said Amendment being on file in the office of the City Clerk. In City Council June 13,1983 [ Moved to 1st on agenda 1 83-237 Councilor Jordan Abstained - i 'taCot�eiden. next.. regular. meeting O R D E R ® { Title, .87 n.:.. —9 i" tY is Authorizing Execution or nme ent to Leese ................................... Agreement Mth SwiYt River S:,anQazty Cl CITY Cliln. In City Council June 27,1983 PasVote es I No 29 by the Yolowing Abet� Introduced eptl fi d by n Vote SYea 1 No 2 Absent 1 Abate /rr ./Yf// Voting Yea Armlley Voting No weymoutb,villey Voting no Cox ' Absent Frankel ,Gass Abstained Jordan mended by sobatitckiun of lease Agreement a1 nwl {.Yc...... City C1 ce k _ cf-2ji w .o.�.w.se o ly Identical .,e ...,...g ..a...Po By ..ill,, W. .r. connection1'.. If to' South of Burns Rod In ... 9 located 1. In. Console of forebou.1, Share of I.A. oh ... leaflet referred ch AS I .... I ra duccalinagA,r referred tl Ad Las .. I ..rated into B LBO" Agreement WHEREASO ARABS* has ampleted SIX feasibility Stuart, in ..r mre .ea n E with a... •.....r local a v.wee....,..; am .,w and tionly apgoicatima for Inch licsInse, Rod ARABIA, Then the to FAX accoeagary for FLY cmastrUction and inflation *I the facility; age satisfied its onligations to taxe all nucessard, "BAPA to I. say defects in title and retain Both legislative clailfiC*tIff of rights 11 lvdAAItR4 BY IALIAO� ntaed Lantos foll covenants 'r�m:...• dere... •..�..�... ..e ev.e.,ee.e... ect ..toe erne.,. a "1," to ..r, at, r, <..me< e.Y the parties Be have MaVIt.d in . terviratial If (.) Lo,.. this "AIR shall ...e..... e..nrr r, TAXI, yasedSalo...,. a left" not to extend .y,., Join 1. 1994. 13] In of QVant the to. If this false a asrha.� fill In the City ssjo.g,� I the City of Salogn a final told of its feasibility holy hy tell J� jqe3. an later than ft�ha, 1, 1983, ah.11 file It. lots al+net lLaos" ho dortera.1d that the PMJ.l t. f6edole are has notified thal it iallnull to I'd" owned mvax all me°a .at. n IS] slate ,"," 1".. III responsibilities for notion any dealer. I. title ar modelling .I.mi[.av o.nmof al.ov a floc, teaveeev lmcaal ata 1Ind "e" xl,. laid hyaav-.te.t.m pmol.. vprom on tes Ill lune estate OtherViSO i=ardiStAst With these another's the pa'ailloon. of ..1il eyes shelf I. oll Carol led offset ..Iil the .. is otheassise ,terminated 11 p,cleald UIIILI� In WeleSS asURE(Fo the lesions farads ban' get then. ".do BY Saint RIVER Classes, rall" T E AMENDMENT TO LEASE WHEREAS, on July 14, 1981, the CITY OF BANGOR, a body politic and corporate duly organized and existing under and by virtue of the laws of the State of Maine and being located in the County of Penobscot, State of Maine (hereinafter referred to as Lessor) and SWIFT RIVER COMPANY, a Massachusetts corporation with a place of business in Boston, County of Suffolk, Commonwealth of Massachusetts (hereinafter referred to as Lessee) entered into a Lease Agreement to provide for the redevelopment and operation of a hydroelectric power production facility on property owned by Lessor all as more particularly described in said Lease; and WHEREAS, Lessee shall complete all necessary feasibility studies in connection with said project by August 15, 1983, excepting such further studies as may be required by federal, state or local regulatory agencies; and WHEREAS , under the terms of said Lease Agreement Lessor has satisfied its obligations to take all necessary steps to cure any defects in title and obtain such legislative clarification of rights as requested by Lessee, NOW, THEREFORE, in consideration of the further mutual covenants contained herein, Lessor and Lessee agree as follows: [1] That said Lease Agreement remains in full force and effect and that no action or failure to act by either Lessor or Lessee to this date is deemed by the parties to have resulted in a termination of same. [2] That this Lease shall terminate concurrent with the expiration of the existing preliminary permit issued by the Federal Energy Regulatory Commission; provided, however, that this Lease shall continue to remain in full force and effect in the event Lessee obtains an extension of the term of its existing pre- liminary permit from the Federal Energy Regulatory Commission (FERC),for a period not to extend beyond July 1, 1984. [3] in the event the term of this Lease is extended as provided in Paragraph No. 2 above, Lessee shall file with the City Manager of the City of Eangor a final copy of its feasibility study by August 15,- 1983. No later than December 15, 1983, Lessee shall file its application for a license to construct said project with FERC, however, if additional studies required by any federal, state or local regulatory agency are required as a part of the license appli- cation and cannot be completed by December 15, 1983, through no fault of Lessee, then said application shall be filed within thirty (30) days after completion of the required studies. [4] That on or before August 15, 1983, Lessee shall determine whether the project is feasible and notify Lessor whether it intends to proceed under the terms of said Lease. In the event Lessee shall not give said notice to Lessor on or before August 15, 1983, or in the event Lessee shall notify Lessor prior to August 15, 1983 that said project is not feasible, upon the happening of either event, this Lease shall automatically terminate, and Lesseeshallhave no further rights thereunder. [51 That Lessee shall from this date forward assume all responsibilities for curing any defects in title or obtaining any necessary legislative or judicial,clarification of Lessor's rights to redevelop, operate and maintain said hydro -electric project upon the leased premises. [61 That unless otherwise inconsistent with these amendments the provisions Of said Lease shall remain in full force and effect until the same is otherwise terminated as provided therein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 1983. Witness: CITY OF BANGOR, Lessor By Its City Manager SWIFT RIVER COMPANY, Lessee By Its VCe-PFes1 ent