HomeMy WebLinkAbout1982-06-14 82-155 ORDER62-155
Introduced by Councilor Willey, June 14, 1982
CITY. OF BANGOR
(TITLE.) (Dr;er, .Authorizing City Manager to_. Sign Submerged Land Lease
Wath the State of Maine - Bangor Docking Facility
Bye City(dutun of de aty of Banner.
ORDERED,
THAT the City Manager be and hereby is authorized to sign
on behalf of the Municipal Officers a Submerged .Land Lease with
the State of Maine for portions of the public submerged land in -
the vicinity of the proposed Bangor Docking Facility on the
Penobscot River, a copy of said Lease being on file in the Office
of the City Clerk.
STATEMENT OF FACT:
Thin is required pursuant to 12 M.R.S.A., Chapter 202, Section
558• The annual fee is $1.009 with a one-time processing fee
of $25.00.
In City Council; June 14,1982 82-155
Passed O R D E R"
T tl ,.. .
t C Vk A � City Muu&eC to AW Submerged
Iatt! Lease with the State o4 Maine Bangor Docld i Facility
f
Intrnd �and filed by
..�7... ..... R
Cowci
STATE OF MAINE
SUBMERGED LAND LEASE
2/15/77
82-155
No.., 167-10......
This is a lease conveying to you certain, limited rights in the submerged lands of
the State of Maine. It is not your environmental permit to use these lands. Please
read the lease carefully and abide by its terms.
THIS LEASE is entered into by the Bureau of Public Lewis, an agency of the State
of Maine Department of Conservation, by its Director act"ng pursuant to the provisions
of Phl. 1975 %. 87, hereinafter the "Lessor' and City f Bangor
of angor, ne , hereinafter the 'lessee". Lessee is ( ) individual
( ) partnership ( ) corporation ( ) other (Check one). If Lessee is 'other' please
describe below and if Lessee is corporation, it is incorporated under the laws of
Maine Lessor hereby leases to Lessee on the terms and conditions
aF—` ter setiorth, the following described (intertidal and/or submerged) land
situated in Penobscot County, Maine, to wit: -
A certain parcel of public submerged land the ewact location
and configuration describedinAttachment A and R,
or so much of the above described premises the use of which is actually permitted by
the terns of all permits issued by those regulatory agencies of the State of Maine
lawfully assuming jurisdiction over the above described premises a any alteration
thereof within the calendar year next following the creation of this leasehold. The
intertidal and/or submerged land leased hereunder is hereinafter referred to as the
'leased prmmises."
1. TERN. This lease shall commence on the Sth day of October 19X 81
and continue to the 30th day of Septem-hie I �
2. USE. Lessee, his guests, servants, agents, lessees or assignees are hereby
authorized to use the leased premises for the purposes of wetlands application
E03-7374-19020
and for no other purposes.
3. OTHER USES. Lessor reserves the right to make such after uses of the leased
premises, including by wayof example and without limitation, the right to permit
pipes to be laid thereunder or telephone wires
s to be mas
maintained thereover, a shall
not unreasonably interfere with Lessee's use and enjoyment of the premises.
4. REGULATORY PERMITS. There is incorporated herein by reference any and all permits
by any regulatory agency of the United States or the State of Maine or any political
subdivision thereof, having jurisdiction over the activities on the intertidal and/or
submerged lands contemplated by this Lease, which permits aid conditions thereof,
shall be a part of this Lease for all Purposes, including, without limitation, fox
purposes of defining the extent and purpose of any alteration orsof in am or
over the leased premises. Unless all required permits authorizinge
rthe u contem-
plated hereby a sued prior to the expiration of the calendar year next following
the creation of this then this shall be void. In the event any
regulatory agency of the United States, or the State of Maine or any political sub-
division thereof denies or disapproval any portion of any application by the Lessee
for the use of the above described premises or any portion thereof, this Lease shall
be void as to the denied or disapproved use, of the date of such denial o
disapproval. Rental payments made by Lessee for such denial or disapproved use may,
upon proper request,. be refunded or equitably adjusted, subject to a service charge.
S. ASSIGNMENT. Any and all rights leased herein by Lessor may be assigned or sublet
by Lessee, subject to the terms and conditions of this Lease. Notwithstanding any
such assignment or sublease, Lessee shall remain liable for compliance with the terms
and conditions of this Lease.
6. RENTAL. Rental shall be payable hereunder as follows:
2-
s 1.o0 Psr year payable on or before each amber 1st throu3inut
[he teen eo rFPr ental for the first full y sr (Sol Soy fraction of the
current year) bev due and payable elm execution bumf:
per five year period, Payable on or before Sac.. fd£th
cot 1st, with Ha fifth October 1st after He date berm£,
rental for the first five year Period land any fraction of He current year)
being due ed payable upon exervtion hereof.
Palnmt is to be vade to tba offices of the Bureau of Publfo Lands in Augusta, Maine.
Any Cheeks are to be made payable to the order of the Traasnzer, State of Maine.
Following the fifth aenivere date of the date lean£, Lessor may adjust the reertal
hareeder fran tfine to time, but not � fredently than once do each five Year Period
during the term hereof, by giving Lessee at least 120 days notice of Leasor's intention
W adjust the rental as of a certain date (the "adjustment date"). Me rertal shall,
be equal to the then fair nerket rental value of the loses! Pranises (eslusive of
imisvvaiwsta by Lessee hen ode) as mutually ag=e i upon by lessx Sol Lessee or,
failing Such agresm t Iri.or to the adjustment date, as set by blmbi arbitration.
eoth Parnas agree to cooperate with each other and to bake all reasonable steps to
facilitate Hn e. 3ps3itious resolution of any arbitration. Leasee shall �y mon da�wd
all expenses of arbitration, as adlltional rmtal tereur der, but lessee shall be
e¢itled to a credit for ore -half of such expenses against Hie rertal first due follow-.
fug tie adjustment date with respect to whicin there was arbitration. Adjusts] rental
shall be paid, retroactive to the adjusbrent date, within to days following the esta-
bldsdmaut of the adjustai =art 1 by azbitmtiw.
]. Pdi'JPSCQY TAXES. Leases shall pay WSa n due all taxes, charges,- assessmhs and
othu impositions lawfully leviel upon the leased p emaaes and He buxldings, ingzwr
,rents and fixtures on the leaeal Prendses by any guveru tal entity.
B. LNO41MP1Y. losses agrees to defect or cause to he defended and to indemnify and
l the Lessor harmless from end against ey and all manner of Claims, suits, expanses,
damages or causes a action for damages arising out of, or allegedly arisug out of,
in Wale on m part, the use or occupancy a the Pranises by lessee, its agents,
oantracmrs, employees and brrvibaes.
9. M+IlTyflatuCE. Lessee sha11, at its expecte, keep the less] Premises free of garbage,
.refuse and similar material and shall maintain all ingaw Brenta on the leased P=enises
in good condition and re[air,. reasouble x and tear only emceptad.
10. moi. IffSTBLCTIINS. db muisanoe shall le Ixnnuttsi to exist do Hue la s�
premises. No minerals (ircluling sed ed gravel do cc a tial quantity) shall be
removed frau the leassi presses ed no rock, earth, ballast, garbage or other
material depcsitai upon He leasat P=a=sses withont the prior written nonsent of
Lesson.
11. CASW W. In the event the inQrwemmts ¢ectad on He leased p=enises are
substantially destroyed by fire or o Casualty aN Lesson does rot, within two
years follw such casualty, rebuild for the ease and at a size
not vicealing those spsifial in this lease, tie Loeser may tercel this *m=e umn
notice to Lessee.
12. BQ'ABLT. The following events shall be deo al th be events of default hereunler:
(AI lessee shall fail to pay Wen due and' rest payable hereunder, (B) Lessee sdall
fail to mnoly with any off t provision of this Lease and shall not cure su h failure
of axVIiance within 30 days after notice thereof to Lessee, or if such failure of
Compliance Carvrot be aced within 30 days, if leasee shall not Promptly and diligently
uMerGke to cure such failure of ccmpltarce and Cause the sane to be cured as
Seen as Hue natae of the failure of miPli ce pewits, W) lessee stall make
a transfer in fraud of creditors or be adjudged bit or insolvent in any Pro-
ceeffi.ngs, (D) a receiver or t ustee shall be appofntad for all or substantially
all assets of Leases, (E) Lessee Sd l abaMon anry sv[atantial poRion of He leased
premises. upon the occurrence of any such event of default, Lessor may, in addition
to (and not instead of) 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 termination.
13. ENTRY. The Lessor, its agents and representatives shall have access
s to the
premises at all reasonable times for the purpose of inspecting the same and
securing compliances with the terms and conditions of this Lease.
14. NOTICE: Any notice required or permitted under this Lease shall be deemed to
have been given when actually delivered or when deposited in the United States
oil, first class postage prepaid, addressed as follows: To the Lessor: Bureau
of public Lands, State Capitol, Augusta, Maine 04333, Attn: Submerged Lands Division.
To the Lessee: at the address given by the Lessee below or at such other address
as Lessee may have theretofore specified by written notice actually received and
placed of record with Lessor.
15. ALTERATION. Lessee may make no alteration to the premises except that speci-
fically authorized by the regulatory permits which-areissued directly following
and which form a part of this Lease, without Letter's prior written consent.
16. IMPROVEMENTS. Upon the expiration or cancellation of the term hereof, regard-
less of the reason for same, Lessor shall become the own of all improvements and
structures erected upon the leased premises Or Lessor may, at its option, require
Lessee to remove all such improvements and structures at Lessee's expense and to
restore the premises to the condition in which they existed at the commencement of
the term hereof.
17. MISCELLANEWS. This Lease shall be binding upon and shall inure to the benefit
of Lessor and Lessee and their respective successors, assigns and legal representa-
tives. Failure of either party to complain of any act or mission an 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. No waiver by either party
at any time, express or implied, of any breach of any provision of this Lease, shall
be deemed a waiver o£ or a consent to any subsequent breach of the same or any other
provision. Lessee may not, without Lessor's prior written consent, file this Lease
Of record, o r permit the same to be filed of record. Lessor makes an
warranty of Loses's leasehold estate and in the event of airy lawful ejectment of
Lessee. Lessor shall refund to Lessee any rentals theretofore paid to Lessor here-
under. Lessee shall comply with all applicable laws, regulations and ordinances
of governmental entities having jurisdiction over the leased premises. This lease
contains the entire agreement of the parties and may not be modified except by a
writing subscribed by both parties.
The Lessee expressly agrees to all terms and conditions herein, and binds
himself for the payment of the rental hereinbefore specified.
Executed this day of
Lessee:. Lessor: state of Maine, Department of
Conservation, Bureau of public laMs
By
(Director)
(Print name and Title)
Lessee's Address:
City of Bangor
ATTN: Sohn Frawley, City Eng.
Eangor, Maine 04401
4E �L._ q
8 moi/ jus � /l l`
it
(ref'
�
t
h
1
�