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Home My WebLink About2010-07-26 10-259 ORDERCOUNCIL ACTION Item No, i. ! 1 :,,J9 Date: July 26, 2010 Item/Subject: Authorizing City of Bangor to Execute an Amendment of Lease, Supplemental Agreement No. 5", with United States of America — Bangor International Airport Responsible Department: Legal Commentary: The Air National Guard operates an Aircraft Rescue and Fire Fighting (ARFF) station that serves both military and civilian aircraft under a lease with the City that terminates in 2085. Last year the Air National Guard decided it would like to expand the ARFF station. The expansion requires approximately .67 additional acres of land abutting the leased land. By Council Order 09-267 the City Council approved a lease of the additional .67 acres of land for a period of fifty years through 2059. The Air National Guard has requested that the lease of the additional .67 acres be for the same term as the lease for the ARRF station. This Order will amend the original lease for the ARFF by adding the additional land rather than have two leases. This has been reviewed and re commended for approval by the Airport Committee. Manager's Comments: Associated Information: Order, Lease Budget Approval: Legal Approval: Introduced for x Passage First Reading Referral Department Head Interim City Manager Page _ of _ nance Director Cly Solicitor C� �:'59 Assigned to Councilor — Wheeler July 26, 2010 b. I♦ `O CITY OF BANGOR (TITLE.) ORDER, Authorizing City of Bangor to Execute an Amendment of Lease, Supplemental Agreement No. 5", with United States of America — Bangor International Airport WHEREAS, the City of Bangor owns and operates Bangor International Airport; and WHEREAS, the Maine Air National Guard has several facilities adjacent to the Airport and leases some Airport land for its own use; and WHEREAS, the Air National Guard operates an Aircraft Rescue and Fire Fighting (ARFF) station that serves both military and civilian aircraft under a lease with the City that terminates in 2085; and WHEREAS, the Air National Guard would like to expand the ARFF station; and WHEREAS, the expansion requires approximately .67 additional acres of land; and WHEREAS, it would be advantageous to both parties to have this expansion; and WHEREAS, by Council Order 09-267 the City Council of the City of Bangor approved a lease of the additional .67 acres of land for a period of fifty years through 2059; and WHEREAS, the Air National Guard has now requested that the lease of the additional .67 acres be for the same term as the lease for the ARRF station; and WHEREAS, it is in the interests of both parties to amend the current lease for the ARFF by adding the additional land rather than have two leases. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OR THE CITY OF BANGOR, that Council Order 09-267 is hereby superseded and replaced with this Order and Robert W. Farrar, Interim City Manager, is hereby authorized, on behalf of the City of Bangor, to execute an amendment to a lease with the United States of America. Said amendment shall be substantially in the same form as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL July 26, 2010 Passed < � "I If DEPUTY CITYERK�� #10-259 (T1TLR,)_Anthnr�Gi tvof Bangor to EXprn a an Amendment of Lease, Supplemental AgT-Dement Noz S". with United States of America Bangor International Airport Assigned to Councilor kv- j' 59 HGR BANGOR INTER'NATIONA.L To: Airport Committee From: Rebecca L. Hupp AIRPORT CC: Bob Farrar, Norm Heitmann Re: Request from the Air National Guard to Amend Land Lease Date: July 14, 2010 In July of 2009, the Maine Air National Guard requested to lease about 1/3 acre of Airport land adjacent to the Aircraft Rescue and Fire Fighting Facility (also leased from the City) so that they could expand their existing fire station. The Guard requested a no -cost lease for 50 year in order to be able to invest federal funds in the construction of the facility. The lease would terminate in 2059. The Council approved this request. The lease for the original portion of the Fire Fighting Facility terminates in 2085. After realizing this the Guard would like the new lease to also terminate in 2085 rather than 2059. Because the new lease was not signed by the Guard the more efficient way to accomplish this is to amend the original lease to increase the size of the leased premises. Staff recommends approval. I look forward to discussing this with you in greater detail. As always, please feel free to contact me if you have any questions or if you would like additional information. 11) 59 DEPARTMENT OF THE AIR FORCE BANGOR INTERNATIONAL AIRPORT, MAINE Supplemental Agreement No. 5 Lease No. DACAS1-5-86-195 THIS AGREEMENT entered into this day of 2010. WHEREAS, on 25 April 1986 the City of Bangor, Maine, hereinafter referred to as the "Lessor", granted a fifty-year Lease for military purposes (No. DACA51-5-86-195) to the United States of America, hereinafter referred to as the Government, commencing 6 February 1984 and ending December 31, 2034, with an option to extend the lease for an additional term ending December 31, 2085, over approximately 86.61 acres of land, together with improvements; and, WHEREAS, by Supplemental Agreement No. 1 dated 30 June 1995, the description contained in Exhibit "A" of said lease was deleted and a more accurate description, depiction, and addition to the premises (consisting of 89.07 acres, more or less) was substituted in its stead, attached thereto and made a part thereof as Exhibits "A-1" and "B-1"; and, WHEREAS, by Supplemental Agreement No. 2 dated 28 March 1997, paragraph 2 of said lease was amended to add approximately 68.9 acres of land, for a total of approximately 157.97 acres, including any and all buildings and improvements, as described in Exhibit "C"; and, WHEREAS, by Supplemental Agreement No. 3 dated 24 January 2004, paragraph 2 of said lease was amended to add approximately 0.189 acres of land, for a total of approximately 158.159 acres, including any and all buildings and improvements, as described in Exhibit "D" and depicted on Exhibits "E" and "E-1"; and an EBS was added to the lease as Exhibit "F"; and, WHEREAS, by Supplemental Agreement No. 4 dated 16 August, 2006, paragraph No. 3 of said lease was amended to change the ending date for the term of said lease to 31 December 2085 and to delete the words "Military Purposes" and insert in their stead the words "Air National Guard/Air Force purposes"; and, WHEREAS, it is mutually desired to add approximately 0.67 acres of land to Lease No. DACA51-5-86- 195, including any and all buildings and improvements thereon; NOW, THEREFORE, in consideration of the mutual benefits to be derived hereunder, the parties hereto do amend the Lease in the following respects and in these respects only: 1. The following words are added to paragraph 2 of lease "Together with a certain parcel of land consisting of 0.67 acres, more or less, including any and all buildings and improvements thereon, as described in Exhibit "G" attached hereto and made a part hereof and as depicted on Exhibit "H" attached hereto and made a part hereof." 2, The Government's total leasehold contains 158.829 acres, more or less 3. All other terms and conditions of said Lease No. DACA51-5-86-195 except as amended by this Supplemental Agreement No. S and prior Supplemental Agreement No's 1, 2, 3, and 4, shall remain unchanged and in full farce and effect. IN WITNESS WHEREOF, I have hereunto set my hand by the authority of the Secretary of the Air force this day of 2010. By: THE UNITED STATES OF AMERICA Secretary of the Air Force Chief, Air Force Real Estate Division Deputy Assistant Secretary of the Air Force (installations) The above instrument together with all conditions thereof, is hereby accepted this _ _ day Of 2010. By: CITY OF BANGOR City Manager