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HomeMy WebLinkAbout2009-05-11 09-150 ORDERCOUNCIL ACTION Item No. 09 150 Date: May 11, 2009 Item/Subject: Order, Authorizing Request to Amend Deed Restrictions Contained in Deed from United States to City of Bangor — Hayford Park Responsible Department: Legal Commentary: In 1969, the United States conveyed property now known as Hayford Park to the City of Bangor. The deed to the City included a condition that the property be continuously used and maintained "as and for public park and recreational purposes" and another condition that the City could not "sell, lease, assign, or otherwise dispose of any of the property except to another local governmental agency that the Secretary of Interior, or his successor in function, is satisfied can assure the continued use and maintenance of the property for public park and for a public recreational area." The deed restrictions were amended in 1990 to permit the City to lease, sell or assign to a "nonprofit corporation organized and incorporated under the laws of the State of Maine" in addition to another local government agency. This order will authorize the City Manager or his designees to negotiate with the appropriate Federal agencies to amend the deed restrictions contained in the deed from the Untied States to the City of Bangor for the Hayford Park property to allow the City to lease to a for-profit company provided that the use does not negatively impact the use of the property as a public park or its recreational uses and provided that the revenue generated by the lease is dedicated for the benefit of Hayford Park. This is in response to a request to install equipment in the park from a cellular provider. This was reviewed by the Government Operations Committee which recommended approval. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Department Head City Manager Finance Director ZZ4 City Solicitor Assigned to Councilor BLANCHETTEJ B4,y.f+. MAY 11 2009 CITY OF BANGOR 9qy �~2 �R4iEDFE �.' (TITLE.) ORDER, Authorizing Request to Amend Deed Restrictions Contained in Deed from United States to City of Bangor -- Hayford Paris WHEREAS, in 1969, the United States conveyed property now known as Hayford Park to the City of Bangor; and WHEREAS, the deed to the City included a condition that the property be continuously used and maintained "as and for public park and recreational purposes" and another condition that the City could not "sell, lease, assign, or otherwise dispose of any of the property except to another local governmental agency that the Secretary of Interior, or his successor in function, is satisfied can assure the continued use and maintenance of the property for public park and for a public recreational area;" and WHEREAS, the deed restrictions were amended in 1990 to permit the City to lease, sell or assign to a "nonprofit corporation organized and incorporated under the laws of the State of Maine" in addition to another local government agency; and WHEREAS, it is in the best interest of the City to amend the deed to permit for-profit entities to lease a portion of the property with certain conditions. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR That the City Manager or his designees is authorized on behalf of the City of Bangor to negotiate with the appropriate Federal agencies to amend the deed restrictions contained in the deed from the United States to the City of Bangor for the Hayford Park property to allow the City to lease to a for-profit company provided that the use does not negatively impact the use of the property as a public park or its recreational uses and provided that the revenue generated by the lease is dedicated for the benefit of Hayford Park. IN CITY COUNCIL May 11, 2009 Pas 'fit 09-150 ITY CLERK __ ORDER (TrrLE,) AUTHORIZING REQUEST TO AMEND DEED RESTRICTIONS CONTAINED IN DEED FROM UNITED STATES TO CITY OF BANGOR — HAYFORD PARK Assigned to Councilor I