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HomeMy WebLinkAbout2006-07-24 06-276 ORDERItem Date: 24 July 2006 Item/Subject ORDER: Authorizing an Amendment to a Lease with the Army National Guard Amending the Boundary Line to Allow Improvements at the Facility Responsible Department: Alport Commentary: As part of the Maine Army Guard's recent hangar construction project, they repaved their aircraft parking apron. There is a small section of pavement adjacent to their leased area that is in poor condition and is a significant hazard to both Any and civilian aircraft. The Maine Amry National Guard and the Airport are proposing to amend the existing lease to include this area so that the Guard has a long term interest in the property. By giving the Army Guard a long term interest in the property, this area will be eligible for federal funding through the military construction funding program. The Army Guard anticipates being able to acquire funds for the project in this fiscal year. Rebeaa Hupp Department Head Managm's Comments: The proposed Lease Amendment was rev(med and recommended for approval at the June 6, 2006 Transportation and Infrastructure Committee meeting. City Manager Associated Information: Order, Lease Amendment amu_ -I a � . i AMM x passage CONSENT _ First Reading page _ of _ Referral 06 276 Aasignedb Cowctm wstvrco July 26, 2006 INN �I CITY OF BANGOR ...o (TITLE.) : ORDER: Authorizing an Amendment to a Lease with the Amry National Guard Amending the Boundary Line to Allow Improvements at the Facility Sy one Gly Council oftl a City ofBarrgor. ORDERED, WHEREAS, the dry is the owner of an airport commonly known as "Bangor International Airport", formerly known as Dow Air force Base, located in Bangor, Maine (hereinafter sometimes referred to as "BIAff); WHEREAS, the City and Lessee entered into an Indenture of Lease dated 6 November 1996 for certain lands located at BIA; WHEREAS, Said Leasee desires to modify the boundary of the leased parcel to allow it to install certain site Improvements; and WHEREAS, it is in the parties' mutual interest to allow Lessee to install the Improvements; NOW, THEREFORE, BE R ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the City Manager and/or Airport Director Is authorized W amend the Said lease agreement With the Army National Guard, in a form substantially similar to the draft attached hereto. IN CIW COUNCIL July 26. 2006 p # 06-276 cxxl veva ORDER Authorizing an Amendment to a Leese �v th tha 'MtlGaal Goa[6— H nding the Boundary Line Co Alloy Improvements a[ C eat ty Af��gmdb Csuetibe N ^�/�p/�O� BGR GE; 276 wca " Interoffice Memorandum To: Trouspacradimit and Infrostrucmre Committee Co: uBarrett From: Rebecn Hupp Ra Request to Amendment to the Army Guard Lease Data. Wednesdoy May 31 2006 As pat of the Meioe Army Gain's ration ban on contractor psanac" they rgmved Nca aiccmft paldng apron Tlrte is a email Reardon of prantion adjacevl OR tlwir leased area dist is in poor condition and is a sWidtaant Initial III bosh Army sod clvilim avcmfi. Hla Mame Ahoy Nod od Goad and the Arpo tis proposing ere ammud the exmhng lease include this mea no dent they have a long tmsn ,acre, . We property. By giving tre Almy GuaM a long noun nonacid in tri property, this Rican i0l be epi®ble the federal funding though the military comhuchm tending pta r The Amry Guad amclpda being able to Requhe fumv fm the pmjW in this Final Year Ah anted Please find a Ropy of the proposed amendment, foe lease diagram and the property description Ithas berm rc aavred and apPmved by IegaL Tue Airpod mq'sms ro"eatrorimom[o®end"" Imre. I look EdwardIn discrasisg do with you fuMcr. As always, if you laveany questioos, in if you n.M additional infmmRVon, Time feel hie to Conant me- 66 276 THIRD AMENDMENT OF INDENTURE OF LEASE THIS THIRD AMENDMENT OF LEASE, is executed this _ day of 2006, by and between: CITY OF BANGOR, a municipal corporation having its Principal offices 73 Harlow Street, Bangor, County of Penobscot, State of Maine (hereinafter sometimes referred to as the "City'); and STATE OFMAWE MILITARY BUREAU, an agency of the State of Maine with a regular place of business at Bldg k8, Camp Keyes, Augusta, Maine (hereinafter sometimes refined to as "Lessee') Wj9 V wce)31 flP WHEREAS, the City is the owner of an airport commonly lmown as'Bangor International Airport", formerly known as Dow Air Force Base, located in Bangor, Maine (hereinafter sometimes referred to as "BIA'); WHEREAS, the City and Lessee entered into an Indenture of Lease dated 6 November 1996 for certain lands located at BHA; WHEREAS, said Lease desires to modify the houndary of the leased parcel to allow it to install certain site improvements; and WHEREAS, it is in the parties'namual interest to allow Lessee m install the improvements; NOW, THEREFORE, for one dollar and other valid consideration, the suffici®cy, of which both parties acknowledge, the parties do centrally agree as follows: 1. The Indenture of Lease between the City anal Lessee dated 6 November 1996 is hereby amended as fllowe: Paragraph 1, Leased Areas, is amended by adding the parcel described in Exhibit A. a copy of which is attached hereto, to me demised premises. 2. All other forms and conditions of the said indenture of Lease sball remain in full force and effect. 06 276 M WITNESS W 11 R 0E, the parties hereto have set ther hands and seals the day and year written above. By: Edward A.Bmred Its: Ony ma MAINE ARMY NATIONAL GUARD 36 276 OEST Associates, Inc. maommnnma un vmnim uF wtmmtt ml¢oTni.nm fex Rwlnsun ^•+� eo F.maNmW®outran Waeeh:mr.[aslmn 39205.01 OvwberA 2045 DESCePI'ION OF LEASE ARRA LOCATEDONTREPBOP 017 THECGYOFBAN A owwin Pend etas, wiles City ofRmBw, Pmobuot Camay, Wism, lsawd uzNulY, lost not adlanenww iddtd Avame, daoiMd as fAbwa: R,gimdng at the eowya , coma, offend ddsdb da'Txiwiy RamiaPmsi^ NO Imes from dm aV of 6.1996 add peiptbeaneloa 920 tee[dirow mMueOely at n� smi; s w Shtimu3N50 OkUl f fid cmte210iveeofthe fnmvs NEBW =dWl These,S21°-15'34"W, aSmg lad dswibW a'L Mt Hdiddid PaldnB Patle"in l4aw No. DACA 51-5-85-328 and P ddad, im Om Mem,A y Ndimal Guetd by Pewdt DAG 51-0416-0.a dutame of 331.30 isl m uuNwest ,radar of said "land fes lfelimptw Paddng Pedes" l ddc.S n-AS'-12"E,lanaaid "land Wt Heliw WPmtin6pads"P M 43 feuto a Point; Thins, S)6° -33W' W, d=Mh lmdOfth,(dwaw, 140.50 feet W apoink Thens, N 7r -2041-W, dwuph 1514 of Om Uiddad 458.49 fed epoiR: Thence, N 71°-28'-44^ W, 6d"& land adid Omnme, 461.81 fs[roa Road epi'd said the pawmmt: BRmxce, N21° -15'-54"B. tlo-onph land ofdid fL W,405.55 feet W dx mu4mst Owns ofafmseid 'Tuiwn RanW Pertc1;^ 1'hwwa. 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