No preview available
HomeMy WebLinkAbout2004-06-14 04-191 ORDER]tem No. 04-191 pate: June 14 2004 Item/Subject: ORDER, Authorizing the City Manager t0 Execute an Amendment to Lease with State of Maine, Military Bureau Responsible Department. Legal The Maine Amry National Gould washes to amend a current Lease with the Clty to add approximately 11 acres of City land for the purpose of renovating and expanding the Amry Aviation Support Facility. The Guad expects one Improvements will cost In excess of $14 million dollars. A proposed access road to Bangor International Airport Dosses a portion of the additional acreage. The amendment m the Lease will accommodate the proposed road and will include a - construction schedule. This was reviewed by the Transportation and Infrastructure Committee which recommended . /� City Manager Associated Information: Legal Description Budget Approval: r, Finance Director Legal Approval: City Solidtor Passage _ First Reading - Page 1 of -�L Referral 04-191 AaSigndl tO COuncilm D'Ei[[c0 Juve 14, 2004 CITY OF BANGOR (TIRE.) ORDER, Authorizing the City Manager to Execute an Amendment to Lease with State of Maine, Military Bureau by the City Councll of toe Qty of danoon ORDERED, Military Bureau, are parties to a Lease dated November 1997; and WHEREAS, the Maine Army National Guard wishes to amend said Lease to add approximately 11 acres; and WHEREAS, the Maine Army National Guard will use said additional land to renovate and expand the Army Aviation Support Facility and other improvements having a value In excess of $14 million dollars, NOW, THEREFORE, by the City Coundl of the City of Bangor, be it ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an amendment of the Lease between the City of Bangor and the State of Maine, Military Bureau to add the property described in the attachment hereto. Said amendment will include a construction schedule and provisions to accommodate a proposed airport access road. The amendment shall be in a final form approved by the Office of the City Solicitor. Ip CI1R COOXCIL Swe 16a 2006 Paeeed T[ R Den ER RITLEJ lautho[iz1aR the city Ravage[ to cute a o Lease with state of Rvise.uMlitary Bureau Assigned to Councilor 11/� ,'/ (LTCR)Brandt(21 April 04 SI3B3ECT: I.BGAL Descriptions for New Bangor Parcels 1. Handstand or Tardwav Ramo: fParcelA 06-191 A certain tract a pardel of land situated adjacent the existing Army Aviation Support Facility at Bangor Intmiational Airport, in the City of Bangs, County of Penobscot, State of Maine, and onto particularly described as follows to wit: Beginning at the Northwest comer asaid land leased from the City of Bangor to the United States a America on 24 September 1985, described as"Land for Helicopter Pudding Pads" in Lease No. DACA 51-5-85-328 and permitted to the Maine Army National Guard by Permit No; DACA514-86-40 and being the Southwest comer of land leased b the MEARNG by the City of Bangor, dated 18 April 1997, including Amendments t and 2 dated 1 October 2001, said point is Thence (S 20"-30' -00" W) along westuly line of the above mentioned, "Land for Helicopter Pauling Pada" 315.00 feet to a point, said point being located 920 feet distant Southeasterly at right angles b station 33+50 of the centerlines of N SW runway, Thence at a bearing of (N 69°-30'- 0(yV) for a distance of 160.00 feet to the approximate edge of paveraent to a point, said point being located 760 feu distant Southeasterly at right angles to station 33+50 of the centerline of N&SW runway, Thence at a bearing of (N20° -30'-00B) for a distance of 1305.00 feet to a point, said point being Induced 760 feet distant Soutbeastedy at right angles to station 46+55 of the centerline of N SW runway, Thence at a heading of (S 69"-30' -00" E) for a distance of 160.00 feet to a point, at the Northwest comer of land leased to the MEARNG by the City of Bangor, deed 18 April 1997, including Amendments l and 2 dated 1 Ocwber 2001, said point being located 920 feet distant Southessearly at right angles to station 46155 of the centerlim of NE -SW runway, Tbence at a bearing of (S 20'- 30'- OVW), 990 feet along the westerly line of land above mentioned leased to the MEARNG by the City of Bangor, dared (18 Apri11997 & t October 2001) to a point at its Southwest comer being the point of beginning. The above-described parcel contains 4.79 acres, ante or less. 2, Controlled Humidity Storage Building: (Parcel B) A certain tract or parcel of land shouted adjacent to the existing Army Aviation Support Facility (AASP) and Organization Maintenance Shap (OMS # 3) at Bangor International Airport, in the City of Bangor, County of Penobscot, State:sif Maine, and more particularly described as follows to wit: Beginning at the Northwest coma of land leased from the City of Bangor in the United Stales of America an 24 September 1985, described as "Land for OMS Ares" in base No. DACA 51-5- 85-328 m the Deportation of the Army, Corps of Eagiveem and permitted to the Maine Army National Guard by Permit No. DACA51-48640, said point being in the Easterly line of land Leased to the MEARNG by the City of Bangor, dated 18 April 1997, with Amendments 1 and 2 dated t October 2001, said point also being 1,505 feet distant SouNeasrerly at right angles to Station 40H0 of the centerline of the former NE -SW Runway; Thence, (N 20-30' -00" E) along the Easterly liar of said land leased m the MEABNG by the City of Bangor, dated 18 Apol 1997, with Amendments 1 and 2 dazed 1 October 2001 but a distance of 625.00 feet to a point at the Northeast caner of said land leased to the tai R Gby the City of Bangor, dated 18 April 1997 & 1 October 2001, said point also being 1,505 feet distant Southeasterly in right angles in Station 46+55 of the centedtine of the former NE -SW Runway; and being 1,954 feet distant Southeasterly a right angels to Station 46+59.54 of the centcchne of NE -SW Runway; Thence, at a bearing of (52O-30'- 00" W) along the apparent Westerly sideline of said Floods Avenue a distance of 629.54 feet to a point at the Northeast comer of said land leased farm the City of Bangs to the United States of America on 24 September 1985, described as "R d fa OfvLS Area," said point also being 1,954 feet distant Southeasterly at right angles in Station 40+30 of the cemerline of the forma NE -SW Runway; Thence, at a bearing of (N 69-W'- 00" W) along the Northerly line of sad'Tsnd for OMS Area," a distance of 449.00 feet to the point of beginning. The above described parcel contains 6.47 acres, more or less. T131RD AMENDMENT TO LEASE By agreement ofthe CITY OF BANGOR and STATE OF MAINE, MILITARY ',�l BUREAU, the Lease between the parties dated November 6,1996, is amended tltis Il� day of2004, as follows: Paragraph 1 is amended to add the following described parcels of land which abut the Premises originally described in the leased premises W the lease: 1. Tadwav Ramo Pareel: A certain tract or paced of land situated adjacent the existing Army Aviation Support Facility at Bangor International Airport, in the City of Bangor, County _ of Penobscot; Sate of Maine, and more particularly described as follows to wit: Beginning at the Northwest comer of said land leased from the City of Bangor to the Uvted States of America on 24 September 1985, described as "Land for Helicopter Perking Pads" in Lease No. DACA 51-5-85-328 and permitted W the Maine Army National Cruad by Pemdt N9. DACA514-86-40 and being the Southwest coma of land leased to the MEARNG by the City of Bangor, dated O6 November 1996, including Amendments 1 and 2 dated 1 October 2001, said point is also being located 920 feet distant Soutbeasterly at right angles W Station 36+65 of the centerline of the former NE -SW Runway; Thence (S 20°— 30'-00" W) along westerly line of the above mentioned, "Land for Helicopter Packing Pads" 315.00 feet W a point, said point being located 920 feet distant Southeasterly at right angles to station 33+50 of the centerline ofNB-SW runway, Thence a a bearing of (N 69°-30'— 00"W9 for a distance of 160.00 feet W the approximate edge of pavement W apoint, said point being located 760 feet distant Sondreasterly at right angles W station 33+50 of the centerline of Nib- SW &SW runway, Thence at a bearing of ON 20°-30'— 00 E) for a distance of 1305.00 feet W a point, said point being located 760 feet distant Southeasterly 9 right angles W station 46+55 of the centerline of NE -SW runway, Thence at a hearing of (S 690 — 30'— 00" E) for a distance of 160.00 fret W a - paid, at the Northwest comer of land teased W the MEARNG by the City of Bangor, dated 18 April 1997, including Amendments 1 and 2 davd 1 October 2001, said point being located 920 feet distant Southeasterly at right angles W station 46+55 of the centerline of NF -SW runway, Thence at a bearing of (S 20°-30' —00" W), 990 feet along the westerly line of land above mentioned leased W the MEARNG by the City of Bargon, dated (18 04-191 April 1997& 1 October 2001) to a point a its Sculhwest comerbeing the point of beginning. The above-described panel comains 4.79 acres, more or less. 2. Florida Avenue Parcel: A certain tract or parcel of land situated adjacent to the existing Army Aviation Support Facility (AASF) and Organization Maintenance Shop (OMS # 3) at Bangor International Airport, in the City of Bangor, County of Penobscot, State of Maine, and more particularly described as follows to wit of land leased from the City of Bangor to the Area" in Lease No. DACA 51-5-85-328 to the Department of the Army, Corps of Engineers and permitted to Its Mame Army National Guard by Permit No. DACA51-48640, said point bang in the Easterly line of land Leased w the MEARNG by the City of Bangor, dated 06 November 1996, with Ammdmmts 1 and 2 dared 01 October 2001, said point also being 1,505 feet distant Southeasterly at right angles to Station 40+30 of the centerline of the former NE -SW Runway; Thrace, (N 20"-30' -00" E) along the Easterly line of said land leased to the MEARNG by One City of Bangor, dated 06 November 1996, with Ammdmmts I and 2 dated 01 October 2001 for a distance of 625.00 feet to apoint at the Northeast coma of said land leased to the MEARNG by the City of pauper, dated 06 November 1996 & 01 October 2001, said point also being 1,505 feet distant Southmsterly at right angles to Station 46+55 of the centerline of the former NE -SW Runway; Therm, at a bearing of (S 70"-04' -45"E), parallel to 19 fen Northely of said fence and a distance of 449.02 feet to 4point in the apparent Westerly sideline of Florida Averue, so-called and being 1,954 feet distant Southeasterly A right angels to Station 46+59.54 of rhe centerline of NE -SW Runway; Therese, at a bearing of(S20°-30'-0(" W) along the apparent Westerly sideline of said Flonda Avenue a distance of 629.54 feet to a point A the Northeast comer of said land leased from the City of Bangor to the United States ofAmeice on 24 September 1985, described as "Land for OMS Area," said point also bang 1,954 felt distant Southeasterlyat fight angles to Station 40130 of the centerline of the former NE- SW Runway; Thence, at abearing of (N 69°-00' - 00" W) Gong the Northerly line of said "Land for OMS Area," a distance of 449.00 feet to the point of beginning. The above described parcel contains 6.47 acres, more or less. The CITY OF BANGOR specifically retains and reserves from the above described parcel aright of way for the purpose of establishing a public way for utilities, pedestrians and motor vehicle for future access to and from Badger International Airport. Said right of way is bounded and described as follows: A certain 100 foot wide right of way miming through laud of the Grantor and located westerly, of Florida Avenue, lying between Hayes and Johnson Sheets, iv the City of Bought, County of Penobscot, Some, of Maine, being bounded and described as follows: Beginning a apoint in said Florida Avenue located approximately 670 feet WW,ami ro ul d- }waiting ?e northeast comer 8-- comer 222.79 feet from a m e led spike stet by samarking the northeast comer of aproposed 6.47 awe leased area by said Army National Guard - Thence, 5 21"-18'-54"W, within Florida Avenue, 126.3 9 fest to a pump Theacq N 30°-59'-09" ,through said proposed lease area, 5 63 63 fret to point on the northerly sideline of said proposed lease area lot, said point also located S 69°-15'-52"B, 3.04 feet from allo. 5 relod set mmking the northwest wryer of said proposed lease area lot; Thence, S 69°-15'-52'E, along the northerly sideline of said proposed lease area Id, 161.42 feet to a pomp Thence, S 30°-59'-09'T, through said proposed lease area lot, parallel to and 100.00 fret from the 2"'course as called above, 359.62 feet to the point of beginning. For fiuther reference, see plan entitled `State ofMaine -Military Bureau - Maine National Guard" -Addition Topography -Existing Conditions - Organizational Maintenance Shop # 3 BIA, Burger, Maine, by OEST Associates, Inc., dated Jmi 2004. Bearings me based on Maine Stare Grid Coordinate System, East Zone, (NAD 83). pamgmph 1 of the original lease dated November 6, 1996, is amended by deleting the word "aviation" w drat it reads: ".. to be used by the STATE for Army National Guard purposes" ht at other respects the Lease between the parties remains in full face and effect. Oh -191 IN VMNESS WHEREOF, the perces have set they hands this -Eday of &644 ,2004. STATE OF MAINE, MILITARY BUREAU 5A - Wi ss 'ev o W. Llbby n Adjuvant Gev KENNEBEC, ss d3 Q,eyA 2004 Then personally appeared the above -mimed BRIGADIER GENERAL JOHN W. LIBBY, in his capacity as The Adjutant Geueml for the Maine National G=d, and acknowledged the forgoing instrumentm be his free act and den! m his said capacity. And free act and deed. Before me, ory,t` Neemle]h Anomeya W Print Name: -P fe &YJ� y My Commission Expires: V CITY OF BANGOR PENOBSCOT, ss �� 2004. 'Ihenpmscm y appeared the above-named EDWARD A. BARRETT, m his capacity as CityManager for the City of Bangor, and acknowledged the t forgoing instrument to be his free act and deed in his said capacity, Md fro act and deed of said body Corporate. Before me, 44LT4 taz Pabl'04VomeY at Law Print Name: My Commission Expires: NOTARY PURLIC� rvi 111 MYCOMMIE5104EMPIOEUTA ARY11,2011 04-191 Construction Schedule Design: - M/n design by 29 APR 04 -95% design review ar National Guard Bureau from 17 May -14 JUN 04 -100%desig, by 13 JUh o4 -Bid 13J -26 AUG 04 -Award not later than 27 SEP M Conatracuon (will be determined by The GCs consmnction schedule, but anticiparo the following): - - -18 month conarmctimr schedule; construction complete APR 2006. We would prefer a 12 month construction schedule, but that may not be practical since we are stinting constracdon in the fall... winter - wnsnvctionisnotideal. This construction will be via a federal contract.