HomeMy WebLinkAbout2002-11-13 03-05 ORDERItem No o3 -0s
Date: Noinendper 13 2002
Item/Subject: ORDER, Authorizing the City Manager to Execute an Amendment to
Indenture of Lease Between the City of Bangor and the United States Air Form -- Land Lease
DACA 51-86-195
ResOonsibie Department: Legal
Commentary:
The United States Alr Farce has a short-term lease with the CIN of Bangor for 0.189 acres. The
lease expires December 31, 2003. The property is currently being used as a location for a temporary
mailer.
The United States Air Force also leased an abuUing parcel of land from the City of Bangor
consisting of 15].9] acres. That lease does not expire until 2039 and provides for an option M renew for
another 50 years.
The Air Force would Oke ro construct a permanent structure on the 0.189 acre parcel and Is
therefore requesting that the lease for that parcel he terminated and that the lease for the lager parcel
be amended to add the 0.189 acres.
This Order and a companion Omer will terminate the short-term lease and amend the long -tern
lease to accomplish this.
The Business and Economic Development Committee recommends approval.
Comments:
��nry
City Manager
Associated Information: Amendment to Indenture of Lease
Legal Approval:
City Solicitor
_ Passage
_First Reading Page 4 of 4
Referral
Amigadm Cconcllur Poleax November 13, 2002
CITY OF BANGOR
(TIRE.) ORDER, Authorizing the City Manager to Execute an Amendment to Indenture
of Lease Beaveen the City of Bangor and the United States Air Force —Land Lease
DACA 51-86-195
WHEREAS, the City of Bangor leases land to the United States Air Force consisting of
157.97 acres, more or less, by Lease dazed April 25, 1986; and
WHEREAS, the City of Bangor leases au abutting parcel of land to the United States
Air Force consisting of 0.189 acres, more or less, by Lease dated
March 1, 2002; and
WHEREAS, the United States Air Fame desires ro terminate the current lease for
0.189 acres and add the 0.189 to its cannot lease of 157.97 acres,
Now, therefore, by the City Council of the City of Bangor, be it
ORDERED,
]HAT the City Manager is hereby authorized and directed, on bebalf of the City of Bangor, to
acute an Amendment to Indenture of Lease between the City of Bangor and the Uvited States
Ah Force dated April 25,1986. A copy of said Amendment to Indenture of Lease is attache]
hereto.
IN CITY COUNCIL
Novevler 13. 2002
Passed
B 03 -OS
C yY MM
QLc Ej Authorising the City Manager to .
Indentureis M Amendment to
Bet eo the City of Borger andthe United
e
S. __ ____ 86_195
03-05..
AMENDMENT TO INDENTURE OF LEASE
THIS AMENDMENT executed Otis day of 2002, by and
between CITY OF BANGOR a body politic and corporffie, duly orgmiwd and existing
by virtue of Oe hi of the State of Maine, and being located in the County ofPanobacot,
State of Maine (hereimfter sometimes referred to as the City) and THE UNITED
STATES OF AMERICA (hereinafter sometimes referred to as the Government)
WITNESSETH
WHEREAS, by Indenture of Lease dated April 25,1986, the City leased to the
GOVerament certain approximately 89.61 acres of land, more or less, altruist at Bangor
Hmematimed Airport, Penobscot County, Bangor Maine, for asame beginning February 6,
19M through December 31, 2034, with a provision for an optional additional lease term
Offifty (50) years; and
WHEREAS, by Supplemeniffi Agreement No. 1 dated Lune 30,1995, the lease
was amended m Provide for amore aamffie description and depiction of the premises
and tu change the amount of leased land from 86.61 acres to 89.07 acres, more or less;
and
WHEREAS, by Supplemerael Agreement No. 2, the lease was amended to add an
additional 86.9 acres, more or less, at Bangor Intestional Airport to the lease; and
WHEREAS, the Croveromevt leases from the City a certain parcel of land
curtaining 0.189 acres of land, abutting the above described parcel pursuant to as
Indenave of Lease dated March 1, 2002; aM
WHEREAS, the Government wisbes to add the aforementioned 0.189 acres of
laud to the April 25,1986 lease, as amended, and In terminate the aforementioned March
1, 2002 Indenterm of Lease.
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 is added m paragraph 2 of the Lease" "Together with a eermin parcel
of lead consisting of 0.189 acres of land, more or less, including any and all buildings
and improvements thereon, as described in Exhibit D attached hereto and made a pat
hereof and w depicted m Exhibit D attached bereto end trade a part hcreof."
(2) The Govemmem's leasehold contains 158.159 aura, more or less.
03-05
Each and every otherprovisim of the Indenture of Lease dated April 25,1986, as
amended, shall remain in full force and effect.
M WITNESS WHEREOF, the parties herein have set duhr hands and seals the day and
year wrote above.
CITY OF BANGOR
Witness Edward A. Barrett
Cityma r
THE UNITED STATES OF Ah1ERICA
Witness Name:
Title: