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Home My WebLink About2002-01-28 02-88 ORDERCOUNCIL ACTION Item No. 02-88 Date: January 806 8008 Iteml3ubject: The City Manager, on behalf of the City of Bangor, be authorized to execute lease vAth the United States of Arrierica for .189 acres of land at Bangor International Ai rt commonly knoom a5 the Id heaw duty Responsible Department: Airport Commentary: The City had a no St lease with the Department of the Army, Corps of Engineers for this small piece of land. The lease expired December 7, 2001 and the Amey would like to continue to lease the land for Swo years with a two year renewal option. The Maine Air National Guard udittes this land under this lease. Rebecca Hupp Department Head Manager's Comments: City Manager Associated Information GL Finance Dlrecwr Legal Approval: City Sobeitor Introduced fur grn.N' Passage _First Reading _ Referral Page i of_)_ f- ry Aast"ea to Councilor Fa=In8tw Senua2 Ia. 4004 M CITY OF BANGOR 119 D. INN (ITLE.) Order, That the City Manager, on behalf of the CIN of Bangor. be authorized to execute lease with the United States of America c f land at Bangor International Airport commonly known as the Id heavy duty ramp By Me City Lbuncyl of the Ery ar'BWW.. WHEREAS, The United States has been leasing .189 acres on the Airport commonly known as the old heavy duty ramp and that lease has expired; and WHEREAS, The United States wishes to continue leasing the properly; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGORTHAT The City Manager, on behalf of the City of Bangor, be authorized to execute a lease with the United States of America for .189 acres of land at Bangor International Airport commonly known as the old heavy duty ramp. rIA CITY COUNCIL Jesus" 28, 2002 Notion Made and seconded for Passage Passed cx 02-88 ORDER Title, That the City Manager, on Behalf of the City of Bangor. Be Authorised to Execute a Lease with the United States of America for .189 Acres of Land at Bangor International Afryort Commonly Assigned to Bnnw as the Old Heavy Duey Ramp Councilor OT—a9 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, New England District LAND LEASE BETWEEN THE CITY OF BANGOR, MAINE AND THE LNITED STATES OF AMERICA 1. THIS LEASE made and entered into this day of January, 2002, by and between the CITY OF BANGOR, MAINE, AIRPORT DEPARTMENT whose address is 287 Godfrey Boulevard, Bangor, Maine 04401, hereinafler called Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties herein far the consideration hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Govemmentthe following described premises,viz: Land consisting of 0.189 acre, more or less, simsed inthe City of Bangor, County ofPemobscm, Stare of Maine, as out reed in red on amp marked "Exhibit A" and some particulmly described as follows: Beginning at apoint said point being more particularly described as the Northern most gate post of gate number 36 of so called "Old Heavy Duty Ramp" at Bangor International Airyorl; thence proceeding Northwesterly along existing airport boundary fence 165 fee, more or less, thence Southwesterly M right angle m previous course 50 felt, more or less; thence Southeasterly at right angle in previous course 165 feet, more or less; thence Northeasterly at right angle to previous course 50 feet, more or less, to Point of beginning. tobeuseciforthefollowing Purpose: Goveramentpurposes (including the construction, operation,andmahne mofa4mpomrybuilding). 3. TO HAVEANDTO HOLD the saidpremises for0u:tombegiwing December 8, 2001 through December 7, 2003. 4. The Govemmentshallpayrhe Lemorrent Mthefollowingmte: Nocemalpaymentis required. 5. Ire Government shall have the right during the existence of this lease m attach Bxamrs, and erect structures or signs, in or upon Ne premises hereby leased, which fixtures and Mmctures, or signs, an placed in, upon or attached to the said premises shall be and remain the property of the Govem hent and may be removed or otherwise disposed of by the Government. 6. The Government may terminate this lease at my time by giving thirty (30) days' notice in writing to the Lessor, and no rental shall accrue after the effective date oftemmhation 7. Any notice ander the terms of this lease shall be in writing signed by a duty authorized representative of the party giving such notice, and if given by the Govemment, shall be addressed to the Lessor at 73 }larlow Street, Bangor, Maine 04401; and if given by the Lessor shall be addressed to William E. Edwards, Chief, Air Force Real Estate Division, U.S. Army Corps of Engineers, New England District, 6% Virginia Road, Concord, Massachusetts 01742-2751. g. The Lessor waroos;that no person or selling agency has been employed or retained to solicit or secure this lease amen an agreemrnt or as im mnding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or been fide established commercial or selling agencies maintained by the Lessor for the purpose of waning business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in it discretion, to deduct from the lease price or consideration the hall amount of such commission, percentage, brokerage, or contingent fee. 9. No member of or Delegate to Congress or Resident Commissioner shall be admitted to any there or part of Nis lease or to any benefit that may arise therefrom, but this provision shall not be construed to extend m this lease if made with a corporation for its general benefit. 10. (a) The Governmem, by written notice to the Lessor, terminates the right of Ne Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gigs, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to my officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending, or the making of any delenuinations with respect to the performing of such lease; provided that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent corm. (b) In the event this Iowa is terminated as provided in pantograph (a)bereof, the Government shall be entitled (i) to pursue the once remedies against the Lessor as it could pursue in the event of breach of the lease by the Lessor, and (ii) m a penalty in addition to my other damages to which it may be aaided by law, to exemplary, damages in an mom (as determined by the Secretary of the Army or his duly m horisd representative) which shall be not less that throe nor more Nan tat times the costs incurred by the Lessor m providing my such gratuities N my such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive sad are in addition to my other rights cod remedies provided bylaw orunder this lease. CERTIFICATE OF AOTHOUCV I, Norman S. Heianvm IB, certify ffu I am the City Solidtor for the City of Bangor, Maine; that Edward A. Barren of the City ofBangm, who signed the foregoing u a mment on behalf of the City of Bangor, was Nen City Manager of the City of Bangor. I fabler certify that Edward A. Barrett was acting within the scope of powers delegated to the City Manager by the governing body of the City of Bangor, Maine in executing said instrument. W WITNESS WHEREOF, I have hereunto set my hand, amW the seal of the City of Bangor, Maine this day of January, 2002. Norman S. Heitman IB City Solicitor City of Bangor, MB o2 -g8 Il. The Lessor agrees Nat the Comptroller General of the United States or any duly authorized representatives shall, until dse expiration of three (3) years atter final payment of the aged rental, have access to and the right to examine any directly pertinent books, documents, papers and records of the Lessor involving transactions related to this lease. 12. Addifional Conditions. a Notwithstanding provision 3 hereof, Us lease may be exronded for up m one additional two-year terms by mutual agreement. b. The Lessor may terminate this lease a[ any time by giving thirty (30) days' notice in writing to Lessee and no ma nl shall accrue order fire effective time ofnumeration. M WDNESS V FHERBOF, the parties have heremrto subscribed Netr manes as of the data fist above written. In presence of. CITY OF BANGOR, MA WB By Edward A. Barrett City Manager 73 Harlow Street Burger, MB 04401 THE UNfrFD STATES OF A IEMCA Secretary of the Air Foree By William H. Edwards Chief Air Force Real Estate Division U.S. Army Corps of Engineers 626 Virginia Road Concord, MA 01742-2751 9 yr �.,.�.... RM9WP TWE Ptl' = - OOGIIIpX sl 11 GATE 836 & 36A I 0.189+ Bangor International Airport - Lease Nn. DACA33-5-00-029 EXHIBIT "A" 101st CIVIL ENGINEER SQUADRON PROPOSED PROPERTY LEASE 1V r.laa I IOHM