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AN ORDINANCE TO APPROVE, CONFIRM AND RATIFY THE LEASE
OF PROPERTY OWNED BY THE TOWN OF EMMITSBURG
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WHEREAS,
the Town of Emmitsburg is the owner of 83.54 acres of
land located within the Town of Emmitsburg and which it
acquired by deed dated November 26, 1986 recorded among
the Land Records of Frederick County at Liber 1379,
folio 732 (“the Property”); and
WHEREAS,
the Town of Emmitsburg has agreed to lease to UGI
Development Company a portion of the Property for UGI
to, among other things, use that portion of the Property
to develop and construct a solar energy project and to
grant to UGI a non-exclusive easement for purposes of,
among other things, access to the leased portion of the
Property; and
WHEREAS,
the Board of Commissioners find that the portion of the
Property to be leased to UGI Development is not needed
by the Town during the period of the lease term; and
WHEREAS,
the terms of the Lease have been negotiated by and
between the Town of Emmitsburg and UGI Development
Company, and the terms of that Lease, a copy of which is
attached hereto as “Exhibit A”, were approved by the
Mayor and Board of Commissioners at a public meeting
held on September 23, 2013; and
WHEREAS,
pursuant to Section 2.04.050 of the Emmitsburg Municipal
Code, public notice of the proposed lease of the portion
of the Property to UGI Development was provided by
virtue of the discussion of the issue at meetings of the
Mayor and Board of Commissioners on September 16, 2013
and September 23, 2013; and
WHEREAS,
the Mayor and Board of Commissioners desire to formally
approve, confirm and ratify its approval of the Lease by
this Ordinance.
NOW, THEREFORE, BE IT
RESOLVED, ORDAINED AND ENACTED
by the Mayor and Board of Commissioners of the Town of
Emmitsburg that the Lease, including the grant of the
Easement referred to in Article II of the Lease, a copy
of which Lease is attached hereto as “Exhibit A” and all
attachments and exhibits thereto are hereby approved,
confirmed, and ratified; and it is further
RESOLVED,
ORDAINED AND ENACTED that the Mayor is and shall be
authorized to execute the Lease as well as such further
ancillary documents and take such further ancillary and
administrative measures as may be or become necessary to
complete the transaction; provided, however, that no
such actions by the Mayor shall make or result in any
substantive changes or revisions to the Lease without
further approval of the Board of Commissioners.
PASSED
AND ADOPTED by the Board of Commissioners of the
Town of Emmitsburg on the 3rd day of December, 2013
by a vote of 4 for, 0
against, 1 absent, and 0 abstain.