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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.