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A. If the expiring leasehold is not to be re-offered for lease the following schedule shall apply:

1. Improvements owned by the lessee on borough land shall, within 90 calendar days after the termination of the lease, be removed by the lessee, provided such removal will not cause injury or damage to the lands or improvements demised, and; further provided, that the mayor may extend the time for removing such improvements in cases where hardship is proven. All periods of time granted the lessee to remove improvements are subject to the lessee’s paying to the borough pro rata lease rentals for those periods.

2. If any improvements or chattels not owned by the borough which have an appraised value in excess of $5,000, as determined by the assessor or appraiser, are not removed within the time allowed, such improvements or chattels shall, upon due notice to the lessee, be sold at public sale under the direction of the mayor. The proceeds of the sale shall inure to the lessee if he placed such improvements or chattels on the lands, after deducting for the borough rents due and owing and expenses incurred in making such sale. If no responsible bids are received, title to such improvements or chattels shall vest in the borough.

3. If any improvements or chattels having an appraised value of $5,000 or less, as determined by the assessor or appraiser, are not removed within the time allowed, such improvements and chattels shall revert to, and absolute title shall vest in, the borough. Notwithstanding the foregoing, if the improvements detract from, rather than enhance, the value of the property, the borough may, after 60 days’ written notice to the lessee, remove those improvements at lessee’s cost. The lessee shall reimburse the borough for the expenses of such removal within 30 days after billing.

B. If the expiring leasehold is to be re-offered for lease or sale within one year of the lease termination, and the improvements have been allowed to remain in place, the borough shall state when re-offering the real property:

1. The estimated value of the authorized improvements remaining on the land placed there by the former lessee; and

2. That the purchaser or lessee will be required, as a condition of the sale or lease, to purchase the improvements from the former lessee for an amount equal to the value specified.

C. The borough may, at the termination of a lease, compensate the lessee for the improvements located on the leasehold at not more than the fair market value. [Ord. 84-61-O §10, 1984; Ord. 78-7-O §2, 1978].