HomeMy WebLinkAbout1998-09-28 98-398 ORDERItem No. 98-395_
Date: 9-2848
ItemlSlthjat ORDER: Authorizing an Amendment to an Existing Lease with the Hose 5
Fire Museum
Responsible Department: Legal
Commentary:
Attached is an agreement emending a lease between the City and Hose S Fire Museum. This mutter hes
been discussed 4 several Finance Committee matings. Hose S asked to amend the existing lease and
temtinateapurchaeoption. ThecommidwagreM to reducethe routo$1.00peryearinretum for
annual capital improvements and a nommihnent for the museum on remain open a rhdmum number of
dates peryear.
This amendment addresses those concerns. The rem is reducedm $1.00 per year. It may be terminad d
upon sic month's notice. Hose S use longer has the option to purcisaw but does have the right of fust
refinal in the event the lease is terminated and the City decides to sell the property. The amendment also
provides that the museum will be open at lease one day aweek from lune 15 in October 15 of each year.
Finally, it provides that Hose 5 shelf spend not less than an annual average of $1,0W per Year to improve
andmarriamtheproperty.
Department Head
Manager's Commends:
The Emotive Committee mweassnds approval.
U
City Manager
Membered Information: Order, Agreement
Budget Approval:
Finance Director
Legal Apprmtd;
City Sol a*
Introduced for
i Passage
First Handing Page—of—
Referral
98-398
AeuQ,ed to Councdororouley September 28, 1998
CITY OF BANGOR
(TiTLEJ t9 rbers ......... Authorizing an Amendment to an Existing 1. ease with the
Hose 5 Fire Musemn
BY the city a of V e ab of Ba,por..
ORDERED,
TMT
the City Manager is hereby authorized to execute the attached lease
amendment with the Hose 5 Fire Musemn.
IN CITY COUNCIL
September 28, 1998
Motlon for Passage Made and Seconded
Passed
clTr Iexx
98-398
ORDER
Title, Authorizing an Amendment to an
Existing Leese Vith the Rose 5 Fire
Maseom
......................................
�6.?
Ae,�aIn
Ci Councilman
4 .
AGREEMENT
THIS AGREEMENT made this_ day of , 1998 by andbetween
the CITY OF BANGOR, amunicipal corporation duly organizedand existing under the
laws of the Store of Maine (herehnderdle CITY) and HOSE 5 FIRE MUSEUM, a non-
profit charitable corporation duly organized and existing under the laws of the State of
Maine (hereinafter the MUSEUM).
WITNESSTH
WHEREAS, the CITY and the MUSEUM are paries to a lease, dated September
3, 1993, of certain property owned by the CITY formerly used by the CITY as its old Fire
Station No. 5; and
WHEREAS, under the terms of the lease and a Real Estate Option Agreement
between the parties dried September 3,1993, the MUSEUM has been granted an option
to purchase old Fire Station No.5 upon expiration of the existing Lease on August 31,
2008; and
WHEREAS, the CITY and the MUSEUM are parties to an Agreement dated
Septernber 3, 1993 regarding their obligations in the even[ the MUSEUM exercises to
option to purchase old Fire Station No. 5; and
WHEREAS, die paries agree that it is thew mutual ben interest to Unchain the
Real Estate Option Agreement and Agreement and amend the Lease.
NOW THEREFORE, the parties do mutudly agree as follows:
1. The MUSEUM hereby antennas any and all rights it has to purchase old Fire
Station No.5 order the terms and conditions ofdre Red Estate Purchase Option
Agreement and Lease between the parties, each dated September 3, V993.
2. The parties hereby mutually agree rhes all rights and obligations under the
Agreement are terminated.
3. The parties inwardly agree list tM Lease between the paries doled September
3,1993 shall be amended as follows:
A.) By deleting ARTICLE H, RE T,in its entirety and replacing it with the
following:
ARTICLE II
Lessee shall pay to Lessor as rest for the premises the amount of One Dollar
($1.00) per year.
B) By deleting ARTICLE I TERM,initsentiretyendreplacing Itwiththe
following:
ARTICLE III
TERM
This Lease shall remain in full tome and effect unless terminated by either party
upon six (6) months tronas to the other or unless otherwise terminated under the
provision of tlds Lean.
C.) By deleting ARTICLE IV, OPTION TO PURCHASE, in its entirety and
replacing it with the following:
ARTICLE IV
OPTION TO PURCHASE
Lessee shall ran have an Option to Purchase said prmnues. However, iv the evert
that the Lease is terminated and the CITY decides to sell old Fire Station No. S, the
MUSEUM, provided that it is acharitable non-profit corporation under the laws of (be
State of Maine, shall be given the right to purchase said premises for the fair market value
as of The data of its offering for sale. The MUSEUM will have thirty(30)days from the
date this CRY notifies the MUSEUM that the premises will be offered for sale.
D.) By adding to ARTICLEV USE AND OCCUPANCY OF THE PREMISES,
the following:
1.) Between the dates of June 15 and October 15 of each year the old Fire Station
No. 5 shall be open in the public at least one (1) day each week
K.) The MUSEUM shall spend not less than an annual average of $1,000.00 to
ingrain sal improve the condition of old Fire Station No. S.
1,
E.) By deleting the second full paragraph of ARTICLE VII, TITLE TO
IMPROVEMENTS AND ARTIFACTS, in its eMnety.
F.) By deleting the following from ARTICLE XI, DAMAGE BY FIRE OR
OTHER CASUALTY: `Such termination shall be deemed to extinguish Lessee's option
to purchase granted ander Article W above."
IN WITNESS WHEREOF the parties hereto have caused Oils Agreement to be
executed on the date first written above, signed and scaled by the paries hereto.
FOR LESSOR:
CITY OF BANGOR
WRua&s Edward A. Barrett
City Manager
FORLESSEE:
HOSE 5 FIRE MUSEUM
Witness Name:
Title:
State of Maine
Penobscot; ss. ,1998
Then personally appeared Ne above -reined Edward A. Barrett, in his capacity as
City Manager, and scirnowledged the foregoing instrument to be his free act and deed in
his said capacity, and the free art and deed of said body corporate.
Before me,
Notary Public / Attorney
Printed Name:
My Commission Expires:
96+398
State of Maine
Penobscot, as. ,1998
Than personally appealed the above-named in his
capacity w of Hose 5 Fire Museum, and acknowledged the
foregoing it nrnnent to be his fixe act and deed in his said capacity, and Ne free sot and
decd of said corporation.
Before me,
Notary Public / Attorney
Printed Name:
My Commission Expir s:
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