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HomeMy WebLinkAbout1998-12-16 99-34 ORDERCOUNCIL ACTION Date: December 16 1990 99_34 ItNo. m®/Subject: Authorizisglsasewith Ogden to Purchase AgrcementwithRealtyReourcesamlered- Former Frer e's Building- Children's Museum Space Responsible Department: Community s Economic Development Commentary: The City and Realty Resources Chartered recently issued a request for proposals for use of space on the bottom three floors on the main Street side of the Freenes's building. Realty Resources has an option with the City to acquire and redevelop the apace involved. A proposal was received from Partnerships for Healthy Communities to establish a children's museum approximately 22,000 square feet of the available space, along with receiving two other proposals for other available space. To accommodate the proposal, the City needs to reserve apace in the Freese's building after its title to the property is transferred to Realty Resources later this month. It is proposed the City enter an agreement with Realty Resources whereby it would have, until December 31, 2000, an assignable lease with an option to purchase the space needed for the museum. This would give the Partnership 24 months needed to raise $3.6 million for establishing the ms Thin Order would autburize the agreement with Realty Resources. The leasewould be in effect from the time the space is ready for occupancy sometime during the third quarter of 1999, to December 31, 2000. The cost of the lease would not exceed the allocated p exenses incurred by Realty Resources for maintaining the pertinent space, including utilities, heating, maintenance, taxes, i and repayment due the City o its loan to Realty Resources. The estimatecostof the lease i $66,000 to $88,000. The purclase coat of the space would be the pro rata cost of the improvements attributed to the lower three floors which is budgeted to be $1,934,300. Therefore, if the children's mu used 60k of the available space, the purchase coat would be approximately $1,8160,580. De ru mt xe� d manager'a Cents: aec&Q/ City Manager Associated Information Attached to the Order Budget Approval: Finance Director Legal Approval: v9(µ y l Sty /ici Wr Introduced Por Passage 0 First Reeding 0 Referral Pasmyofy 99-34 AS 6!ffiIm15U Awigned to Counedm Rohmao December 16, 1998 ..0 CITY OF BANGOR (TITLE.) (orber, _Autheirizing Lease with Option to Purchase Agreement with.,.MC Partners, LLC -Former Freese's Building- Children's Museum Space By the City Counsel of the Oity of Banner. ORDERED, TRAT WHEREAS, the City of Bangor has approved the proposal of d11C Partnere. CCC for the acquisition atM development of the Main Street section of the former Freese's Building located at 74-96 Main Street in Bangor; and WHEREAS, under the terms of an Option Agreement for Purchase and Development of a Portion of Former Freese's Building between the City and Dmic Partnere, tic dated February 27, 1998, the City is scheduled to transfer ownership of the property to nc Partners, lac prior to December 31, 1998; and WHEREAS, the City has received a proposal from Partnerships for Healthy Communities to establish a children's museum in a portion of the space in the Former Freese's Building; and WHEREAS, to provide adequate time for the Partnerships for Healthy Communities to raise $3.6 million to establish the museum, the Partnership has requested the City reserve the space needed for the children's museum by oletdm g an assignable lease until December 31, 2000, with an option to purchase until December 31, 2000, the space in the Former Forest's Building designated as "PHC - Children's Museum' on Exhibit A to the proposed "Lease with Option m Purchase" attached hereto; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager, on behalf of the City of Bangor, is authorized to enter into a lease with an option to purchase agreement with JhB Partners, tic for space in the Former Freese's Building designated as "PHC - Children's Museum" on Exhibit A to dm proposed "Lease with Option to Purchase- attached hereto, under terms and conditions substantially as contained in the "Lease with an Option to Purchase a Portion of Former Forest's Building' attached herein, and in a final form approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL December 16, 1998 Parsed A True Copy, Attest: 99-34 Apig„ed to Cawcilar Aobmav December 16, 1998 p CITY OF BANGOR (TITLE.) (PrbRYr---`Uthor@sng Lmmewith Option to Purchase Agreemeutwidt Realty Resources Chartered -Former Frame's Building- ChiMren's Museum Space By Lbs City Canned of We MY of Boater. ORDERED, THAT WHEREAS, the City of Bangor has approved the proposal of Realty Resources Chartered for the acquisition Dal development of the Main Street section of the former Fresse's Building located m 74-96 Main Soviet in Bangor; and WHEREAS, under the terns of an Option Agreement for Purchase and Development of a Portion of Former Freese's Building between the City and Realty Resources Chartered dated February 27, 1998, the City is scheduled to (mother ownership of the property to Really Resources Chartered prior to December 31, 1998; and WHEREAS, the City las received a proposal from PmmersMps for Healthy Commuotties to establish a children's museum in a portion of the space in the Former Proven's Building; and WHEREAS, to provide adequate thine for the Partnerships for Healthy Contrarieties to raise $3.6 million to establish the museum, We Partnership has requested the City reserve the Were needed for the children's museum by obtaining av assigmble lease until December 31, 2000, with an option to purchase until December 31, 2000, the space in the Former Freese's Building designated n"PHC-Cldld 's Museum"on ExhibitAm Neproposed'Leasewith Opdm to Purchase" anuchN harem; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CI'T'Y OF BANGOR THAT dm City Manager, an behalf of the City of Bangor, is authorized to enter into a lease with an option By purchase agreement with Reay Retraces Chartered for space in the Former Freese's Building designated as "PHC - Children's Museum" on Exhibit A to the proposed "[ease with Option to Purchase" attached herein, under terms and conditions subsmnfiavy as coomived in the "frame with an Option to Purchase a Portion of Former Freese's Building' attached herein, and in a final foam approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL December 16, 1998 Motion to Amend by Substituting the wards "CMC Partners, LLC" wherever the words "Realty Resources Chartered" appear. Motion Seconded Passed as arended LEM 99-34 ORDER Title, Authorizing Lease with Option to Purctuse Agreement with Realty Resonated Chartered - Tome[ Freese's Rulldin� - Ch11d2en"e'hu9ehm gpe�e .." Aeeigned to - Councilmen m 99-34 LEASE WITH OPTION TO PURCHASE THIS INDENTURE OF LEASE, executed this_day of 1998, by and between: REALTY RESOURCES CHARTERED, a corporation duly organized and exisdng under and by virtue of the laws of the State of Maine, and having a place of business at 247 Commercial Street, Rockport, Maine (hereinafter sometimes referred to as "Lessor) AND CITY OF BANGOR a municipal corps nma duly mgawed and mating under and by virtue of the laws oftmState of Maine, and having its principal offices at 73 Harlow Street, Burger, Maine (hereinafter somntimes referred to as "Lessee') WITNESSETH: WHEREAS, Realty Resources Chartered is the owner of the Main Street portion of the former Freese building located at 74-% Main Street, Burger, Maine; and WHEREAS, Lessees wishes to lease a certain portion of said building; NOW, THEREFORE, the parties do mutually agree as follows: ARTICLE I-PREMISES The Lessor, for and in consideration of the rents to be paid and the obligations to be perfomred by Lessee as hereinafter provided does hereby demise and lease me Lessee, and the Lessee does hereby take and lease, upon and subject to the terms and conditions hereinafter expressed, a certain portion of the former Freese's building designated as "P.H.C. - Children's Museum" attached hereto on Exhibit "A". ARTICLE II- TERMS TO HAVE AND TO HOLD the demised premises unto the Lessee commencing the date that the demised Premises is in "white box" condition, and tenninming on December 31, 2000 ARTICLE If -COMPUTATION OF ANNUAL RENTAL Commencing the date the demised premises is in "white boor' condition, Lessee shall pay to Lessor a monthly rent equal to the debt service, real estate tmres, maintenance expenses, mility costs and insurance attributable to the demised premises and a management fee of six percent (b%) of the gross revenue of the demised premises. 99-34 V M OIO0'-TknQtl:!<eISCMIIWRIW I".11911is:ANI(IINV UNO nky,SM A. Lessee shall have the fight to use, occupy and maintain the premises herein described in reasonably business -like, careful, clean, and reasonably safe manner for the purposes of children's museum and for no other purposes whatsoever without the prim written content of the Lessor which consent shall act be unreasonably withheld. B. All improvements on the demised premises shall be constructed and maintained in accordance with all applicable building, fire, and property maintenance codes of the State of Maine, and the Laws and Ordinances of the City of Bangor including the site plan approval process outlined in the Laws and Ordinances of the City of Bangor. Poor to cornmenciug arty construction, Lessee shall secure all ncessary approvals from the City of Bangor, the State of Maine, and the United States requited under any applicable law, ordinance or regulation, including City of Bangor Planning Board approval. C. Lessor, through its agents, shall have m all reasonable times the right, upon reasonable notification to the Lessee, to go on and inspect the premises, any buildings, structures or improvements thereon, with an authorized representative of the Lessee, and the fight of access to utility systems located on the demised premises for the purposes ofmaintenanca, repair, correcdon, or inspection. For purposes of this paragraph, "reasonable nmification" shall intrude any =us] notification to the Lessee or its agent not less then one business day prior to the date of inspection. "Reasonable three shall mean anytime during Lessee's regular business hours, or during normal weekday business boors if Lessee shall cease operations or shall maintain other thanregulmbusinesshours. Any such inspectionsshell be conducted inamaumerwhichdoes tot interfere with the privacy or confidentiality of the Lessee or its customers. ARTICLE V - HAZARDOUS WASTE Lessee hereby covenants and agrees that it shall not, during the term of this lease, including cavy extension or renewal hereof, permmrently place, cause to be placed, deposit or discharge any hazardous waste upon the demised premises, and further expressly agrees that it shall indemnify Lessor from any and all costs, expense or liability, of whatever land or nature, incurred by the Lessor in detecting, maluatin& removing, treating, disposing of or otherwise responding to any hazardous waste placed or deposited by Lessee in violation of this Article. Lessee hereby covenants and agrees that it shall not, during the term of this lease, including any extension or renewal hereof violate any local, state or Federal regulation, ordinance or statme pertaining to hazardous waste or hazardous mmerial and fuller expressly agrees that it shall indemnify Lessor from any all all costa, expense or liability, of whatever kind or nature, ineured "a Lessor for any such violation by Lessee. Such costs shall he domed to include, without limitmion, Lessor's costs of defending any suit filed by any person, entity, agency, or governmental authority; paying any fines imposed in correction with such suit paying any judgments or otherwise sending any damage claims; complying with any order by a court of comp gemprisdiction directing the Lessor to take remedial action with respect to such waste; and of ell associated attorneys fees and costs. For the purposes ofthis Article, the term "hazardous waste" shall be deemed to include every substance now or hereafter designated as a hazardous waste under any provision of State or Federal law. Lessa's obligations under this Article shall be deemed to survive the expiration or termination of this Lease, but shall be limited to acts or occurrences by Lessee, its agents, employees and assigns, during the term, or any, extension or renewal thereof, of this lease. ARTICLE VI - DAMAGE BY FIRE OR OTHER CASDALTY In the every of the destruction or damage of the demised premise by fire or other casualty, Lessor shell have the right, but not the obligation, to rebuild and repair the demised premises for ocwpnny. If Lessor dais not to rebuild and repair, it shall so notify Lessee within thirty (30) days or more expeditiously if possible of its decision. In the event the damages are ofthe extent as to reasonably prevent Lessee from operating within the demised premise, then the Lessee shall have the right to terminate ads Lease and shall notify Lessor within the aforementioned lime period, and Lessee's obligation to pay rem as herein provided shall terminate upon receipt of such notice by the Lessor and surrender of the demised premises by the Lessee. ARTICLE VI[ - TAXES The Lessee agrees to pay, when due, arty and all taxa arW/or assessments, fees or charges ofamy kind whatsoever, as may be imposed during the term hereof, or arty emersion of the tam of this lease, by any governmeeral authority upon the demised premise, including Lessee's leasehold interest therein, any Amounts, or improvements thereon, or any personal property located therein. ARTICLE VII[- NONDISCRAIINATION Lessee for itself, its personal representatives, successors in interest and assigru, and as pan of the considerations hereof does hereby covenant and agree as a covenant turning with the land that (1) no person or group of persons shall be excluded on the grounds of race, color, or national origin from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use or occupancy of said demised premises; (2) in the construction of all improvements, buildings, structures, on, over or under such land and the furnishing of services thereon, no person or group of persons shall be excluded on the grounds of race, color, or national origin from participation in, denied the benefits of or be otherwise subjected to unlawful discrimination; and (3) Lesser shall use the premise in compliance with ell other requirements as may be imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtile A, Office of the Secretary, Pan 21, Nondiscrimination in Federally Asvated Programs of the Department of Transportation Effecmation of Tide VI of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of any of the above nondiaomination covenants, the Lessor shat have the right, after failure of Losses to ronify such breach whhin thirty(30) days after receipt ofnotice from Lessor, to terminate this Agreement Provided, however, that Lessor shall not have the right to initiate termination of the Lease under this Article with respect to any complaint of discrimination which is pending final resolution or adjudication before any agency or court of the State of Maine or the United States. ARTICLE IX- COVENANTS OF QUIET ENJOYWNT The Lessee, subject to the terms and provisions of this Lease on payment of the ren, and observing keeping and performing all the terms and provisions of the Lease on its part on be observed, kept and performed, shall lawfully, peaceably and quietly hava hold, occupy and enjoy the demists premises during the term hereof without hinderance or rejection by the Lessor or any other persons. ARTICLE X LIENS The Lessor and the Lessee agree that each will promptly discharge (either by payment or by filing of the necessary bond or otherwise) any mechanics, astonishment or other liens against the demised punned, any buildings, structures or improvements thereon, which hens may arise out of any payment due for labor, services, materials, supplies or cauil murt which may have been furnished to or for the Lessor or the Lessee, respectively. ARTICLE M -REMOVAL OF PROPERTY Upon the immodest or final expiration of this Lease, the improvements and other personal property erected or located upon the demised premises by the Lessee shall remain the property of the Lessee, and the Lessee shall have the right to remove the same from the demised premises within sixty (60) days from the date of nomination or final expiration of this Lease. Any such property not an removed within said sixty (60) days shall become the property ofthe Lessor to be disposed of in such way as the Lessor may deem fit. in the event the Lessee slats to remove add improvements and other persond property, the buildings and land appurtenant therdo shall be returned to as our as possible its condition as at the commencement of the Lease, ordinary wear and tear excepted. In the event Lessee shall fail to remove arty moveable personal property within sixty (60) days more the daze of termination or final expiration of this Lease Lessor shall be entitled to recover Rom the Lessee Lessor's reasonable costs inwrred in removing or disposing of such personal property. In such event, there shall be deducted from Lessor's was the fair value to the Lessor actually realized Rom sale, use or other disposition of the personal property concerned. ARTICLE XII -SURRENDER OF POSSESSION Subject to the provisions contained in Article M, the Lesace shall, upon the nomination of this Lease, surrender the quid and peaceable possession of the demised promisee. 99-34 ARTICLE MU - TERMINATION It is covenanted and agreed that: (1) If the Lessee shall neglect or fail in pay the real or other charges payable hereunder and such default shall continue for a period of thirty (3 0) days after written notice thersofby Lessor; or (2) If Lessee shall neglect or fail to perform or observe any of the other covenants, tams, provisions, or conditions on its part to be performed, or observed, and such neglect or failure shall continue for a period of thirty (30) days after written notice thereof by Lessor, or if such covenants, lama provisions or conditions cannot be performed or observed within said thirty (30) day period ifLessce fails to diligently prosecute the coring of auch neglect or failure, or (3) If the estate hereby created shall betaken on execution or by other process of law; or (0) If the Lessee shall be declared bankrupt or insolvent according to law; or (5) If any, assignment shall be made of the property of the Lessee for the benefit of creditors; or (6) If a receiver, guardian conservator, or tinewe in banlanptey or other similar officer shall be appointed to take charge of all or any substantial part of the Lessee's property by a Court of competent jurisdiction; or (7) If a petition shall be filed for a reorganization of the Lessee under provisions of the Bankruptcy Act now or hereafter enacted; or (8) Nine Lessee shall file a petition for such reorganization or for armnganenis under arty provision ofthe Bankruptcy Act now or hereafter enacted; Than, in any of the and cases (nohvithstanding any, license of any forma breach of common or waiver ofthe benefit hereof or consent in a former it stance), the Lessee may be considered in default hereunder, and the Lessor lawfully may, immediately or at may time Hereafter and without demand or notice, enter into and upon the said premises or any pan thereof, in the name of the whole and repossess the same as of the "mots former estate, and expel the Lessm and those dairning through or under it and remove its or their effects (forcibly if necessary) without being deemed guilty In any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears ofrem or Intraday breach ofcoveneM. Uponsuchentry,this Lease shall terminate, and the Lessee shall be liable to pay as ren, amounts reserved as would have become due under this Lease if this Lease had not been terminated or if the Lessor had not Lessor hereby represents and warrants that it has taken all necessary procedural and legal steps as required under all state, local and federal laws and regulations, and all necessary corporate action m authorize the exeention of this Lease by its undersigned corporate officers and that upon such execution this Lease is a valid and binding document on the part of the Lessee and is fully enforceable in all of its terms and conditions by the City of Bangor. ARTICLE XVIII - WAIVER Failure on she pan of the Lessor to complain of my action or non -action on the part of the Lessee no matter how long the same may continue, shall never be deemed to be a waiver by the Lessor of my of Lessors rights bereunder. Further, it is covenanted and agreed that no waiver at airy time of my of the provisions her mfby Lessor, shall be construed as a waiver of any other provisions hereunder, and that a waiver m any time of arty of the provisions herself shall not be consumed at arty subsequent time as a waiver of the same provisions. The approval of Lessor or of my action by the Lessee requiring the Lessors consent or approval shall not be deemed to waive or render unnecessary the Lessors consent or approval of my subsequent similar act by the Lessee. ARTICLE XIX- NOTICES Notices to the Lessee provided for in this Lease shall be sufficient if sem by registered or certified mail, return receipt requested, postage prepaid to City Manager, City of Bangor, Chy Hall, 73 Harlow Street Bangor, Maine, 04401; and notices to Lessee, are to be seat by registered or certified and, return receipt requested, postage prepaid, addressed toTresident, Realty Resources Chartered, 247 Commercial Street, Rockport, Maine 04856, or to such other respective addressees as the parties may designate to each other in writing from time to time. ARTICLE XX -INVALIDITY OF PARTICULAR PROVISIONS If my term or provision of this Leine or the application thereof to my person or circmnstarrce is hereafter determined to be to any extent, invalid or unenforceable, the remainder of this Lease or the application of such terms and provisions to persons or circumstances other then those to which it is held invalid or unenforceable shall not be affected hereby and such term and provision of this Leese shall be valid and be enforceable to day fullest eaent permitted by law. ARTICLE XXI - CONSTRUCTION The headings appearing in the Lease are intended for convenience and reference only, and not to be considered in worming this Lease. ARTICLE JOUI - NO PARTNERSHIP OR JOINT VENTURE CREATED Nothing contained herein shall be deemed or construed as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent nor any other provision contained herein or entered or reentered as aforesaid. Notwithstanding the foregoing, Lassce's liability shell not exceed the difference, if any, between the rental which would have been due had there been an such temdnation, and the amount being received by Lessor as rent from any new termat or occupant of said premises. In order to mitigate Lessee's damage hereunder, Lessor agrees to make every reasonable effort to secure subsequent tenants, at a rental equal to the than prevailing local rate for the demised promises. ARTICLE XIV - ATTORNEY'S FEES The Lessee shall pay to the Lessor a reasonable attorney fee in the event the Lessor employs an attorney to collect any rents due hereunder and secures ajudgment in connection with collection of said rend, or legal process is levied upon the interest of the Lesser in this Lease or in said premises, or in the event Lessee violates any of the terms, conditions or covenants on the part of the Lasses herein contained, provided that Lessee fails m promptly correct the violation of saw terry condition or covenant after receipt of notice that it is in violation thereof ARTICLE XV - ASSIGNMENT, SALE AND SUBLETTING The Lessee shall not m any time assign, sell, convey or transfer this Lease or any interest therein, or sublease or sublet or rent the premises, an any part thereof, without the prior written consent of the Lessor which consent shall not be unreasonably withheld, delayed, or conditioned. In the event of an approved sublease all provisions shall extend to, bind and inure to the benefit of not only the Lessor and Lessee but also than saccenomm and assigns. Lasses shall have the right to assign this Lease to any cooperation with which it may have became merged, consolidated or otherwise a9cor�ted, or mry corporation or holding company having the controlling interest in the Lessee, or to may corporation which may be a subsidiary of the Losses. In no evern, however, shall the Lessee named herein be relieved from any obligation under this Lease by virtue of any, assignment or subletting. ARTICLE XVI - OPTION TO PURCHASE Lease sball have the right to purchase the demised premises m any time during the term of this Lease, pursunat to the terms and conditions of the Purchase Option Agreement attached hereto as Exhibit B. ARTICLE XVII- AUTHORITY TO ENTER INTO AGREEMENT The Lessee hereby represents and warrants that it has taken all necessary procedural and legal steps as required by federal, state and local laws and regulations for the purpose of authorizing the execution of this Lease and that execution of this Lease by the City Manager renders this Lease a valid and binding document on the part of the Lasser and the same is fully enforceable in all of its terns and conditions by the Lessee. any ads of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of landlord and tenant. ARTICLE-GOVERNPIG LAW This Lease shall be governed exdusively by the provisions hereof and by the laws of the State of Maine as the same may from time to time exist. ARTICLE =V -MEMORANDUM OF LEASE Upon execution of this Lease, the parties may, upon request of either, prepare and execute a Memorandum of Lease in a form suitable for recording at the Penobscot County Registry of Dads, as evidence of Lassoes interest in the premises demised herein. ARTICLEX - AMENDMENT TO LEASE This Lease contains all the terms and conditions between the parties hereto and no alteration, amendment or addition hereto shell be valid unless in writing and signed by both parties hereto. IN WITNESS Wf3EREOF, the parties burro have set their hands and seals the day and year written above. CITY OF BANGOR Edward A. Barrett Its: City Manager REALTY RESOURCES CHARTERED Witness Title: mmB/winworM se/chiWrertdoc ,§ �tj)/) k(\k�\ 99-34 $rmill I e �I9 10[BIBIT B 99-34 REALTY RESOURCES CHARTERED, a corporation, duty organized and existing under the laws of the State of Maine having a place of business at 247 Commercial Street, Rockport, Maine 04856 (hereinafter OPTIONOR), for consideration paid and other monies referred to below and to be paid at the dosing of the purchase and sale of the premises described in Paragraph I below, hereby grants to the CITY OF BANGOR, a municipal corporation, duty organized and existing under the laws of the State of Maine having a place of business at 73 Harlow Street, Bangor, Maim 04401 (hereinafter OPTIONEE), an option to purchase, upon the terms and conditions see forth below, the premises described in Paragraph I below. TERMS'. This option is granted subject to the following terms and conditions'. 1. Premises Subject to Ontion: Exhibit A. (hereinafter the Property) 2. Oofion Period. This option shall tun from the date heomfumil December 31, 2000, or until web later date as the parties may agree. 3. Exercise of Option. The OPTIONEE, may exercise this option and acquire the subject property giving written notice of its intent to do so to the OPTIONOR at ally time duringthsoptionperiod. Such notice shall be effective if delivered to the OPTIONORS office 9 the OPTIONOR's address stated above. Thereafter, the parties shall schedule a closing at a mutually convedent date, which may be after the expiration of the option period. If date for dosing can not be annually agreed upon, a dosing shall take place no later than sixty (60) days from the date of delivery of OPTIONEE's notice to OPTIONOR or the first business day ager such date. 4. Purchase Price. The purchase price for the property subject to this Option Agreement shall be the cost of OPTIONOR to improve the demised premises. 5. Tvpe ear Convevaxe. Conveyance shall be by Quitclaim Deed with Covenant to OPTIONEE from OPTIONOR OPTIONOR shall prepare the necessary Deed, subject to approval by OPTIONEE's attorney. OPTIONOR shall convey title under tNs paragraph to OPTIONEE free and over of all encumbrances except customary public utility easemema serving the premises and shall be subject to applicable zoning and land use laws and regulations. 6. Taxes. OPTIONEE shall be responsible for all property taxes assessed against the subject premises following the closing. 99-34 ]. OPTIONOR N t C E b Title. During the term ofthe option period, OPTIONOR shall not voluntarily convey, mortgage or otherwise encumber the option property or any portion thereof, without OPTIONEE's prior written consent. & OPTIONEE's Conditions Notwithstanding OPTIONEE's exercise of its option, OPTIONE'E shall have no obligation to enquire the property unless the following conditions are meS to OPTIONEE's satisfaction: Upon execution of this Agreement, the OPTIONOR wgl furnish to the OPTIONEE for the OPTIONEE's review complete and accurate copies of all information, records and documentation concerning the ownership and condition of the Property in the possession of the OPTIONOR or the OPTIONOR's representatives, as the OPTIONEE may reasonably request, including, without limitation (but only for informational purposes and without warranties or representations of any kind regarding accuracy), any available plans and surveys, legal opinions regarding zoning or environmental matters affecting the Property, engineering reports, environmental site, and title policies or abstracts. OPTIONEE will hold in strict confidence all documents, data and information obtained from the OPTIONOR, and if the closing does not occur, will return the same to the OPTIONOR. 9. Andamanant OPTIONEE may assign its rights under this Purchase Option Agreement rt any time during its tend. 10. Option Binding on OPTIONOR's Successors. The Option granted shall be binding upon the OPTIONOR, its successors and assigns, and shall inure to the beirefit of OPTIONEE and, as provided in Section 9 above, OPTIONEE's successors add assigns. Dated: CITY OF BANGOR Witness Edward A. Herten City hdanager REALTY RESOURCES CHARTERED Witness Name' Title: msofim/wircrorNWMuseum doe