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Home My WebLink About1998-03-23 98-146 RESOLVECOUNCIL ACTION Item No. 98-146 Item/Subject: Ratifying Cit Manager's Execution and Delivery of Easement Deed for an Overhead Pedestrian Walkway to New Castle Hotel Corporation Responsible Department: Legal Commentary: In connection with a recent refinancing, New Castle Hotel Corporation has requested an easement deed confirming New Castle's right to occupy and maintain the existing overhead pedestrian walkway at BIA. The walkway was Constructed by New Castle's predecessors with City consent, but there appears to be no document granting the hotel operator (currently New Castle) legal rights to the walkway. The attached 'Easement Deed" was drafted by the City's Legal Department and has been executed by the City Manager, subject to City Council ratification. This Resolve would ratify execution and delivery of the Easement Deed. Departmen Cad Manager's Comments: 7� - adj City Manager Associated Information: Easement Deed Budget Approval: Legal Approval: Finance Director Cit Solicitor oVU Introduced For CONSENT AGENDA Passage First Reading Referral Page 1 of 5 98-146 Assigned to Councilor Leen March 23, 1998 CITY OF BANGOR (TITLE.)¢SOIU¢r. a tlfying City Manager's Execution . and D livery .- ... ._... .............. ........ .......... of Easement Deed for an Overhead Pedestrian walkway to New Castle Hotel Corporation By N City Coaroid WW Cug MHa*Oor. RRRCLVRD, the actions of the City Manager inexecuting and delivering an "Easement Deed" to New Castle Hotel Corporation, for maintenance and use of an existing overhead pedestrian walkway at Bangor International Airport, is hereby ratified and confirmed. A Copy of the Easement Deed as executed is attached hereto and is incorporated by reference. IN CITY COUNCIL Perth 23, 1998 Passed i x clear, 98-146 N E S 0 L V E Ratifying City Manager's execution and Delivery of Easement need for an Over- head Pedestrian walkway to New Castle Hotel VlCCorporation ' T` 04i &4 98-166 iTiT�Td9. The CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine, for Consideration paid, grants to NEW CASTLE HOTEL CORPORATION, formerly BHI, Inc., a business corporation organized and existing under the laws of the State of Maine, and doing business as the Sheraton Four Points Hotel. an easement to use, occupy, maintain, repair and replace, in its existing location, a 12.5' Wide overhead enclosed Pedestrian walkway connecting the Grantee's Sheraton Four Paints Hotel building with the Bangor International Airport domestic terminal building, both located at Bangor International Airport in Bangor, Penobscot County, State of Maine. The overhead walkway that is the subject of this easement is further depicted in a revised survey plan dated December 18, 1997, titled "ALTA/ACSM Land Title Survey - New Castle Hotel Corporation - Bangor Sheraton Pour Points 306 Godfrey Boulevard, Bangor, Penobscot County, Maine" sheet 1 of 2, prepared by CES, Inc. (Michael S. Avery, Professional Land Surveyor #1340) for Merrill Lynch Credit Corporation and Chicago Title Insurance Company, said plan to be recorded herewith. The easement rights granted herein are expressly made subject to the following terms, covenants, and conditions: 1. The overhead walkway (hereinafter "Walkway") shall be used solely for the purpose of pedestrian access to and from Grantee's hotel building, and for no other purpose whatsoever without the prior written consent of the City of Bangor. 2. The easement rights granted herein shall be deemed appurtenant to an "Amended and Restated Agreement of Lease" between the City of Bangor and New Castle Hotel Corporation dated December 1, 1997, a memorandum of which lease is recorded in Book 6574, Page 1, Penobscot County Registry of Deeds. The easement rights granted herein shall be transferable only to the extent provided in said lease, and shall be deemed to expire upon final surrender, termination or cancellation of said lease. The easement rights granted herein shall remain in effect during any extension or renewal term of said lease. 3. The Grantee, at its sole expense, shall at all times maintain the walkway in a clean and attractive condition. 4. The Grantee, at its sole expense, shall at all times maintain the walkway in a safe and structurally sound condition, in compliance with all applicable building codes, fire Codes, life safety codes, OSHA regulations, laws and ordinances. 5. The Grantee, at its sole expense, shall provide all interior lighting, heat, and utilities necessary to its use of the walkway. 98-146 -2- 6. The Grantee shall defend, indemnify and hold harmless the City of Bangor, its officers, agents and employees, from and against the claims of any and all persons, including claims of Grantee's employees, arising out of use of the walkway by such oersons, or out of any exercise by .the Grantee of the rights granted herein. For this purpose only, Grantee hereby waives any immunity from suit or judgment Grantee may otherwise enjoy under the Maine Workers Compensation Act or other provisions of law. 7. Subject to the terms, covenants and conditions set out herein, Grantee shall have the exclusive right to use and occupy the walkway, for the purposes set out herein. The physical structure of the walkway and all appurtenances thereto shall be deemed to be the personal property of the Grantee, for all purposes. S. Prior to any removal, reconstruction or structural repair of the walkway, the Grantee shall submit detailed plans of the proposed reconstruction or repair for approval by the City of Bangor's City Engineer and Airport Director. All such plans shall be submitted at least sixty (60) days prior to the proposed starting date for the reconstruction or repair concerned. The City Engineer and Airport Director shall review and return such plans within thirty (30) days after receipt, indicating their approval or disapproval. The City's approval shall not be unreasonably withheld, and any disapproval shall be based on engineering deficiencies, public safety concerns, unreasonable interference with Other airport users including airline passengers, or related factors. This paragraph shall not be deemed to prohibit immediate repairs of a temporary nature necessary to protect public safety or to comply with the orders of local, state or federal regulatory officials. Any removal, reconstruction or repair of the walkway, including temporary repairs, shall be executed in a manner that does not impair the structural integrity, usefulness, or architectural appearance of the City of Bangor's airport terminal building. The Grantee shall be responsible for all steps necessary to protect the general public, including airline passengers, during any removal, reconstruction or repair of the walkway. The Grantee shall promptly procure discharge of any mechanics lien certificates recorded at the Penobscot County Registry of Deeds that arise Out of any removal, reconstruction or repair of the walkway. In the event Grantee shall elect for any reason to remove the walkway without reconstructing the same, the Grantee also shall repair any opening in the airport terminal building previously created to accommodate construction or replacement of the walkway. 9. Upon final surrender, termination or expiration of the Grantee's lease, by operation of law or otherwise, the Grantee shall convey all of its right, title and interest in and to the walkway to the City of Bangor. 98-146 -3- New Castle Hotel Corporation, as Grantee, joins in this instrument for the purpose of acknowledging its acceptance of the terms, covenants and conditions set out herein. The terms, covenants and conditions set out herein shall bind the City of Bangor, New Castle Hotel Corporation, and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate names and gea;J by their duly authorized Officers as of this _ day of arc , 1998. (��/n/�% CITY /., OF BANGOR (GRANTOR) r� y� (By) LityManager tness City Manager (Its) NEW CASTLE HOTEL CORPORATION (GRANTEE) (By) witness (Its) STATE OF MINE PENOBSCOT, ss. '224�O� L^ , 1998 Personally appeared the above-named Edward A. Barrett, in his capacity,as City Manager of the City of Bangor, and acknowledged the foregoing instrument to be his free act and deed in said capacity, and the free act and deed of said body corporate. Before me, STATE OF CONNECTICUT FAIRFIELD, as. 1998 Personally appeared the above-named in his/her Capacity as of New Castle Rotel Corporation, and acknowledged the foregoing instrument to be his/her free act and deed in said capacity, and the free act and deed of said corporation. Before me, Notary Public/Attorney-at-Law Printed Name: Notary Publi Printed Name: TE)2Q1 1. �YLa''/ /a�aa/o3 1998 Personally appeared the above-named in his/her Capacity as of New Castle Rotel Corporation, and acknowledged the foregoing instrument to be his/her free act and deed in said capacity, and the free act and deed of said corporation. Before me, Notary Public/Attorney-at-Law Printed Name: