HomeMy WebLinkAbout1996-09-25 96-395 ORDER'COUNCIL ACTION
Item No. 96-395
Date September 25. 1996
Item/Subject: Authorizing Execution of License Agreement
-- City -owned Property at 335 Broadway
Responsible Department: Legal
A request has been made by Patrick Audet to purchase a vacant lot
on Broadway which abuts his property. Staff recommended
disapproval of the sale because the lot provides access to Broadway
from Dakin Park. As an alternative, Mr. Audet indicated a
willingness to lease the land and that his son wished to landscape
the lot. After discussion at the Municipal Operations Committee
meeting on August 6, 1996, the City Solicitor was instructed to
prepare a license agreement between the parties. A copyofthe
license agreement is attached to thip order.
Associated Information: License Agreement
Finance Director
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C17ty Solicitor
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Introduced For
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Reading
Refer
_ Referral Page 1 of
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Department
Bead
Manager's
Commenta:
Associated Information: License Agreement
Finance Director
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C17ty Solicitor
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Introduced For
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Reading
Refer
_ Referral Page 1 of
96-395
Amiened [o CameGor Blanchette September 25, 1996
CITY OF BANGOR
(TITLE.) Mrbtr, _.. Authorizing execution of License Agreement
-- City. -awned Property at 335 Broadway
By Us CGP CooseG Of the My ofBaxpon.
ORDERED,
TWT the City lfanager is hereby authorized, on behalf of
the City of Bangor, to execute a license agreement with Patrick
Audet, Jr. and Patrick Audet III for use of a lot of land at 335
Broadway, said license agreement to be In substantially the form
attached hereto, with the final license to be approved by the City
Solicitor.
EN CITYCIXDJCII
Septm3er 25,"Y996 ` '96-395
0RDER.
Title, Authorizing Execution of license
T1Y CIFP.R 3
Agreement - City-owned Property at 335
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Councilman
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THIS AGREEMENT made this ��Ppl y of September, 1996, by and.
between PATRICK ADDET, JR. of Hampele}�, Maine and PATRICK AbbMg
III of Bangor, Maine (both her ft'er referred to as "Licensees")
and the CITE CP 8A11WOH (hereinafter referred to as "City')
W I T N R S'S E T N'
WHEREAS, the City is the owner of a lot of land located at 335
Broadway in Bangor, Maine, City of Bangor Tax Map 46, Lot 48, as
further described in the deed from Marie L. stone, as personal
representative of the estate of Phillip P. Stone to Marie L. Stone
dated July 18, 1963 and recorded in Book 3424, Page 44, Penobscot
Registry of Deeds; said land having been acquired by the City of
Bangor by the statutory foreclosure of municipal taxliens for
municipal fiscal years 1984, 1985 and 1986 recorded in Book 3525,
Page 50, Book 3661, Page 320 and Bock 3823, Page 285, Penobscot
County Registry of needs, respectively; and
wNeNEAS, the Licensees are owners of a lot of land and
residence located at 339 Broadway, (Tax Map 46, Lot 47) immediately
adjacent and to the north of the City's lot; and
wNEREAS, Licensees wish to use t6 City's lot for access and
parking in connection with their residential use of 339 Broadway;
and
WHEREAS, the City has consented to Licensees' use of the City's
lot at 335 Broadway for the purposes and under the terms and
conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing recitals and
of the mutual promises and covenants hereinafter set forth, the
City and the Licensees hereby agree as follows:
1. Grant of License. The. City of Bangor hereby grants to the
Licensees an exclusive, revocable license to occupy and use, for
their own , the City's lot located at 335 Broadway, for the
purposes and subject to the terms and conditions set forth herein.
2. Term of License: Revocation. This license is granted for
an indefinite term, and may be revoked by the City at any time upon
thirty (30) days prior written notice to the Licensees, or either
of them. It is understood and agreed that upon revocation of this
license, the City shall have no liability to the Licensees or
either of than for the value of any fixed improvements made by
Licensees to the City's lot. Revocation of this license by the
City shall not be deemedto constitute a taking of any real or
intangible property or property interests of the Licensees, by
eminent domain or otherwise, and shall not entitle Licensees o
their successors in interest to payment of compensation by the
City.
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3. Personal Procertv. All per nal property placed or caused
to be placed upon the City's lot wh a this license remains in
effect shall be and remain the pare al property of the Licensees.
Provided, however, that any and all arsenal property not removed
from the City's lot prior to eapira 'on of the thirty (30) day
notice period provided in paragraph 2 above shall, at the City's
discretion, upon expiration of such thirty (30) day period, become
the sole property of the City of Banger, and may be disposed of in
such manner as the City shall deem proper.
4. Conditions of Use. while this license shall remain in
effect, Licensees may occupy and use the City's lot for the
following purposes and no others:
(a) pedestrian and vehicle access to Licensees' adjacent
property at 339 Broadway;
(b) off-street parking of motor vehicles in compliance
with applicable City ordinances;
(c) landscaping and gardeni6; -
(d) pedestrian and bicycle (accessbyLicensees and others
from Broadway to the City's Dakin Park property lying easterly of
335 Broadway; and
(e)- necessary, grading and fulling in conjunction with
Licensees' landscaping of the City's lot and their adjacent
residential property.
Licensees shall not construct or erect any permanent or
semi-permanent building, shed, garage, residence, or other
structure on the City's lot.
5. Licensees' Obligations. In consideration of this license,
Licensees agree that they shall:
(a) at Licensees' sole cost and expense, within sixty (60)
days from the date of this License Agreement, conduct or cause to
be conducted such surveys as may be necessary to establish the
location and boundaries of the City's lot on the.face of the earth,
including setting necessary corner pins;
(b) at Licensees' sole cos q and expense, within one year
from the date of this License Agremm ent, clear the City's lot of
all visible rubbish and debris, and grade and landscape the City's
lot to an attractive appearance andondition;
(c) comply with all laws, egulations and ordinances,
including City ordinances, applicable to their occupancy and use of
the City's lot; and
(d) cause. Licensees' guested and invitees to comply with
all applicable laws, regulations an ordinances, including City
ordinances, while upon the City's lost.
6. existingvegetation: Srecimeh Trees. Licensees, in .grading
and landscaping the City's lot, 'may cut, one or remove existing
vegetation, including trees located bn the present boundary line'
between the City's lot and Licensees' lot at 339 Broadway (Tax Map
46, Lot 4]). Provided, however, that Licensees shall first obtain
the oral consent of the City's Porester prior to removal of any
tree, including common boundary trees, having a trunk diameter of
four inches (4`) or greater at the time of removal, as measured 30"
above the surface of the ground.
]. License Fee. Licensees agree to pay to the City, as a
license fee, the a= of $610.00 per year for each year that this
License Agreement shall remain in effect. Should this license be
revoked by the City, theamountof the license fee payable for the
year of revocation shall he pm -rated, and the City shall refund to
Licensees the prorated amount colleated by the City as a'license
fee for any period after the effectiWe date of such revocation. In
consideration of Licensees' undertaking to .obtain a survey and to
landscape the City's lot,no licens fee shall be charged fox the
year ending September 30, 199]. Po each successive year that this
license snail remain in effect, the icense fee shall be due and
payable to the City of Bangor on or efore September 30th.
B. City's Obligations. In -consideration of Licensees'
promised performance under this License Agreement, and within sixty
(60) days after completion of the necessary survey as provided in
paragraph 5(a) above, the City agrees that it shall construct a
suitable fence along the southerly property line of the City's let,
as established by such survey.
9. First Refusal nights. It is mutually agreed that, should
the City choose to offer its lot for sale while this License
Agreement remains in effect and for a period of sixty (60) days
following any revocation hereof, Licensees shall have the first
right to purchase the City's lot, at fair market value a
determined by the City'sAssessor, provided that Licensees shall
net be in breach of any provision of this License Agreement at the
time of such revocation or sale. Licensees shall exercise their
first refusal rights under this paragraph by giving written notice
to the City within thirty (30) days fter delivery of the City's
written notice to Licensees, Informing Licensees of the City's
desire to sell its lot, and the p sed sale price. Licensees
shall tender payment of the sale pr' a with their written notice to
the City, in cash or certified Evnd and if Licensees shall fail
to tender payment in full at such ti e, Licensees' first refusal
rights shall be deemed waived. Sucl� payment by the Licensees shall
be held by the City in escrow pending 'closing on the sale of the.
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City's lot to the Licensees, and shall not be subject to forfeiture
ifLicenseesshall withdrawfrom their purchase of the City's lot
prior to closing for any cause.
10. Indemnification• Liabi Insurance. Licensees hereby
expressly agree that they will defend, indemnify and hold the City
of Bangor and the City's officers, agents and employees harmless.
from and against any and all claims, demands,. suits and judgments
arising out of occupancy or use of the City's lot by the Licensees,
their Invitees or guests, pursuant to this License Agreement.. The
indemnification provided underthis paragraph shall extend to and
include the City's reasonable costs of answering, investigating,
defending or settling any such claim, demand or suit, including the
City's reasonable attorneys fees, should Licensees fail to answer
r defend the same. While this License Agreement remains in
effect, Licensees agree to maintain in force a standard policy of
homeowner's liability insurance with an insurance carrier licensed
to do business in the State of Maine. Such insurance policy shall
name the City of Bangor as an additional insured for claims arising
due to injuries to any person sustained on .the City's lot, with a
minimum coverage amount of $300;000 er location/per occurrence.
Licensees shall provide or cause th r insurance carrier to provide
the City annually with certificates f insurance, which shall
reflect the coverages requited int s paragraph and which shall
provide the City with not less than 45 days notice prior to
cancellation of the coverages reflected therein.
11. Recording. This Agreement (shall not be recorded by either
party.
12. License Personal to Licensees, Asslamment. The license
granted herein shall. be deemed personal to the Licensees and each
of them. This License Agreement may not be assigned by the
Licensees to any other person, without the City's prior written
consent. 1
13. Entire Agreement. This License Agreement constitutes the
entire understanding of the parties as to its subject matter, and
no oral agreements or representations by either party shall be
deemed to survive execution of this License Agreement.
IN WITNESS WHEREOF, the parties hereto have executed or caused
this Agreement to be executed on the day and year first written
above. I
CITY% OF BANGOR
(BY)
Witness- and A. Ba ret
City Manager
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(BY) RA L AWJ
Patrick Audet III