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 wqur nYY,.wur. C17ty Solicitor itr Introduced For x Passage Reading Refer _ Referral Page 1 of - Department Bead Manager's Commenta: Associated Information: License Agreement Finance Director wqur nYY,.wur. C17ty Solicitor itr Introduced For x Passage 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 R d y ........................... c' .... ...... co T .... Councilman ((.. LIC8856 A�G(R�86llBtTl 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. - j 2- 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. _4_ 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 -5 - (BY) RA L AWJ Patrick Audet III