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HomeMy WebLinkAbout1993-09-13 93-423 RESOLVECOUNCIL ACTION Item No. 93-423 Date September 13, 1993 Item/subject: Ratifying Execution of Certain Documents Concerning the Lease and Use of Fire Station 5 -- 247 State Street Responsible Department! Legal On August 23, 1993, by passage of 93-413, the City Council authorized the City Manager to execute certain documents which would allow for the rautilization of Fire Station 5 at 247 State Street by Nose 5 Fire Museum, a nonprofit charitable corporation. A specific list of obligations, duties and rights was included as part of the Order. C.O. 93-413 required subsequent Council ratification of the executed documents. At this time all documents have been prepared in final form and executed by the parties. As part of the execution process, the City has received the first annual rental payment of $5,000 and evidence of appropriate insurance. Additionally, the payment in lieu of taxes Agreement was executed as a condition of Lease execution. This resolve will also authorize the City Manager to execute a Memorandum of Lease for recording in the Penobscot County Registry of Deeds. M11 �/ Manager's Commearst Associated In£ormetion: C.O. 93-413 PinanceDirector Coy Solicitor Introduced For HMO MUSHIER M X Passage First Reading Referral Page �1_ of 2 93-423 Assigned to Councilor Soucy, September 13, 1993 CITY OF BANGOR (TITLE.) gDO01tPq...... . Ratifying ...the_City.-Manager a_Bxecutipn of - Certain Documents Concerning the Lease and Use of Fire Station 5 --249 State Street By the Cid Counoii of Ow City of Header: RESOLVED. WHEREAS, the City Council authorized the City Manager to execute certain documents with regard to the reutilization of Eire Station 5 by passage of Council Order 93-413; and WHEREAS, on September 3, 1993 the City Manager and Hose 5 Fire Museum, a nonprofit charitable corporation, executed a Lease, Real Estate Option Agreement, and Agreement to make payments in lieu of taxes with regard to the reutilization of Fire Station 5; and WHEREAS, said documents are consistent with the requirements set forth and approved in Council Order 93-413, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ratifies the execution, in final form, of documents entitled "Lease", 'Real Estate Option Agreement" and -Agreement-, all dated September 3, 19931 for the reutilization of Fire Station 5 by Hose 5 Fire Museum, all of which are on file in the City Clerk's office; AND the City Manager is further authorized to execute a Memorandum of Lease for recording in the Penobscot County Registry of Deeds memorializing those transactions. 0 Cxx4 COUNCIL September 13, 1993 F a CITV CLEM 93-423 9 E 5 0 L V E Eetlfying the City Manager's Execution of Certain Documents Concerning the Lease and Use of Fire Station 5 - 247 State Street aAvad�3 COONCIL ACTION Stem Na. 93-413 Date Auaust 23. 1993 Item/Subject: Authorizing City Manager to Execute Certain Documents with Regard to the Reutilization of Fire Station 5 Responsible Department: Legal This Order would authorize the City Manager to execute all - necessary documents to allow Mose 5 Fire Museum Incorporated to lease Fire Station 5 at 247 State Street for the purpose of operating a firefighters or law enforcement museum. The lease would be executed containing the terms included in the Order but the final executed documents -- lease, option agreement, payment in lieu of taxes agreement, deed -- will be subject to future Council ratification. The Municipal Operations Committee reviewed this proposal on 8/17/93 and unanimously recommended approval. V' Department Head Manager's Comments: Associated Information: Order, Memorandum to City Council (w/o enclosures) dated 8/13/93 Finance Director Cit H aFwoitor Introduced For % Passage - First Reading Referral Page 1 of 5 Assigned to Counaor Soucy 9s-Y)j August 23, 1993 CITY OF BANGOR (TITLE.) MrAcrt.._. ........-an'thorizing- City .-Manager -to-Execute Certain ---..... Documents with Regard to the Reutilization of Fire Station 5 By dhe City Cos l of W Ctty of Reams.. ORDERED, THAT the City Manager is hereby authorized to execute documents necessary to allow the charitable non-profit group Rose'5 Fire Museum lncorporate to lease Fire Station 5 (247 Stat Street) for the purpose of operating a firefighters museum. or low enforcement form approved Said lease and other documents axe to be in a pp by the City Solicitor. The final executed documents are to be ratified by future Council action. Said lease is to contain substantially the following provisions: (1) Term - 15 years from 9/1/93 through 8/31/2008. - (2) Rent - $5,000 per year, first year due 9/1/93 and $5,000 yearly thereafter due in two payments of $2,500 each which will be due on 9/1 and 3/1 during each year of the lease. Total lease payments equal $75,000. (3) Lessee responsible for all improvements, maintenance, snow removal, utilities, repair, trash removal, etc. (4) City to retain box alarm and assorted reporting equipment at Station 5, with Lessee responsible for maintenance and repair costs. (5) Lessee to comply with all ordinances, laws and regulations of city, State and Federal governMent. 93-413 (6) Lessee to comply with Historic Preservation Ordinance and any other requirements of Historic Place or Register should Station 5 be added. (7) Use of premises only as firefighters or law enforcement museum with Lessee to retain admission and membership fees or dues. (8) Maintain proper insurance and indemnify City from all claims. (9) Within first year of lease execute an agreement to make payments in lieu of taxes in the amount of 508 of assessed taxes at the time title is transferred and thereafter. (10) Improvements to property vest in City on default or surrender of the lease or if lessee does not exercise its purchase option. Property reverts to City on default of lease . (11) All City -owned equipment loaned or exhibited in museum shall remain property of the City. (12) Lessee to have purchase option for $1.00 at expiration of lease term. Option must be exercised by notice within 90 days prior to lease term expiration. Option would be conditioned on Lessee's maintenance of charitable non-profit status and no uncured default of any lease provision. (13) Municipal Quitclaim Used to be issued is to include language similar to o long as the property and building described herein is used and operated as a firefighters or law enforcement museum by a charitable nonprofit corporation and so long as said property and building are maintained in compliance with Historic Preservation Ordinance of the City and any other applicable historic preservation requirements', to insure the City's ability to take back property upon a change in use from that which is originally contemplated.