HomeMy WebLinkAbout1992-04-13 92-209 ORDERCOUNCIL ACTION
Item No. 93-309
Date Aoi'1 8. 1992
Item/Subject: Parking Lease Amendments with Bangor Development
Associates
Responsible Department: Community and Economic Development
Commentary:
The proposed lease amendment with Bangor Development Associates
reflects a transfer of maintenance responsibility for the Atler
Parking lot to Bangor Development Associates from the City of Bangor.
The 22 spaces in this lot are Leased for the purpose of serving the
tenants of the Bangor Schoolhouse project on a long-term basis.
The Community A economic Development Committee has recently
endorsed a policy where the City would credit a private party a total
of $4 per space per month if that party is responsible for snow
removal, striping, sanding and other maintenance duties. This amount
reflects estimated savings to the City for not undertaking maintenance
and parking enforcement activities (See attached information). The
Committee has recommended implementation of this policy for the
Schoolhouse project and the lease amendment reflects this
recommendation. Robert Baldacci, Sr. has also requested that the
Schoolhouse project be credited for maintenance undertaken in recent
years. After consideration of the request, the Coamittee recommends
that a total of $2,000 be credited towards future parking lease
payments by Bangor Development Associates. This is also included in
the lease amendment.
De"llart/nent Head
Manager's Comments
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City Manager
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Finance Director
Legal Approval: (bvnel)er Jdgtdneci Mmy
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City Solic'tox
%Passage
_First Reading Page _1—, of I
_Referral
92-209
A Ped b Councym Frankel April 13, 1992
CITY OF BANGOR
Er
(TITLE) (orb= Authorizing City Manager to Execute Amendment.__.
to Lease Agreement with Bangor Development Associates
By W CRY Caarml of Me 04V of Dawe.:
ORDEM u,
THAT the City Manager is hereby authorized to execute a
"Second Lease Agreement Amendment- to the City's Lease Agreement
with Bangor Development Associates dated August 31, 1984, a copy of
said "Second Lease Agreement Amendment" being on file in the City
Clerk's office. -
t 92-209
In City Council April 13.1992
Passed O R D E R
Councilor Bladacci conflict
j �) Title,
g,{Q,41rn'00coizing. City Manager to execute .
'CRy Clerk endment to leaaezgre en[ with
Bangor Development Associates
........�.../......a....................
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92-209
MEMO
TO: Community d Economic Development Committee
FBt Ken Gibb, Director of Community 6 Economic Development Dept.
RE: Parking Lease Amendment with Bangor Development Associates
DATE: March 32, 1992
At the last meeting the Committee approved a policy for
reducing lease fees for lessees who take on the responsibility of
maintaining municipal parking lots. The amount approved was $4
per month per space if all maintenance responsibilities are
accepted by the Lessee. Bangor Development Associates are
interested in this option. Staff recommends approval of a lease
amendment under the following guidelines.
1. The price reduction of $4 shall be from the downtown
surface parking rate in effect at the annual anniversary
date of the lease and only for the 22 spaces located in
the Upper Atler lot (not the a spaces located at Abbott
Square).
2. Lessee fully accepts the premises in current condition.
3. Lessee is responsible for all snow removal, sanding,
salting, all routine maintenance such as sweeping,
striping, patching and any necessary paving overlays.
4. Upon termination of the lease, the Lessee shall return,
to the City, the parking lot in a condition similar to
that condition existing when this lease amendment became
effective. During the lease period, and prior to return
of the premises to the City, the Lessee shall complete at
least one, 1° paving overlay of the entire premises.
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92-209
BALDACCI`�`
ASSOCIATES
s]HARwWTlis T Mp2el9ii1
HPIv'302 MNNF WWI lOJ-99i-1273 (FAX)
March 10, 1992
Mr. Ken Gibb
Director, Planning and Community Development
City Hall
Harlow Street
Bangor, Maine 04401
RE: Atler Parking lot
Dear Ken,
I am pleased to learn that the City is finally willing to
give credit for the fact that Bangor Development Associates, the
owner of the schoolhouse, has assumed all maintenance for the 22.
space Atler Lot parking facility. The $4/space/month credit
seems fair and reasonable.
The only remaining issue is the amount of such credit we
should apply forall of the months we have plowed snow and
enforced parking in the Atler lot. Our lease w executed o
c
August 31, 1984. As the enclosed c espondence illustrates, we
have undertaken 10M of themaintenance of Atler Lot since that
time. Paying for the very substantial snow plowing and security
in addition to paying the on-going parking fee has resulted in a
financial hardship for the Schoolhouse project.
We would appreciate consideration of allocating the credit
for the time we have assumed all maintenance_ We would like to
apply such credit to our real estate tax obligations as well as
our On-going parking lease.
1 look forward to hearing from you.
Sincerely/
HobeH E. ltla ?, Jr.
cc: A. David Rapaport
92-209
SECOND LEASE AGREEMENT AMENDMENT
THIS SECOND LEASE AGREEMENT AMENDMENT is entered into this
day of April, 1992, by and between the CITY OF BANGOR, a
municipal corporation located in the County of Penobscot, State of
Maine (hereinafter sometimes referred to as the "City) and BANGOR
DEVELOPMENT ASSOCIATES, a Maine Limited Partnership with a place of
business in Bangor, County of Penobscot, State of Maine
(hereinafter sometimes referred to as "Lessee').
WITNESSETH:
WHEREAS, the parties hereto entered into a LEASE AGREEMENT
n August 31, 1984 relative to the lease of thirty (30) parking
spaces in the Abbott Square Parking Lot for utilization in
connection with the use and occupancy of Lessee's building located
at 183 Harlow Street; and
WHEREAS, the parties hereto have previously amended said
LEASE AGREEMENT by execution of a LEASE AGREEMENT AMENDMENT dated
July 30, 1987; and
WHEREAS, the parties hereto have mutually agreed to amend
Articles III, IV and XII of said LEASE AGREEMENT, as previously
amended,
NOW, THEREFORE, in further consideration of the mutual
promises and covenants contained in said LEASE AGREEMENT, the
parties hereby agreed to amend Articles III, IV and XII of said
LEASE AGREEMENT as follows, where additions are underlined and
deletions are struck out,
(1) THAT a new Article III -A be added as follows
ARTICLE III -A
MAINTENANCE OF PREMISES
On and after April 1. 1992, and for the balance of the term
of this Lease Acreament, Losses, at its sole extemse, shall
maintain and keep in good repair the 22 spaces in the Atler Parkin
Lot demised under Article 1. The City, at Its sole expense, shall
maintain and keen in good repair the 8 spaces in the Abbott Square
Barking Lot demised under Article I.
With respect to the 22 spaces in the Atler Parking Lot.
Lessee shall he responsible, at a minimum. to verform the following
maintenance items:
fl) Snow removal and sanding during the winter
season, as ne CessaxV
f21 Regular striving and marking of narking
spaces, as ecessarv;
92-209
-2-
f3) Resurfacing of the lot with asvhalt overlay,
suitable to the City of Bangor, to a minimum
tl h f h fl"1 at least once during
th t f this Lease Aareemenz.
(2) THAT Article IV be amended to read as follows:
ARTICLE IV
USE AND OCC9PANCY oP PREMIERS
A. The Lessee shall use and occupy the premises herein
demised for parking purposes in connection with its development and
rental of the building located at 183 Harlow Street, and for no
other purposes whatsoever without the expressed written prior
consent of the City.
B. The Lessee shall not use oroccupy, or permit the use
and occupancy of, said premises in any manner so as to knowingly
violate any law or regulation of any duly constituted governmental
authority.
C. Subject to the limitations set forth in this Agreement,
the Lessee shall have the exclusive discretion to determine the use
and occupancy of the premises by any third persons, and shall have
all rights to prohibit and remove any persons or vehicles as may
occupy said promises without the Lessee's permission. My such
exercise of Lessee's rights shall be at its own risk and peril.
Furthermore, Lessee shall have the right, at its own expense, to
erect such signs as it deeme necessary to control the use and
occupancy of the premises. Said signs and their location shall be
approved by the City Manager or his designee.
D. The City, through its agents, shall have at all
reasonable times the right to go upon and inspect the demised
premises.
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(3) TXAT Article XII be amended to read as follows
ARTICLE All
ACCESS TO PREMISES
The City, at its own expense, shall reasonably maintain
Ehe-dem#sed-@xem#see-anA all public streets, ways, and sidewalks
and-park#ng-ameas abutting the demised premises. Lessee shall
e his its best efforts to assist the City in carrying out its
responsibilities. Nothing herein shall prohibit the City, on
temporary basis, from denying access to said premises for purposes
of fulfilling its repair-and-ma#ntenawee responsibilities under
this Agreementr-and for the repair and maintenance of public
streets, wand sidewalks areas abutting or near said premises.
(4) THAT except for the foregoing, said Lease Agreement,
dated August 31, 1984, between the City of Bangor and Bangor
Development Associates, and as amended by a Lease Agreement Amended
dated July 30, 1987, will remain in full force and effect in all
other respects between the undersigned.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
CITY OF BANGOR
By
Edward A. Barrett
Its City Manager
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92-209
BANGOR DEVELOPMENT
ASSOCIATES, a Maine Limited
Partnership
By Bangor Schoolhouse
Associates, Its General Partner
By
Witness Robert E. Baldacci, Sr.
Its Partner
UFA
Its Partner