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HomeMy WebLinkAbout1991-05-13 91-195 ORDERCOUNCIL ACTION 91_195 Item No. Nate Nay 6, 1991 Item/Subject: Authorising the execution of an'Agreement and Consent of Landlord:, acknowledging theassignawnt to Jerry D. Conn of a lease between the City and Beacon, Cadillac, Oldsmobile a Jeep (formerly Beacon Motor Company) for land at Bangor International Airport. Department: Community and Economic Development Beacon, Cadillac, Oldsmobile s Jeep (formerly Beacon Motor Company), an automobile dealership, is currently leasing land at Bangor International Airport from the City. Beacon, Cadillac, -Oldsmobile:& Jeep is seeking the City's consent, a required under the lease-, to assign the lease to Jerry D. Conn. Mr. Conn, the President and principal stockholder of the Company, has indicated that he will comply with the requirements of the lease regarding assig:went. ( 1 ti I I I l l i Associated InforinatiomOA&A, 6 iii Finance Director Legal Approval: Ow b.,. t { � �� city solicitor Introduced For Passage _First Reading Page 1 of 1 Referral COUNCIL ACTION Item No. Date May 10f 1991 Item/Subject: Authorizing the execution of a "Agreement and Consent of Landlord", acknowledging the assignment to Jerry D. Cort of a lease between the City and Beacon, Cadillac, Oldsmobile & Jeep (formerly Beacon Motor Company) for lan at Bangor International Airport and the subleasing of the land to Beacon, Cadillac, Oldsmobile & Jeep. Department: Community and economic Development Beacon, Cadillac, Oldsmobile & Jeep (formerly Beacon Notor Company), an automobile dealership, is currently leasing land at Bangor International Airport from the City. Beacon, Cadillac, Oldsmobile s Jeep is seeking the City's consent,as required under the lease, to assign the lease to Jerry D. Conn. Mr. Cort, the president and principal stockholder of the company, has indicated that he will comply with the requirements of the lease regarding assignment. Nr. Conn also wishes to sublease the land to Beacon, Cadillac, Oldsmobile & Jeep. 0/ apartment Ma City Manager Associated Information: Finance Director City Solicitor 8 Passage _First Reading Page 1 of I Referral 91-195 Aeugned to CooncJw Frankel, May 13, 1991 CITY OF BANGOR (TITLE.) (Drur, _. AythQriz ing_, the city, Manager, to.. axacute..an _. Laldlord _... __ By the city Cow"OU of IRs City ofBnryor: ORDERED, TMT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an "Agreement and Consent of Lan lord", acknowledging the assignment to Jerry D. Conn of a y leas between the City and Beacon, Cadillac, Oldsmobile 6 Jeep Ifor erly Beacon Motor Company) for land at Bangor International Airport. 91-195 ORDER In City Council May 13,1991 Mevsd to New Business Title, Amended as follows Authorizing til- ;ity Maregar to after the word lease in Execute an ACreement and Cement Tian 4th lire add the t ......ruL &.H ...................... fallowing - Dated July62NUf AV76 as amm0ad"': by document .... dated July 14th 1987 Passed as emended 1 y C1 F 9YC .... ......................... .... .. Asoped to 0"... FA44nl' z� . Councilman To: Bangor City Council From; Stephen A. Bolduc, omic Development Director, Dept. of Community ae;d B Development Date; May 13, 1991 Subject: Consent to Assignment of Beacon, Cadillac, Oldsmobile A Jeep (formerly Beacon Motor Company) lease This a request for your approval to execute an "Agreement and Consent of Landlord" acknowledging the .assignment of a land lease from Beacon, Cadillac, Oldsmobile c Jeep (formerly Beacon Motor Company) to Jerry D. Conn and Mr. Conn's subleasing the land to Beacon, Cadillac, Oldsmobile a Jeep. Attached is an amended Council Orden The Community and Economic Development Committee in its consideration of the request for asigrment was not asked to also approve Mr. Conn's sublease to Beacon, Cadillac, Oldsmobile c Jeep. Beacon, Cadillac, Oldsmobile S Jeep (formerly Beacon Motor Company), an automobile dealership, is currently leasing land at Bangor International Airport from the City. Beacon, Cadillac, Oldsmobile a Jeep is seeking the City's consent, as required under the lease, to assign the lease to Jerry D. Conn. Mr. Conn, the president and principal stockholder of the company, has Indicated that he will comply with the requirements of the lease regarding assignment. Mr. Conn also wishes to sublease the land to Beacon, Cadillac, Oldsmobile a Jeep. 91-195 AN.BNDED a mnw to Councilor r CITY OF BANGOR (T(TLL) (OTb2T Authorizing the City Manager to execute an *Agreement .And_Lonsent..oE...Landlnrd" ..... ............. ......... ............ By the City Counai4 of the City ofBaaynr., ORDERED, THAT the City Manager is hereby authorized and directed, n behalf of the City of Bangor, to execute a "Agreement and Consent of Landlord", acknowledging the assignment to Jerry D. Conn of a lease between the City and Beacon, Cadillac, Oldsmo- bile -s Jeep (formerly Beacon Motor Company) for land at Bangor International Airport and the subleasing of the land to Beacon, Cadillac, Oldsmobile s Jeep. 91-195 May 2, 1991 Mr. Ken Gibb Community and Economic Development Director City of Bangor City Nall 73 Barlow Street ...._ Bangor, ME 04401 RE: Beacon, Cadillac, Oldsmobile 6 Jeep (formerly Beacon Motor Company) - City of Bangor Lease Request for Consent to Assignment Dear Mr. Gibb: I amwritingto you in connection with the regveet of Beacon, Cadillac. Oldsmobile a Seep (the "Company") that the City of Bangor grant its consent to the assignment by the Company to me of the existing lease between the Company and the City of Bangor dated June 7, 1976, recorded In File Nos. D-626-76 and D- 626 -76A, Penobscot Registry of Deeds, under indenture of Lease dated July 26, 1976 (the "Lease"), in response to Steve Bolduc's request for the information set forth below. I am a principal stockholder of the Company and the Company's president. Concurrent with the assignment of the Lease to me,: the Company will transfer to me, and I shall purchase from the Company, the buildings and other improvements constructed by the Company on the land. The assignmentof the Lease and the transfer of the buildings and improvements by the Company to me is to be made in connection with an internal reorganisation of the Company which does not have an impact on and does not alter in any way the business operation of the Company. with respect to the specific provisions of Article XIX of the Lease, I am submitting the following information in response to the requests set forth in subsections (I) through (4) of Article XIX of the Lease$ 91-195 Mr. Ren Gibb Pe'+ 9 M 1. The name and address of the assigner) is as follows: Jerry D. Conn - - RPD i2o Box 172 Brewer, MB 04412 and the principal office is at the Company's place of business, namely: 361 Griffin Road Bangor, MB 04401 2. The instrument of assignment will specifically require Compliance by the aeaignee with the obligations imposed by the terms of the Lease upon the leasee. 3. There are no revisions presently contemplated in the use of the land, ox in Site plans and building layout and design. 4. The land, together with the buildings and improvements thereon, will be leased by me to the Company and that portion of the rental attributable to the land shall be at a rate no greater than that charged to the Company by the City Of Bangor under the Lease. I am presently on vacation and do not plan to return until some time after the meeting to be held by the Community Economic Development Committee on May 6 for the purpose of acting upon this request. The Company's attorney, Nicholas P. Brountas, will bepresent, and I am certain that he will be able to answer any questions you or any other members of the Committee may have. I appreciate the prompt and courteous attention that you have given to the Company's request and look forward to favorable action by the Cc�ittee. V truly yo 2G 71 JDCEmrt try D,/Conn -