HomeMy WebLinkAbout2018-07-23 18-289 OrderTitle, Order
CITY COUNCIL ACTION
Council Meeting Date: 07/23/2018
Item No: 18-289
Responsible Dept: Legal
Requested Action: Order
07/23/2018 18-289
Map/Lot: 001-258
Authorizing Execution of Amendment to Agreement with the City of Bangor School Department and Southern
Penobscot Regional Program for Children With Exceptionalities - 208 Maine Avenue
Summary
This Order will authorize the City Manager to execute an amendment to the Agreement with the
Bangor School Department to increase the amount of land used for the Southern Penobscot Regional
Program and to extend the term to July 31, 2034 . The City of Bangor and the Bangor School
Department executed an Agreement on March 25, 2014 allowing the Bangor School Department to
occupy land and building located at 208 Maine Avenue for the operation of a special education and
related services day treatment facility. The Agreement was assigned to the Southern Penobscot
Regional Program for Children With Exceptional ities. The Agreement was for a period of ten (10)
years.
Due to an increase in demand for services, the City of Bangor School Department and Southern
Penobscot Regional Program for Children With Exceptional ities have requested to amend the
Agreement to increase the amount of land and extend the term to July 31, 2034 and to add
additional land for the treatment facility's use.
Committee Action
Committee: Council Workshop Meeting Date:
Action: Recommend for passage For: Against:
Staff Comments & Approvals
City Manager
Introduced for: Consent
�2
City Solicitor
Finance Director
CITY OF BANGOR ORDER
Date: 07/23/2018
Item No: 18-289
Assigned to Councilor: Supica
07/23/2018 18-289
Authorizing Execution of Amendment to Agreement with the City of Bangor School Department and Southern
Penobscot Regional Program for Children With Exceptionalities - 208 Maine Avenue
WHEREAS, by Agreement dated March 25, 2014 between the City of Bangor and the Bangor School
Department, the parties agreed that the Bangor School Department may occupy land and building located at
208 Maine Avenue for the operation of a special education and related services day treatment facility; and
WHEREAS, said Agreement was assigned to the Southern Penobscot Regional Program for Children With
Exceptionalities; and
WHEREAS, due to an increase in demand for services, the City of Bangor School Department and Southern
Penobscot Regional Program for Children With Exceptionalities have requested to amend the Agreement to
increase the term and to add additional land for the treatment facility's use.
Be it Ordered by the City Council of the City of Bangor that,
Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute an
amendment to the Agreement between the City of Bangor and the Bangor School Department dated March
25, 2014 for use of land and building at 208 Maine Avenue to increase the amount of land subject to the
Agreement and to extend the term to July 31, 2034 . Said amendment shall be substantially as attached
hereto and in a final form as approved by the City Solicitor.
18-289
JULY 23, 2018
FIRST AMENDMENT TO AGREEMENT
THIS First Amendment to Agreement, executed this day of , 2018, by and
between:
CITY OF BANGOR, a Maine municipal corporation with offices
at 73 Harlow Street, Bangor, Maine;
and
BANGOR SCHOOL DEPARTMENT, a Department of the City
of Bangor with a mailing address of 73 Harlow Street, Maine,
and
SOUTHERN PENOBSCOT REGIONAL PROGRAM FOR
CHILDREN WITH EXEPTIONALITIES, a regional education
cooperative (Assignee)
RECITALS:
The City of Bangor and the Bangor School Department are parties to an agreement dated
March 25, 2014 for the use of land and building located at 208 Maine Avenue, Bangor, Maine
for the operation of a special education and related services day treatment facility; and
The Bangor School Department assigned the agreement to the Southern Penobscot
Regional Program for Children with Exceptional iti es (SPRPCE) by Assignment of Lease; and
The Bangor School Department and the Southern Penobscot Regional Program for
Children with Exceptionalities wish to expand the program by acquiring additional land from the
City and adding a portable classroom.
NOW, THEREFORE, the parties do mutually agree that the Agreement between the City
of Bangor and the Bangor School Department dated March 25, 2014 be and hereby is amended
as follows:
THAT Article I — Premises is deleted in entirety and replaced with the following:
ARTICLE I - PREMISES
A. The City of Bangor, for and in consideration of the obligations to be performed by
the Bangor School Department, agrees that the Bangor School Department, upon and subject to
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18-289
JULY 23, 2018
the terms and conditions of this Agreement, may use the following described premises in its
present physical condition:
Land, building, and improvements located at 208 Maine Avenue, Bangor, Maine,
further described in Exhibit "A" to this Agreement (the "Premises").
B. That portion of the Premises identified in Exhibit "A" that consists of
existing ways may be used by the City, its tenants, invitees, and the public unless and
until such time as the City of Bangor no longer allows the use of said ways for access to
property of the City of Bangor. Provided that, however, the City of Bangor use of such
ways shall not interfere with the use of 208 Maine Avenue for the purposed stated herein.
Provided further that the Bangor School Department the Southern Penobscot Regional
Project for Children with Exceptionalities shall not use the leased Premises in such a way
as to interfere with the use of said ways.
THAT Article II — Term is deleted in entirety and replaced with the following:
ARTICLE II - TERM
A. The initial term of this Agreement shall be 20 years commencing on the earlier of
August 1, 2014 or Bangor School Department's opening for special education services in the
Premises (the "Commencement Date") and terminating on July 31, 2034.
B. Not less than 180 days of the end of the term of this Agreement the Bangor
School Department shall notify the City of Bangor if it wishes to continue to use the premises for
the operation of a special education and related services day treatment facility. In such event, the
parties shall discuss the terms and conditions of an Agreement for the continued use of the
premises, though neither party is obligated to enter into another Agreement.
THAT except for the foregoing, said Agreement between the City of Bangor and the
Bangor School Department dated March 25, 2014 will remain in full force and effect in all other
respects between the undersigned.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
written above.
Witness: CITY OF BANGOR
By: Catherine M. Conlow
Its: City Manager
Page 2 of 2
Witness:
18-289
JULY 23, 2018
BANGOR SCHOOL DEPARTMENT
By: Betsy M. Webb, Ed.D.
Its: Superintendent
Witness: SOUTHERN PENOBSCOT REGIONAL
PROGRAM FOR CHILDREN WITH
EXCEPTIONALITIES
By:
Its:
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' 18-289 JULY 23, 2018
BUILDING 2O18LEASE LOT
MAINE AVENUE
CITY OFBANGOR
PENOBSCDTCOUNTY, MAINE
A certain lot or parcel of land with the improvements thereon situate in the City of Bangor, County of
Penobscot, State of Maine, more particularly described as follows:
beginning sdagranite monument located inthe west line ofMaine Avenue and the
east line ofland shown asLot 14nnaplan titled "Maine Business Enterprise Perk
Subdivision Plan" dated October 13. 1904. recorded in the Penobscot County
Registry ofDeeds Manbook D171, Page 94, said granite monument io located with
reference huthe Maine Coordinate System of 1983. East Zone, with a Northing of
414,953.45 U.S. Survey Feet and mnEaatinQofSO4.O9774U.S.Survey Feet;
thence along the west sideline nfMaine Avenue South twenty-six degrees, thirty-eight
minutes, sixteen seconds West (S 26"38'16"VV)edistance cfnineteen and ninety-
seven hundnedthshaet(10.Q7')tothesoutheootcornerofaoidLot14;
thence along the west sideline of Maine Avenue South twenty-six degrees, six
minutes, forty-six seconds West (S2G^OG'4G"VV)adistance mfone hundred forty and
eighty-seven hundredths feet (14O.87')hoa point
thence running southerly of a paved access road South eighty degrees, fourteen
minutes, four seconds West (S8O°14'04'VV)adistance ofone hundred sixty three
and sixty-five hundredths feet (163.65') to the southeast corner of Lot 15 as shown on
said Maine Business Enterprise Park Subdivision Plan;
thence along the south line ofsaid Lot 15South eighty degrees, fourteen minutes,
four seconds West (S 80014'04" W) a distance of forty and zero hundredths feet
thence running westerly ofapaved access road North nine degrees,
minutes, fifty-three seconds West (N 09045'53" W) through said Lot 15. through Open
Space mashown on said Maine Business Enterprise Park Subdivision Plan and
through other lands now orformerly ofthe City ofBangor near the southwest corner
ofBuilding #2G2 as depicted on said Maine Business Enterprise Park Subdivision
P|on, a distance of five hundred eight and forty-two feet (50842') to a point;
thence running northerly of paved access road North seventy-six degrees, thirty-six
minutes, eighteen seconds East (N 76036'18" E) a distance of one hundred ninety
one and forty-two feet (1Q1.42')feet toanorthwest corner ofsaid Lot 14;
thence along the north line of said Lot 14 North seventy-six degrees, thirty-six
minutes, eighteen seconds East (N 76036'18" E) a distance of one hundred forty and
zero hundredths feet (140.00') to a corner in said Lot 14;
thence along the west line of said Lot 14 North thirteen degrees, twenty-three
minutes, forty seconds West (N13"23'4O"VV) adistance ofone hundred and zero
hundredths feet (1OO.00')hoacorner |nsaid Lot 14;
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P|isQa & Day wLand Surveyors
72 Main Street
Real Property Description
thence along the north line of said Lot 14 North seventy-nine degrees, thirty-nine
minutes, fifty-seven seconds East (N 79039'57" E) a distance of twenty five and zero
hundredths feet (25.00') to a point;
thence South sixty-three degrees, fifteen minutes, forty-seven seconds East (S
63'15'47" E) a distance of two hundred thirty and sixty-nine hundredths feet (230.69')
to a point;
thence South eighteen degrees, fifteen minutes, forty-seven seconds East (S
18"15'47" E)adistance ofthirty five and thirty-six hundredths feet (35.3G')to a point
in the west sideline ofMaine Avenue;
thence along the west sideline mfMaine Avenue South twenty-six degrees, forty-four
minutes, thirteen seconds West (S 26044'13" W) a distance of four hundred six and
eighty-five hundredths feet (406.85') to the point of beginning, enclosing an area of
4.888 acres.
This conveyance is SUBJECT to right of way for ingress and egress toothers over a forty foot (40.0I)
wide strip of land more particularly described as follows:
beginning at a point in the west sideline of Maine Avenue, said point being located
with reference to the Maine Coordinate System of 1883. East Zone, with a Northing
of414.O53.43U.G.Survey Feet and enEaatingofgO4.O4O.51 U.S. Survey Feet;
thence along the west sideline of Maine Avenue South twenty six degrees, six
minutes, forty-six seconds West (S2G"OG'4G'VV)adistance offorty nine and thirty-
seven hundredths feet (49.37') to the southeast corner of the herein above described
Lease Lot;
thence South 80degrees, fourteen minutes, four seconds West (S00014,04" W) a
distance of two hundred three and sixty-five hundredths feet (203.65') to a point in
the southwest corner mfthe herein above described Lease Lot;
thence along the west line of the herein above described Lease Lot North nine
degrees, forty-five minutes, fifty-three seconds West (N 09045,53" W) a distance of
five hundred eight and forty-two hundredths feet (508.42') to the northwest corner of
the herein above described Lease Lot;
thence along the north line of the hereinabove described Lease Lot North seventy-six
degrees, thirty-six minutes, eighteen seconds East (N 76036'18" E) a distance of forty
and eight hundredths feet (4D.O8')boa point;
thence South nine minutes, forty-five minutes, eighteen seconds East (S 09'45'53"
E) a distance of 470.96 feet to a point; thence North eighty degrees, fourteen
minutes, four seconds East (N 80014'04" E) a distance of one hundred ninety two
and fifty-eight hundredths feet (192.58') to the point ofbeginning, enclosing an area
of 27,510 square feet (0,632 acres.)
Bearings referenced herein are oriented tnGrid North referencing the Maine Coordinate System of1B83.
Page 2 of 3
72 Main Street
Bangor, Maine 04401
conducted byP|isga&Day, Land Surveyors in 2018 (reference project number 91268). Coordinate
values identifying the point of beginning are provided as an aid in location of the property and are not
intended to control bearings, distances or the positions marked by monuments defining the property
boundaries.
June 142O/8
Jonathan M. Stewart
Professional Land Surveyor, Maine License #2J27
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pnsga& Day * Land Surveyors
18-289 JULY 23, 2018
Real Property Description EXHIBIT /1
BUILDING 2018 LEASE LOT
MAINE AVENUE
CITY OF BANGOR
PENOBSCOT COUNTY, MAINE
A certain lot or parcel of land with the improvements thereon situate in the City of Bangor, County of
Penobscot, State of Maine, more particularly described as follows:
beginning at a granite monument located in the west line of Maine Avenue and the
east line of land shown as Lot 14 on a plan titled "Maine Business Enterprise Park
Subdivision Plan" dated October 13, 1994, recorded in the Penobscot County
Registry of Deeds Planbook D171, Page 94, said granite monument is located with
reference to the Maine Coordinate System of 1983, East Zone, with a Northing of
414,953.45 U.S. Survey Feet and an Easting of 904,097.74 U.S. Survey Feet;
thence along the west sideline of Maine Avenue South twenty-six degrees, thirty-eight
minutes, sixteen seconds West (S 26°38'16" W) a distance of nineteen and ninety-
seven hundredths feet (19.97') to the southeast corner of said Lot 14;
thence along the west sideline of Maine Avenue South twenty-six degrees, six
minutes, forty-six seconds West (S 26°06'46" W) a distance of one hundred forty and
eighty-seven hundredths feet (140.87') to a point;
thence running southerly of a paved access road South eighty degrees, fourteen
minutes, four seconds West (S 80°14'04" W) a distance of one hundred sixty three
and sixty-five hundredths feet (163.65') to the southeast corner of Lot 15 as shown on
said Maine Business Enterprise Park Subdivision Plan;
thence along the south line of said Lot 15 South eighty degrees, fourteen minutes,
four seconds West (S 80°14'04" W) a distance of forty and zero hundredths feet
(40.00') to a point;
thence running westerly of a paved access road North nine degrees, forty-five
minutes, fifty-three seconds West (N 09°45'53" W) through said Lot 15, through Open
Space as shown on said Maine Business Enterprise Park Subdivision Plan and
through other lands now or formerly of the City of Bangor near the southwest corner
of Building #252 as depicted on said Maine Business Enterprise Park Subdivision
Plan, a distance of five hundred eight and forty-two feet (508.42') to a point;
thence running northerly of paved access road North seventy-six degrees, thirty-six
minutes, eighteen seconds East (N 76°36'18" E) a distance of one hundred ninety
one and forty-two feet (191.42) feet to a northwest corner of said Lot 14;
thence along the north line of said Lot 14 North seventy-six degrees, thirty-six
minutes, eighteen seconds East (N 76°36'18" E) a distance of one hundred forty and
zero hundredths feet (140.00') to a corner in said Lot 14;
thence along the west line of said Lot 14 North thirteen degrees, twenty-three
minutes, forty seconds West (N 13°23'40" W) a distance of one hundred and zero
hundredths feet (100.00) to a corner in said Lot 14;
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Plisga & Day • Land Surveyors
72 Main Street
Bangor, Maine 04401
www.We
18-289 JULY 23, 2018
Real Property Description EXHIBIT /1
thence along the north line of said Lot 14 North seventy-nine degrees, thirty-nine
minutes, fifty-seven seconds East (N 79°39'57" E) a distance of twenty five and zero
hundredths feet (25.00') to a point;
thence South sixty-three degrees, fifteen minutes, forty-seven seconds East (S
63°15'47" E) a distance of two hundred thirty and sixty-nine hundredths feet (230.69')
to a point;
thence South eighteen degrees, fifteen minutes, forty-seven seconds East (S
18°15'47" E) a distance of thirty five and thirty-six hundredths feet (35.36') to a point
in the west sideline of Maine Avenue;
thence along the west sideline of Maine Avenue South twenty-six degrees, forty-four
minutes, thirteen seconds West (S 26°44'13" W) a distance of four hundred six and
eighty-five hundredths feet (406.85') to the point of beginning, enclosing an area of
4.888 acres.
This conveyance is SUBJECT to right of way for ingress and egress to others over a forty foot (40.00')
wide strip of land more particularly described as follows:
beginning at a point in the west sideline of Maine Avenue, said point being located
with reference to the Maine Coordinate System of 1983, East Zone, with a Northing
of 414,853.43 U.S. Survey Feet and an Easting of 904,048.51 U.S. Survey Feet;
thence along the west sideline of Maine Avenue South twenty six degrees, six
minutes, forty-six seconds West (S 26°06'46" W) a distance of forty nine and thirty-
seven hundredths feet (49.37') to the southeast corner of the herein above described
Lease Lot;
thence South 80 degrees, fourteen minutes, four seconds West (S 80°14'04" W) a
distance of two hundred three and sixty-five hundredths feet (203.65') to a point in
the southwest corner of the herein above described Lease Lot;
thence along the west line of the herein above described Lease Lot North nine
degrees, forty-five minutes, fifty-three seconds West (N 09°45'53" W) a distance of
five hundred eight and forty-two hundredths feet (508.42') to the northwest corner of
the herein above described Lease Lot;
thence along the north line of the hereinabove described Lease Lot North seventy-six
degrees, thirty-six minutes, eighteen seconds East (N 76°36'18" E) a distance of forty
and eight hundredths feet (40.08') to a point;
thence South nine minutes, forty-five minutes, eighteen seconds East (S 09°45'53"
E) a distance of 470.96 feet to a point; thence North eighty degrees, fourteen
minutes, four seconds East (N 80°14'04" E) a distance of one hundred ninety two
and fifty-eight hundredths feet (192.58') to the point of beginning, enclosing an area
of 27,510 square feet (0.632 acres.)
Page 2 of 3
Plisga & Day • Land Surveyors
72 Main Street
Bangor, Maine 04401
www.We
18-289 JULY 23, 2018
Real Property Description EXHIBIT /1
Bearings referenced herein are oriented to Grid North referencing the Maine Coordinate System of 1983,
East Zone, North American Datum of 1983 (2011)(Epoch: 2010.0000) as determined by a survey
conducted by Plisga & Day, Land Surveyors in 2018 (reference project number: 91266). Coordinate
values identifying the point of beginning are provided as an aid in location of the property and are not
intended to control bearings, distances or the positions marked by monuments defining the property
boundaries.
Page 3 of 3
Plisga & Day • Land Surveyors
72 Main Street
Bangor, Maine 04401
v ww. eMalal ,co
18-289 JULY 23, 2018
Real Property Description EXHIBIT /1
60.00' WIDE
ACCESS EASEMENT
MAINE AVENUE TO AIRPORT RAMP
CITY OF BANGOR
PENOBSCOT COUNTY, MAINE
An access easement for ingress and egress and all purposes of a way including the right to install sewer,
water, electrical, natural gas, stormwater and telecommunications utilities over and below a strip of land
with improvements thereon situate in the City of Bangor, County of Penobscot, State of Maine, more
particularly described as follows:
beginning at point in the west sideline of Maine Avenue, said point being located N
26144'13" E a distance of 406.85 feet from a granite monument located in the east
line of land shown as Lot 14 on a plan titled "Maine Business Enterprise Park
Subdivision Plan" dated October 13, 1994, recorded in the Penobscot County
Registry of Deeds Planbook D171, Page 94, said granite monument is located with
reference to the Maine Coordinate System of 1983, East Zone, with a Northing of
414,953.45 U.S. Survey Feet and an Easting of 904,097.74 U.S. Survey Feet;
thence N 18°15'47" W a distance of 35.36 feet to a point;
thence N 63°15'47" W a distance of 230.69 feet to a point in the north line of said Lot
14;
thence along the north line said Lot 14 N 79°39'57" E a distance of 99.53 feet to a
point;
thence S 63°15'47" E a distance of 151.27 feet to a point;
thence N 71 °44'13" E a distance of 35.36 feet to a point in the west sideline of Maine
Avenue;
thence along the west sideline of Maine Avenue S 26°44'13" W a distance of 110.00
feet to the point of beginning, enclosing an area of 13,580 square feet (0.312 acres.)
Bearings referenced herein are oriented to Grid North referencing the Maine Coordinate System of 1983,
East Zone, North American Datum of 1983 (2011)(Epoch: 2010.0000) as determined by a survey
conducted by Plisga & Day, Land Surveyors in 2018 (reference project number: 91266). Coordinate
values identifying the point of beginning are provided as an aid in location of the property and are not
intended to control bearings, distances or the positions marked by monuments defining the property
boundaries.
Page 1 of 1
Plisga & Day • Land Surveyors
72 Main Street
Bangor, Maine 04401
www.We
IN CITY COUNCIL
JULY 23, 2018
CO 18-289
PASSED
4,0 gCITY CLERK