HomeMy WebLinkAbout1988-03-14 88-144 ORDINANCEAmending Zoning Ordinance -1039 Union street
Item/Subject: Contract Zone Change - C.O. 8 88-144
Responsible Department Planning Division
Commentary:
Please be advised that the Planning Board held a public hearing
on the above contract zone change request at its regularly scheduled
meeting on April 19, 1988.
A revised set of contract zone
change conditions was submitted
by the applicant (dated April 6,1988) -addressing concerns. expressed
by the Board.
After careful review of the contract zone change requirements,
and the amended contract zone change conditions, the Boardvoted
five in favor and none opposed to recommend approval to the City
Council of C.O. $ 88-144(As Amended) I
James Patterson, representing the applicant, discussed with
the Board the amended conditions.
No one spoke in opposition.
Manager's Comments:
c„r ue,m-'S4dIT l
Associated Infmmmlon:
Budget Approval:
/'ix mUirc
Legal Approval:
cay S'neirnr
Item No. _
Pap _ol_
-umno, Action
88-144
Item/Subject: Council ordinance No. 88-144
- Amending Zoning Ordinance
1039 Union Street - Contract
Zone Change
ResponsibleDepartment: Planning Division
Commentary:
The Planning Board at its meeting
scheduled on Narch 22, 1988,
voted four in favor and none opposed to
continue this item to its
ext regularly scheduled meeting on Monday, April 4. 1988.
31�efov
Manager's Comments:. ` -I-- . e 4 too
ClyAtill
Associatetl Information:
Budget APpraval: N.R
r„ro-oirc
1
Legal Approval: �C\
ry 5n um
Item No. 88-144
Page_ of_
88-144
Introduced by Councilor Shubert, March 14, 1988
_.; CITY OF BANGOR
(TITLEJ VHrbitta=, .Amending ZonS.ng...Qndinance ............. _.
Be; ondabW by W City Cousur? of W City dBanaer, ae /utleme: .
THAT the zoning boundary lines as established by the Zoning Map of
the City of Bangor dated September 23, 1974, as amended be hereby
further amended as follows:
By changing a parcel of land located at 1039 Union Street (Tax Map
R-24, Parcel No. 11D) from Commercial 3 (Contract) Zone to Commercial
3 (Contract) Zone. Said parcel containing approximately .96 acres
and being more particularly indicated on the map attached hereto and
made a part hereof.
PROVIDED HOWEVER, THAT, in addition to the mandatory conditions imposed
by Chapter VIII, Article 21, Section 11.3, Ordinances of the City of
Bangor, said change of zone is granted subject to the following con-
ditions:
1. The use and/or operation of the subject premises shall be
subject to the following limitations and/or restrictions:
A. The subject property shall be uaed:
1) For the operation of a motor vehicle rental agency;
2) For the retail sale of motor vehicles previously
used as rental vehicles;
3) For the parking of motor vehicles;
4) For the maintenance of vehicles, including
cleaning, washing, waxing and lubricating.
B. The auto rental and vehicle maintenance businesses shall
be conducted within abuilds g loop red -.approximately 50 feet
from the sideline of Union Street. The parking area for
the vehicles will be located between the rear of the
building and the rear of the lot.
C. The front portion of the lot shall be fringed by a grass
strip approximately 5 feet wide on the sides and 10 feet
wide on the front. A fence shall separate the front of
the lot from the rear holding area.
88-144
ORDINANCE
r
l TTILE, l A"e'"I"'g Zoning ordinance . `��
1039 Union St. !('88 PAA 10 A103
In City. Council March 14,1988
refered to Planning LoaN RLCt Svc,.
considou next meeting CITY OF BANGOR
CITY CLERK
Int .ai r2-
CL C
imun
In
Refered to Planning Board
Ci y Clerl `
IN CITY COUNCIL
APt11 35 19 (u. Pw'r
easae y�hc following yea and m
Councilors voting yea
Blanchette, England, Frankel,
Sawyer, Seel, Shubert, Sullivan
an ay.
EBR
88-144
(AMENDED)
CITY OF BANGOR
(TITLE) MrMnwta, Amending-Zoning...Ordinanca ........ .........
1039 Union Street
Be it oniah od by de Cttg ComwU of fit City ofBasmt, as foU mu
THAT the zoning boundary lines as established by the Zoning Map of
rhe City of Bangor dated September 23, 1974, as amended be hereby
further amended as follows.
By changing a parcel of land located at 1039 Union Street (Tax Map
R-24, Parcel No. III) from Commercial 3 (Contract) Zone to Commercial
3 (Contract) Zone. Said parcel containing approximately .96 acres
and being more particularly indicated on the map attached hereto and
made a part hereof.
PROVIDED HOWEVER, THAT, in addition to the mandatory conditions imposed
by Chanter VIII, Article 21, Section 11.3, Ordinances of the City of
Bangor, said change of zone is granted subject to the following con-
ditions:
1. The use and/or operation of the subject premises shall be
subject to the following limitations and/or restrictions:
A. The subject property .shall be used:
1) For the business of renting motor vehicles to the public,
the long term leasing of motor vehicles to the public,
valet parking services,
es, and the retail sale f motor
vehicles previously used in the owners rental or leasing
business.
2) For motor oil and filter replacement for customers of
the valet parking services.
B. No mechanical repairs shall be carried out on the premises
on vehicles being kept for customers of thevalet parking
service. Vehicles parked onthepremises may be washed
and waxed as a service provided to the customer.
C. The auto rental business shall be conducted within a
building located approximately 50 feet from the sideline
of Union Street. The parking area for rental vehicles
and valet parking will be located between the rear of the
building and the rear of the lot.
D. The front portion of the lot shall be reserved for
customer parking and a display of vehicles for sale.
The vehicle parking area shall be screened by the
planting of a hedge or by the erection of a fence
at least 4 feet in height.
E. The building or buildings erected on the property shall
have service bays for maintenance of vehicles. Gasoline
Pumps and tanks may be maintained on the premises for
servicing rental vehicles and those vehicles maintained or
parked on the premises.
2. Execution by those parties with an interest in the affected
property of an agreement providing for theimplementation and enforce-
ment of all the terms and conditions set forth above and the recording
of said executed agreement in the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being on file in they
Office of the City Clerk and incorporated herein by reference. In the
event that said agreement is not so executed and recorded within ninety
(90) days from the date of passage hereof, this Ordinance shall become
null and void.
F//7 C3 CONTRACT CONDITIONS CHANGE
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 88-144
TO: THE CITY COUNCIL AND DATE March 2, 1988
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE) Jayci Lease Corp
2. of 1039 Union Street
R24 Parcel 11D
Atldress City Or Post O free
Telep one
hereby petition to amend the zoning ordinance of the
City of
Bangor, Maine by reclassifying from C-3 (Contract)
zone to
the C 3 Contract zone the property—outlined
in red
on the maps
attached— er�hich are part of
this application,
and
described as follows:
-tango
3. ADDRESS OF PROPERTY (i£ any) 1039 Inion Street
9. NAME AND
Total Area (acres or square eet) cres
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
North side of Union Street East of Heritage Savings
Bank Lot
5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No.
R24 Parcel 11D
6. EXISTING
USE: Motor Vehicle Rental Agency
Zone Change
]. PROPOSED
USE: Motor Vehicle Rental Agency
$140.00
B. NAME AND
ADDRESS OF OWNER OF RECORD: Name Jayci
Lease Corp.
$340.00
Address 1039
Onion Street
-tango
, Inin�'DL'402--
9. NAME AND
ADDRESS OF CONTRACT OWNER (if an
10. SIGNATURE OF OWNER OR CONTRACT OWNER: Agg p
JAY LE/l/!/[J RP 1
11. REPRESENTATIVE OF APPLICANT' Name Hv �C./
(if applicable) C4nthra G. Trloleth. erestAent
Address 1039 union St Ba p4401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE SUGGEST.
RETURN FORM 6 DUPLICATE TO PLANNING DIVISION CITY HALL, BANGOR, ME.
Application Fee:
Processing
Advertising
Total
Zone Change
$90.00
$ 50.00 =
$140.00
Contract Zone Change
90.00
250.00* _
$340.00
*TWO Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
RECEIVED MAR 0 2 Wa
88-144
PROPOSED CONDITIONS
1. The subject property shall be used:
(a) For the operation of a motor vehicle rental agency;
(b) For the retail sale of motor vehicles previously
used as rental vehicles;
(c) For the parking of motor vehicles;
(d) For the maintenance of vehicles, including
cleaning, washing, waxing and lubricating.
2. The auto rental and vehicle maintenance businesses shall
be conducted within a building located approximately 50 feet from
the sideline of Onion Street. The parking area for the vehicles
will be located between the rear of the building and the rear of
the lot.
3. The front portion of the lot shall be fringed by a grass
strip approximately 5 feet wide on the sides and 10 feet wide on
the front. A fence shall separate the front of the lot from the
rear holding area. -
4. The front portion of the lot shall be reserved for
customer parking and a display of vehicles for sale. The vehicle
parking area shall be screened by the planting of a hedge or by
the erection of a fence at least 4 feet in height.
5. The building or buildings erected on the property shall
have service bays for maintenance of vehicles. Gasoline pumps
and tanks may be maintained on the premises for servicing rental
vehicles and those vehicles maintained or parked on the premises.
MEMORANDUM 88-144
DATE: April 12, 1988
TO: - The Planning Board
FROM: The Planning Staff
SUBJECT: Agenda Review - TUESDAY, April 19, 1988 Meeting.
CONSENT AGENDA
Item No. 1: Site Plan Review - 1417V Ohio Street - Landmark Baptist Church
a. Applicant requests site plan approval to construct a 7,600 sq, ft.,
two story church/school building and a 5,100 sq. ft. single story multi-
purpose building located at 1417 Ohio Street in a Civic and Institutional
Zone.
b. The proposed church/school uses are permitted in the C 6 I Zone. The
site plan meets all submittal requirements. The site plan also shows
adequate yard areas, parking, screening and maneuvering areas. Staff
would recommend site plan approval.
Item No. 2: Site Plan Review - Bomarc Industrial Park - United States
Cellular Operating Company of Bangor, Inc.
a. Applicant requests site plan approval to construct a 250 foot tower and
a 720 sq. ft. radio equipment shelter located in Bomarc Industrial Park
in an Industrial 2 Zone.
b. The proposed tower and radio equipment shelters a permitted use in
the I-2 Zone. The site plan meets all submittaland ordinance require-
ments. Staff would recommend site plan approval.
Item No. 3: Site Plan Review - Perry Road - Leen Corporation
a. Applicant requests site plan revision to the previously approved plan
(October 19, 1987) for construction of a warehouse and sales office.
The revision isan adjustment of the two foot tall screening hedge and
deletion of the walkway in front of the office employee parking area
adjacent to the west building wassail located at 259V Perry Road in an
Industrial 2 Zone.
b. Staff would recommend site plan approval.
PUBLIC HEARINGS
Item No. 4: Zone Change - 1039 Union Street-_Jayci Lease Corp. - C.O. A
88-144 (Continued)
a. At your previous meeting the Board voted to continue this item once
again to give the applicant an opportunity to amend the conditions of
the proposed contract zone change revision further. Applicant has
submitted a set of 'revised proposed conditions" to us which more
nearly matched the original contract conditions, (See attached proposed
88-144
conditions). Conditions No. 3, 4, 5, and 6 are identical to those
in the existing contract. Condition No. 1 has changed only insofar
as providing for the addition of valet parking and for the provision
of changing motor oil and filters for the valet parking service
customers.
b.These conditions now are
e almost identical to those approved on the
other rental car/valet service contract which the Board recommended in
this area and eliminate the general services to the public which the
Board has been concerned about. Staff would recommend that the Planning
Board recommend the amended conditions to the. City Council.
Item No. 5: Zone Change - Haskell Road - Webber Oil Company - C.O. p 88-183
a. Applicant requests a change from Agricultural Zone to Commercial 3 Zone
of a property containing approximatelyy 15. acres located at the end of
Haskell Road and abutting Interstate 95. The area in question is pro-
posed for commercial use in the City's Comprehensive Plan and is presently
vacant.
b. Since the commercial zoning is consistent with the City's Land Use
policy for the area and is also comestible with abutting C-3 zoning
to the south, (and also, in keeping with the City's policy for C-3
e of this area of Hogan Road in general) Staff would recommend that the
Board recommend this zone change to the City Council.
OLD BUSINESS
Item No. 7: Planning Board Discussion of Changes in Special Exception
Standards and Ordinance Requirements in Article 22.
a. Attached to this memo is some proposed language to the Special Exception
Standards and Ordinance Requirements in Article 22, Section 2.
C3 CONTRACT CONDITIONS CHANGE
D. The front portion of the lot shall be fringed by a
grass strip approximately 5 feet wide on the sides and
10 feet wide on the front. A fence shall separate the
front of the lot from the rear holding area.
E. The front portion of the lot shall be reserved for
customer parking and a display of vehicles for sale.
The vehicle parking area shall be screened by the
planting of a hedge or by the erection of a fence at
least 4 feet in height.
F. The building or buildingserected on the property shall
have service bays for servicing of rental vehicles. No
repair services will be offered to the public. Casoline
pumps and tanks may be maintained on the premises for
servicing rental vehicles only. -
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the recording
of said executed agreement in the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being on file in the
Office of the City Clerk and incorporated herein by reference. In the
vent that said agreement is not so executed and recorded within ninety
(90) days from the date of passage hereof, this Ordinance shall become
null and void.
aHU of Pyr, Anim
V EPA ATM ENT OF PLAN NP NO AND COMMUN I TV DEVELOPMENT
mu March 3, 1989
Joh, M. LOW
Pa"i,p OHire,
Memo To.
Russ McKenna,
City
Clerk
smug:
Contract Zone
Change
Agreement
- C.O.
8 88-144
Attached is the original copy of the Contract Zone
Change Agreement between the City of Bangor and Jayci Lease
Corp dated May 17, 1988.
Please file this agreement with C.O. 8 88-144.
Attachment
FA
C&1
BK4229 PG297
® C3 CONTRACT CONDITIONS CHANGE
EXHIBIT A
CIL
684225 Pb -298 Par CITY I9COa8 IM88-144
Passed (AMENDED)
- A Tav¢ Copy. Attest:
/o'cc/ir,�---
/- eery CCERR Y OF BANGOR
(TITLE.) MrbIri51ICFe Amending. Zoning.. Ordinance _....._ _._.
1039 Union Street
Be B ordaencd by the City Cannel Of Me City Of Beeper, oaf BOWX
THAT the zoning boundary lines as established by the Zoning Map of
the City of Bangor dated September 23, 1974, as amended be hereby
further amended as follows:
By changing a parcel of land located at 1039 Union Street (Tax Map
R-24, Parcel No. 110) from Commercial 3 (Contract) Zone to Commercial
3 (Contract) Zone. Said parcel containing approximately .96 sexes
and being more particularly indicated on the map attached hereto and
made a part hereof.
PROVIDED HOWEVER, THAT, in addition to the mandatory conditions imposed
by Chapter VIII, Article 21, Section 11.3, Ordinances of the City of
Bangor, said change of zone is granted subject to the following con-
ditions:
1. The use and/or operation of the subject premises shall be
subject to the following limitations and/or restrictions:
A. The subject property shall be used;
1) For the business of renting motor vehicles to the public,
the long term leasing of motor vehicles to the public,
valet parking services, and the retail sale of motor
vehicles previously used in the owners rental or leasing
business.
2) For motor oil and filter replacement for customers of
the valet parking services.
B. No mechanical repairs shall be carried out on the premises
on vehicles being kept for customers of the valet parking
service. Vehicles parked on the premises may be washed
and waxed as a service provided to the customer.
C. The auto rental business shall be conducted within a
building located approximately 50 feet from the sideline
of Union Street. The parking area for rental vehicles
and valet parking will be located between the rear of the
building and the rear of the lot.
EXHIBIT B
BK4229 P6299
D. The front portion of the lot shall be fringed by a
grasa strip approximately 5 feet wide on the sides and
10 feet wide on the front. A fence shall separate the
front of the lot from the rear holding area.
E. The front portion of the lot shall be reserved for
customer parking and a display of vehicles for sale.
The vehicle parking area shall be screened by the
planting of a hedge or by the erection of a fence at
least 4 feet in height.
F. The building or buildings erected on the oronerty shall
have service bays for servicing of rental vehicles. No
repair services will be offered to the public. Gasoline
pumps and tanks may be maintained on the premises for
servicing rental vehicles only.
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the recording
f said executed agreement in the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being on file in the
Office of the City Clerk and incorporated herein by reference. In the
event that said agreement is not so executed and recorded within ninety
(90) days from the date of passage hereof, this ordinance shall become
null and void.
V4229 QG300
FA
/
/
/
/
C&I /
® C3 CONTRACT CONDITIONS CHANGE
FMOBSOOT. SS. RECD MAY 20 1988 10H. -Pa R.M.
90
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011630
CONTRACT ZONING AGREEMENT
BK4229 PG293
THIS AGREEMENT is made as of May 17, 1988, by and between the
CITY OF BANGOR, ancipal corporation with a place of business
located at 73 Harlow Street, in Bangor, County of Penobscot, State
of Maine and Jayci Lease Corp. a Maine Corporation with its
principal place of business in Bangor, County of Penobscot, State of
Maine
WITNESSETH:
WHEREAS, by instrument dated November 5, 1986, Cynthia G.
Triplett and the City of Bangor hereto entered into a Contract
Zoning Agreement (prior Agreement) regarding these same premises;
and
WHEREAS, said prior Agreement has not been recorded as of the
date first mentioned above and therefore has not been recorded
within ninety (90) days of passage of the Ordinance by which it was
authorized; and
WHEREAS, by the express terms of said Ordinance such failure to
record in a timely fashion has rendered said Ordinance null and
void; and
WHEREAS, Jayci Lease Corp has succeeded the interest of Cynthia
G. Triplett in the property subject to the Contract Zoning
Agreement; and
WHEREAS, it is the intent of the parties hereto that this
Contract Zoning Agreement supersede and replace said prior
Agreement; and
WHEREAS, Jayci Lease Corp. is the owner of record of a certain
parcel of land situated in Bangor, County of Penobscot, State of
Maine, said land being located on Union Streetand being identified
n City of Bangor Assessor's Map No. R-24, as Lot 11D. Reference
may be had to a deed recorded in the Penobscot County Registry of
Deeds in Volume 3923, Page 246, for a more particular description of
said land; and
WHEREAS, pursuant to 30 M.R.S.A. Section 4962 (2) (1) and
Chapter VIII, Article 2, Sec. 8 and Article 21, Sec. 11 of the Laws
and Ordinances of the City of Bangor, application was
made for a
contract z change, so-called, to reclassify said parcel of land
(said parcel hereinafter being referred to as the "subject
premises") said parcel comprising a land area of approximately .96
all as set forth in Exhibit A attached hereto and incor-
porated herein by reference, from a Commercial 3 Zone to a Com-
mercial 3 Zone under the Zoning Ordinance of the City of Bangor,
said application proffering certain conditions or restrictions
relating to the physical development and/or operation of the subject
premises; and
WHEREAS, subsequent to a public hearing on the matter, and after
due consideration given to the recommendations of the Planning
Board, the Bangor City Council adopted Council Ordinance 88-144
(Amended) whereby it reclassified the subject premises from a
Commercial 3 Zone to a Commercial 3 Zone under the Zoning Ordinance
of the City of Bangor subject to certain restrictions and/or
conditions, a copy of said Council ordinance 88-144 (Amended) and
the restrictions and/or conditions contained therein being attached
hereto as Exhibit B and incorporated herein by reference.
NOW, THEREFORE, in consideration of the reclassification of the
subject premises from a Commercial 3 Zone to a Commercial 3 Zone
under the Zoning Ordinance of the City of Bangor, the parties hereby
agree as follows:
1. Jayci Lease Corp., its successors and assigns, hereby
covenants and agrees that the use, occupancy and/or development of
the subject premises, in addition to other applicable laws,
ordinances, or regulations of the City of Bangor, shall be subject
to the following restrictions and/or conditions on the physical
development or operation of said property:
BK4229 PG294
a) The subject property shall be used:
1) For the business of renting motor vehicles to the
public, the long term leasing of motor vehicles to the
public, valet parking services,
and the retail sale of
motor vehicles previously Used in the owners rental or
leasing business.
2) For motor oil and filter replacement for customers of
the valet parking services.
b) No mechanical repairs shall be carried out on the premises
on vehicles being kept for customers of the valet parking
service. Vehicles parked on the premises may be washed and
waxedas a service provided to the customer.
c) The auto rental business shall be conducted within a
building located approximately 50 feet from the sideline of
Union Street. The parking area for rental vehicles and
valet parking will be located between the rear of the
building and the rear of the lot.
d) The front portion of the lot shall be fringed by a grass
strip approximately 5 feet wide on the sides and 10 feet
wide on the front. A fence shall separate the front of the
lot from the rear holding area.
e) The front portion of the lot shall be reserved for customer
parking and a display of vehicles for sale. The vehicle
parking area
c
shall be screened by the planting of a hedge
or by the erection of afence at least 4 feet in height.
f) The building or buildipgs erected on the property shall
have service bays for servicing of rental vehicles. No
repair services will be offered to the public. Gasoline
pumps and tanks may be maintained on the premises for
servicing rental vehicles only.
2. The Owner hereby agrees that the above -stated restrictions,
provisions, conditions, covenants, and agreements are made an
essential part of this Agreement, shall run with the subject
premises, shall bind the owner, its successors and assigns, to or of
said property or any part thereof or any interest therein, and any
party in possession or occupancy of said property or any part
thereof, and shall inure to the benefit of, and be enforceable by,
the City of Bangor, by and through its duly authorized repre-
sentatives, and the owner or owners of any abutting parcels of land.
3. The Owner hereby agrees that if it, or any person claiming
under or through it, shall at any time violate or attempt to
folate, or shall omit to perform orobserve any one or more of the
foregoing restrictions, provisions, conditions, covenants, and
agreements, the City of Bangor and the abutting landowners(s) shall
have the following remedies, which may be exercised by the City of
Bangor either jointly or severally:
a. The City of Bangor shall have the right to prosecute
solations of this Agreement in the same manner that
it is authorized to prosecute violations under the
Zoning Ordinance of the City of Bangor in effect at
the time of said violations. For the purposes herein,
solation of this Agreement shall be deemed a
solation of said Zoning Ordinance and shall be
subject to the penalty provisions of said Ordinance in
effect at the time of violation. each day that a
solation is permitted to exist after notification of
the same pursuant to said Ordinance shall constitute a
separate offense.
b. The City of Bangor and/or the owner or owners of
parcels of land which abut the subject premises shall
have the right to institute any and all actions or
proceedings, including the right to enforce all the
terms and provisions of this Agreement by injunction,
legal and equitable actions and all other lawful
process for the enforcement of the same.
BX4229 rc295
The Owner further agrees that the failure of the City of Bangor o
the o of abutting parcels to object to any violation,
however long continued, or to enforce any restrictions, provisions,
conditions, covenants, or agreements contained in this Agreement
shall in no event be deemed a waiver of the right to do so there-
after as to the same breach or violation or as to any breach or
violation occurring prior or subsequent thereof.
4. The City of Bangor and the Owner hereby agree that the
provisions of this Agreement shall remain in full force and effect
until such time as the same may be modified, amended, repealed,
and/or replaced upon their written agreement. It is expressly
understood by the parties hereto that any such change shall be in
accordance with the laws of the State of Maine and the Zoning
Ordinance of the City of Bangor, shall be treated as an amendment to
said Ordinance and shall be processed accordingly.
S. The parties hereto hereby agree that nothing in this
Agreement shall be construed so as to preclude the future axercise
of the Bangor City Council's legislative authority relative to the
zoning of the subject premises. In the event that the zoning of
said premises is changed by the City Council, any use established
under the provisions outlined in paragraph 1, subparagraphs a., b.,
d., and a and f., above, subject to the restrictions,
provisions, conditions, covenants, and agreements contained in this
Agreement, shall be allowed to continue as an onformity or a
nonconforming use, whichever the case may be,in with the
provisions of the Zoning Ordinance, as may be in effect at the time
of said zone change, governing the same.
6. The parties hereto hereby agree, for themselves, their
successors and assigns, to waive any and all rights to challenge the
validity of Council Ordinance 88-144 (Amended) or the terms of this
Agreement.
]. The parties hereto hereby agree that if one of the
restrictions, provisions, conditions, covenants, and agreements, or
portions thereof, contained in this Agreement is for any reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such determination shall not affect the validity of
the remaining portions hereof.
Provided, however, that parties hereto hereby further agree
that in the event any of the contracted provisions contained in
paragraph 1, subparagraphs a., b., c., d., and e., and f., above,
are validated or such other provision is invalidated so as to
constitute a material change in the restrictions, provisions,
conditions, covenants, and agreements negotiated by and between the
parties, the City of Bangor or abutting land owners shall have the
power to seek a reversion and/or change of the zoning of the subject
premises to the current zoning classification a may be i effect at
the time of the processing of any such reversion
and/or change.
Said reversion and/or change may be initiated by a representative of
the City of Bangor or an abutting property owner to the subject
premises, shall be processed in accordance with the procedure
established for an amendment to the Zoning Ordinance in affect at
the time, and shall be evaluated in accordance with the criteria
established for the review of zone
change applications. It being
the intent of the parties hereto that the owner shall not be allowed
to benefit from the zone change for the subject premises in the
ant that the City of Bangor or abutting land owners are deprived
of the conditions negotiated to minimize the negative externalties
of the requested rezoning.
BK4229 FG296
B. Except as expressly modified herein, the use and occupancy
of the subject premises shall be governed by and comply with the
provisions of the Zoning Ordinance of the City of Bangor and any
applicable amendments thereto or replacement thereof.
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first above written.
111=VIVA"
A /L
Witness
JAYCI LEASE CORP
BY
Its /
�r�91�v1�
CITY OF BANGOR
BY 4)/UG(/`�"
Edward A.Barrett
Its City Manager
STATE OF MAINE
Penobscot, as. /May19888
Then personally appeared the above-named ym-biO &.
and acknowledged the foregoing to be free act and deed in
his/her capacity and the free act and deed of said Bayci Lease Corp.
Before me,
Jd,P/jAgdt
Primite Name:(lf0frcf L. Old IIY
-OUS-MR -_ _..— -M' -
Notary Public
ase
STATE OF MAIN O
Penobscot, as. 1/✓i. ,1988
Then personally appeared the above-named Edward A. Barrett and
acknowledged the foregoing to be his free act and deed in this said
capacity as City Manager and the free act and deed of said City of
Bangor.
Before me,
Printed Name:,Na'NdS
S e
NUTUry
Attorney at Law