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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 SIP'm OF M4/ RSGISTRY,o . hyd jLm�M.. ugixoreaLDj ^Lely �G-hN`�.n(sgJ V 0:35 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