HomeMy WebLinkAbout2020-03-23 20-111 Order
03/23/202020-111
03/23/2020
20-111
Legal
Order
043-040-C
Title, Order
Authorizing Execution of Amendment to Lease with Waterfront Concerts, LLC
This Order would authorize execution of an amendment to the City's lease with Waterfront Concerts in order to correct
several discrepancies in the lease agreement that have been identified by staff. The purpose of the amendment is to
correct these discrepancies and clarify the terms of the lease.
The Amended and Restated Indenture of Lease executed on November 4, 2019, between the City and Waterfront Concerts
contained several exhibits, two of which were diagrams related to the lease site. Exhibit A showed the extent of the lease
site, while Exhibit F showed the improvements contemplated. Unfortunately, Exhibit A was not updated to show the area
of the additional improvements; neither the space used for the lawn entry area, nor the area of the change to the fence
line made after the construction of the backstage road were included on Exhibit A. Staff has prepared a new exhibit A that
is updated to include existing improvements and those contemplated by the lease.
Staff also recommends clarifying in the lease that in order to use any City property outside of the area described in Exhibit
A, such as for construction equipment, the lessee must first obtain permission from the City Manager or City Engineer.
The approved lease also contains a provision that allows the lessee to install a freestanding electronic sign on city land.
Because of the inclusion of permanent buildings and signage in the approved site plan, the lessee no longer requires or
requests this freestanding sign. Staff therefore recommends removal of this provision.
Finally, as the improvements to the venue will go across an Emera easement, Emera has indicated its interest in vacating a
portion of the easement and transferring the underlying equipment to the lessee, as the equipment only serves them. The
lease amendment would provide permission for the lessee to own, operate and maintain this electrical system. The lease
should also provide that the lessee would be responsible for any damage to the premises done by Emera Maine in
exercising its remaining easement rights.
Recommend for passage
Consent
CITY OF BANGOR ORDER
03/23/202020-111
03/23/2020
20-111
Fournier
Authorizing Execution of Amendment to Lease with Waterfront Concerts, LLC
WHEREAS, staff has identified several discrepancies in the City's lease with Waterfront Concerts, LLC; and
WHEREAS, it is to the City's benefit to correct these discrepancies and clarify the terms of the lease;
Be it Ordered by the City Council of the City of Bangor that,
The City Manager is hereby authorized to sign an amendment to its First Amended and Restated Indenture of
Lease with Waterfront Concerts, LLC. The amendment shall include replacing Exhibit A to the Lease with a
revised exhibit showing the extent of lease area; clarifying that in order to use any City property outside the
leased area, permission must first be obtained from the City Manager or City Engineer; removing a provision
regarding a freestanding sign; providing permission for Waterfront Concerts to own, operate and maintain an
electrical system; and providing that Waterfront Concerts is responsible for any damage to the premises done
by Emera Maine in exercising its remaining easement rights.
IN CITY COUNCIL
MARCH 23,2020
CO 20-111
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: FOURNIER,HAWES,NICHOLS,OKAFOR, SCHAEFER, SPRGUE, SUPICA,TREMBLE,
DAVITT
COUNCILORS VOTING NO: NONE
PASSED
CITY CL RK