HomeMy WebLinkAbout1977-08-08 349 AE ORDER369 As
Introduced by Councilor soulae• August s, 19]]
v CITY OF BANGOR
mW (orb Authorizing the City Treasurer to Bxecute a Lease
with Merohants National Bank of Bangor
BY the Oft CoanaB oft COY offlaugar:
r•tx• i.
TEAT the City Treasurer be and hereby is authorized to
execute the attached Lease with the Merchants National Bank of
Bangor for a piece of land adjacent to, and underneath the
Pedestrian Walkway, bordering said Merchants Bank property, to
be used for bank parking.
-STATEMENT OF FACT:
The Lease involves a 4 foot wide strip of land, plus an addi-
tional 6 foot wide strip under the Pedestrian. Walkway, which
has been deeded to the City of Bangor by .the Urban Renewal
Authority, and which the Merchants Bank wishes to utilize to
expand the width of their existing parking area. The land in
question would serve no other useful purpose to the City.
k IN CITY CC&IL
August 8, 1977
Passed.
CIxY CIE
349 At. -'
ORDERS
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Oouncilman
RECEIVED
CITY OF BANGOR
CITY CLERK'S OFFICE
T N55 4 pry 4 05
LEASE
IRffiMNEE OF LEASE made this day of
1977, by end between Ci" of Banger, Penobscot County, Naive,
(hexeina[Eex called "Lessor"), and Mexclvpte National nant of
Bangor, a national banking asacolatim duly existing as a
corporation wader and by Airbus of the Lana of the on10.N
States of America and having its place Of budineee at Langer,
Imbobscob County, Maine, (hereinafter called "Leasee"),
N I T N E S S E T H, THAT
.The Lessor does hereby lease, demise and let unto the
Lessee the land described in "Schedule A" award hereto and
made a pert hereof, and hereinafter called "damdzad pr mieee°.
TO HAVE AND TO HM for the tem of eight (8) years.
commencing an September 1, 19? ,.and terminating. On August
31, 1985, yielding and payied therefor a rental of Cue Hundred
Dollars (g100.W) per year, payable amually an September 1.
Than Leaee is given and accepted subject to the following.
conditions:
1. The demised pxemisea shall be used by the Leeeee,
toy pazking puipoaes cul„ subject to the restrictions of
the Bangor Urban Renewal Authority, it being agreed by the
Leader that Lessee shell have the right, at Lessee's expound,
to pave the demised prenise8 for mmh purposes.
2. Lessor shall not be xesponeible ler any expense
Watsomr in connection with the demised premises.
3. leases agrees to indemnify and sav,. hazaleas the
Lesser fxam and against all claims of whatever nature
arising frau Any act, omiasion or negligence of the Lessee
or the Lessee's contractors, Agents, licensees, servant,
cunloyees, invitees ox truants, 01 Axle Ng from any accident,
Snju , or damage whatsoever caused to Any person or to the
prpoei'ty of any parson oomarimn during the term hereof
n the designs premises, where such accident, damage or
injury Moults from an act or omission an the part of the
Lessee oe the Lessee's agents or employees. Min indemnity
shall include indemnity against all conte, expenses and
liabilities ion or in connection with any vuoh Claim or
proceeding bpomgDt thereon and the defense thereof.
4. Lessee agrees to indemnify and save harmless the
lessor from and against all claims of whatever nature
ariairg from the use of. the Overhead pedestrian Walkway
b9 the publio, including, but rot limited to, damage from
Palling Objects, mow, ice, and water within the demised
premises.
$. Toe Lessor shall retain the adapt to enter mass
the drained promises from time to time as say be neeeaaaay,
tO maintain the Overhead pedestrian Wallwp.
6. Lessee agrees to pay, wbeu due, all bases and
assessments, as W be imposed by amy governmental authority
upon the devised premises eW improvements thereon, daring
the term hereof or any extension of the term OI this Lease.
Lewes further agrees that it does hereby waive all right.
or privilege a exemption from municipal notation of the
Consent premises and improvements thereon, ee may be available
by reason of Lessor'a status as a mwicipal corporation, or
or any other-reasan whatsoever{ end that the City of ➢angor,
in its Capacity as a taxing authority, may assess all Inches
CA stall otherwise be applicable to the demised pr®ices
and improvments thereon, as if such exemption did rot
older; provided, however, that notalithet mdivg sty prnviei0¢
hotels Contained, Lessor agrees that Insane shall Dave the
-2-
right to content the emomt of Such terms orazsesomenta'
imposed upon the demised premises end improvements thereon.
'1: Leasee shall meintaLa the demised Infoes in s
nest end orderly mender.
a. This Lease may he cancelled by either the lesson
r lessee upon are hmdred tueuty (lzo) days Witten notice,
and any improvements remaining on the. premises atthattime
shell become the pnoyerty of the Lessor.
9. This Lease shall he baling upon the parties, hereto,
their successors and assigns.
M wIMM I✓ SyR, the parties hereto haw hereunto
set their corporate houses and seals the day and year first
'shove Witt an.
hylta duly ant once
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r¢acsanTS namlanu. sone oe anngos „
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SCF60ULE A
Deac,iptioe of laud loosed bf the City of Binger t0 the
Merchants National Beak of Bmgoi
Begiming as the intersection of the modishly line of
land owned by the Merchants Natimal Berk of Bangor with the
whatetAy line of Eerdnsoeeg Pleas, said Mex3mts property
coca fully desoribed in a Deed dated bleacher 5, 19y3 mrd
corded in Penobscot Registry of Deeds in Vol. 2422, Pegg 00;
thence South 930 31' 14" West along said southerly. prnpea5y
line for a historic, of 154.0$ few to the Ammewastally career
of said prodehtt; theme Scum 160 32' 24" East for a distance
of 10.02 feet; thence North 730 31' 14" East on a line
parallel t0, and 10 toot Hostile frox, said motherly property
line for a distance of 156.73 feet to the westerly line Of
Rendaskeag Plana; theme North 120.26' 40" Vest along the
,wilily line of said Kleinman Plans for a distance 0f
10.02 feet t0 me point of begiming.
Homing and intending t0 describe a strip Of land hervirg
a width of le feet bordering the motherly line of said
Merchants Bmk property, and being part of the same premises
conveyed to the City of Ranger by the Bangor Urban Renewal
Authority, refeimd t0 as Social R q. Due above described
Parcel contains 1,573.9 square feet.