HomeMy WebLinkAbout1977-04-25 218 AE ORDER�210 AS
Introduced by Councilor Brountas, April 25, 1977
(By request)
CITY OF BANGOR
(TITLE) Trust_
9d`P9l
WHEREAS, by virtue of Council Order 19 A0, adopted on November 24, 1975,
the Bangor City Council authorized the City Manager to take all necessary action
for purposes of providing for the acquisition by the City of all or aapoxtion of
Lots Declared 10, 11, 12, 13 and 13A on Assessors' Map R17 as may Lie within the
Clear -Zone Approach to Runway 33, Bangor International Airport; and
USHEREAS, by virtue of Council Order 293 AD. Adopted on July 12, 1976,
the Bangor City Council authorized the "acceptance of a deed and abstract by the
City Manager, In a form approved by the City Solicitor, for such land as may be
Red by Financial Realty Trust, within the Clear Zone kt the end of Runway
15-335 and
WHEREAS, by virtue of Council Order 363 A0, adopted on September 13,
1976, the Bangor City Council authorized the City Manager and the City Solicitor
to negotiate a lease with the owners of one or more of said iota for parking
purposes,said lea o be approved beforeexecution by the Bangor City Council
and tprovide for a rental of $100 per year for a term to be agreed upon by the
parties,
NOW, THEREFORE, By the City Council of the City of Bangor:
ORDERED, THAT the City Manager is hereby authorized to enter into an
agreement providing for the lease of said premises to Financial Realty Trust, a
trust created under Declaration of Trust dated November 7, 1975, recorded in the
Penobscot Registry of Needs in volume 2607, page 6, providing for the acquisition
by the City of said premises for the total consideration of $25,000, and the
lease back to Financial Realty Trust of a portion of Said premises for a. term
of
50 years at an annual rental of $100 Per year, the use of said premisessa
parking lot for the parking of motor vehicles and for no other purposes whatsoeaex,
and further subject to any additional terms and conditions as may be required of
the City by virtue of the source of funds for said acquisition from the Federal
Government or by virtue of theCity'e use, ownership and operation of Bangor
International Airport.
218
A8
IN. CITY COUNCIL
April 25, 1977 -
This Order was received Order
suspension Ci the miss by the O R D
E R
following yea and no vote: Councilors
voting. yes: grountas, Finnigan,% Title,
Goes, Henderson, McKernan, Soucy,"
Somas, Willey: end gendaian.. - each. Ernestine of
Agt. With financial
Motion made to refer to Finns ^'•""'•"•"'••••"•'••'•"•••"••'
Committee and consider next meeting.
_
Fealty lea[
Motion made and 2nd to amend in„,
�'
;, ,,,
lint paragraph, fro line by deleting
,, ,,,, .............
"for a term of” and in 7th line to
read as follows: 11500 yeas at a
Lem and at an annual rental to be Introduced
ad'by
e�
T
negotiated, the =a . . ." Notion
to move the question was not seconded.,
-;
Motion to amend waswithdrawn.
Councilman
Notion to refer to Finance Cwwittee
and consider rex. meeting was with.
drawn. This Order Wes then passed
Oranimusly. q
a/
c1T c e
T
AGREEMENT entered into this 20th day of April, 1977 by
and between The City of Bangor, a body corporate located at
Bangor, County of Penobscot and State of Maine, hereinafter
called 'City", and Financial Realty Trust, being a trust created
-
under Declaration of Trust dated November 7, 1975, being
recorded in Penobscot Registry of needs, Vol. 2607, Page 6, -
hereinafter called "Financial".
WHEREAS, Financial is the owner of certain lots or parcels
of land situated on the Northeasterly aide of the Odlin Road in
the City of Bangor, Maine, a portion ofwhich are within the
clear zone to be acquired by the City of Bangor at the end of
runway 15-33 0£ the Bangor International Airport: the saidcity
being required to purchase said lands to protect said clear zone
by the Federal Aviation. Administration, and
WHEREAS, Financial has agreed to sell to the City for the
sum of Twenty-five Thousand Dollars ($25,000.00) the land required
by the City for said clear zone, and,
WHEREAS, the City has agreed to lease back to Financial a
two hundred (200') foot strip of the land to be acquired by
the City for the use,by Financial as a parking lot to supplement
the remaining land of, Financial located on the Odlin Road,
NOW THEREFORE, in Consideration of the covenants and agree-
ments herein contained to be kept and performed by the City
and Financial, it is hereby agreed by and between the parties
hereto as follows:
- 1. Financialwill convey to the City against the payment
'pf the sum of Twenty-five Thousand Dollars (525,000.00) by
Quitclaim Deed With Covenant a certain lot or parcel of land.
:^situated Northeasterly of the Odlin Road, said deed and description
�of said land being in the form as contained on the .Quitclaim
.'i)eed with covenant marked Exhibit A and attached hereto.
2. At such time as the City acquires title in fee simple
tYo the land described on Exhibit A attached hereto the City
agrees to execute and deliver to Financial a lease to a certain .-
'plot or parcel of land according to the terms of a Lease
Agreement and according to the description contained therein _
attached hereto and marked Exhibit B.
IN WITNESS WHEREOF the parties hereto have set their
hands and seals the day and year first above written.
.
w'thess: CITY OF BANGOR
By
_
-Its City Manager Thereunto
'
- - - Duly Authorized
- FINANCIAL REALTY TRUST
HY
Sheldon HaYtetOne, Trustee
ATTACHMENT A
QUITCLAIM DEED WITH COVENANT
TRUSTEES OF FINANCIAL REALTY TRUST under Declaration of
Trust dated November 7, 1975, recorded in Penobscot Registry Of
Deeds in Vol. 2607, Page 6, by the power conferred by said
Declaration of Trust and every other power, for consideration
paid, grant to THE CITY OF BANGOR, a body corporate, located at
Bangor, Penobscot County, Maine, with QUITCLAIM COVENANT, the
following described real estate, to wit:
Beginning at the northerly corner of said premises, said
point being 40.00 feet southwest from the centerline of Runway
15-33, measured at right angles to said centerline, and said
point being 1,525 feet southeast from the southeasterly end of
said Runway; thence E. 536 05' 31" E. along the westerly line
of the land owned by the City of Bangor as acquired from the
United States of America by a deed recorded in the Penobscot
Registry of Deeds, Volume 2156, Page 449 for a distance of 115
feet to a point located 25 feet southwest at right angles from
the centerline of Runway 15-33 projected; thence S. 45° 35' 50"
E. on a line parallel to and 25 feet southwest of said Runway
centerline for a distance of 730 feet, more or less, to the
northeasterly corner of land obtained by the City of Bangor
from William C. MacLeod by a deed dated December 17, 1964
and recorded in Penobscot Registry of Deeds in Volume 1986,
Page 79; thence S. 370 27' 57" W. along the generally northerly
line of said City of Bangor land for a distance of 395 feet,
more or less; N. 67" 44' SO" W., 218.68 feet, more or less;
S. 33° 57' 57" W., 75 feet, more or less; S. 231 57' 57" W.,
26 feet, more or less; and S. 261 43' 58" W., 229.09 feet,
ore or less, to a point, said point being on the southwesterly
line of the Clear Zone of Runway 15-33, 2,306.38 feet southeast
of the southeast end of said Runway and 815.96 feet southwest
at right angles from the centerline of said Runway projected;
thence No. 370 03' 59" W. along the southwesterly line of said
Clear zone for a distance of 406.66 feet to a point on the
southeasterly line of a parcel of land acquired by the Grantor
herein from Raymond J. Cox by deed dated February 11, 1976 and
recorded in Penobscot Registry of DeedsinVolume 2621, Page
317; thence N. 266 07' 04" E. along the southeasterly line of
said lot for a distance of 15.83 feet; thence No. 560 18' 56"
W. along the northeasterly line of said lot for a distance of
42.85 feet to a point, .being at the intersection of said line
with the southwesterly line of the Clear Zone; thence N. 371
03' 59" W. along the southwesterly line of said Clear Zone for
a distance of 270.65 feet to the easterly right-of-way line
of Bolin Road; thence in a northerly direction along said
easterly sight -of -way line for a distance of 152.28 feet to
the southerly line of land Owned by Leroy W. and Florence E.
Cole, as described in Penobscot Registry of Deeds in Volume
1470, Page 223; thence S. 880 59' 24" E. along said southerly
line for a distance of 450 feet to the southeasterly corner;
thence N. 10 00' 36" E. along the easterly line of said
property for a distance of 300 feet to the northeasterly
corner; thence N. 880 59' 24" W. along the northerly line Of
said property for a distance Of 110 feet to the intersection
with land owned by the City of Bangor; thence N. 440 24' 10"
E. along said City land for a distance of 107 feet, more or less
to the point of beginning. The parcel contains 11.81 acres.
Being a portion of the same premises conveyed to the
Grantor herein by deed of William M. Chandler and Associates,
Ltd., dated December 8, 1925, and being recorded in the Penobscot
Registry of Deeds in Vol. 2608, Page 354.
Any and all other rights, easements, privileges and
appurtenances belonging to the granted estate are hereby
conveyed.
WITNESS my hand and seal this 20th day of April. 1977.
WITNESS: TRUSTEES OF FINANCIAL REALTY TRUST
Ey
5 el Oh Hartstone, Trus ee
STATE OF MAINE
County of Penobscot, as. April , 19V
Then personally appeared the above-named Sheldon Hartstone
and acknowledged the above instrument to be his free act and
deed in his said capacity.
.Before me;
Justice o e Peace
Notary Public
ATTACHMENT H
LEASE AGREEMENT
AGREEMENT entered into this day of ,
1977, by and between THE CITY OF BANGOR, a body corporate
located at Bangor, County of Penobscot, State of Maine., here-
inafter called the "Lessor", and FINANCIAL REALTY TRUST, a
trust created under Declaration Of Trust dated November 7, 1975,
recorded in Penobscot Registry of Deeds, Vol. 2607, Page 6,
hereinafter called the "Lessee",
W I T N E S S E T H:
That the Lessor for and in consideration of the covenants
and agreements herein contained to be kept and performed by the
Lessee does hereby demise and lease to the Lessee a certain
lotorparcel of land situated On the northeasterly side of
the Colin Road in the City of Bangor, Maine, and being more
particularly described on Attachment A attached hereto and made
a part hereof.
ARTICLE I
Term
To have and to hold the above described premises for a
period of fifty (50) years commencing 1977
and terminating , 2027
ARTICLE II
Rent
The Lessee agrees to pay to the Lessor assent -for the
demised premises the sum of One Hundred Dollars ($100.00) per
year, payable yearly, commencing on the date of the term as
specified in Article I herein and continuing on., the same day of
-', each and every succeeding year during the term of this lease.
ARTICLE III
Use
The demised premises will only be used as a parking lot
--:for the parking of motor vehicles. The Lessee further covenants
not to use the demised premises for any purpose which is in viola -
'kion of any federal, state or municipal law, ordinance or
'.regulation.
ARTICLE IV
Construction - Maintenance
The Lessee shall be solely responsible for the construction
of the parking lot on the demised premises and for the repair,.
upkeep and maintenance of the same with no expense being incurred
by the Lessor for these items. Any and all snow removal from
said parking lot will be the Lessee's responsibility and at its
sole expense.
ARTICLE V
Indemnification - Insurance
1. The Lessee agrees to indemnify and save harmless the
Lessor from and against all claims of whatever nature arising
from any act, omission or negligence of Lessee, or Lessee's
contractors, licensees, agents, servants or employees, or arising
from any accident, injury or damage whatsoever caused to any
person or to the property of any person occurring during the term
hereof in or about the Lessee's demised premises, where such
accident, damage or injury results or is claimed to have resulted
from an act or omission on the part of the. Lessee or Lessee's
agents or employees. This indemnity and hold harmless agreement
shall include indemnity against all costs, expanses and liabilities
in or in connection withany such claim or proceeding brought
thereon in the defense thereof.
1.1 Lessee agrees to maintain in full force during the term
of this lease a policy of public liability insurance under which
the Lessor (and such other persons as are privity of .estate with
Lessor as may be set out in notice finem time to time) and Lessee
are named as insureds, and under which the insurer agrees to
indemnify and hold Lessee and Lessor and those in privity of estate
with Lessor harmless from, and against all costs, expenses and/or
liability arising from any accident, injury or damage whatsoever
caused to any person or to the property of any person occurring
during the term of this lease in or about the demised premises.
Such policy shall be non -cancellable with respect to Lessor. and
Lessor's said designees except upon 10 days written notice to
Lessor. A duplicate original or certificate thereof shall be
delivered to the Lessor. The minimum limits of liability of such
insurance shall be Three Hundred Thousand Dollars ($300,000.00)
for injury or death to any one person or to more than one person
and property damage..
ARTICLE VI
Bankruptcy
If voluntary bankruptcy proceedings are instituted by Lessee,
or if on proceedings instituted by anyone else, Lessee be adjudged.
bankrupt or if Lessee makes an assignment £ r the benefit Of its
+.creditors, or if•s receiver is appointed for the property or affairs
of -Lessee and such receivership is not vacated within 10 days
after the appointment of such receiver, or should the rights of
Lessee pass by operation of law (except as expressly permitted
herein), then Lessor may at its option terminate all of the rights -
of Lessee hereunder by written notice to Lessee, any such occurrence
shall constitute a breach hereof by Lessee, and Lessor shall, in
such event, be entitled to exercise all remedies herein provided
for breach by Leasee as well as any and all remedies provided by
law or in equity. _
ARTICLE VII
Assignment
This lease may be assigned to the owners or lessees of the
property being contiguous to the demised premises and lying
westerly thereof and comprising approximately 1.62 acres, said
property being presently owned by the Lessee. An assigmnent
of this lease to any other person shall be only with the prior
written consent of the Lessor which said consent will not be
unreasonably withheld. -
ARTICLE VIII
Termination - Breach
The Lessee agrees at the expiration of the term of this
lease to quit and deliver up the premises to the Lessor, or its
Attorney, peaceably and quietly; and the Lessee further agrees
that should a default occur by the Losses in any of the covenants,
agreements, stipulations or conditions herein contained, it shall
">be lawful for the Lessor to re-enter said premises and retake the
same with or without process of law, using such force. as may be
necessary to re-enter and retake possession of said premises, and
to remove all persons or chattels from said premises, and the said
Lessor shall not be liable for damages by reason of such re-entry,
and all without prejudice to any other rights the Lessor may have.
ARTICLE IX
Binding Effect
This lease shall be binding upon the parties hereto and
their respective successors and/or assigns.
IN WITNESS WHEREOF, the parties hereto to the Original of
this Lease and to one duplicate original thereof have hereunto
set their hands and seals the day and year first above written.
Witness: CITY OF BANGOR
By
Its City Manager, Duly AUt onze
FINANCIAL REALTY TRUST
By
Sheldon Hartstone, Trustee
STATE OF MAINE
PENOBSCOT, as. , 19]]
Personally appeared , city
Manager of the City of Bangor, and acknowledged the foregoing
to be his free act and deed in his said capacity.
Before me,
Notary Public
ATTACHMENT A
TO LEASE AGREEMENT
A certain lot or parcel Of land situated on the generally
northeasterly side of the Odlin Road in the City of Bangor,
County of Penobscot, State of Maine, being bounded and described
as follows:
Commencing at a point where the southwesterly corner of
a certain lot or parcel of land as described ina deed from the
Trustees of Financial Realty Trust to the City of Bangor dated
April 20, 1977 to be recorded in the Penobscot County Registry
of Deeds intersects the generally easterly sideline of the Odlin
Road; thence N 00 34' 11" E by and along the easterly sideline
of the Odlin Road a distance of 152.28 feet to a point; thence
S 880 59' 24" E a distance of 135.94 feet to a point; thence
1 537° 3' 59" E a distance of 663.97 feet to a point; thence
S 260 43' SB" W a distance of 222.59 feet to a point; thence
N 370 3' 59" W a distance of 406.66 feet to a point; thence
N 26' 7' 4" E a distance of 15.83 feet to a point; thence
N 560 18' 56" W a distance of 42.85 feet to a point; thence
N 370 3' 59" W a distance of 270.65 feet to the easterly
sideline of the Odlin Road and the point of beginning.
This parcel contains 3.43 acres and is subject to any
and all easements currently of record.
14
Re: City -.FinancialRealty Agreement: proposed Amendments
.J. At such time as the City enters into said lease agreement with Financial
"Ihsalty Trust, Financial Realty shall grant to the City an Avigation Agreement, in
a Swim approved by the Federal Aviation Administration, and substantially as shown
oft4'docummont attached hereto and marked Exhibit C. covering the remaining property
of Financial Realty on the Cilia Road.
AK icle III, second sentence, to be deleted and replaced with the following; -
The Leasee further covenants not to use the demised premises in any manner
which shall be deemed hazardous to the operation of Bangor International Airport -
as an airport, or for any other purpose which Shall be In violation of or fail
to comply with all of the requirements of any federal, state or municipal law,
ordinance of regulation, includingregulations promulgated hereafter by the
..Federal Aviation Administration.
Article 11-A Taxes
Lessee agrees to pay, when due, all taxes and assessments, as may be imposed by
any governmental authority upon the demised premises, or any improvements
therein, during the .term hereof. Leasee further agrees that it does hereby
waive all rights or privileges of exemption from municipal taxation of the
demised premises orany improvements thereon, as may be available by reason of
Lessor's status As a municipal corporation, or by season of the use of Bangor
International Airport as a public airport, or for any other reason whatsoever:
and that the City of Bangor, In its capacity as a taxing authority, may assess
all taxes as would otherwise be applicable to the demised premises or any
Improvements thereon as if such exemption did not exist: provided, however,
that notwithstanding any provisions herein contained, Lessor agre s that Lessee
shall have the right to contest or otherwise seek an Statement ofethe amount of
.Such taxes or assessments imposed upon the demised premises or any improvements
thereon.
AV3li.+i IOi CiS"INT PROVISIONS
Easement should include the right to cause in all air apace
be, the surface of Grantors' property such noise. vlbtations, fiscal
door. fuel particles and all other effects that may be caused by the
operation of aircraft landing at or taking off Exam. or operating at or
an Beefo[ international Airport. Grantors do hereby valve, remise and
release any, right or cease of action which they any now have or which they
may have in the future against Grantee due to such noise, vibrations, fume
dust, fuel particles, and all other effects that may, be caused or may have
been caused by the operation of aircraft landing at or taking off from. or
Operating at Or on said. Bangor ITternatienal Airport.'
The ¢agement and right of way hereby granted includes the contihw-
ing right in the Grantor co prevent the em<eion or growth upon Grantors'
property of any building, structure, tree or other object extending into
the air apace above the aforesaid imaginary plana, and to remove from said
nit spam any such building, structure. Ciao or other object now upon. or
which in the future may be upon Grantors' property, together with the right
of ingress to, egress from and passage over Grantors' property for the
above purposes.
FYH/a/r C
Article I1I-ANondis L[fmfostfon
Lessee in the use and occupancy of the demised premises shall not on the grounds
of sex, race, color, creed, national origin, or age, or any other grounds as may
n oti hereafter be prohibited by lam, diecrfhinate or permit dlscrad ation
agaldsi any person or grove of persons in any manner.
F.
Article Ill -B united -states nights
The Leasee agrees and understands that the premises herein demised are located
adjacent to and shall become a part of the property of the Lessor commonly known
as Bangor International Airport. The Lessee further understands and acknowledges
that the funding for the purchase of said property shall be obtained from the
Federal Aviation Administration. Therefore, the Leasee agrees and understands
that this agreement shall be subject to and subordinate to any and rights of the
,United States presently existing as against said property and any and all
requirements of the United States imposed on the Lessor by virtue of such
giant of funds and by the use and occupancy of the premises as a part of Bangor
IAternational Airport.
.a Inteoduca9 uy OwMiloi saucy. NOVemher'16, 1915
CITY OF BANGOR
e�rit.Y Av1M1 r1 1 Ae9vie ti f_Land.Hmtt [o peanut
••AAS^�PP�r.. �OSOI�1_.._...
International Airport ......... ..... .... .___ ____.._._._.__..____._..._._,
-Wwsors, all or a portion of into Numbered 10, 11, 12, 13 and 13A
on "sensors
Map R17 lie within the Clear -Fens Approach to Rummy 33 at
senor International Airport,
NOW, THEREFORE, By the City Council of the City Of MCKOT
RESOLVED, THAT all or a portion of late-Nwbered 10, 11, 12, 13 and
to
Runway 33s
sat danger pInternational Airport R17 as say lie are
re hereby decasdppnecessary and
desirable for acquisition fled inclusion within the Airport premfees; and
be it
RESOLVED, THAT the City Meager is hereby authorized anddirected
to
test all necessary action for purposes o providing ihe acquisition
by
the City of said lots as easy lie within said Clew-Zmu Approac6 to Runway
33; and be it further
NESOLVED, THAT the City Mugger is hereby authorized, if naceesary,
to direct the City Solicitor to proceed in any manner provided by lam,
including the exercise of the power of eminent domain, for the purpose of
permitting the h toacquisition
33eatity of said ganger Interits as say lie national Airport.
said
clear -Zone Approach
.. r3NRSiilMT®
Introduced by CounCILlor Soaey, July U, 1976
CITY OF BANGOR
4tlClICTy ,__,...AcesptLy dead hm Flnuwcial Realty TruabpptlSov
By Me City Council Wde City oIgaras
.:..ORDERED.
TMT the City Msvagar� be and is hereby authorized to accept
a'dead in a fora approved by the City Solicitor, upon receipt of all
.'necessary Federal funding and the sabm.eslon a an abstraet a title
showing good and merchentible title in the Sellar, for the larcl lying
" ',d.tbin the Clear Zone at the emd of Ruwaay 15-331 Baader latervatiorel.
'.Airport, as W be owned by Firms" Realty Skagit, Sheldon Rartatone,
,....Trustee.
363 AD
Introduced by Councilot Spuey, Sopfember 13, 1'376 '
CITY OF BANGOR
Ii�J sB/lUY1p.....AuthazAgi.Dg..NaBq[A±.LAta pf,yeaSq £q,�,.Y rkinR Spages„og_,.
WNERFAS, by virtue of Council Order L9 AD, "opted on November 24, 1975,
+the Bangor City Council authorized the City Manager to take all necessary
cion for purposes of providing for the acquisition by the City of all
or z portion of Lots Numbered 10, 11, 12, l3 a” 13A on Assessors Map
Al] as may lie within the clear -zone approach to Runway 33, Bangor
"International Airport; a"
WHEREAS, the City has no planned We for said la" except for purposes
of preserving and maintaining said clear -zone approach,
.. NOW, THEREFORE. By the City Council of the City of Budget:
ORDERED, THAT the City Manager and the City Sotjci[g)',-$reuse
authorized to negotiate a lease agreement with lroe'Fiwaal
Meeeiatee,
owner
of o r of said lata, for parking purposes;
said lease tobeapprovemore
before execution by the Bangor City Council,
and to provide fora ental of $100penmwWboxS�iy100. pex year for a
term to be agreed upon by the parties.
STATEMENT OF FACT: The purpose ofthisOrder is to obtain Council
FyarN,brizatlon for thegotiation of a Lease back agreement with
d4P&£3$k'a{�$eifY$mseetuea far use of the .Land Located within the
clear -zona approach for parking purposes.
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