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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. S O s x4 MIC 3 b1 1 •i t �4t -:.N €`'°W e F x,Lap\ atO�.., R F WL Cccc 4[ 4 uNCk Y Lfvµ i �¢N ♦�h R b INFERNATW9AL yg r'. �-L9�'a pvHe ey d xMp� LE,.Ye_'L�� —LNHO %O 9E LF ,,{��_".' .'ms's.•"'.