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HomeMy WebLinkAbout2022-12-28 23-039 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: / ,✓'� � GENERAL NOTE:S , ` �-------------------------------� � / i.TNE CITY�F 6AfYG�R AC4l11RE�TIRE i0 THE SLIRVtYECI PARCEL 6Y R1E FIX.LOWiNG[IGECIS ` ,. � N6W CR F�f2MERLY EFFlE 201aIS Ta CITY OF 6ANGOR,66�C 9410 PACE 2k4 PRIMROSE,U.G. / ��TOAX MAP�40 LaT 6�14 � 247L G.ZOICIIS,PE7ER ZOICIIS,ERNES7 ZdQIS AfVC1 iNEaa0F2A 2aDIS TO CIiY 6F dANGOFE,d��C 1410 PAGE � `�� ,¢ /� `.,� � 5USANA ZI.YGIS IRENG Z01[II5 Ca9N05 i6 CITY�F 6AfYG�F2,606K 141�PAGE 250. / a S r, 1`` � FR�S�ZLYDIS,EHRL Z�IDIS,ALEX Z6101S MARY Z61aIS HAS9S,MARIE ZLYI]IS CARPEN7ER AfVa tENA ZLYI]IS �;'� �� 3,O yp�a +, `� SHTAN iCi CITY�9ANGOR,66CNS 1416 PAGE 253. / i E+�� ��' f / EFFlE 2CIIDIS,GIIARbIAN Cf�f(ATHERINE EVELYN ZLY1715 AfVD ELEAfVQR JANE Z�IUIS 70 CITY Cf BANGCR,90C1K ` £r� 141U PAGE 256. �p N�m �/f��� �"� �� C.MICHAEL RIX.NICK ANCI L�UISE S.ROLNICK Ta CITY OF 6ANG6R DAiED,lULY 7,1991 RECORDED IN 6a�: �q '''� ..�,�.•,,,,,..., 32�6 PAGE 2�. 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B920_.l ___ ___________________ x t�n-zo ee. �„ 8920 AMENDMENT OF LEASE AGREEMENT THIS AMENDMENT OF LEASE AGREEMENT made and entered into as of the day of September, 2022, by and between SCHOOLHOUSE HOUSING PARTNERS LP, a Maine limited partnership with a mailing address of One City Center, Fourth Floor, Portland Maine 04101 ("Lessee") and the CITY OF BANGOR, a Maine municipality with a mailing address of 73 Harlow Street, Bangor Maine 04401 ("Lessor"). WITNESSETH: WHEREAS, the City of Bangor and Bangor Development Associates Limited Partnership (`BDA") entered into a Lease Agreement dated August 31, 1984, as amended through the Third Amendment thereto dated June 4, 2009 (collectively the "Lease")pursuant to which the City leased to BDA 22 parking spaces as more particularly described in the Lease; and WHEREAS, BDA assigned its interest in the Lease to Lessee pursuant to an Assignment and Assumption of Lease Agreement dated November 23, 2021 (the "Assignment"), as recorded in the Penobscot County Registry of Deeds in Book 16285, Page 321; and WHEREAS, Lessor and Lessee both wish to amend the Lease pursuant to the terms of this instrument. NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, Lessor and Lessee agree as follows: 1. "Premises" as described in Article I of the Lease, is hereby deleted and the following inserted in its place: � A certain lot or parcel of land in the City of Bangor, Penobscot County, Maine, located southeasterly of Cumberland Street and northwesterly of Spring Street, consisting of 22 spaces in the Atler Parking Lot, on a�ortion of Lot 62 on Citv of Ban�or Tax Ma� 40, and being more particularly described and identified as "Lease Area" on the attached Plan (the "Plan"); the Lease Area havin�been acqiiired bv Lessor bv deeds recorded in the Penobscot Coiintv Re�istr�f Deeds in Boolc 1410, Pa e� s 244, 247, 2.50, 2.53 and 2.56, and deed recorded in said Re�istry of Deeds in Boolc 3206, Pa�e 28. 2. The Exhibit AA of the Lease is hereby deleted, and the Plan inserted in its place. 3. The Exhibit A of the Lease is hereby deleted. 4. The Lease, as modified by Sections l, 2 & 3 above, remains in full force and effect, and the parties hereby ratify and affirm their respective obligations thereunder. This Agreement may be executed in counterpart originals. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement as of the date first written above. WITNESS: CITY OF BANGOR, Lessor By: Name: Its: STATE OF MAINE , SS September , 2022 PERSONALLY APPEARED the above named , of the City of Bangor as aforesaid, and acknowledged the foregoing instrument to be his or her free act and deed in his or her said capacity and the free act and deed of the City of Bangor. Before me, Notary Public/Attorney at Law Print name: My commission expires: [remainder of page left blank intentionally signatures continue on next pageJ 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement of the date first written above. WITNESS: SCHOOLHOUSE HOUSING PARTNERS LP, Lessee BY: CHOM Development Corporation, its General Partner By: Cullen Ryan, its Executive Director STATE OF MAINE , SS September , 2022 PERSONALLY APPEARED the above named Cullen Ryan, Executive Director of CHOM Development Corporation, General Partner of Schoolhouse Housing Partners LP aforesaid, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said entities. Before me, Notary Public/Attorney at Law Print name: My commission expires: O:\CHOM(16577)\Bangor Schoolhouse(328)\Transfer documentsWmendment to City Parking Lease.docx 3 IN CITY COUNCIL DECEMBER 28, 2022 CO 23-039 Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK