HomeMy WebLinkAbout2011-06-13 11-188 ORDERCODNCILACTION
Item No. { I f
Date: lune 13.2011 98
Item/Subject ORDER, Authorizing the Termination of the Indenture of Lease with
Hallowell International, LLC.
Responsible Department: Community and Economic Development
Commentary:
If approved, MIs Order would authorize the termination of the Lease between the City and
Hallowell International, LLC and allow the City to seek new tenants far the facility. In rally
2011, Hallowell International, ILC ceased business operations at 110 Hill St. which is a City
owned facility and had been leased M the company since October 17, 2006.
Department Head
Manager's Comments:
C o.1� (h,C AI.Q../
City Manager
Associated Information: Order, Agreement
Budget Approval:
h� Oil Director
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_ First Reading Mage _ of _
Referral
11 7.88
G44mv Assignedm Councilor Realley June 13, 2011
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the Termination of the Indenture of Lease with Hallowell
International, I.I.C.
WHEREAS, the City of Bangor is the owner of parcel of land and a building located at 110
Hildreth Street, Bangor Maine; and
WHEREAS, by Indenture of Lease dated October 17, 2006, the City of Bangor agreed to
lease the parcel of land and the building te Hallowell International, LLC.; and
WHEREAS, Hallowell International, LLC has ceased doing business; and
WHEREAS, termination of the Indenture of Lease is in the best interest of the parties:
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Catherine M. Conlow, City Manager of the Cry of Bangor, is hereby authorized to terminate the
Lease between the City of Bangor and Hallowell International, LLC., dated! October 17, 2006,
said terminate to be substantially as attachetl and in a final form approved by the Oty Solicitor
or Assistant City Solicitor.
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TERMINATION OF INDENTURE OF LEASE
THIS AGREEMENT is made and entered into between the CITY OF BANGOR, a
municipal corporation organized and existing order the laws of the State of Maine, and having
its principal offices at 73 Harlow Street, Bangor, Maine (hereinafter referred to as "Lessor"), and
Hallowell International, LIC, a corporetion organized and existing under the laws of the State of
Maine and having a place of business in Bangor, Maine (hereinafter refned to as "Leased').
WHEREAS, the Cityof Bangor is the ownerofaparcel ofland and abuilding located
at 110 Hildreth Street, Bangor Maine; and
WHEREAS, by Interstate of Lease dated October 17,2006, the City of Bangor agreed
to lease the parcel of land and the building on Hallowell International, LLC; and
WHEREAS, Hallowell International, LLC has ceased doing business; no
WHEREAS, termination of the Indenture of Lease is in the best interest of the parties:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto hereby agree, respectively, to release and
terminate said Indenture of Lease to the end that upon the execution and delivery of this
Agreement, said lease shall be and become null and void and all rights, duties, and obligations of
the paries therein shall terminate, and
a. Lessee forever releases Lessor from any claim,demand, or cause of action arising out
of the lease or its use and occupancy of the leased premises, or the termination of the
lease and surrender of the premises.
b. Lessor accepts the surrender of the lease and of the premises and forever releases
Lessee from any claim, demand, or cause of action arising out of the lease or the use
and occupation of the leased premises pursuant to the lease, or the termination and
surrender of the leased premises.
c. Lessee warrants to Lessor that the lease has not been assigned or transferred and is
not and has not been hypothecated, pledged, mortgaged, or in any other way
encumbered, and there are no outstanding contracts, and no work has been done, or
materials delivered, for which a mechanic's lien could be moron or foreclosed under
the laws of Maim.
Hallowell Lmernmionk LLC
Terminations of Indenture of Lease
IN WITNESS WHEREOF, the parties have caused the foregoing instrument to be
signed this day of lune 2011.
CITY OF BANGOR
By:
Witness Catherine Carlow, Its City Manager
HAI,LOWELL INTERNATIONAL, LLC.
By:
Duane Hallowell, President
PW2of3