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HomeMy WebLinkAbout2008-01-28 08-069 ORDERDate: January 28, 2008 Item ria 08 069 Item/Subject: ORDER, Authorizing the City Manager to Execute a Seventh Addendum to tease, Asignmerd and Subordination Agreement and Consent to Conditional Assignment of Leases and Rents —General Electric Company Responsible Department: Legal Commentary: This amendment will adjust the rent amounts due to the City from General Electric to conform with refinancing of the loan which financed GE's building expansions in the BIA Commercial/Industrial Park. The expansions were financed by Fleet National Bank through a loan to the Bangor Target Area Development Corporation for which General Electric is the Guarantor. The City's lease agreements with GE and GE's loan guarantee pmvice security for Target's loan from Fleet. The rental payments paid by GE to the City Include a base lease amount which the City retains and an ac lonal lease amount sufficient to pay the debt seMce on the Target loan from Fleet. The City assigns the additional lease payments it receives from GE to Target. Target then uses the lease payment revenue to make loan payments due to Fleet. "is financing arrangement works well for all partes, keeps the debt off the City's books, and avoids any risk to the City. The loan dosing is presently scheduled for February 1, 2008. Due to the uncertainty of the exact closing date, this Order refers only m a "2008" Promissory Note and Loan Agreement between Bangor Target Area Development Corporation and Key Bank, the Bank currently providing Uis financing. Staff recommends approval. Department Head Manager's Comments: %ryv..{VsIJLn�tTn°�'1t62�W,uvtmnrsiq.�/, �. LL BSD City Manager Associated Information Ci Sollctt X passage _ First Reading Page _ M_ Referral 0° Prc) Gv� Asupol w Councilor Parr3agtw Jauuar2 28. 2008 CITY OF BANGOR (TIRE.) ORDEk Authorizing the City Manager to Execute a Seventh Addendum m Lease, Assignment and Subordinadon Agreement and Consent to Conditional Assignment of Losses and Rents —General Electric Company BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Manager is authorized, on behalf of the any of Bangor, W execute a Seventh Addendum to Lease with General Electric Company to revise the rental amounts presently due under Article IR (B)(1) and III (E)(2) of the 1993 Amended and Restated Indenture of Lease, as previously amended and revised, to conform M the debt service schedule for Me 2008 Promissory Note and Loan Agreement between Bangor Target Area Development Corporation and Key Bank. The City Manager is fuller authorized M execute an Assignment and Subordination Agreement by and between the City of Bangor, Bangor Target Area Development Corporation and Key Bank and a Consent to Conditional Assignment of Lease and Rentals between Bangor Target Area Development Corporation and Key Bank, In a final form approved by the City Solidtor or Assistant City S Ilcitor. m CRY wMCS J " 28.2W8 P ¢I d # 09-069 CIIum (11TL a �S a Execute a Seventh MdeMum to Leas eM{Coagmt tc Coadi[Sonal psa;4 of M4paYro Cayseeor