HomeMy WebLinkAbout2007-05-14 07-172 ORDERDate: 5-1a07
1arn No. 07 172
Ilam/Subject: Order, Authorizing the City Manager to Execute a Parking Lease with the State of
Maine for Urban Renewal Parcel B-13.
Responsible Department: Engineering
Commentary:
The City of Bangor and the Maitre Governmental Facilities Authority (on behalf of the State of Maine
Judicial Branch) entered into an "Option Agreement for Purchase and Development of Exchange
Street Development Site B-13 and the Kenduskeag Plaza Parking Area,"dated September 29, 2006,
for the construction of a new court facility to be located on Urban Renewal Parcel &13 on Exchange
Street.
Lot &13 currently has 87 permit parking spaces that the Ory manages for public use. Under the
Option Agreement, the State has agreed to lease these spaces back to the City between the time
the title to lot B-13 is transferred to the State and the time when construction of the new
courthouse begins.
The a&ED Committee recommended approval at its May 9, 2007, meeting, subject to approval
of final form by the City Solicitor or Assistant City Solicitor.
Department Head
Managers Dommems:
As noted, this will allow us to continue to use B-13 as a permit lot unlil construction of the new
courthouse begins. Recommend approval. 2
tbJ(A
CityManager
Associated Indormatlon:
Bnance Director
LLgal Approval:
1
IW/
city solicitor
Introduced for
Passage
_ First Reading
page _of
Referral
07 172
/oe^ AnsipWWCOUO W Parrinton May 14, 2007
CITY OF BANGOR
CrrM.) Order, Authorizing the City Manager to Execute a Parking Lease with the
State of Maine for Urban Renewal Parcel B-13.
BE IT ORDERED BY THE CRY COUNCIL OF THE CRY OF BANGOR THAT
The City Manager is hereby authorized to execute a parking lease viM the State of Maine, the
Maine Governmental Facilities Authority, or the State of Maine Judicial Branch, for Urban
Renewal Parcel B-13. The lege shall be substantially similar W the attached draft, final form
be approved by the City Soliator or Assistant City Solicitor.
IN CITY COUNCIL
May Ib. 2007
Passoo
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HxecaCe aePaik]ng Lease rich the State
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07 172
INDENTURE of LEASE
WHEREAS, the Maine GovemmeraW Facilities Authority and the City of Bangor have
executed =Option Agreement for the porcbase and Development of Exchange Street Development
Site B-13 and the Kenduskeag Plaza parking Area dated September 29,2006; and
WHEREAS, said Option Agreement provides for the om structionofanew State of Maine
courthouse on lot B-13, so-called; and
WHEREAS, lot B-13 cumentlyhas 87 parking spaces that the Cityissum permits fosse to
the public; and
WHEREAS, mid Opfion Agreement provides for the transfer of fitle of lot B-13 firm the
City to the Maine Goverrm ustal Facilities AuthontypnortotheconsWctionofthenew courthouse;
andaleasebacktothe City ofthe lotunfil the commencement ofwnstruction ofthenewcourthouse
and
WHEREAS, the City wishes to continue issuing parking permits for public use of the parking
spaces on tot B-13 pending commencement ofconstrucdon of the new courthouse.
NOW, THEREOFRE, the parties agree as follows:
1. Parties.
This Indenture of Lease is made this_ day of May, 2007, by and between the State of
Maine (hereinafter "State') and the City of Bangor, amunicipal corporation in Penobscot County,
Maine (hereinafter "City)
2. Premises.
Upon the terms and conditions of this lease, the State demises and leasesto the City,
and the CitytAcsand leases been the State, eighty-seven (87)parkingsmues exisfingon Int
B-13 as sbown on Exhibit A attached hereto..
The foregoing described parking spaces are hereinafter referred to as the demised premises.
3. Terra.
The term of this lease shall be unfit the first date of construction for the new courthouse,
commencing the date the City transfers lot B-13, so-called, to the State. The State shall provide no
less than sixty(60) days nofice to the City of the first day ofconstruction for the new courthouse.
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4. use.
The City shall use the demised premises only for parking consistent with its current use.
5. Rental.
The rent for the demised premises shall be $1.00.
6. Insurance.
The City shall maintain throughout the team ofthis lease a liability insurance policy naming
the State and City as insured.
7. Miscellaneous Provisions.
7.1. Assignment& Sublease. This lease may not be assigned by the City without the prior
written consent of the State, which consent shall not be unreasonably withheld or delayed; however,
the City is authorized to sublease the individual parking spaces to the public in accordance with the
City's existing permit system.
7.2. Memorandum of Lease. The parties shall not record a Memorandum of Lease or the
Lease.
7.3. Bind and Inure. All ofthe terms and provisions of this lease shall be binding upon and
shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the
respective parties Inner, except that all covenants of the State contained in this lease shall be
binding upon the State and the State's successors only with respect to breaches occurring during the
State's or the State's successors' respective ownership of the State's interest under this lease.
7A. Invalidity of Particular provision. If any term or provision of this lease or the
application thereof an any person or circumstance shall, to any extent, be invalid or unenforceable,
than the remainder of this lease, or the application of such term or provision to person or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each tam and provision ofthis hose shall be valid and be enforced to the tallest extent
permitted by law.
7.5. Governing Law. This lease shall be promised by and command in accordance withthe
laws of the Store of Maine.
7.6. ParagraoL Headings. The paragraph headings throughout this intrument are for
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07 172
convenience and reference only, and the words contained therein shall in noway be held to explain,
modify, amplify, or aid in the interpretation, construction, ormeaMng of the provisions ofthis lease.
In wimesa whereof the state and the City have caused this instrument to be signed and seated
n any number of counterpart copies, each ofwhieh counterpart copies shall be deemed an original
for all purposes, as of the day and year first above written.
pJfi�T:.dl
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State of Maine
By
Its
CityofBangor
By
Its