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Home My WebLink About2006-06-12 06-237 ORDERItem Noy ,i4, Dale: 6-12-06 Item/Subject Order, Authorbing the City Manager tp Execute an Agreementwith Northern New England Windows and Doors, Inc. Responsible Department: Legal Northern New England Wndows and Doors, Inc. currently leases space a[ 500 Main Street, the proposed location for the permanent gaming facility. &R has entered Into a purchase and sale agreement with the owner m acquire the property for the recall and associated panting garage. The lease with Northern New England Windows and Doors, Inc. will be terminated early. The City and Northern New England W ndows and Doors, Inc. have discussed providing assistance W rell its business. The azsstance will be in the form of a cash payment The attached order will authorize an agreement with Northern New England Windows and Doors, Inc. Department Head Amoriated Information: Budget Approval: Rnl Dina or Legal Approval: Z 4N Soadtor InVopured for X Passage _Flrat Reading Page_M_ Referral 106 237 AsugsIw CmOcdor Cceeve June 12, 20% k^ A� CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute a Purchase and Sale Agreement with Northern New England Windows and Doors, Inc WHEREAS, the City and the predecessor to Bangor Historic Trak, Inc. (BHT) entered into a Development Agreement dated October 31, 2003 under which BHI is required to develop a portion of Bass park; and WHEREAS, this agreement was subsequently amended on luly 5, 2005 to authorize BHT to establish a temporary gaming facility and to adjust certain dates and other requirements In the original agreement and WHEREAS, under existing agreements, BHI has an obligation to develop a permanent gaming fadlity at Bass park; and WHEREAS, the City has Identified a numbes of concerns regarding locating the permanent 2tllity In Bass park including the potential necessity of relocating the Bangor State Fair; a negative impact on padding availability for visitors to events at the Bangor Auditorium and Civic Center, the potential elimination of Bass Park as a possible location for a new arena; and possible traffic impacts; and WHEREAS, as a result of these considerations, the City has worked with BHT to investigate other possible locations near Bass Park for the construction of the Permanent Gaming Facility; and WHEREAS, BHT has proposed locating this fadllty on Main Street between Ilncoln and Dutton Streets, the Riverside Black so-called; and WHEREAS, the parties agree that this location would avoid the potential negative impacts associated with constructing this facility at Bass Park; and WHEREAS, BHT has negotiated a final form of a Purchase and Sale Agreement wMr Kenduskeag Yacht Club for the acquisition of property abutting Main Street between Buck Street and Dutton Street; and WHEREAS, Northern New England Windows and Doors, Inc. is a tenant of Kenduskeag Yacht Club and as part of the acqulsMon of the property by BHT will terminate its lease; and WHEREAS, the City has agreed to assist Northern New England W n skim and Doors, Inc. to relocate as businesss; and 06 237 WHEREAS, the City has determined Mat acquisition of the property of Kenduskeag Yacht Club and assistance W Nortehrn New England Windows and Doors, im to relocate Its business is in the Crest Interest of the dtizens of Bangor; NOW, THEREFORE, BE IT ORDERED BY THE CRY COUNCIL OF THE CITY OF BANGOR THAT The City Manager is hereby authorized to execute, in a form substandalty, the same as is attached hereto, an Agreement with Nothem New England Windows and Doers, Inc.. Execution by the City of Bangor is effective only upon the following condition subsequent: Me execution of a Purchase and Sale Agreement, on or before lune 23, 2006, by and between Bangor Historic Track, Inc. and Kenduskeag Yacht Club providing for the acquisition by Bangor Historic Track, Inc. of the privately owned parcefs located! within the RNerside Black, so-called, i.e., the area bounded by Main, Uncoin, and Dutton Streets Bangor, Maine, said acquisidan M occur on or before December 31, 2006. The Agreement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL dune 12. 2006 ea ea $ OR-9AI O HUNN TY CDLM UMEJ Ru[ho2iaivN [be CI[9 Mmagtt to Execute a Purcbase and Sale Weenmt vlth Nott rn New Hnelaua Windows and Noots. Inc. Avi�W bCo�ustiy/W�fi�"�i02/If 06 237 AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT, exdmtal this _ day ofhlay, 2006, by and between ERR[, INC., a Mane corporation, duly organized suit existing by value of the laws of the State ofhfain , with a place ofbusiness in Pordisid, Cumberland County, State of Memo, KENDUSKEAG YACHT CLUB, aMean corporation, duly organized end existing by virtw of the laws of the State of Maine, with a place of business in Portland, Cumberland County, Stele of Maine, (KYC), (Erin and NYC hereinafter sometimes cofcctively referred in as the "Landlord'j, NORTHERN NEW ENGLAND WINDOW & DOOR, LLC, a limited liability company duly organized and existing order and by vtrme of the laws of the State of Delaware (hereinafter sometimes referred to as the 'Temmn and CITY OF BANGOR a municipal corporation organized and existing under the laws of the State of Maine having its principal offices at 73 Harlow Street in Burger, Penobscot County, State of ine Hxmmafter'fty`�. WITNESSETH WHEREAS, by Lease Agreement dated Ocmber 13, 2002 bloc "Lease Agrewnene),the Landlord leased to the Bonair Windows and Doors, Inc., it /a Pella Windows and Doors C Bonaitj, certain prmvses a 532 Main Strep, Bangor Media; and WHEREAS, NYC is a wholly owned subsidiary of Erin and currently bolds title in the real estate subject to the Lease: and WHEREAS, Bonair bas assigned to Tenant, with Landlord's consent Ecuador's leasehold estate under, and all of its rights end interests in, to and under, the Lease Agreement; end WHEREAS, Landlord and Bangor Historic Track, Inc. ("BHTn have entered info a Purchase and Sale Agreement for the acquisition by BHT of the reel estate of Landlord, including the building that is the aub =of the Lease Agreement between Leafiest and Tenant; WHEREAS, because of said Purchase and Sale Agreement the Landlord and Tenant wish toowned the bums=it conditions of a Leese Agrecuent subject to certain commitments "a City. NOW, THEREFORE, the parties agree as follows: A) TIM Section 2.0 of the Lease Agreement captioned`TERM" and Section 2.0 01 of the Leese Agreement captioned "Option to Extend"be deleted in their entirety and replaced with the fofowing: Section 20 TERM This Lease shall be for a term ending on December 1, 2006, provided, however, that Tenant may [eminate this Leese at anytime prim to December 1, 2006 by written notice to 06 297 Landlod without being deemed in default of its obligations under the Lease A@eavent anal with no further obligatimve utMe r this Lease Agreement upon such tamiraticn. Any prepaid rent(including additional rent) sball be prorated and returned to Tenant as of the date Tonmt tenninates the Lease Agrammt. B) The within Amendment is subjcot to, and conditioned upon, the payment by City to Tenant of the sum of One Hundred Thousand Dollars ($100,000) on or before June 30, 2006 in full consideration of Tara ti's agreement to amend the tams and conditions of the Lease Agreement as herein provided. Failure of City, or BHT on behalf Of the City ton c said payment as raluirN shall ander this Aaeuhuent on Lease Agreement mall and void. Bach and every other provision of the Lease Agreement dated October 13, 2002 shall rem in in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their henna and seals the day, and year written above ERIN, INC. Witness Kevin Mahaney It's President KENDUSKEAG YACHT CL Witness Kevin Mahoney It's President NORTHERN NEW ENGLAND WINDOW & DOOR, LLC Witness David E. Hadley Manage 06 23^, CITY OF BANGOR Witness Edward A. Bartell Qty Manager BANGOR HISTORIC TRACK, INC, consents to the thregamil Amendmmt to Lame Agre mt BANGOR HISTORIC TRACK, INC. By: _ Name: Title: