HomeMy WebLinkAbout2003-11-10 04-10 ORDERItem No. 04-10
Date: November 10 2003
Item/Subject: ORDER, Authorizing the City Manager to Execute an Amendment to
Indenture of Lease— Challenger Learning Center
Responsible Department: Legal
On May 28 2003, the City of Bangor not the Challenger Learning Center entered into a lease far apmel
of city owned land on Cleveland Street. The Challenger Learning Center is obtaining financing for its
project and this amendment will clarify the use and occupancy provisions of the lease to make clear the
intent that the cement provision that other use may be permitted subject to the consent of the City will
include Nose uses allowed in the Maine Business Enterprise park. The amendment also divides that
when a lender exercises its rights provided in the lease it may continue w do so even if me Challenger
Leeming Center ceases operation.
epa ent Head
Manager's Comments:
This item has been reviewed and is recommended for approval by the Business and Economic
Develapmem Committee.
City Manager
Associated Information: Amendment W Indenture of Lease
Finance Director
Legal Approval:
City Smarter
X Passage
_First Reading Page 1 of 4
Referral
Assigned to Councilor Farrington, Novmer to. 2003
H.
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute an Amendment to
Indenture of Lease — Challenger Learning Center
WHEREAS, by Indenture of Lease dated May 28, 2003 the City of Bangor leased to
the Challenger Leeming Center of Maine a certain parcel of land on
Cleveland Street; and
WHEREAS, itis appropriate to amend the Lease to clarify the use and occupancy
of the premises,
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR THAT
The City Manager, on behalf of the City of Burger, is hereby authorized to execute an
Amendment to Indenture of Lease between the City of Bangor and the Challenger Learning
Center. A copy ofsaid Amendment is attached hereto.
IN .CITY COmcn
Novemhav 10, 2003
M tion Mede and Secomed
for Passage
Passed
of
CLERK
a Ns -10
O BDNE
(TrcLEd eutbariafng the City Nsoager to
Eteente aoAmandmeOt are Or ee -
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Chlenger Learbdng Center
FSSi9nQOI0C0OnCIlOf
AMENDMENT TO INDENTURE OF LEASE
THIS AMENDMENT TO INDENTURE OF LEASE, executed this_day
of 2003, by and between:
CITY OF BANGOR, amunicipal corporation duly organized and existmg under and by virtue of
the laws ofthe State of Maine, and having its principal offices at 73 Harlow Street, Bangor,
Maine (hereinafter sometimes whined m as "lessor)
WE
CHALLENGER LEARNING CENTER OF MAINE having apiece of business 9 Main
Avenue, Bamgm, County of Penobscot, Slade of Maine (hereinafter sometimes referted to as
"lessee')
WITNESSETH:
WHEREAS, by Indenture of Lease dated May 28, 2003 the City of Bangor leased to the
Challenger Leeming Center of Maine certain premises located on Cleveland Street and
WHEREAS, Lessee wishes to amend said lease to clarify the use and occupancy of the
Premises;
NOW, THEREFORE, the parties do mutually agree as follows:
1. By deleting Article IV of said lease add replacing it with the following Article IV:
ARTICLE IV -USE, OCCUPANCY AND ALTERATIONS TO PREMISES
A. Lessee shall have the right to use, occupy and maintain the premises herein described in a
reasonably business -like, careful, clean, aid reasonably safe manner for the Purposes of
constructing and maintaining Challenger Learning Center. Said premises shall be used, occupied
and maintained as a Challenger Learning Center and any other related space science education
activities which may include a gift shop and for no other purposes whatsoever without the prior
written consent of the Lessor which consent shall not be unreasonably withheld. Lessor hereby
oments that acceptable altavaze uses of the premises include, but is not necessarily limited ro,
uses allowed mthe Maine Business Enterprise Park.
B. All buildings, structures or improvemems on the demised promises shall be constructed and
maintained in acccNmnce with all applicable building, fire, and property maintenance codes of
the State of Maine, the Laws and Ordinances of the City of Bunion including the site plan
approval process outlined in the laws and oNivances ofthe City of Budget. Priorto
commencing any construction, Lessee shall secme all necessary approvals from the City of
Bangor, the State of Maine, and the United States required under any applicable laW, ordinance
or regulation, including City of Bangor Planning Board approval.
C. Lessee shall commence renovations to the existing building in accordance with the existing
Agreement between the parties.
D. All project start and completion dates specified in the Agreemeat existing between the parties
shall be reasonably emended as necessitated by any unavoidable delays in the pemutting bidding
or conhachng proms.
E. Cessation of active operation of the premises by Lessee during a period in which a lender is
exemi sing its rights under Article R shall not constitute a breach by Lessee of Article lV,
subsection A, above.
Each and every other provision of the Indenture of Lease dated May 28, 2003 shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have set their bands and seals the day and year
written above.
CITY OF BANGOR
Edward A. Barren
Its: City Manager
CHALLENGER LEARNING CENTER OF MAINE
Tide: