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HomeMy WebLinkAbout2004-04-12 04-116 ORDERItem No. 04-116 �- otom Item/Subject: Authorizing Purchase Option Agreement with Stillwater Realty, LLC - Lot SSA and a Portion of Lot 14 in the BIA Commercial/Industrial Park Responsible Department: Community and Economic Development This Agreement would provide for the development of an approximate 20,000 square foot single story office building on Lot 11A and a portion of Lot 14 on Telcom Drive in the BIA Commercial/Industrial Park. Construction would begin in 2004 and be completed no later than lune 30, 2005. Construction costs would be not less than $1,330,000, exclusive of soft costs and fees. The Option would extend through ]uly20thof Misyear. The proposed development would conform M the requirements of the City of Bangor Land Development Code and IgA Commerdal/Industrial Park Telcom Drive Development Parcels Development Policy and Development Standards dated September 19%. Building and site improvement plans would require the approval of the Qty Council Business and Cxonomic Development Committee to ensure compliance. All Ciry approvals of development plans required by the City's Codes would be required before conveyance of the property. Department Head Manager's Comments: -;A,, er,llgb4 4"y9k*AyAyZt4AP"" %O jxtof�.q'3 �mpAG.'�u� City Manager Budget Approval: finance Director Legal Approval: City Solicitor Passage _ First Reading Page _ of _ Referral 04-116 Aldgnedto Councilor Palmer April 12, 2004 CITY OF BANGOR (TITLE.) Order, Authorizing Purchase Option Agreement with Stillwater Realty, LLC- Lot 11A and a Portion of Lot 14 in the BIA Commercial/ Industrial Park BY the City Clwn lofthe Qty ofSmgort ORDERED, WHEREAS, Stillwater Realty, LLC has submitted a proposal to the City to develop a professional office building on Lat 11A and a portion of Lot 14 in the BIA Commerhal/Industrial Pads, and WHEREAS, the proposal conforms to the Cry of Bangor Land Development Code and BIA Commercial/In lustrlal Park Telcom Drive Development Parcels Development Policy and Development Standards dated September 1998: NOW, THEREFORE, BY THE CITY COUNCIL OF THE MY OF BANGOR, BE IT ORDERED THAT the City Manager is hereby authorized to execute, on behalf of the City of Bangor, a purchase Option Agreement with Stillwater Realty, LLC, providing for the sale and development of City Lot 11A and a portion of Lot 14 in the BIA Commendal/Industdai Park, under terms and conditions substantially as contained in the Purchase Option Agreement between the City and Stillwater Realty, LLC, a copy of which is on file in the office of the City Ceti, and in a final farm approved by the City Solidtor or Assistant City Solicitor, IF CITY C CIL April 12, 2006 Passed 06-116 CI 0 R D E R (TITLE,) Authoriainn Purchase omciaa Agreement v th Stilleater Realty, LLC - Lot IIA and a Portion of Lot 16 in the 8" Fork Assignedto Cnoneilor U�TN PURCHASE OPTION AGREEMENT CITY OF BANGOR a body corporate, of 73 Harlow Street, Bangor, Penobscot County, Maine (hereinafter OPTIONOR), for consideration paid and other routines refected to below and to be paid at the dosing of the purchase and sale of the premises described in Paragraph 1 below, hereby grams to Stillwater Telcom LLC, of Bangor, Penobscot County, Maine (hereinafter OPTIONEE) an option to purchase, upon the tams and conditions set forth below, the premises described in Paragraph t below. TERMS: This option is granted subjectto the fullowingterms and conditions: 1. Prewses Sub'ectm Onto: a Aparcel oflanddescubedss Lot llAmthe BlA Commercial/htdusnial Pmk. so-Wled, w depiaed in aplm dated lanuary 19,1999, UtIM "Amended Subdivision Plan, BIA Commercial / industrial Park, Union St., Bangor, ME" and recorded in the Penobscot County Registry of Deeds, Plmfle 1999-8, and aportar of Lot 14 inline BIA Commercial / Industrial Park, so-called; as depicted in aplan titled "Amended Plan of BIA Commercial / industrial Park" and recorded m the Penobscot County Registry of Deeds in Map File No. D17-94 and DIS -94 (heremefter the Property), a copy of which is atmach aeto. The Property is shown on Exhibit A attached hereto. - b. OPTIONOR shall be responsible nor doing all work and obtahnng my and all approvals needed for the division of Lot J4 including, as accessary, survey work to determine lots lines and amendment of the subdivision plan. 2. OotionPeriod. Marianas shall run from the date herenf mti14:30 P.M. July 20, 2004. 3. Exercise ofOr.r,.., The OPTIONEE may exorcise this option and acquire the subjxt property by giving written notice of its intent to do so to the OPTIONOR 9 my time during the option period prior 4:30 P.M. July 20, 2004. Such notice shall be effective if delivered to the OPTIONOR's City Solicitor's office at the OPTIONOR's address stated above. Thereafter, the Parties shall schedule a closing A a annually converderrt date, which will be m later then September 15, 2004. However, OPTIONOR shall not be obligated In convey the property to OPTION Ii until such time as OPTIO14EE has secured all required approvals fiom the City of Bangor Plem ung Board and the City shall have reviewed and approved in writing all building and site development plans as provided for in the attached BIA CommerciaVlndusMal Park Telcom Drive Developments Parcels Development Policy and Development Standards dazed September 1999. 4. Purchase Price. The purchase price for the property subject to this Option Agreement shell be $231,700. 5. Tvue of Comevance. Conveyance shall be by Quitclaim Deed with Covennatto OPTIONEEfrom OPTIONOR OPTIONORshallpreparetM necessary Deed,mbia mapprovalby. OPTIONEE'sattorney. OPTIONOR shall convey fide wdertbis pma®aph W OPTIONEE with good and marketable tide free and clear of all rncumbrances-eascept customary public utility members saving the premises and any other easements of record or required as a condition of this Option and shad be subject to applicable zoning and land use laws and regulations. 6. Texas. OPTIONEE shall be responsible for all property more assessed against the subject premises follovrivg the closing. OPTIONOR trill return to OPTIONEE'a tment 100%ofthe real estate taxa paid by OPTIONEH or OPTIONEE's tenant to the City of Bangor in the for year following issuance of a Ceirificm of Occupancy for the building committed wr the property and up to 50%ufthe real entire tams paid the City of Bangor in the second year, W a maximma total of $50,000 for the two years. 7. OFTIONORN&WCQEnrumlher Tide. Duringthetermoftheopion period, OPTIONOR shall not volummily convey, mortgageor otherwise mn fftheoptionedpropertyoranyportionihaeof,withom OPTIONEE's para written cousad. 8. OPTIONEE's Conditions. Notwithstanding OPTIONEE'sexercisoofits option, OPTIONEE shall have no obligation to acquire the property uniess the following conditions are met, to OPTIONEE's satisfaction: a. The OPTIONEE shall review and be satisfied with all caning land use and onvirmairsaal laws, codes, ordinavcce and regulations affecting the Property and shall obtain all muing, subdivision and euvimtuoental permits and approvals and any other applicable permit or approved as may be necessary for the OPTTONEE's proposed use and developmeat of the Property, including any thereof pertaining to wetlands or wedends mitigation and the BIA Commercialaidusaial Park Telcom Drive Developments Parcels Development Policy and Development Standards dated September 1998 attached hereto. b. there shall not be my moratorium or any other restrictive measures in effect which prevent or be a dettimrnt in the OPTIONEE's intended use and development of the Property. C. OPTIONEE shall be sauslied that tide and access to. the Property is good and marketable and insurable for the benefit of OPTIONEE and any mortgage hnder. Upon exercise ofthe option, OPTIONOR shall provide OPTIONEE with any ¢ousting title insurance poBoy, abstracts of title, or other title evidence, a OPTTONEE shall act have direct access to Ashley Street or direct access W Union Street, the a* public wayproviding direct access to the site being Teloom Driveasdspme on a plan dated January19, 1999,Ntled "Amended Subdivision Plan, BL4 Commercial / Industrial Park, Union St., Bangor W." as recorded in the Penobscot Counry Registry of Deeds, Plamde 1999-8. b. OPTIONOR shelf grant OPTIONEE an ¢warrent for access to and from Ashley Street across Lot 10 (arrently occupied by Union Street Athtetiws a generally depicted on Exhibit A attached hereto, subject to wase toflhe Tessa ofthetlond. Thelocationanddesignofsaid easemmt for access is subject m reviewand appmvalby OPTTONOR. 10.0dur Conditions. a. OPTIONEE shall construct a Professional office building on lot 11A and a portion of Lot 14 containing not has Wan 19,000 square feet afbuilding space above ground level not including basement space. The building shall be ofcowmemon alowd to by the City, with m approximate communion reduced cost(building end site) of $1,330,000, exclusive of soft costs and fees and shall include on site parking on accommodate not las Wan one vehicle per 300 square feet of office space developed, and shall th all respects conform to the requirements of the City of Bangor Ind Development Code and BIA Commercial/Iadustrial Park Teloom Drive Developments Parcels Development Policy and Development Standards dated September 1998, all hereinafter referred to as the 'PROJECT^. Before conveyance, the City shall review and approve in writing all building and site developmet plans as Provided for in the BU Commercial/Industrial Park Teloom Drive Developments Parcels Development Policy and Development Standards dated September 1998, end attached hereto as Exhibit B. b. In the event OPTIONEE exercise this OPTION m purchase, conveyance ofthe property shall be subject to retention or granting of suitable utility, asanenrs m the City of Bangor and the Bangor Water District for the purposes of =easing, maintaining replacing or repairing Wilitie on the Property including an existing drainage ditch and drainage pipe. No structure shall be placed on or ova my utilities. c. OPTIONEE shall submit an applicationfor site plan approval for the PROJECT by the City of Bangor Planning Board not Iaterthan Juve 15, 2004, said application m contain all information required for site plan approval by the City of Bangor Land Development Code. Submittals shall be in conformance with all requirements of the City of Bangor land Development Code. OPTIONEE shall obtain City of Bangor Planning Board site plan approval fa the PROJECT no lata than July 20, 2004, d OPTIONEE shall submit to the City Director of Community and Economic Development no later than June 15, 2004 PROJECT plans and specifications for building and site improvements as twinned by the BIA CommdciaVlndustrial Park Telcom Drive Developments Parcels Development Policy and Development Standards dated September 1998. Said plans and specifications submitted shall conform to the BU Commercialrt austriat Park Taiwan Drive Developments Parcels Development Policy and Development Standards dated September 1998. OPfDbTEE shall obtain approval of PROJECT plans and specifications by the Bangor City Council Business and Economic Development Committee no later than July 20, 2004. . e. OPTIONEE shall obtain all necessary zoning, subdivision and envhomremal parents ant approvals and any order applicable permit or approval as may bs necessary for the OPTIONEE's proposed use and development of the Properly, including any thereof portioning to we0 anis or wetlands mitigation to commeace construction of PROJECT by July 20, 2004. f OPTIONBE shill commence site work and building construction no later tan Septamber 15, 2004. Suf6cimt evidence ofproce ling with site work and building construction is an approved Land Development Pererit, issuance of a Building Construction Permit and initiation of construction ofthebuilding. & OPTIONEE shall complete site work mud building construction no later than July 15, 2005. Construction offrolding and site improvements shall be in conformance with plans said specifications approved by the Bangor City Council Business and Economic Development Committee as required by 10 d. above. 7 It. OPTIONOR shall pay that portion ofdrarges of S.W. Cole Engineering, far .for enviromnental investigation ofthe subjectparcels and OPTIONOR shall pay that portionofthe charges o€Plisga & Day for survey the property line of the subject parcels. OPTIONEE stall direct that S. W. Cole Engineering, hen. and Pbsga & Day provide to OPTIONOR the results of the work for which OPTIONOR has agreed to pay. OPTIONEE shall be responsible for the remaining charges of S.W. Cole Engineering Inc. and Plisga & Day. 11. Rem This OPTION is made subject the express condition that if the OPTIONEE fails m comply with the terns and conditions of this Option, tide in the described property shall revert in and be vested in the City of Eager, without further notice, demand, order of contamination, re-entry, foreclosure, or other iti icial act; notice or process, this rever a clause constituting part of the consideration upon which said premises are conveyed by the OPTIONOR to the OPTIONEE, provided, however, that this reverter shall be subject and subordinate to any bona fide mortgage granted by OPTIONEE to a financial institution to secure a loan for conscmction of impmvemevts on the Property rail OPTIONOR shall execute and deliver such docwreNs as may be requested by OPTIONEE's leoderto conSrm this subordination. In the event of Ne exercise ofif is rever pmvisimby OPTIONOR,OPTIONORshallrefundm OPTIONEE thepurchase price of$231,7dd, without interest, less my costs incurred by OPTIONORto restore said Lot 1IA and a portion ofl.ot 14 as nearly as practical to its original condition existing at the fime ofthis conveyance, and less my dimiaudon in fah market value of said Lot I 1 and a Patch of Cot 14 as aresult ofOPTTONEE's occupancy thereof, sail nootberpaymentsball be due OPTIONEE. Upon completion ofthe site work aad building construction in accordance with Nis Agreement, OPTIONOR shall execute a l deliver a release of Us reverter to OPTIONEE or its successor in title. 12. Assimmmt The OPTIONEE shall not at my time assign, sell, convey or transfer this Optionoranyinteresttheraa Provided that, however, OPTIONEE shalt have the right to assign this OPTION b my mrpomtion a oNa entity with which it may have become merged, consolidated m othervrise associated; or my corporation or other entity having the controlling interest in the OPTIONEE, or to my corporation or other entity which may be a subsidiary of the OPTIONEE. OPTIONEE shall provide OPTIONOR of copy of said assignment. In no event, however, shall the OPTIONEE named herein be relieved from my obligation ander Nis OP71ON by vi ate of any assignment. ll 'll Dated: ZD 0 CITY �O,P,e1l13AfNGGOO,R�(�� anew Edward A.B=a City Mavager Dated: y/L-e�% SMLWATBR TBU.`OM LLC N Title: Manager 1 MIRIT A F- Exhibit e BIA COMMERCIAL / INDUSTRIAL PARK TELCOM DRIVE DEVELOPMENT PARCELS DEVELOPMENT POLICY AND DEVELOPMENT STANDARDS Development Polio The City's development policy for the Telcom Drive cul-de-sac area is derived from the overall policy for development and reuse of the airport peripheral land area as enumerated in the approved Bangor International Airport Land Development Strategy. The City's objectives in these areas are to provide for economic base enhancement activities which implies the provision of new jobs to the area as one overriding principle. A corollary to this umbrella policy is the assumption that in many cases the private sector can provide the benefits from retail and service activities, for example, in a variety of appropriate locations within the City. Consideration of projects involving the general service sector should take into account the current availability of such services within the community and the current level of competition. For instance, given the competitive private market for uses that are primanly retail or automotive, such uses would generally not be considered appropriate uses for the Telcom Drive Development parcels. The City's policy should be to not extend assistance to businesses in direct competition with other existing businesses, especially retail operations. It is the City's preference to provide assistance only when necessary for location of new businesses that help diversify the local economy by offering services or producing products not presently provided or produced by other area employers. • Therefore, the City's engagements in the land development market should be for activities uniquely suited to the greater Airport location, and/or • For investment in growth sector activities which have the potential of providing long-term stimulus to the local economy and help diversify the local economy and/or • For the establishment of well paying job opportunities in a strong, stable economic enterprise. Finally, as an important element of economic development policy to insure the future viability and marketability of City lands and City sponsored developmem and, particularly, to protect and enhance both the image and the functionality of Bangor International Airport, a very significant gateway to the City and to the region, the City should require a high quality of development of its sites, above and beyond minimum ordinance development standards. it. Development Standards. Design Review. �ueloprrnPoky&tl al Paps Telcwls Dere Devebpmenr Poswknb 1998 Sapfamber199a Apsgfep Ocrober2l, 1998 Courspl ResWre 9B376 In general, buildings will be designed by licensed professionals to be aesthetically pleasing and bulk of durable exterior finished materials and sites will be well landscaped to break up building and pavement areas and to be attractive from off -sue views. The Bangor City Council Community and Economic Development Committee will serve as a design review committee (with the assistance of appropriate City Staff) to ensure this intent and that these specific provisions are achieved. More specifically, buildings and she development will meet the following requirements: 1. Structures. !W primary use and any and all secondary use buildings will comply with the following: a. Primary Facade Materials - masonry, bricks, stone, glass, and files. Wood siding, to include solid mod materials such as clapboards but not including manufactured panels. Concrete block and sheet metal are not to comprise more than 30% of the total building facade. b. The street facing facades shall have a maximum of 50% glazed material c The street facade shall create a series of implied ground Floor bays or the facade shall be broken up by design elements. d. Orientation - subject to design review by the Community and Economic Development Commutes. e. Maximum building lot coverage -.35 I. Mammumimpelyioussurfacecovemoe-.70 g. Exterior finishes - will be subdued and appropriate for high end office park environments and elevation drawings with finished colors will be submitted for review by the Community and Economic Development Committee. h. Signage - all signs shall be subject to design review in addition to meeting the minimum standards of the Sign Ordinance provisions. 2. Site Treatment. -a. Landscaping- the landscaping plan prepared by a design professional will be submitted to the Community and Economic Development Committee Pf - ei 1mmvck!1inda aa1Park ' Telrom Orlw Dewbpmenr Pokey te ab" 199 Sepremberi998 Adopted Ocro6er 21, 1998 Council Resolve 98,374 for its review. The intent of this plan is to integrate in a visually pleasing manner all elements of the proposed she development. b. Parking Areas - the perimeter of all parking areas shall be landscaped with plant material to screen such areas from view and lessen the impact on neighboring sites. A buffer yard of 20 feet or more must be planted and landscaped with the following plant units per 100 feet two (2) shrubs, three (3) evergreen trees, and two (2) deciduous trees. (All trees and shrubs will meet the minimum standards for buffer yard trees contained in Me City's Land Development Code in Article 20, Section 1.4). c. If an outdoor parking lot contains fdteen (15) or more parking stalk, not less than 6% of the interior of such parking shall be landscaped. The use of landscape earth bemis to accomplish such landscaping is encouraged. Strips between parting bays shall also be landscaped with appropriate ground cover and deciduous trees. d. Li tin . A lighting plan Indicating location, direction and intensity of light fi#ures and resulting lighting shall be submitted for design review. e. Pavement -Ali parking lots will be property paved and edged with permanent curbing. Other nonvegetated areas (such as walkways) will either be paved or constructed with a stabilized surface material subject to approval of the Design Review Committee. III. Submittal Requirements Plans and specifications shall be in such form and shall contain such information as may be required by the Design Review Committee but shall in any event include the following: 1. A site development plan of the lot showing the nature, grading scheme, kind, shape, composition, and location of all structures with respect to the particular lot (including proposed front, rear, and side setback lines), and with respect to structures on adjoining lots, and the number and location of all parking spaces and driveways on the lot; 2. A landscaping plan for the particular lot; 3. A plan for the location of signs and lighting; 4. A building elevation plan showing dimensions, materials, and eldedor color scheme in no less detail than required by the appropriate governmental Page 3 Llommerbial/Inde"I Park Telcom Drive Development Pdicy B Standard; September 1998 Adopted Dcbbar 21, 1998 Count R va 98.374 authority forthe issuance of a building permit Material changes in approved plans must be similarly submitted to and approved by the Community and Economic Development Committee; 5. Accessory buildings, fences, storage auras, trash collection, antennas, and any a Bernal mechanical systems; 6. All building plans submitted must be stamped by Design Professional; and 7. All site plans submitted must be stamped by a Site Designer. Page 4 To1AEuelmm Boyar: $ 222266.10 &rvvY[Imine 9ulemmC Buyer. BIINweWTomm LLC Saler: G dmrsgw Pff 4 . 16 TMmmP .Bangor ClminOaaN: June23,M04 PUMPAI Priv: $ R3 MAU TmlPrarIMM: N/A Lao' Nuo it NIA Plus 5u 2(Pab: Lagal1-mm-IM: TitlePrtmum-Po RevdEing FM CeW 9 W beemmrt $ 13.60 Emanml $ 1300 Transfer Tar $ 510AI1 To1AEuelmm Boyar: $ 222266.10 am Better: $lilneler TdMm LLC saw. cbaearoor Promr1Y 18 TMsm ay, Nnwr nl4lnBitae: June3$20M PunM1mse Moo $ 231.N000 Tm PrvraXm N/A WeBakYs Came: TAnNa Tm WA $. W. cdeEmorea.N$.mw $ 8.418,0 mtm omm to seller at norma: sN ov,nm .Rt�m sum Mlwanr UwmLLC soler. aycfllangar Pwo-M 1e TNmm OM, eanW Closing ogle: Amenz1 6 Incoming Funtl¢: FunEckom Buy $ =,M40 TcncIInwming Furdn: $ 2N2M.W Oulgoing Fump: Penc c C Myles MONa $ !SAO PYrye&Ory 1 $ 6W00 SW, Cale Fnglnee�lno, Inc. $ 8415.6 C W emgm $ Uze"m Tool Oumoly Funtla: $ 282216.0 REALTY LLC P.0("a & KEY BP OF NAME Fa0i0970v ROi120060BL: 1921140059690 -IWF. ... L.3., .. WOsTiLLWATERREAL 20I0.4W BTELL(. IOMOW REGISTRY OF MEL 555.W SIX WEAL PopR STLLWATERRERLTY LLC Dale - ORONO. ODwk MwuM p REORTRYOFOEEDS BR3I30W M09f0 SSSAO REALTY LLC P.0("a & KEY BP OF NAME Fa0i0970v ROi120060BL: 1921140059690 P000AMM fftme ic NWRq SIVIGGRMEM024ilMl M14GORMEN40 3tf N223&Id 4 ili 9J0 TILLWgTER REAL 211pp98 1ELf'� fiY1y3BW 3 t it®ik CIiYOF BPNGOR 55 0 223(114% pap: SI WATEZR WLLC Ma mde m. CRwkl unt WOJitMOkCIW0FMG0R IWOJMI MOST 33 P000AMM - KE BMKOFMAINE SIVIGGRMEM024ilMl M14GORMEN40 3tf 4 ili E3AP'I"i3 .a II ii i p( i t Eii Eti Y3 i W ., i t H� 1 E 7 1 t •� E 3 t it®ik t'ii. f tai it t I ��ILD� �IB�y€L 3 T� e i! �2iIBCk Wnt IiE�tE:.OIEt i'F, O�ti[uV��.y� 010 tr 22'0.5R Tido XWdPffrivvity Tyro Tj�&IOn4N XarFr�FpltyF MD6@TBB�I 6 4 1.... [4 IE... t .AF. Mr—' M 1.1 TREASURER, CIT*69!MGOR tr 'r R.O.BOX O &WGOR, MEOCOO1 C 00 L0967a' 1:0 L 12006090 L92L .. .. k L� ... D MMO" I S W, WLE ........ I UAIO� m VLLWATM� al�M 77 IF�. S�WAM��UC �k M� �. S.W.CME�GINEEMMMC Em Name M No jn b PAW PC NNF 'M9td9A' b�4W1iI "Emat11 Not 9U NLLWATERREPL A16C8S g1 OmD MLPmf RI$<igfl wr BIO.W ac 9AE. Pym: STLLWATERREAL LLC PAW LNeIX No. PAW* "UWATER REALTY LLC PO BOX 2400 KEY RANK OF MAINE BANGOR ME 000022000 RANGOR MEOM01 211 Pnrmineew.m: INC. 72 MAIN STREET BANGOR, ME 040014305 Aeo 3096611 j:0112006061: IR21 Hk 9402 15=14O 022689 06-23-2004 & O4aO9e QUITCLAIM DEED WFTR COVENANT The CITY OF BANGOR, amimicipal corporation organized and existing under and by virtue of the laws of the State of Maine(hereioader Grantor), f consideration paid and in consideration ofthe Gremx's undertakings and coverams; as hereinafter set forth, grants to Stillwmer Telcom LLC, a Maine limited liability company with a piece ofbusiness at Bango, -Beacham County, Maine (bereinafter Goan ee), with Quitclaim Covenant the land m Bangor, Peaobscot County, Maine, mora particularly described as follows: Lot No. IIA in BIA Commercial / Industrial Pak, so-called, as depicted on aplan dated November 4,1997, titled "Amended Subdivision Plan, BIA Commercial / Industrial Pink", and recanted in Penobscot County Registry of Deeds Map Plan 1998-33. Also conveying acertim lot or parcel of land being a portion of Lot No. 14 as shown on a Plan of BIA Commercial Industrial Park recorded in the Penobscot County Registry of Deeds in Map File D)7-94, shaded in the City of Bangor, County ofPerrifr=, Some of Maine, bounded and described as follows: Beginning at the northeast comer of Lot #14A as shown on a Plan of BU Conmeneal Industrial Park recorded in the Penobscot County Registry of Deeds in Map File DI 7-94; thence S 58019'16" E, by and along the southwest live of Lot #11A, one hundred forty- six and eighteen one hundredths (146.18) feet; thence S 73°55'57" W one hundred six and fifty- two one hundredths (106.52) feet b a point; thence N 54012'58" W eighteen (I8) feet to a point; thence S 35047'02" W seventy (70) fret to a point; then" S 54012'58" E eighteen (18) feet to a pairs; thence S 35"47'02" W sevemee n and seventy-six one hundredths (17.76) feet to a point; thence S 104T48" W one hundred sixteen and forty-eight one hundredths (116.48') in a point; thence S 35047'02" W wnety-two aM twenty-Nne one hundredths (92.29) feet in a point; theoce N 54012'58" W one hundred forty-five and eleven ore hundredths (145.11) feet to apoint in the sumbeam line of said Lot #I4A; thence N 35"47'02" E, by used along said Lot #14A, three hundred furry -nine and ninety-three one hundredths (349.93) feet to the point of beginning. Said let being a portion of the land conveyed by the United Smks of America to the City of Hangar by a Quitclaim Deed dated December 18,1968 and recorded in Book 2148, Page 67, Penobscot Registry ofDeeds. See also, a'confirmatory deed" from the United States of America to the City of Damon, dated April 29,1969, recorded in Book 2156, Page 450 of said Registry. See also, a Dead of Release from the United States of America to the City of Bangor recorded in Book 6780, Page 186 of said Registry. The above described Lot IIA and portion of lot 14 are also depicted as Lot I]-1 on Final Plan Lots 11-1 & 144 B.I.A. Commercial industrial Park, recorded on June 18, 2004 in the Penobscot County Registry of Deeds in Plan Book 2004, Page 80. EXCEPTDIG AND RESERVING to the Chance, in its municipal capacity, from the above- described Lot No. Ito fee title to all adjacent stories. This conveyance is harbor expressly subject to a drainage eauorent, said easement being further defined in a "Dminege Baumem" from Stillwater Telecm LLC to the City of Bangor of even date, in be recorded herewith. This conveyance is further given ciTressly subject to an aviation common and sommea ant rights and restrictions in all respects and for all purposes identical m the aviation easement and appurtenant rigs and restrictions reserved by the United States of America m its Deed of RAea« recorded in Book 6780, Page 186, Penobscot Registry of Deeds. This conveyance is Rather subject ro conditions and restrictions contained in Deeds from the United States of America w the City of Bangor, dined December 18,1968 and recorded in Book 2148, Page 67 of the Penobscot County Registry of Deeds, from the United States ofAmerice M the City of Bangor, dated April 29,1969, and recorded in Book 2156, Page 450 of said Registry, to the extent the same remain in effect, and fimn United States of America to the City ofBangor recorded in Book 6780, Page 186 in said Registry. Bounce shall have We right for Ml ingrces and egress over Talcum Drive mNl such time as Telcom Drive becomes accepted as a public way by rhe City of Bangor, including the right to install and msinmm utility services. Grantor shall be responsible for maintenance and snowplowing ofTelcom Drive. (hador Aso gouts to Grandse, its successors; and assigns, an easement for ell purpous of a way bum the above-described Lot IIA across Lot 10 to Ashley Street as depicted on eat plan recorded in Plan Book 2004, page 80. This is easement is subject to the rights of the existing lessee of Lot 10. The location and devpp for my use ofthe easement is subject to review and approval by Greater. By its acceptance and recording of this deed, the Grist« hereby covenants and undertakes for itself, successors and assigns, to construct or cause to be construGed upon said land herein conveyed a 19," square foot or larger commercial building in accordance with the Construction and Development Standards hereinafter set forth: —" I. Geneml Reemani nfis All improvements shall comply in every respect with al applicable laws and ordinances of the United States, the State of Maim, and the City of Bangor, including wrong refi ie ions, ludueping, and site development standards under applicable City of Bangor ordinances. - 2. Proceeding with Work. Upon Grantee's acceptance of a deed conveying good end merchantable title to said Lot No. I IA and a portion of Lot 14, the Grantee shall, as soon as Practicable, commence and thereafter diligently proceed with the site work and construction of the building improvements. In all cases, work shall commence on or before September 15, 2004. However, nothing in this pamplih shall be deemed to ci terid my construction smart date constituting a condition of my site plan approval granted by the City of Bangor Pluming Bond in scrordance with the Grantor's Land Development Code. Sufficient evidence of proceeding with the "building improvements" is an approved Land Development Permit, issuance of a Building Construction Permit and nifiadon of construction of the building. 3. Comoletionof Work AR improvements shall be completed by July 15, 2005 unless such completion is rendered impossible, or work upon the proposed improvements would hnpose agreat heritable upon the Grantee due n strike, fire, national emergency, ratufd disomer, or other supervening force beyond the control of Grantee. However, nothing is this paragraph shall be deemed to extend my construction completion date constituting a condition of any site plan approval granted by the City of Bangor Planning Board in accordance with the Grantors Land Development Code. 4. SizeofBuildinn. The Grouse will construct a building with a gross floor nota of al least 19,000 sq. f 5. Building Coushuction. The building shall be ofcoostuaian with an approximate construction related cost of not less than $1,330,000.00 used shall be in all respcets conform to the requirements of the City ofDangor Lard Developruent Code and BIA CommercialMdustrial Park Teleran Drive Development Parcels Development Policy and Development Standards dated September, 1998. 6. Time BMensiona. Upon written request made n and received by the City of Bangor prior to the expiration of any applicable deadline, the Bangor City Council, in its sole discretion, nay extend the deadline cortrerved. 7. Certificate of Completion. Promptly following completion of construction of the building improvements uudernken by the Grantee, the Granter shall famish the Grantee with a Certificate of Completion, in recordable form, ratifying that the Grantee or its successors, or assigns have completed the required unprovements m compliance with these Construction and DevelopmeMStandards. The Certificate of Completion, upon recording, shall discharge the Grantee, its successor and assigns, from any claims of the Grantor to breach ofcovenmrt, or other clairm arising out ofGrantce's original undertaking to construct the building mprocranaas describodherein. S. Grantors Remedies upon Grantee's Default Grantee's covenaat and undertakings In constant building improvements upon the land as set on herein are an essential consideration to Grantors conveyance of said Lot No. IIA ant aportion of Lot 14 to the Grantee. Grantor may exercise my remedy available to it by law in the event of breach by Grantee. The Grant ejoins in this instrument for the purpose of acknowledging its obligations and mdetaking to constrct building improvements on the land as set out above. The Grantee's mailing address is P.O. Box 2400, Bangor, Maine 04402-2400. IN WITNESS WHEREOF, the said CITY OF BANGOR has caused this instrument to be sealed with its corporate seal, and signed in its corporste some by EDWARD A. BARRETT, its Citytdanager, thereunto duly Authorized, this o?ZW . dayofA e,2004. Signed, Sealed and Delivered CITY OF BANGOR in the Presence of STATE OF MAINE PENOBSCOT, as lune Z3 2004 Than personally appeared the above-named EDWARD A. BARRETT, City Manager of Ne City ofBangor, ad acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, NORMAN S.NEITMANN.Ili tyry public Apo ey-at-law E�kk NOTARY PUBLIC PIRESJNUARY Printed Named pL MY COMMISSION E%PIRESJANNAPY91,1%1 Mycommissionexpires: Stillwater Telcom LLC, as Grantee, hereby accepts the above deed subject the terms, conditions, coveneMs, and underteldngs set out therein. STILL WATER TELCOM,(LLC - by: L7 `/✓L Wim Carol A. Epstein Its Manager STATE OF MAINE PENOBSCOT, ss. lune03 2004 Theo personally appeared the above-named Carol Eps a n, Manager of Stillwater Telea o LLC and aclmowledged the foregoing acceptance to be her fixe act and deed m ha said capacity, and de: free act and dad of Stillmaz Teloom LLC. Before me, 144;-A� Nomryiubhc/Atromey-at-law xow PC4041So"I ,6bwwp.westate Tun d wTo Paid" M REVENUE SERVICES FILE BOTH COPIES �OF THIS FORM W COUNTY REGISTRY OF DEEDS DO NOT DETACHI =AI FCTATC TCALICRe TAv nvry w ••COUNTYBOOK dPANfINW nCy1M t MUNIWALWORTOWxGXIP PAGE BsnSot PevoBscot (xEG19n1Y USE ONLry GRLHIEE 2 NQiTM xNdF1811U5i,FK9i.IHIMLI µO90GN 9EWNIYMMIBFR191 q1 C<gPCMiE ROVER AND fEDR N.IOB1}IFILAnGN NUABERIOI Stillwater Telcm W 01-1 052 18362 d. NUMB�ANp 91REE1 CITY OR TOWN SiAIE qH0 ZIPGOpE 6 State Street BWgpr ME 044040 1 GRRNig1 ELLEBI A tlBlTl'M WNB91 MST. FIRtt, INIIIO!)AN090CLLLSECIIRIIY WIWEp9)OR WFPOMTE NMIES) NN FFLFNLpB111RGIpN NUYBER($) City of Bangor 01- 1 6000020 5.MIMBERANDSIgEET QttO (TOWN STALE AND OP CGDE 73 HAxlpp Street oJBangor NE 04401 a TAxMAP d LOT NUMBER (I,nngm% was M M" props, d qop WNWMmN1YWl Fn.na. mmIr" Tax SEE 100, iut 5 Elia mxtim of Tax Rep - ,Gone. "w.,i,lly ' PROPERTY 100, LG[ 9 ws.wnawamwA •eawwl pexNn e,aMsxw.au,. m. AID p r YOU >DATE OF TPANs O oclwmm Oxm clwNhw e. c°neM.muw wl..n:N mW emwn wpaw p•a erreawna b w era, m, era wownr wb.e m nNwy, mumo„w.ne Mu... onset anolIftrP9.. rwuad" on�MMw c0mkesMua°dn 01 mes tomwe mNLcn- PoMm*44be Nm Press". uw k Ne.W prettyw°Ja CONSIDERATION e. ere. ab eMore anap"wm.W.W'b re nn an myuru. m. m.a.m. a. aro, warenon shed wa.0 of swnt eeten V It, bar moo me$2.20ser) Pen aware a www"non w vm�.. IM m'N wwlN ervaee Mmmen as moo hta exwr.l x ..emw w me, be w.s a LE VALUS231,700 m E wAxs S 231,700 op runON 9.EXPLAIN ones FOR EXEMMON IWtlea, ArIy E arewlx b Contra be to bey wpeas% ennwl pawns W MRSA. EXEMPTION mysd•Ic) - ExeWt: Seller is exe%pt - govenxaental mti[y a°rcrer wsI w9pmaWm°pnm.r m. pap.nw°+ww.nw wM.. m.nlro Iu ar SPECIAL Who,no as asfienn se mwrM.nNs. twMl••me Na aM a.nan wwstons wlwro,nmwre,w...,uu,e,ye,wnNr.YES CIRCUMSTANCES LULU Nnwameswmffi yllle.)PIPYe exnnlx DOOM ®xD Il.o eul=Iq wlaH BitlmMAw ® Don,)torepNre] b wIWW Nen. bc°me W aeww°: INCOME TAX •n"'"el°m""e mwn'e ""'°'n ^° r�r^^^••°ImmwueN•n•w+aw WTIHHELD Mason PXve as m•uIM M S WWA o. "Ver rum Nom rnWl howl me Ser Tax Answer, We LUN mill b bases Raman Soman OueWaemlm rxtlw ptpero 1. I...men (5gW9, mmM wD any w ( veeW:exmplpx98 uR9A ssaDA,.wg sA 14. been M"rate wee bM ay TM.9a, 96 We setINDhereby MabsewCwYnm.aY•s I®n <ewsp " fi exx exemFq a$ Mum bad be the Mel tl vbpMee9e ak aNW, a oboe. C°nM. eM ¢mpM.. A OATH tlVfPEEM aM11XOW2FD MiFNT WTE OWMTCflIBIa REp AGENT DATE q - -O s -t3 0l PREPARER Is. Memo wed g"d°a" a Wimbell, 84 Harlow Street, este tw°apB"0"°' a""p'•pw'"9 xN Mm' P.O. Sox 1401 r ME 04402-1401 ` Bk 9402 Pa148 022690 06-23-2004 a O42O9n BUFFER YARD EASEMENT City ofBangoy a municipal cooperation, located in Penobscot County, State of Maine, giants w Stillwater Telcom LLC, a Maine limited liability company having an office located at Bangor, Penobscot County, State of Maine, for consideration paid by SGBwater Telcom LLC, the receipt of which is hereby acknowledged, goods to said SfiBwawr Telcom LLC, its successors and assigns forever, a buffer yard casement subject. w the resarictrots contained herein, said easement consisting of the right and privilege W plant and maintain vegetation and landscaping for the purpose of conditioning a buffer. yard as required by the Land Development Code cite City of Bangor on a portion of parcel of land of the City of Bangor described as Lot No. 14 as shown on a Plan ofBIA Commereisl Industrial Park recorded in the Penobscot County Registry ofDeds in Map File D17-94, and also depicted as LM 14-1 on Final Plat Lots 11-1 & I&I B.I.A. Commercial Indwrial Park, recorded in Penobscot County Registry of Deeds in Plan Book 2004, Page 80, which easement area is described as follows: Beginning at apoint S 4026'37" E ninety-six and me one hundredths (96.01) feet from the antitrust comer of Lot #14A as shovm on a Plan of BIA Commercial Industrial Park recorded in the Penobscot County Registry of Deeds in Map File D17-94; thence S 54°12'58" E eighteen (18) feet on a point; thence N 73°55'57" Etwenty-seven and ffiy-hvo one hundredths (27.52) feet w a Point; [bene S 35047'02" W one hundred they -four and sixty-two am hundredths (134.62) feet to a Point; thence N 1"47'48" E thirty and forty-one one hundredths (30.41) feet w a point; thence N 35"47'02" E seveetem and seventy-six one hmdredths (17.76) feet on a point; chance IN 54012'58" W eighteen (18)fast w a point; thence N 3504T02"E seventy(70) feet to the point of beginning. The above description was prepared by Ismes M. Greer P.LS. #1129,73 Harlow Street, Bangor, Maine. - �. _. �1d c easementcrat at granted sablefirnes for t r(ghtpose of nicestthe and u - — described easement area at all reasonable limes forthe purpose ofmaintairdng and using the easement area for its stated propose. IN WfD4HSS WIIEREOF, the City of Bangor hes caused this Farement Deed to be signed a satinstcmnentunder seal,this x'73//,9 dayoflme,2004. Signed Sealed and Delivered CfTY OF BANGOR in the Presence of Witness Name: Edward A. Bard Title: City Manager STATB OF MAWS Penobscot, ss. June�3. 2004 Personally appeared the abov named Bdward A. Barrett, City MmW of the City ofBaogor and acknowledged the fomgmg e^t to he his free act and deed Us his said capacity, and the free act and deed of said wr tion. Before me otmy Public/ y-at-Iaw Printed Name: .g My Commis&sionpines: SEAL NORMAN S. HEITMANN, III NOTARY PUBLIC - MAINE MY WMMISSION EXPIRES IANUAR131.r0tl ak 9403 Ps147 033691 06-23-2004 a 04a09e Stillwater Telcom LLC, a Maine limited liability company having an office located at Bangor, Penobscot County, State of Maine, for consideration paid "c City of Bangor, a municipal corporation, located in Penobscot County, State of Maine, the receipt of which is hereby acknowledged, gears to said City of Bangor, its successors and assigns forever, a drainage easement subject to the restrictions contained herein, said easement consisting of the fight and privilege to discharge and convey surface and subsurface damage over, and across a portion of a parcel of land described in a dad fiom City of Bangor to Stillwater Talcum LLC of even date to be recorded herewith within the eaazment area described as follows: A thirty (30) foot wide storm drain easement shouted in the City Of6angor, County of Penobscot, State of Maim, boarded and described as follows: Beginning at a point in the sombeast Had of Lot *1 4A as shown on a Plan of BM Commeroial industrial Pak recorded in the Penobscot County Registry of Denis in Map File D17-94, said point being S 35047'02" W one hundred seventy-five and seventeen one hundredths (175.17) feet of the southwest line of Lot 411 acoon ing 0 said plat; thence N 73055'57" E one hundred ad thirty-seven one hundredl6s (100.37) feet o a point; thence S 35°47'02" W forty-seven and eight one hundredths (47.08) feet to a point thence S 54012'58" E one and seventeen one hundredths (1.17) fest to a point; thence S 73055'57" W One hundred taro and twenty-six one hundredths (102.26) feet On apoint in the southeast line of said Lot #14A; thence N 35047'02" E forty-eight and fifty-seven one hundredths (48.57) f t othepoivtoftegivwrg. The above description was prepared by lames M. Greer P.L.S. 41129, 73 Harlow Street, Bangor, Maine. The easement herein granted shall include ted right enter upon the above- _ .—described.easementarea at At reasonable times with personnel, vehicles and ornipmed _.. " �fa the purpose ofmainardvg and using the easement area for its stated purpose. The Grantor agrees, for itself and for its successors and assigns, that it shall not plait or contract trees, shrubs, buildings or other structures within the easement area described above, but Grantor shall otherwise have but use and enjoyment of its property. The Greror further goon¢ the right o unit, clear, our or remove any trees, bush or other vegetation planed or naturally go wing, and to remove without payment of damages or compensation, any building or announce now or hereimRer Insured within the essensent area. Provided that the Granton, following each entry under this easement, shall tnke all reasonable action necessary to residue any paved or council surfaces disturbed by canoe's entry, by repaving. limning and reseeding. By acceptance of this easementdeed the Gravies covenants and agrees that it is snit shall remain liable as owner for any clean-up costs or other remediation required by applicable law related to contamination of the easement area or adjacent lard by reason of any activity of the City ofBmigm including any activities connected with operation of Bmtgor International Airport including, without Radiation, liability as the landowner under to Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Gmntce forte covenants and agrees to give written notice to Gramm, its successors and assigns, whenever Gmnta is required to submit notification to the Maine Department of Errvwmmvtal PmtecdonPamuant m Department Order gG02976-1SAY- M,dated October 16,2003, recorded in Penobscot County Registry of Deeds in Book 9058, page 2876, as it may be amended, regarding the BU de-icing collection system. For Grantor's source of fide we deed of City of Bangor to Stillwater Telcom LLC of even data to be recorded herewith. M WITNESS WP,EREOF, Stillwater Telcom LLC aused mis Easement Deed to be signed as an instrument order seal, this _ day of lune, 2004. Signed Sealed and Delivered in the Presence of Witass STATE OF MAIbiiE Peobscot, as. STILLWATER. TELCOM LLC by. LQ.L"'[ d Carol A. Epstein Its Manager ,ane 0 2004 Qerso pearedilm above-named Carol_ Epstein, Manger of StiLLvreter _.. Telcom LLC and acknowledged the foregoing instrument to be her Gee act and deed in her said capacity, and the Gee as and dad of said limited liability company. QW27Ir .Dbtag-Kublic/Attorney-at-Law Printed Name: Ea/]T/ir/CNM�A� My Commission Expires: