HomeMy WebLinkAbout2004-04-12 04-116 ORDERItem No. 04-116
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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:
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ClminOaaN:
June23,M04
PUMPAI Priv:
$ R3
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am
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18 TMsm ay, Nnwr
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June3$20M
PunM1mse Moo $ 231.N000
Tm PrvraXm N/A
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mtm omm to seller at norma: sN
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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
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PO BOX 2400 KEY RANK OF MAINE
BANGOR ME 000022000 RANGOR MEOM01 211
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INC.
72 MAIN STREET
BANGOR, ME 040014305
Aeo 3096611 j:0112006061: IR21
Hk 9402 15=14O 022689
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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�
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DATE
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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: