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HomeMy WebLinkAbout2004-04-12 04-117 ORDERItem N0. 06-11] Data: Anvil 12. 201(l4 Item/Subject ORDER Authorization to Enter Parking Agreement with Webber Oil Company Responsible Department: Community& Economic Development Commentary: Webber Oil Compmy, leases space in its building at 252 Harlow Street to Pi nquis CAP. Webber is converting space within its building M provide the additional office spare needed by Penquis CAP. To satisfy Penquis CAP'S additional parking needs, Webber is willing to up -front the City's war of constructing 40 permit parking spaces along Curve Street in exchange for one of the spaces for a period of fow years. This Orderwouid approve an Agrentatubeteen the City and Webber whereby Webber would provide the fiords to the City needed fm construction of forty parking spares on Curve Street, the City would construct the spaces, and than would provide Webber with forty parking permits for Webber's exclusive we of Ne parking spaces for four years. Staff rawmmends approval. Department Head Manager's Comments: Associated Information: Budget Approval: rector Legal Approval city olldtor Introduced for _ Passage _ First Reading Page _ of Referral Assignuto Cawcilor D'Errico April 12. 2006 It, r CITY OF BANGOR (TITLE.) Order, Authoriation to Enter Puking Agreement with Webber Oil Company By the Qty County/ of the Ory of Eargor ORDERED, WHEREAS, Webber Oil Company is the owner of an office building located at 252 Harlow Street, and WIDRJEAS, Webber is convening space within its building for office space to allow a tenant to expand; and WHEREAS, Webber needs additional parking to accommodus the tenants expansion needs; and WHEREAS, the City can construct parking on Curve Street to provide the parking needed; and WItEREAS, Webber is willing to provide up front the coat of rhe City constructing forty parking spaces on Curve Street, estimated by the City Engineer to he &48,000, in exchange for City parking permits to use the forty puking spaces at no additional cost to Webber for a period of 48 months: NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT the City hfarager is hereby authorized to execute An Agreement with Webber Oil Company, whereby Webber Oil Company would pay the City $48,000, which the City would use to construct forty permit parking spaces on Curve Street, and the City would provide parking permits for the forty spaces to Webber Oil Company, for use by Webber Oil Company's tenants at 252 Harlow Strad, at no additional cost to Webber Oil Company, for a period of four years, in a form approved by the City Solicitor or Assistant City Solitaire. F - # M -11] 0 BDDc (TITLE,) ta.rnoriaacioe m serer ser c Ayie e [ e e Onpauy A6Ngnetl to Councillor yI)�r /Y/AA40 tas—u2 AGREEMENT CHRVE STRBET PERAn PAR MP3 SPACES This AGREEMENT Mede and exemaed in duplicate as A3 day of �une. 2004, by and between: The CITY OF BANGOR a Municipal corporation entombed and existing under and by signs of the laws of the State of Maine lanced into County ofPeaobscoS State of Maine (hereinafter sometimes referred to as the "City") Im. WEBBER OIL COMPANY, having its principal place of business at ]bo Maw Street. Bangor, Maine (hereinafter sometimes referred M as "Webber' Cr:IiiAiX.Y:Y�11:A WHEREAS, Webber desires to purchase pasting permits along Curve Street w Bangor Por use by Webber's hundreds of Webber's property a 252 Harlow Sdreeq and WHEREAS, the parking spaces would have to be committed by the City, and WHEREAS, Webber is willing to W Goad the coal ofc nistrucring the parking spaces to exchaage for to City providing forty (40) parking pemtirs to Webber for its use of else Parking spaces at no additional cost for a based amount of for: ARTICLEI PERMIT PARKING SPACES The City, for and in consideration of Forty Eight Thousand Dollars ($48,000.00), receipt of which is hereby acknowledged, and the obligations to be performed byte City as hese'nnd.g provided, does hereby agree M provide parking permits for forty(40) vehicles along Q eShed m Bangor, M shown on a plan prepared "e City of Bangor Engineering Department entitlN "Curve Street Parking Project" on file in to office of the City Engineer, hereinafter referN as Me'pesmit parking spaces", subject to the conditions freeloader expressed. ARTICLE H TERM The tam shall be for a period of fifty-four (54) Monts, conunescing on the t^ day of My 2004 or we completion of construction of the permit parking spaces byte City, whichever is lata, unless summer terminated as provided herein. 04—I1] Afterthe initials monthterm ofthis Agreement,Webber may renew the forty parking permasonamoothlylands. Theter s,coo dons,aadpriceofihesepermiteshallbegovemedby the Code ofthe City cfBangor, Chapter 291, §291-42.1. ARTICLE E MAINTENANCE The City shall be responsible for maintaining the permit parking spaces. The City's maintenance responsibilities shall include snow removal, snapirg surface patching, paving overlay, and parking by peanut only signage. . ARTICI.BIV USE AND OCCUPANCY OF PERh11T PARKB4G SPACES A. Webber, its successors and assigns, shall use and occupy the permit parlring spaces for parking purposes for its tenants of 252 Eiarlow Street and for such tenants and Webber guests and invitees, and for no other purposes whatsoever without the express written consent of the City. B. Webber, its successors and assigns, shall not use or occupy the permit parking spaces in my roamer m to knowingly violate my applicable law, ordinance or regulation of my duly terminated governmental authority. C. Webber, its successors and scalps, shall have the exclusive discretion to determine the use and occupancy of the permit parking spaces by my thiN persons, provided that all such users shall be employees of Webber or its tenams of its 25211ar1ow Street property, including gu ssm and invitees of Webber or them tenants. D. The City, through its agents, shall have at all reasonable times the right to go upon the demised premises, for the purpose ofmametravcq management, inspection or repair of the dermsei premises. ARTICLE V RcOftleCWO9 Nodung herein shall prohibit the City, on a temporary basis, from denying access W portions of the permit parking spaces as necessary for the repair and maintenance of the peanut parking spaces or City property abutting or lying adjacent to the permit parking spaces. ARTICLB IMPROVEMENTS Webber shall not make my changes, alterations or irapmvemevts ofany Iran to the permit parling spaces without the City's prior written consent The City may grant or withhold such comen4 m its sole dismstion, as the City deems proper. Upon termination of Us Agreement. by burned emimed or otherwise, any additional improvements, structures or personal property erected of Located upon the persouparlang spaces by Webber shall become the property of far City to be disposed of in any way the Clty may deem fit. ARTICLEW NON-DISCRIMINATION Webber, in the use and occupancy of the permit parking spaces, shall not discrimivam or permit discr undusion against any person or group of persons many mariner contrary to law. ARTICLE VM DESTRUCTION OR REPLACEMENT OF PERMIT PARKEJG SPACES TERME!IATION FOR CONVENR.TICE Should the permit parking spaces be damaged or destroyed an as to prevent Webber, its successors or assigns,fom asng or occupying the permit parking spaces for any period ofthirty (30) consecutive days or more, or should the City hereafter replace the permit parking spaces with other parking facilities, than in such usual the City at its option shall provide Webber or its successors On assigns with comparable parting at a location within the arca bordered by Market Street to the north, Curve Street to the West, Central Street to the dust and the Kenduskeag Stream Or the south for the balance of the term providedherein. ARTICLE IX TERbENATION FOR DEFAULT It is covenanted and agreed that if Webber, its successors or designs, shall neglect or fail m perform or cleanse any of the terms, pmvisimv obligations or conditions on its part to be pdformed or observed under this Agreement and such default shall continue for a period of thirty (30) days after entum mice thereofby the City, then, Is City lawfully may, immedian li, or 0 anytime thereafter, and without demand or notice, terminate Us Agreement. IsdIncu I_ All provisions of Us Agreement shall extend to, bind and enure to the benefit of Out only the City and Webber, but also its successors and assign, provided that Webber may not assign this Agreement or permit or allow its assignment to any person or entity who is not also Webber's successor in interest to Webber's property at 252 Harlow Strad. ARTICLE X N T1�CES Notices to the City provided fibrin this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid, to: 04-11] Edward A. Barrett; City Manager CiiyofBangor n 131 clow Street Bangor b4E04401 and nofices to Webber shall be sufficient, if seat by registered or certified mail, postage prepaid, to: Raymond J. Cote, Jr., Vice President of Real Eatace Webber Oil Company 700 Mom Stred Bmgor, Maine 04401 or to such other respective persons at addresses as the parties may designate to each other in writing from nine to nine. ARTICLE XII EWNWO Failure on the part of either party to completion of any action or non -action on the part of the other, no manor how long the same may continue, shall never be deemed to be a waiver by either party of any fights heremder. No waiver at any time of my of the provisions hereof by either party diad be continued as a waiver of my other provisions hereof, and waiver at my time of my of We provisions bereof shall not be construed at any subsequent time as a waiver of the same provisions. The approval by either party to or of my action by the other reghuing consent of approval shall not he domed m waive or render amecessary the required consent or approval of my subsequent or .similar moon ARTICLE XID 1NVALmI] OF PARTICULAR PROVISIONS If any term or provision of this Agreement or the application thersofto my person or umstmces shall be dulued invalid m unenforceable by my court ofcompetmt junsthctim, the remainder of this Agreement or the appBration of such terms and conditions to persons or ucumsmces other thin those which have been held invalid or unenforceable, shall not he affected, and smh tone m condition of this Agreement shall be valid and be enforceable m the Pollest extent permitted by law. ARTICLE XIV CONSTRUMON The headings appearing is this Agreement are intended for convenience and reference only, and are not to be construed by the parties harem or by my thud parties in containing this Agreement. ARTICLE XV GOVERNING LAW T Agreement shall be governed by the provisions hereofand by the applicable laws of the State of Mame, as Ne same maybe amended from time to fine. ARTICLE XVI A. The City herebyrepresards and warrants that it hes taken all necessary procedural and legal steps as requuM under State law and its local Charter and ordinances for the purpose of authorizing the execution of this Agreement and dust the execution of this Agreement by its City Manager rends Nis Agreement a valid and binding document to the part of the City of Bangor, its successors and assigns, fully eufmceable in all of its terns and conditions by Webber. B. Webber hereby represents and warrants that it has taken all necessary procedural rad legal steps as required under State law for the purpose ofauthorizwg the execution of this Agreement, and that Ne execution of this Agreement by a duly authorized officer renders this Agreement a valid and binding document on Ne part of Webber, its successors or assigns, fully enforceable in all of its terms and conditions by Ne City. M WITNESS WBERBOF, the parties hereto have set thew hands and seals the day and ye¢ first vmtten above. CITY OF BANGOR By - L Witness sward is Barrett Its City anag¢ WEBBEIt OIL COMPANY By wltauss Ondf Oda, .l(. Vice President of Real Estate STATE OF MAD4E Penobscot, ss. 2W Then personally appeared the above-nmoai EDWARD A. BARRETT, in this capacity as City Manger of the City of Bangor, Maine, and acknowledged the foregoing insmunent to be bis See act and deed is his said capacity, and the Gee act and deed of said body corporate. Before mq A0 t w NORMAN S. HED'MAPoN, Type or Print Name NOTARYPD HEI III NYcONbISSIONEXPIRESJ'MAI 1i }AH STATE OF MA1NE Penobscot ss. IoI @1 .2IXW Then personally appeared the above-named RAYMOND J. COTA, PR., in this capacity as Vice President of Real Estate for the Webber Oil Company, and admowledged the foregoing dnshvment to be bis See aU and dad in bis said capacity, and the Gee act end dad of said body cooperate. Before me, sora. NmnPwt. avmta.mce Type Orin ame��ro Camrmnw ms%Wms..oma,. soaacep-eareu,ea o. WAe, ownsRen.nw