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,
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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.
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(TITLE,) ta.rnoriaacioe m serer ser c
Ayie e [ e e Onpauy
A6Ngnetl to Councillor yI)�r /Y/AA40
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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
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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