HomeMy WebLinkAbout2004-06-14 04-192 ORDERCOUNCIL
Item No. e6-192
Date- lune 14 2004
Item/Subject: ORDER, Authorizing Eirecutlon of Lease with Hanover Associates
Responsible Department: legal
Commentary:
Recently, staff has had discussions with Hanover Associates regarding proposed reuse its property
local at 38 Bangor Mall Boulevard. This propeM was formerly occupied by Papa GlWs and has been
vacant for some time. Hanover Associates has been trying to a0rad anew tenant for this property and is
currently working with a business 0tat Is very interested, but needs to have a ddveup window for R to be
a viable location.
This particular property Is zoned Shopping and Personal Service and the current building is set
bark a little over Q feet from the Bangor Mail Boulevard right-of-way line. A drive through restaurant is
a condltlonal use In the Shopping and Personal Service zone and therefore is subject to meeting
land owned or leased by the appliram. As noted, other mntlitions also apply to a conditional use, but it
appears that only the front yam setback is problematic for the proposed use given the current
configuration.
An option m accommodate the proposed reuse of this property is to lease a portion of the existing
right-of-way of Bangor Mall Boulevard. This would involve a strip of land within Ne street right-of-way
about 10 feet wide and extending along the frontage of this particular lot. The Bangor Mall Boulevard
right-of-way, is 100 feet wide and most of the strip of land described above falls behind the existing
sidewalk.
This was reviewed by the Transportation and Infrastructure Committee which recommends
approval _ p
Manager's Comments:
Associated Information: '
Department Head
City Manager
Finance Director
City Solicitor
_ Passage
_First Reading Page 1 of 2
Referral
AssigndmCamubr PexxYvg[ov ]we 14. 2004
.. a -o
041 z CITY OF BANGOR
(MILE.) ORDER, Authorizing Execution of Lease with Hanover Associates
WHEREAS, Hanover Associates is the owner of a certain parcel of land in Bangor; and
WHEREAS, said parcel had been previously developed, including the construction of a
building; and
use by an activity
WHEREAS, the building on said property does not have sufficient setback from Bangor
Mall Boulevard to meet City of Bangor Code requirements for conditional
use approval, old building being approximately ten feet too close to the
existing lot line; and
WHEREAS, Hanover Associates is requesting a lease with the City of Bangor to enable it
to meet conditional. use setback requirements.
NOW, THEREFORE, be it ordered by the City Council of the City of Bangor
THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute
a lease with Hanover Associates. Said lease shall be for $1.00 and will be in a final
form approved by the City Solicitor's Office and will provide for a parcel measuring
approximately 9 feet by 120 feet to be used as setback for a conditional use and for no
other purpose, and subject to the City maintaining its use of mid parcel for sidewalk
and right of way puryoses and for public use and beneft.
IX CITY COMCM
June 14, 2006
Motion (lade and
Seconded for Passage
Passed
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04-192
A
INDENTURE OF LEASE
Vh
THIS INDENTURE OF LEASE, executed tbisa4 day of 2004, by
andbetweeu: 1
CITY OF BANGOR, a municipal corporation duly organized aM existing under and by virtue of
the laws of the State of Maine, and having its principal offices at 73 Harlow Street, Bangor,
Maine thereinafter sometimes referred b as"tensor')
um
HAMOVE.R ASSOCIATES having aplace of business a[Main Avenue, Bangor, County
ofPenobsc n, State of Maine (here'utafter sometimes referred tom "lesaee")
WHEREAS, the City of Bangor is the owner of a cedam parcel or lot of land; and
WHEREAS, Lessee is the ovmer of an abutting panel or lot of land; and
WHEREAS, Lessee wishes b obtain a development permit for its parcel of land for a
conditional use under the Iand Development Code of the City of Bangor, and
WHEREAS, Lessee needs to acquire an interest in the land owned by the City of Bangor
in order to meet the setback requirements of the hand Development Cade of the City of Bangor;
and
WHEREAS, Lessee wishes to lease said parcel or lot of land for the purpose of meeting
said setback requvemmm.
NOW, THEREFORE, the parties do mentally agree as follows:
ARTICLE I -PREMISES
The Lessor, for and in consideration of the reins to be paid and the obligations to be performed
by Lessee as hereinafter provided, does hereby demise and lease unto Lessee and the Lessee
does hereby take and Isaac, upon and subject th the terms and conditions hereinafter expressed, a
parcel of land described as more particularly described in alribit A attacbed battle.
ARTICLE H -TERM
TO HAVE AND TO HOLD the demised premises unto the Lessee for a term. five (5)
years commencing My 1, 2004 and commanding Juan 30, 2009 with option to nme for five year
periods so long as Lessee needs the demised premises to comply with the requirements of the
Land Developmerrt Code of the City of Bangor.
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ARTICLE BI- COMPUTATION OF RENT
Lessee covenants to pay to the Lessor as round for the premises leased hereunder One
Dollar,
ARTICLE IV - USE, OCCUPANCY AND ALTERATIONS TO PREhBSES
A. Lessee shall have the right to use, occupy and continuous, the premises herein described in a
reasonably business -like, careful, clean, and reasonably safe roamer solely for the purposes of
meetingthesetbskrequ =tsofthe Land Development Codeofihe CityofBangorandfor
no otberpurposes whatsoever without the prim written consent of the Lessor.
structures or impmvanarta shaE be constructed on the darnised premises with
the CityofBaugor.
ARTICLE V -HAZARDOUS WASTE
Lessee hereby covenants and agrees that it shill not, during the term of this lose, including any
extension or renewal hereof, permanently place, cause to be placed, deposit or discharge my
hazardous waste upon the demised premises, and further expressly agrees than it shall indemnify
Lessor from any and all caste, expose or liability, of whatever kind or nature, incurred by the
Lesser in delectin& evaluatinic recooving, treating, disposing of or otherwise responding to any
hazardous waste placed or deposited by Lessee in violation of this Article.
Lessee hereby covenants and agrees that it shall not, during the term of this lease, including any
extension or renewal hereof, violate any local, sate or Federal regulation, ordinance or secure
pertaining to hazardous waste or brandous material and further expressly agrees that it shall
indimaify Lessor from any and all costs, expense or liability, of whenever kind or nature,
mounted by the Lessor for any such violation by Lessee. Such costs shall be deaud to include,
without 1uvimtion, Lassoes costs ofdefarding any suit filed by any person, entity, agency, or
governmental authority; paying any fines imposed in connection with such suit; paying any
judgments or otherwise settling any damage claims; complying with my ender by a cowl of
competentjuristhchon directing the Lessor to take remedial action with respect to such waste;
and of all associated attorneys fees and costs.
For the purposes of this Article, the term "hazardous waste" shall be rimmed to include every
substance row or hereafter designated as a hazardous waste under my provision of State or
Federal law. Lessees obligations aider this Article shall be deemed to survive the expiration or
temsination of this Lease, but shall be limited to acts or occurrences by Lessee, its agents,
employees and assigns, during the tem, or any extension or renewal thereof, of this lease.
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ARTICLE VI- LIABIIITY AND PROPERTYDAMAGE NSURANCE
The Lessee, during the =me turn of this Agreement, or any extension thereof, shall maintain, 9
its sole expense, insurance of the following types with companies authorized w do business in
the State of Maine for the frommon of the City of Burger, who shall be named as an additional
named against all claims, losses, was or expenses arising out ofinjuries w persons whether or
not employed by Lessee or damage to property whether resulting from acts, omissions,
negligence or othuwise ofthe Lessee, its directors, officers, employees and agents and arising
from Lessm'sumofthepr msmmypanmpmtionthereof.
Comprehensive Public Liability
Bodily Injury
$400,000.00 ¢aria occurrence
Comprehensive Property Damage
$400,000.00 each occurrence
Warker's Campeasation Insurance
Lessor shall not be required to provide insurance coverage and earl here no responsibility for
any property, owned by the L see or third parties which may be located on the leased premises.
Lessee shall cause to be famished to the I,issor evideave m the form ofcanificates ofinstance
of the existence and commance in force of the insurance required hereuoder, lessor shall be
nodded of my changes or discontinuance of coverage.
The minimum insurance coverage required under this Article shall be doomed w be
aromatically adjusted whenever the Maine State Ulashi me shall increase the Lessor's
maximum liability for personal ijmy or property damage claims brought under the Mame Tort
Claims Act. In evem of such an mmesse, the nomination insurance coverage required shall ke no
less than the Lessor's maximum liability for such claim under the Maine Tort Claims Act.
ARTICLE VII - INDEMNITY
A. General Indemnification- Lessee shall defend am hold Lessor, and its inhabitants, officers,
employees and agents completely harmless from and against any and all liabilities, losses, suits,
-
cUims, judgments, fines mdemands arising by realm of injury or death of my person or
damage to my property, including all reasonable costs for investigation and def ethereof
(including but not limited to attorneys' foes, court costs, and expert witness fees), my nature
whatsoever arising our of or incident m this agreement and/or the use, occupancy, conduct, or
management of the leased premises or the acts or omissions of Lessee's offrcas, agents,
employees, contractors, subcontrmtors, licensees, or invitees, undess such injury, death, or
damageiscausedbytbenegligmceoftheLessor. The Lessa s"I give to Lessorreasonable
notice of any such claims or notions. The Lessee shall also use roamed reasonably acceptable to
Lessor in carrying out its obligations under this Article. -
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B. Lessee's Waiver of Workers' Compensation Immunity -he Lessee hereby expressly agrees
that it will defend, indemnify and hold the City ofBargm, its inhabitants, officers, employees
aM agents completely harmless fiom any and all claims made or asserted by the Lessee's agents,
ervants or employees arising out of the Lessee's activities under this Lease. For Ibis tmmooe
He Lessee hereby mrorcssly waives my andall i it may have and a Workers
Congagandirry Act in such claims made orby the Lessee's ammg servants
employ The indemnification provided under this paragraph shall extend to and include any
and all costs incurred by the City of Bangor to answer, investigate, defend and settle all such
claims, including but not limited to the City of Bangor's costs f attorneys fees, expert and other
wifiess fres, the cost ofinvenimews, and payment in fall of my and all judgments tendered in
favor of Lessee's agents, servants or employees against the City of Bangor in regard to claims
made or asserts by such agents; servmts, or employees.
ARTICLE VM - RULES, REGULATIONS AND LAWS
A- The Lessee hereby agrees to obey and to cause all personnel employed by the Lessee to obey,
all municipal ordiasoces, and all State and Federal rules, regulations, or laws pertaining to the
Lessee's use and occupancy of Ox demists premises.
B. (user retains the continuing right in the leased premises to maintain the existing City of
Bangor right of may and sidewalk including, brit not burned in, the right for public use,
construct, repair improve and otherwise maintain the sidewalk and tight of way, together with
the right of ingress to, egress from, and passage over Lessee's property for the above purposes.
ARTICLE IX -TAXES
The Lessee anticipates obtaining exemption Gum local real afar¢ and personal property mention
punuant to 36 MRSA section 652. Unless otherwise exempt, the Lessee agree to pay, when
due, any and all taxes and/or assessments, fees or charges of any kind whatsoever, as may be
imposed during the term hereof, or any extension of the term ofthia lease, by any governmental
authority upon the demised premises, including Lessee's le Behold interest therein, my
structures, or improvements Hereon, or any personal properly located therein, if the Lessee does
obtain exempt starts under 36 MRSA section 652 or my similar successor thereto, it is expressly
agreed Het such taxes and assessments shall exclude all amounts levied as real estate and/or
-personal property taxa upon the demised premises by me Lessor acting in its governmental
capacity.
ARTICLE X - NONDISCRIM W ATION
Lessee for itself, be personal representatives, successors in interest and assigns, and as part of the
nsiderations hercof, doer hereby covenant and agree as a covenent running with the land that
(1) no person or group of persons shall be excluded on the grounds of race, color, or national
origin, from participation in, dented the benefits of, robe otherwise subjected to discrimination in
the use or occupancy of said demised premises; (2) in the constriction of all improvements,
buildings, structures, on, over or under such Ind and He famishing ofservicos therom, no
person or group of persons sball be excluded on He grounds of race, color, or national origin
fimn participation in, denied the bead its of, or be otherwise subjected to unlawful
discrimination; and (3) Lessee Blau use the premises in compliance with all other requiranents
as maybe imposed by Or pursuant to Title 49, Code ofFedernl Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation EReduation of Title VI of the Civil
Rights Act of 1964, and as said regulations may be amended. hr the event of breach of my of
the above nondiscrimination covenants, the Lessor shall have the right, stiff failure of Lessee to
rectify such breach within thirty (3 0) days and receipt of notice from Lessor, to terminate this
Agreement. Provided, however, that Lessor shell not have the right to vitiate termination of the
Lease under Us Article with respect to any complaint of discrimination which is pending final
resolution or adjudication before any agency or court of the State of Maine or the United States.
ARTICLE XI -COVENANTS OF QUIET ENJOYMENT
Observing, keeping and performing all the team and provisions of the lease on its part to be
observed, kept and performed, shall lawfully,peaceably and quietly have, hold, occupy and
enjoy the demised premises during the term haeofwithout hindrance or rejection by the Leswr
or any other persons.
ARTICLE XII -LIENS
The Lessor and the Lessee agree that each will promptly discharge (either by payment or by
filing of the necessary bond or otherwise) any mechanics, materiaMm's or other liens against
the dandiacal premises, any buildings, spectrum or improvements thereon, which lies may ansa
out of any paymen due for labor, services, materials, supplies or equipment which may have
been famished to Or for the Lessor or the Lessee, respectively.
ARTICLE XIII -SURRENDER OF POSSESSION
Lessee shall, upon the termination of this Lease, numb der the quid and peaceable possession of
the drmised promises. - _
ARTICLE -TERMINATION
It is covenanted and agreed that:
(1) If the Lasses stall neglect or fall to pay the rent or other charges payable bereunder Sod such
default shall continue for aperiod ofthtrty (30) days after written notice thereof by Lamm, or
(2) If lessee shall neglect or fall perform or absence any of the other covenants, terns,
provisions, or conditions on its pan to be performed, or observed, and such neglect or failure
shall continue for a period ofnindy (90) days after written notice thereof by Lesson or if such
covenants, terms, provisions or conditions cannot be performed or observed within said ninety
(90) day period, if Lessee fails to diligently prosecute the curing of such neglect or failure; or
04-193
(3) Ifthe estate hareby created shall be taken on execution or by other process of law; or
(4) Ifthe Lessee shall be declared bankrupt or insolvent according b been; or
(5) If my assignment shall be made of the property of me Lessee for the benefit of creditors; or
(6) If a receiver, guardian conservator, or broom in bankmptcy or other mo ilm officer shall be
appointed to take charge of all or any substantial pan of the lessee's property by a Court of
competent jmimunition; of
(7) If a petition shall be filed for a reorganization of the Lessee under provisions of Ne
Bankruptcy Act now or hereafter enacted; or
shall file apearl an for such reorganization or for armvgomads under any
(9) If Lessee breaches the Agreement existing between the parties and fails to cue said breach
within my applicable cure in Since period.
(10) ffL ssec no longer need the demised premises for the purpose of meeting requirements of
the Land Development Code of the City of Bangor.
Then, in my of the said cases (notwiWstanding my license of any former breach of reversed or
waiver of the benefit hereof or consent is a former induce), the Lessee maybe considered in
default hereunder, and the Lessor lawfnlly may, immediately or at my time thereafter, and
without demand or nonce, enter into and upon the said premises or my part thereo& in the more
of the whole and repossess the same as of the Lessor's former estate, and expel the Lessee and
those claiming tlmugb or under it aril rmove its or their affairs (forcibly if necessary) without
bang deemed guilty to my manner of trespass, and without prejudice to any remedies which
might otherwise be used for arrear ofrent orpreceding breach of covenant Uponsuchentry,
Us Lease shall terminate, and rhe Lessee shallbe liable to pay as ret, amour reserved as
would have become due under this Losse if this Lease had not been terminated or if the Lessor
bad not entered or reentered as aforesaid. Notwithstanding the foregoing, Lessee's liability shall
not exceed the differeum if my, between the rental which would have been due had there been
no such termination, and the amomt being received by Lessor as rut from any new tenet or
occupant of said premises. In order to mitigate Lessee's damage hereunder, Lessor agrees to
make every reasonable effort to secure subsequent tenants, at a renal equal to the than prevailing
local rate for the demised promises.
ARTICLE XV -ATTORNEY'S FEES
The Lessee shad pay to the Lessor areasomble attomay fee in the event the Lesmr employs an
atmrmy to collect my rents due hereunder and secures ajudgmut in connection with collection
of said rear, or legal process is levied upon the interest of the Lessee in this Losse or m said
pramma, or iu theevent Lessee victims any of the teams, conditions or covenants on the pan of
06-192
the Lessee herein contained, provided that Lessee falls to promptly connect the violation of any
horn, condition or covenant after receipt of notice that it is in violation thereof.
In the event Lessor employs its Canty Solicitor or an assistant solicitor to collect rents or atherwise
protect Lessor's interests under this Lease, reasonable ago meys fees under this Article shall
mean the reasonable cost of services provided by Lessoes Solicitor or assistant solicitor.
ARTICLE XVI- ASSIGbIhffiNT, SALE AND "LE=G
The Leasee shall not a my time assign, sell, omvey or transfer this Lease Or MY interest therein,
r sublease or sublet or rent the promises, or my part thereof, without the prior written torment of
the Lessor which consent shall not be unreasonably withheld, delayed, or conditioned In the
event of an approved sublease all provisions shall extend to, bind and inure to the benefit of not
only the Uwr and Lessee but also their successors and assigns.
Lessee shall have the right to assign this Lease to any corpoation with which its may have
become merged, consolidated aotherwise associated, or any corporation or holding company
having the controlling inlerea[ in the Lessee, roto my corporation which may be a subsidiary of
the Lessee. Irmo event, however, shah the Lessee named herein be relieved fiom any obligation
undertlus Lease byvirtue ofanyassigmnent m subletting.
ARTICLE W[I-FINANCING
Lessor is cognizent of the need of Lessee to finance the concoction of buildings, structures and
improvements on the da deed prenases, sndi to subserluently, borrow upon the value of the
demised premises, and therefore specifically agrees to permit the Lessee to mortgage,
conditionally assign or transfer its leasehold interest in the demised premises for the purpose of
obtaining conatruccon and permanent loan financing for the said buildings, structures, and
hapmvernento and far the purpose of otherwise securing borrowed funds, provided:
(I) the tam of such mortgage, conditional assigmnent or transfer shall not exceed the raid term
hereof;
(2) Lessee shall give notice of the existence of such mortgage, conditional assigmnent or
transf ,together with the naive and address of the mortgagee, assignee or transferee and a copy
of the mortgage, asegwent orl at" document;
(3) drat in the event of foreclosure, and in the event that the owner of the Lessee's interest
pursuant to such f closure, sand mortgagee, conditional assignee or transferee shall have the
right to take possession and shall become the legal owner and holder of the lease -hold estate
created hereunder and shall hold such estate upon the same terms and conditions as held by
Lessee from which such mortgagee, conditional assignee or transferee aNuired possession, but
in such event said mortgagee, conditional assignee or transferee shall be liable under the terms
and conditions hereof during the period of how in which said mortgagee, assignee or transferee
holds such estate, and for my defaults under the terms or conditions hereof which arose before
said estsite become vested in said mortgagee conditional assignee or transferee. provided,-
W-192
however, ttat such mortgagee, conditional mangaee or haceferee shall not be Gable for default(s)
of the Lasses uming prior to foreclosure,mless Lessor provided written notice of such
default(s) to the mortgagee, conditional assignee or transferee before the effective date of the
foreclosure action,
(4) that the existence of such mortgage, conditional assignment or transfer, or any foreclosure by
mortgagee shall not relieve the Lessee from any liability or responsibility of the obligations on
its part to be performed.
ARTICLE WIII- AOTHORffY TO ENTER INTO AGREEMENT
The Lessor hereby represents and warrants that it has taken all neowsary procMo*al and legal
steps as required by federal, state and local laws and regulations far the purpose of authorizing
the aecution of this agreement and Nat aecution of this agreement by the City Manage
in all of its teras and conditions by the Leasee.
Lessee hereby represents and warrants that it has taken all necessary procedural and legal steps
as regained order all state, local and fxieml laws and regulations, and At necessary corporate
action m authorize the execution of this agreement by its undersigned corponne officers and that
upon such execution this agreement is a valid and binding comment on the part of the Lessee
and is fully enforceable in all of its teras and conditions by the City of Bangor.
ARTICLE XIX - WAIVER
Failure on the part of the Lessen to complain of any action m von -action on the part of the Lessee
no matter how long the same may continue, shall never be deemed in be a waiver by the Lessor
ofanyof Lessor'srightshervamor. Fmther,itiscovenantedandagreed Natnowaveratmy
time ofanyofthe provisions hereofby Lessor, shag be construed as a waiver of anyoNa
provisions hereunder, and that a waiver at my time of my of the provisions hereof shall not be
mnstraaiatmysubsequmtt ewawaverofthesamepmvisions. TheapprovalofLesmror
ofanya onby Ne Lesseerequiringthe Erin?sconsentmapprovalshallnotbedeemedw
waive or reads mmwessary the Lessor's const or. approval of any subsequen similar act by
the Lessee.
ARTICLE RX NOTICES
Notices to the Lessen provided for in this Lease shall be sufficient if sent by registered or
certified mail, remnn receipt requested, postage prepaid to: City Manager, City of Bangor, City
Hall, 73 Harlow Street Burgon, Maine, 06401 and notices to Lessee, are to be seat by regislened
or certified mail, return receipt requested, postage prepaid, to
Bangor, Manic 04401, or to such other respective addressed as the patties may designate to each
other in writing from time to time.
ARTICLE XXI-INVALIDITY OF PARTTCOLARPROVISIONS
If any tam or provisions of this Lease or the applicationlbersofto anypereon m chcumatances
is hereafter determined to be to any extent, invalid or Wevforceable, the remainder of this Lease
in the applicatim of such tams and provisions to persons m CirCiandances other think those to
which it is held invalid or unenforceable shall not be affected hereby mW such term and
provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law.
ARTICLE XXE - CONSTRUCTION
The headings animating in the Lease are inteodN for wmertimce and reference only, and not to
be considered in reasoning this Lease.
«n • a• n• • • • v � a
Nothing commosal herein shat] be deemd or construed as mating the relationship ofprincipal
and agent or ofparmership or ofjolnt venture between the parties hereto, it being understand and
agreed that neither the method of computation of rent nor my other provision contained herein or
my acts of the parties hereto shall be demd to create any relationship between the parties other
than the relationship of landlord and tenant.
ARTICLE XXIV - GOVERNING LAW
This Lease shall be governed exclusively by the provisions hereof and by the laws of the State
of Maine as the some may fiom time to time exist.
ARTTCLE XXV -MEMORANDUM OF LEASE
Upm executlm of this Lease, the parties may, upon request of either, pmpare and execute a
Manorandum of Lease in a form suitable for recording at the Penobscot Maine Registry of
Deeds, as evidence of Lessee's interest in the premises maimed herein.
ARTICLE XXVI-AMENDMENT TO LEASE
This lease contains all the tams and conditions between the parties hereto and W alienation,
amendment or addition hereto shall be valid unless in writing and signed by both parties hereto.
BJ WITNESS WHEREOF, the parms hereto have act than hands and seals the day and year
written above.
CITY OF BANGOR
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A certain lot or parcel of land shaated within Bangor Mall Boulevard in the City of
Bangor, Comity ofPeaobscot. State of Maine and bang more particularly desc bed as
follows:
Beginning at a found rebar situated on the southerly sideline of said Bangor Mall
Boulevard, as point is former described as being the common comaticimeen Iota 16A
and 18 as shown on a Revised Subdivision Plan of Bangor Mall, dated September 22,
1989 by PLISGA & DAY, L Surveyors, and ru mmed in the Penobscot Registry of
Thence ruining ul a nonbeastedy direction by and along the southeasterly sideline of
said Bangor Mall Boulevard following a 550.0 foot radius curve to the rigbl, an arc
distance of 168.98 feet to a point on said sideline;
ThenceN 26° 02' 13" W, a distance of I0.0 to apoint;
Thence mining m a southwesterly chromium following a 560.0 foot radius curve to the
leB, an arc distance of 170.60 feet to a point,
Thence S 350 22' 32" E, a distance of 10.1 feet, more or less, to the point of beginning.
EXHIBIT
LEGALDESCRIPTION
]0 FOOT WIDE STRIP
BANGORMALLBLV .
BANGOR, MAINE
A certain lot or parcel of land shaated within Bangor Mall Boulevard in the City of
Bangor, Comity ofPeaobscot. State of Maine and bang more particularly desc bed as
follows:
Beginning at a found rebar situated on the southerly sideline of said Bangor Mall
Boulevard, as point is former described as being the common comaticimeen Iota 16A
and 18 as shown on a Revised Subdivision Plan of Bangor Mall, dated September 22,
1989 by PLISGA & DAY, L Surveyors, and ru mmed in the Penobscot Registry of
Thence ruining ul a nonbeastedy direction by and along the southeasterly sideline of
said Bangor Mall Boulevard following a 550.0 foot radius curve to the rigbl, an arc
distance of 168.98 feet to a point on said sideline;
ThenceN 26° 02' 13" W, a distance of I0.0 to apoint;
Thence mining m a southwesterly chromium following a 560.0 foot radius curve to the
leB, an arc distance of 170.60 feet to a point,
Thence S 350 22' 32" E, a distance of 10.1 feet, more or less, to the point of beginning.