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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 c ¢®g p 04-192 r'. O HOBH (TRLE) Aathoriaisg grecutioa of xae.a Kth Yaover associates ( Acelgned lOC�WnCibfv �' vV 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. 06-192 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. W-192 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. - 04-192 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 ��'F)Qaluoo=olp /✓w, fi ra-9l-xw �o:tua raa�s4rvn rt�am aauaa T 1 o 90Wli Nm 04-192 lwciry Ma w ¢ OVFAAIIOCUM r Wma / Nmr. rm<: 10 M-192 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.