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HomeMy WebLinkAbout2005-06-13 05-217 ORDER------COUNCIL Item No 0i Date: lune 13. 2005 Item/Subject ORDER, Authorizing to Cl Manager to Execute an "Agreement and Consent of Landlord to Assignment of tease, Leasehold and Fee Mortgage, Conditlonal of Assignment of Lease (Tenant's Interest) and to Collateral Assignment of Leases and Rents" Responsible Department Community & Economic Development Issue Jerry D. Conn requests the City of Bangor's consent to the assignment of the lease for Lot 9 in the BIA Commercial l Industrial Park, 361 Griffin Rd. to QV Realty Trust. Background Jerry D. Conn is selling a building at 361 Griffin Rd. to QV Ready Trust The lease agreement between the City of Bangor and Mr. Conn for Lot 9 requires the consent of the City of Bangor to the assignment. The term of the lease continues to July 2006 with three (3) options of ten (10) yeas each to extend the Ieaseto2036. The rent is $1,576.63 per month trough 2006. The Business and Economic Development Committee requested more imomlalion on QV Realty Trusts intended use of the builtling. The buyer intlicales that they intend to operate an "automotive sales and services agency' as stipulated in the lease agreement and that their immediate plans are to sell pre- owned trucks and that they would look for a new dealership. Recommendation The Business and Economic Development Committee recommended approval of to consent to to assignment of the lease. Stall recommends approval of the consent to the assignment of the lease. Department Head Managers Comments: Ciry Manager Associated Itlform rtion: Finance Director i passage _ First Reading Page _ of _ Referral 0s -2v - Assigrrd to Councilor Stone Jose 13, 2005 CITY OF BANGOR (TITLE.) Order, Authoming the City Manager to Execute an "Agreement and Consent of Landlord to Assignment of Lease, Leasehold and Fee Mortgage, COMibunal of Assignment of Lease (Tenant's Interest) and to Collateral Assignment of Leases and Rents." WHEREAS, the City of Bangor is the owner of certain real estate located at or near 361 Gnffin Road in Bangor, Maine (the "Premiss"); and WHEREAS, the City of Bangor leased the Premises to Beacon Cadillac Oldsmobile &Jeep ("Beacon") under its former name of Beacon Motor Company, pursuant to the terms of an Indenture of Lease dated July 28, 1976, as such Indenture of Lease may have been amended from tlme to time (the Indenture of Lease as so amended Is hereinafter referred to as the "Lease"); and WHEREAS, the Lease was assigned by Beacon to Jerry D. Conn (-Mr. Conn") and in tum subleased by Mr. Conn to Hogan Road Motors with the acknowledgment and consent of the City of Bangor; and WHEREAS, Mr. Conn proposes to assign the Lease to QV Realty Tnnt and to sell the improvements located on the Premiss to QV Realty Trost; and WHEREAS, in connection with the contemplated assignment and sale to QV Realty Trust, Mr. Conn has required QV Realty Tent to grant to Mr. Conn a leasehold and fee mortgage on the Premises and the improvements thereon, a conditional assignment of the Tenants interest in the lease, and a collateral assignment of lasses; and rents, with the right of rerassignment and any extensions and renewals thereof; NOW, THEREFORE, BE IT ORDERED BY THE CITY COONM OF THE CITY OF BANGOR THAT, Me City Manager Is hereby authorized and directed, on behalf of the City of Bangor, M execute an "Agreement and Consent of Landlord M Assignment of Lease, Leasehold and Fee Mortgage, Conditional Assignmrent of Lease (Tenant's Interest), and Collateral Assignment of Leases and Rents" with respect to the Premises ("Agreement and Consent of Landlord"), which Agreement and Consent of Landlord will include an acknowledgment of notice and consent and agreement to the following in a form approved by the Oty Solknor or Assistant City SolidMr: 1. An assignment of all of the Lessee's interest in the Lease by Mr. Conn to QV Realty Trust. 2. A leasehold and fee mortgage on the Premises by QV Realty Trust to Mr. Conn. 3. A conditional assignment of the Lease C ora nt's Interest) to Mr. Conn by QV Realty Trust. Ol 4. A collateral assignment of the leases and rents by QV Realty Trust to Mr. Minn. 5. Any assignment orreassignment and any extensions or renewals, within the tams and conditions of the Lease and any subleases, which Mr. Cann may elect to make at some future data, of his rights as leasehold mortgagee of the Premises, as the conditional assignee of the tenants Interest in the Lease, and as assignee of the collateral assignment of any subleases. 6. The Leasehold and P Mortgage, the Conditional Assignment of Lease (Tenants Interest), the Collateral Assignment of Leases and Rents, and the obligations secured thereby shall be deemed to be "for the purpose of obtaining construction and permanent can financing far the said buildings, structures and improvements" as such phrase is used in Article V of, and elsewhere in, the Lease, whether or not such obligations actually arise from or are related to such purposes, and that Mr. Conn shall have the rights granted or permitted to be granted to a holder of a mortgage, assignment or transfer of the leasehold interest granted in the Lease for the purpose of obtaining such financing. IB CI10 dune 133 2005. 2005 Hotiuv Node avd Secovded for P elate Pas l I ITY CL@[ C 05-2U D HDEH �TITIp Av[horfzi g the City Nemger is iecatiYe m '�AVee nt and C eat of Lmdlord to "Sig nt of Leen, Leasehold ; evd Yee Nortvge. Cw ltiunal of AsSi t, Of Lewes (Tenant's Interest) and to Collateral yslg t of Lames and Herta' i