HomeMy WebLinkAbout2005-08-08 05-273 ORDERAMON ne_273
Item No.
Date: Auaunt8.2005
Item/Subject: ORDER, Authorizing Execution of Leese Agreement and Purchase Option
Agreement—Hallowell International, LLC —110 HildreN Street
Responsible Department: Community and Economic Development
Commentary:
This Order would approve a lease agreement with Hallowell International, LLC, whereby the City would
lease space in its 110 Hildreth St. property to Hallowell International for the purpose of manufacturing,
assembling and dis0ibuting cold weather heat pumps, a highly efficient method of providing heating and
curling to homes and business. The technology used by Hallowell makes its heat pump capable of
achieving the efficiency and capacity needed a low temperatures experienced in colder regions.
Hallowell projects to employ 31 persons at the end of the first yew of production, 280 m the end of the
second year, and in excess of 400 m full production at the end of the third year.
Department Head
Recommend approval. 79
dIL" //
J UI I CChat Meana -ger
Associated Information:
Budget Approval:
Finance Director
X Passage
_ First Reading Page _ of _
Better
05-273
(dW U BY SUBSTITUTION
AssignedM Cwwcilor Allen August 8. 2005
CITY OF BANGOR
(TIRE.) Order, Auffich hrg Execution of Lease Agreement and Purchase Option
lq cemwt—Hollowell Nternatlonal, LLC -110 FEldreth Street
By the G(y Cousin of the Qty of Bangor.
ORDERED, THAT
WHEREAS, Me Cityp hoer to mor into an fvdeoNre ofLeace wiW Hallowell Immos ii l.LC vimh proll
to we the progeny, at 110 HJtlreW Street for 0e purpott ofmanufacmin& asavMling and laughing cold worther
hem pump: and
WHEREAS, Hallowell lnMn tml. LLC will provide subslaotim new turnaround opportunities fw armMoidmh;
NOW, THEREFORE, BE R ORDERED BY THE MY COU RAL OF THE CRY OF BANGOR, THAT, Me
City Maoeguis hereby audoinael to ordermo M Bradstreet ofLeave leasing 110 Hildre@ Street 0 Hallowell
InbmatiotW, LLC, substantially under Me mllowwg t ate eonditins, mW w a pool Poen around by the City
Solicitor w Aasimant city, Solicitor.
Locatlon: 110 HBErelh St, Bangor, Maine
pmmleea (sq, h.): August 9, M05 though April 30.2008:
Fite flaw Office, 2,178 sq. ff.
Office Matadors 2,178 sq. R.
5,000 sq. ft. MammoMring I Warehouse Area
May 1, 2008 through Apd130,2007:
First floor OBke, 2,178 sq. fl.
O1Bca MeessanFe 2,178 sq. R
10.0001 ft. Manufactudrg I Warehouse Aran
May 1, 2007 through April 30,2008
First Mor Now, 2,178 sq. ft
OMetR8eq.ft
19..0000 0 sq, fl., ManuanufaIXurlrg! Warehouse Area
May 1, 2008 though Arm N, M12:
Entre building
Additional Space: Upon W days advance twice tothe City. Hallmvell International, LLC, hoer
August 9, M05 through Apil W, 2008, may Increase the spars ft conmias In Me
building at the lease rare of $3.00 per square foot M space occupied.
Lease Rate. August 9, 2005 through Apel 30.M08:$300 per square foot of spats occupied
by Ha9ovrell International, LLC, not to exceed $18,000, payable on a monthly
WI
May 1, 2008 through Apel N. 2007: $300 pw square fool of space occupied by
Halbxell International, LLC, not to exceed $30,000, payable on a monthly basis.
05-2]3
May 1, 2007 through Apnt 3Q 2008: $8.00 per square foot of space ocoupled by
Hallowell Intematbrel, LLC, not to exceed 352,000, payable on a monthly basis.
May 1. MOB Mrcugh April 30, 012:$130,000 annually, payable on a baby
basis.
Term: August 9, 2105 through April 30, 2012, with annual options for Me C"
dominate the lease Nmdaln agreed on employment thresholds on Me premises
are not reached and maintahred by Hallowell Intematlanal, LLC,
Lease Conditions: During Me term of Me ends, Hollowell Malawtlanal, LLC maintains cabin
agreed on employment levels m properly or in Bangor as follows:
August9,2005tmugh ApAt30,200G: Minimum4employres
May 1, 2008 through April 30, 2007: Minimum 20 employses
May 1, 2007 Mmgh Alan 30, 2008: Minimum 50 employees
May 1, 2008 Mough and of lam period Minimum of 100 employees.
It The allows employmentlevels are to be measured at Me end of the
time period.
Occupancy Costs:
Telephone: 100% responsibility of Hallowell Immortanal, LLC throughout term.
Electddty: If all electricity on Me property Is consumed by Hallowell
Inlematlonal, LLC, Men Hollowell Intdnatbnal, LLC would have 100%
responsibility. If net. Me electriuty coal would be based pro rate an the
percentage of rokl building mace oocupled by Hallowell International, LLC
through April 30,2008. From May 1, 2000 and thereafter Hallowell International.
LLC would have 100% responsibility.
Fuel 011: A pro rata amount of Me heating costs based on Me pencentage of road
building space occupied by Hallowell International, LLC through April 30, 2008,
From May t, 2008 and thereafter Hallowel Inlematmnal, LLC will have 100%
responslMlity.
Water & &ewer Fees: As long as Hallowell International, LLC remains Me sole
aw,pant of the property, the fees Wit be the 100% responsibility of HaWwell
Intamatbrel, LLC. 0Helwise Mewalerand sawmuserf erwill be based pro mm
on the percentage altobl building space occupled by Hallowell international, LLC
through April 30. 2008. From May 1, 2008 and thereafter Hallowell lntemational,
LLC will have 10% responsibility.
Grounds Landscaping & Smwplowing: As long as Hallowell International,
LLC remains Me sok occupant of the property, Me grounds landscepimg and
sn wsplpwtig costa will bB Me 100%responsibilb M Hallowell International, LLC.
Otherabs the grounds Iarboaping and snowplowing cosH will be based pro rate
on this percmkge of total building space cavpiecl by Hallowell International, LLC
through Apr1134MOB. From May 1, 2008 and Hereafter Hallowell International,
LLC will have 100% responsibility
Insurance: Hallowell lnkmes on d, LLC will provide comprehensive public and
property, damage liability Insurance to limb of $400,000 par each ocuunence.
As of May 1, 2008 Hallowell Inkmalional, LLC will provide comprehensive Fire
Damage (Hazard Insurance)to a limit 0$1p00.000 each occurrence.
05-2)3
Taxes -Real Est : Beginning am my real estate was due Me City after July
1, 2008 for occupancy and use of Me space leased by Hallowell International,
LLC, Hallowell International, LLC will be responsible for real estate taxes
assessed by to City of Bangor on the space occupw by Hallowell treatments,
LLC. Any real estate tares assessed M Hallowell Intemational, LLC and due Me
City prior to Juy i, 2008 far its use and Occupancy INihe property w1l be Me
respcnsibllXy of Me City of Bangor. Slwuld Hallowell Inte"Noro d LLC fuly
xupy the buiMitq prior to Pynl t, 20%. Hallowell Impassioned, LLC will be
responsible for real estate taxes assessed by Me City of Bangor on to apace
occupied by Hallowell International. LLC due July i, 2006 and thereafter.
Taxes- Personal Preperry: Hallowell International, LLC will be responsible for
personal property taxes assessed by the City on machinery and equipment
owned! by Hallowell Intenummal, LLC and located an Me property.
Use:
The premises will be used In a businesslike, clean and safe manner for Me
manufacture of a co1E weather heat pump and related products and for no error
purposes wall Me consent of Me City of Bangor.
Maintenance:
Hallowell International, LLC will be responsible for all ordinary and reufine
maintenance of to folbwhg: all ilxmres, Including electrical, heating and
plumbing fuWre. door. windows, floor coverings, callings, walls, and interior
paint surfaces. The Tenant will alae be responsible for cleaning,snowplowing,
rubbish removal, parking areas and Mounds landscaping.
The City of Bangor will be responsibb for all ordinary and boards maintenance of
the following: Me bulli major structural components: roof, structural walls,
foundatlon, spending systems, Including heatlng, plumbing, vermation and
electrical systems exmpt electrical, heating ant plumbing fsdures, and exterior
palMsudacea.
Other:
During Me term of the know, Me City of Bangor shall have the right to lease Mose
areas of the property net leased by Hallowed Internmonel, LLC to oters for uses
compatible W. and not dlamptive to, the use ofMe areas leased by Hallowell
International LLC.
Evidence, satisfactory to the Cly Solktior, on or before December 30, 2005, of
equity finandng / Investment owned for the project of not less Man $1.5 million.
Purchase Option:
Hallowed Informational, LLC will have an option M purchase the morpedythi
To term of the lease at Mir marked teles so long as Hallowell IMemetianal, LLC
us in compliance with Me terms of dee lease.
Mug1,M6#uWgh AprJ30,2007: $300 peraquerelaot of space ocmpietl by
Hallowell Intemalpnal LLC, not b exceed $W,M, payahe on a monthly basis.
May 1, 2007 through Andy 30. 2008: V,00 per square had of space occupied by
Hallowell madmmonal LLC, not to exceed $52,000, peyede on a modMy boars.
May 1, 2008 through April 30, 2012: $130,000 amualty, payable m a moMhty
basis.
Tarlo August 9, 2005 through Add 3o, 2012. with annual options fw Me City to
terminate the lease it oerturl agreed on employmed thresholds on Me premkes
are not reached and maintained by Hallowell Intemadorel I.I.C.
Lege Conditions: During Me term of Melease Hallowell Intemetionsl LLC maintains semen
agreed on employment smile on propertyw in Bangor as follows:
August9,2%5Mrough Apri13o,2000:
Minimumwempbyeas
May 1. 2006 through April 30,2007:
Minimum 20 employees
May 1, 2007 though Apdn, 2000:
Minimum 50 employees
May 1, 2008 thaugh and of one period:
Minimum of 100 employees.
Hole The seems employment levels are to be measured at Me end of the
umepeXod.
Occupancy Corona:
Telephone: 100% responsibility of Hallowell Intemadorel LLC throughout term.
Electricity: If all elecmdty, on Me property, h consumed! by Hallowell Inlemational
LLC, Men Hallowell International LLC would have 100% responsibility. If not, Me
seal ioty mat and W based pro moa on the percentage 0told Wilding space
occupied by Hallowell International LLC Mmugh Amil W, 2008. From May t,
2008 and Mereaher Hallowell Intemsilonal LLC would have 100%responsibility.
Fuel CII: A pro rata amount of Me hating mate based on the percentage of Wal
building space occupied by Hallowell limmatMal LLC through April 30, 2008.
From May 1. 2008 and thereafter Hallowell International LLC will have 100%
raporw�tiry.
Water$ Sewer Fees: As long as Hallowell International LLC remains Meade
occupant dihe property, Me fees wul be Me 100% responsibility of Hellawall
Intamsuonal LLC. OheWse Mewaterandseweruserf WilWbasedpmrete
on Me pwwntege dtood Wilding space omupied by Halbwdl intensional LLC
through AMW 30,2008. From May 1, 2008 and thereafter Hallowell lntemadonel
LLC and have 100% responsibiMy,
Grounds Lwndsmping & Snowplowing: As Iwg as Hallowell International LLC
headed; Me ads occupant of Me property, the grounds IeMsraping and
snowptowing cosh will be Me 100% responsibility of Hallowbi international LLC.
Otherawas Me grounds landscapng and snowgmnry cosh will be based pro rete
on Me Porcentele of total building space occupied by Hallowell Intema0onal LLC
through April W, 2008, From May 1, 2008 and thereafter Hallowell International
LLC will nave 100%responabllity
Insurance. Hallowell International LLC will provide comprehensive Winicand
promrty damage uatility, Insurance b limits of $100,000 per each occurrence.
As of May 1, 2008 Ihllowell himmatbnal LLC will provide comprehensive Fire
Damage (Hazard Insurance) to a limit of $1,400,000 each ocmuence.
05-373
Taxes -Ram Eabb: Beginning with arty real estaM taxes sue Me City aftw JUN
1, 2009 fwoccumincy and use ofthe space Massa by Hallowell International
LLC, Milowen International LLC WII De responsible for rsal "bb lox"
assess" by MB City of Bangor on ere space occupies by Hallowell Inlematimal
LLC. AN Mal estate tax" Meadows p Hallowell International LLC end due the
City prior to July 1, 2008 for its use and occupancy of Me properly will ce Me
responsibilllyofthe Cllyof Bangor. Should Hallowell International LLCfuIty
oceupy the building prior to pnl t,2008, Hallowell International LLC will this
responsible for reel estate tees assessed by has City of Bangor on the space
occupied by Hallowell International LLC due July 1, 2006 and thereafter.
Tax" -Personal Property: Hallowell lnternatlonal LLC will the responsible he
personal property Marks depressed by th City on machireay and equipment
owned by Hallowell International LLC and prated on the prop".
Use:
The premses will be used in a businesslike, clean and safe manner for Ma
manufacture of a mid wamher hem pump and retired products and for n0 other
purposes without Me consent of Me City of Bangor
MahHarence:
Hallowell International LLC will her responsti for all ordinary, and routine
maintenance of Me Allowing: all fixtures, inducting electrical and plumbing
Ntluree, seems, windows ,A"coverings. mingle. walls, and interior paint
surfaces. The Tenant will also be responsible pr cleaning, snowplowing, rubbish
removaf parkins areas and grounds landscaping.
Ther City of Bangor will be restearable for all aNMary and routine maintenance of
the fdlowing, Me buidirgk major structural componens: roof, structural walls,
foundation, opersMg systems, including herring, Numbing, ventllmian and
elyess 1systemsexcept eledrtal and plumbing prlur", and exleor paint
sudac".
Other
During Me one of Me Mase. Me City of Bangor shall have the night to lease those
areas of Me property not leased by Hallowell Internammit LLC to others for us"
comparable to, and not dismpM1VB to Me use of Be areas leased! by Hallowell
Idamatianal LLC.
Evidence, salisfadary to Be City Solichhu, of equity promising l Investrentoapital
forthe project of not less Man $1.5 million.
Purchase Option:
Hallowell lntemational LLC will have an option to purchase, the property swung tie
term of Me lease at Mir market value so long as Hallowell International LLC M In
omnpliance with the terms of gra lease
05-273
Assigned tO Councilor pllev August 8. 2005
. ;
CITY OF BANGOR
(TTTLE.)Order, Authorivng Execution of Lease Agreement and Purohsu Option
Agreement — Hallowell Ntemo6onal, LLC -110 HUdreth Street
By Use aty Coundl W Nie Ory oftangos.
ORDERED, THAT
WHEREAS, Me CitypirWsas In owner intern Ind sure ofIlene wish HelJowell International, LLC which propxee
be weft prepmy a 110 Hi1Mrfi Sews for Ne puowas ofman owermin& aaeemblmB and diributeg
sold weather hear romps: and
WHERAS, Heilowen hUanetiorel, IYC will provide submarine aero employment opporrvnien kr area soldier;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT, the
CM Manager is Mreby auNnved to war meow lonesome of Lease kuing 110 H Mists Save W Hallowell
intemnional,LLC, suMlarlUlly under Ne following amu and wnditims, and wch amu ael Wool Mer
subsequWly may be appmwd by Me Business and Economic PorobpmW Comments, and in afinal foam
approved by Me City Solicitor or Assures City Solicitor.
Located: 110 HIIdreM St., Bangor, Maine
Rremeaa(ep. R): August 9, 2005 through ANN 30. 2008:
First Nov OB&e, 2,178 eq. R
OMce Mezzanice 2,178 ". B.
5,000 aq. R. Manufacturing I Warehouse Area
May 1, 2008 Tmugh April 30, 20D7:
Firer Boor OFim, 2,178 ". It
Office Mezzanine 2,176 so, fl.
10,000 ul. B. Manufacturing / Warehouse Area
May 1. MIT through April 30, 2008
Find floor Office, 2,178 a q. fl.
Olfre Mezzanine 2,178 se. It.
19,000 ", fl. Manufacturms; I Wembouse Area
May 1, 2008 thouM April 3o, 2012:
Entre budding
Addhenal Space: Upon 00 days advance notice to He City, Hallowep International LLQ tram
Auguaz 9, 2005 through April W, 2008, may increau Me apace it occupies in the
buildiig 9 M beau rah of $3 00 per spume foot of apace occupied.
L.ene ftw August 9, 2005 through April 30,2008: MOO per square Nov of space occupied
by Hallowell International LLC, son to aimed $18,00r), payable on a monthly
were
IN cin COOXCiI.
August 9. zoos
notion ease and setomed
for Passage
Motion Xade and seconded to
Amevd by Substitution
Amendment Posses
Notion Made and seconded
for Passage ae Amended
Passed
u uszn
R MSUIyg
fl�Plg� Authotiaf -gaecdtiou of mesa:
Agreement. t -
WIOWMII Interntioval . Id cn- 110�n
Nil tet street
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