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HomeMy WebLinkAbout2004-09-13 04-281 ORDERItem No. 04-281 Date: September 13. 2004 Item/Subject ORDER, Authorizing the City Manager to Execute a Lease with UnitedKingfield Bank Responsible Department: Legal Commentary: In 1993 the City conveyed two parcels of land m the predecessor th UnitedKingfield Bank to develop. The deed to the smaller parcel contained a provlslon that If It was not developed within a certain period of time It would revert to the City. It has not been developed within the required time. The parcel has been used as a parking lot. UnitedKingfield Bank would like to lease the parcel W continue to use it as a parking lot with the option to acquire It to develop as originally agreed. The lease will be for ten years with either parry having a right to terminate it for any reason on six months notice. UnitedKingfield will pay to the City lease payments of $1,000 per month for the first five years and $1,100 for the final five years. UnitedKingfield will pay property taxes on Me parcel. UniWKmgfield will retain the night to develop the parcel as provided In the original conveyance and will have the right of first refusal should the CM re xsve an offer on the parcel Deparoment Head Manager's Comments: -74D &Zt11042 J%�-/���a.a-f..��, M&4lw OV- 6 LaF4.�9u City Manager Assc ciatecl Information: City Solicitor Passage _ First Reading Page -I- of _ Referral X131 Assigned us Councilor Greene Septenber 13. 2006 F .o CITY OF BANGOR (MILE.) ORDER, Authonzing the City Manager N Execute a Lease wMh UnitedMixifleld Bank WHEREAS, In 1993 the City of Bangor conveyed to the predecessor W UnitedKingflatl Bank tun parcels of land on Exchanbge Street for development; and WHEREAS, the deW of conveyance on Ne smaller parcel provided that if UnftedKingfield Bank did not develop the parcel It would revert to the City, and WHEREAS, UnitedKingfield Bank has not desebped the parrd within the spoof 1 thee, using R for parking instead; and WHEREAS, UnitedKingf Id Bank would tike to confine W use mid farce' for parking with the option W develop the panel. MOW, THEREFORE, by the Cay Coural of the Oty of danger, be it OROEREO, THAT the City Manager, on behalf of the Oty of Bangor, is hereby authorizetl and directed to execute a Lease Lphveen the City of Bangor and Uni0.NKingfleld Bank, a copy W vouch Is attached hereto. IM CITY COUNCIL Septeoher 13. 3004 Motion Made and Seconded for Passage PaABed CI CLQ N 04-381 0&DM& ITITLEJ Authorizing the city M ager to cute a ucase Aeelgnedto Councilor ( 2SM LEASE 1. Parties. 0w 281 This indentua of lease is dated September 20, 2004. It is made by and between the City of Burger, a municipal corporation in Penobscot County, Maine, hereinafter called Ne Landlord, and UnitedKingreld Bank, a Maine coria ation with a place of business in Bangor, Maine, hereinafter called fine Tenant. 2. Premises. Upon the tams and conditions of this lease, the Landlord demises and leases to the Tenant, and the Tenant takes and leases from the] dlord, the land in Bangor, Penobscot County, Maine, hounded and described as follows: Beginning at a#6 rebar set onthe northerly line ofHmcmk St three Intuited thirteen and fifty seven hundredths (313.57) feet east ofthe easterly lice of Exchange St.; thence N 18" 04' 30" W one hundred twenty-five and one hundredth (125.01) Red to a 0 rebar; thence N 710 37' 28" E one hundred seven and nbuty-two hundredths (107.92) laden a#6 xebarsetivthewesterly liveofOak St;Iaswe S 18" 25' 31"Ebymd alongthewwtddylineofOak St. onehundred. troee(103) feetto a #6 rebar set at the beginning of cirmdar curve to the right with a radius ofManty- two (22) feet thence southwesterly by and along said emve to the right thirty-four and fiflyeight hundredths (34.58) feet to a 1"non pin; thence S 71° 37' 28" W by and along the northerly line ofHancock Street eighty-six and sixty-sevenhundredNs (86.67) feet to thepointofbeginnwg; eontainivg 13,432 square fee. The foregoing described lot is onented to the grid system of the Maine State Coordinate Systern Bast Zone (NAJ). 1927), and is a portion of the lot described in a deed fionn the Urban Renewal Anthony, of the City of Senior dated September 24, 1977, and recorded in the Penobscot Coudy Registry of Deeds in Book 2802, Page 113. Said lot is fardur depicted w Parcel B11 -C on a plan dated January 11, 1993, entitled "Standard Boundary Survey -Disposition Plan for Parcel B -11-C" preparedbyJames H. Greer, P.L.S. #1129, on file at the Bangor City Engineer's office as Plan No.4 277. The foregoing described lot is hereinafter referred to as the demisedpremises. 3. Term. The term of tbis lease is for ten yeses commriting on April 1, 2004; however, either the Landlord or the Temnt may terminate this lease at my time by giving written notice thereof to the —1— o4—zal other party a lean six months in advance. 4. Use. ]fie Tenarn shill use the demised premises as aparking lot in mmrecton with its usual and customary general business office purposes. TTie Tenarrt's use ofthedervised premises shall&alt times comply with all applicable govemmenhal staNks, ordinances, and regulations. 5. Rental. - Therentha the demised premiaes shall be $1,000.00 per morob for the fnst five years ofthe lease I, ren dshallbe$I,100permonthforthesew fiveyearsofthelmsetenn. Rerashallbe payable to advance on die fust day of each and every month dieing the term hereof, except that the rent for any partial months shall he luorated on a per diem basis. Payment shell be sent m the Department of Community and Economic Development, 73 Hollow Street, Bangor, lvfaine 044401. 6. Taxes. The T="+m shall pay my and all real and personal property hares drat may be imposed upon the Tmmt's property located at the demised premises. 7. Utilities. Tfie permit shall pay f my and all utility services provided to the demised premises. 8. Maintenance. T1re Tenmt shall maintain the demised promises N a good and safe condition at all tunes during the term of Us lease, which obligation includes, but is not limited to, snow plowing. The Tenant shall yield up the demised premises to the landlord m the expiration or ember termination of this lease to good order and repair, in the same condition in which they were originally constrocred or substtluently remodeled, as provided in this lease, reasonable ween and tem only accepted. No smncmral or non-structural alterations shall be made without the prior within consent of the landlord, which consent shall not be unreasonably conditional, withheld, or delayed. AMY t,and equipmem installed Won the demised premises sin di remain the personal property adtd rise ere Tenant may, albe Tenant's option, be removed mthe end of the term of this lease, provi repans any damage caused thereby. —2— 06-281 9. Iusurauee. The Tenant agrees W keep and save thelaMlord harmless and indemnified agates[ all claims mis ng from damage W or destruction of the Tenant's Personal property occurring on or about the demised premises. The Lrdlmd shall not he liable for any lass, injury, death, or damage to persons or property sustained by the Tenant or by any person upon the dwised premises, and the Tenant shall indemnify the Landh ad against all claims, liability, loss, or damage on aecowt throng uuless caused by the fault ofthe Landlord, the Landlord's agents, m employers. The Tenant shall maintain throughout the term of this lease a public liability insurance policy naming the landlord and the Tenant as insureds, in form and sonount reasonably acceptable W the Landlord, and shell provide certificates on other proof of such insurance when requested by the Landlord. The hereb1 worms ary andoll' ipy it xDaY have der the Maine Workers CorminagaEoseconds ou A nand h 1' mad cted by [he Lessee saeents, comovsrs The micmriigmation provided under this paragraph shell wend to and include any and all costs incurred by the City of Bmgm to arswer, investigate, defend and settle all such claims, including but not limited to the City of Baogor's cosh for attorneys fees, expert and other comma fres, the cost of investigators, and payment in full of any and all judgments rendered in favor of Lessee's agents, servants or employees against the City of Bangor in regard W claims made or assured by such agents, servants, or employees. 10. Purchase Option At any ante during the term of this lease (even after notice of termination hes been given pursuant W motion 3 above, the Tenant may give W the Landlord its binding written commitment W develop the demised premises as set forth in section B(1) of the "Option Agreement for Purchase of Urban Renewal Parcel B-llU dated March 9, 1993, and shall then submit W the Landlord preliminary plans for the development of the demised premises, and the Landlord shall rause such plans W be reviewed in accordano with the terms of said Option Agreement. Provided that such plans satisfy the Development Condition and other requirements of said Option Agressmevt, the Tenant may continue W complete the conditions of said Option Agreement, and, upon completion of the same, the LandloM shall convey the demised premises to the Tenant upon and subject W the Vernon and conditions of said Option Agreement, excepting that the purchase price has already been paid by the Ternt. 11. Rfeht of Refusal If many than dining the term of this from or within one year thereafter the Landlord receives a bona fide oder from another patty W purchase the demised Premises (or any portion thereof or any interest therein), the Landlord shall not accept such offer without first having offered W sell the demised premises (or such portion or interest) W the Tenant upon the same terms and conditions as set forth W the "option Agmemad fm Purchase of Urban renewal Parcel B -I IC' dated Murch 9, 1993. The Landlord shall make such offer to rhe Tenant in writing, and the Term shall have dury -3- M-291 days to accept or reject it If at any time during this lease or one year thereafter the Landlord receives abona fide offer Gom another parties to purchase the demised premised (m any Portion thereof or my interest therein) for the purpose of parking lot, the Landlord shall not awept such offer with first having offered to sell the demised premise (or such portion or interest) to the Tenant upon the same terms and conditions. 12. Defaalt. if the Tenant fats to pay the rent or other charges payable hereunder for a period of thirty days after written notice thereof has been given by the landlord or if ft Tenets fails to perform or observe my of the other revenants, twos pro asi ees or wnthaovs of this lease on the Tenant's part W be performed or observed and such failure umanues for a period of durty days ager written notice tbermfhas been given by the Landlord (except that ifanch default cannot be cured with the exercise of all due diligence within said period, then said period of Hurry days shall be extended for such period as shall be reduued if %a Tenant commences fonhwhh and prosecutes the curing of the same with all due dilil ance), notwithstanding my license of my former breach of covenantor waiver of the benefit thereof or consent thereto in a former instance, the Landlord lawfully may, immediately as at any time thereafter, without further demand or name, tmunato this lease by giving the Tenant written notice thereof 13. Misrotlaneous Provisions. 13.1. Covenant of Ouiet Eniovmmt. The Tenant, subject to the terms and provisions of this lease, on payment of the runt and observing, keeping, and performing all of the teams and provisions of this lease on the Tenant's pan he be observed, kept, and performed, shad lawfully, peaceably, and quietly have, hold, occupy, and enjoy the demised premises during the area hereof without Insurance or ejection by my person whomsoever. 13.2. Assinera . Tbis lease may mot be assigned or the demised premises sublet by the Tenant witlout the prior sermon consent of the landlord, which cousmt Abell not he unreasonably withheld or delayed. The Landlord may elect to terminate this lease in lieu of consenting to an waigament or subletting of the demised premises. 13.3. Memorandum of Lase. Concurrently with the exewtion hereof, both parties may execute a Memorandum of Lease, so called, in recordable farm, said instrument to contain each provisions as shall be'reesonably acceptable to counsel fm bods the Landlord and the Tenant. This lase shall not, however, be recorded by either party. 13A. Bind and inure. All of the terms and provisions of this lease shall be binding upon and shall inure to the bmedt of she ham, executors, administrators, successors, and assigns of the respective paras, hereto, except that ad cot mmms of the Landlord contained in this lease shall be binding upon the landlord and the Landlord's successors only with respect to breaches occurring during the Landlord's or the Landlord's successms' respective ostnership of the Landlord's interest m under Us lease. 13.5. juvaBdir, of Particular Provisions. If any term or provision of this lease or the application thereofto arty person or circumstance shall, w any cartoon, be invalid or unenforceable, then the remairder of this lease, or the application of such term or provisions to persons or cimumsovces other than those as to which it is held invalid or unenforceable, shall not be afftowl thereby, and each new and provision of Us lease shell be valid and be enforced to the fullest etent permitted by law. 13.G Governing Law. Thus lease shell be governed by and renamed in accordance with the laws of the State of Maine. 13.7. Paragraph Headings. The paragraph headings throughout this insmnnew are for convenience and reference only, and the words contained theran shall in no way be had toexplain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this lease. 13S. Notice to Mortgagee. After receiving written notice from any person, firm, or other entity that it holds a mortgage which includes, as part of the mortgaged premises, the demised premises, the Tenant shall, so long as such mortgage is outstanding, be required to give to such holder the same notice as is required to be given to the Landlord madder the terms of this lease, hot such notice may be given by the Terav[ m the Landlord and such holder concunmtly. 13.9. kesseS r Subordinate m Mortgage. It is agreed that the rights and twerest ofthe Tenant underthis lease shall he subject and mboremme many mortgages that may, hereafter be placed upon property owned by the ]andlord, m any and all advances to be made thereunder, m the urro en thereon, and Or all renewals, modifications, replacements, and extensions themf if the mortgagee named in such a mortgage shall agree to recognize the Tenant's rights under tins lease in the event of forcelosure if the Tenant is not in default hereunder. In the event of such agreement, upon notification by such mortgagee to the Tenant m that efa v, the rights and interest of dre Tenant under this lease shall be deemed to be subordinate to said mortgage, whether this lease is dated -prior an or subsequent to tfo date of said mortgage. The Tenant shall promptly execute and deliver whatever instruments may be required for such purposes. In netnews whereof the Landlord and the Tenmt have caused this vis W moot to be signed and sealed is csry number of counterpart copies, each ofwhich counterpart copies shall be doomed an original for all purposes, as of the day and year that above written. Wimess:- The Cdk of Bangor /y C Ah Aeg, By Its Cny I"t'WNK6c2 -5- M-zal OnitedMngrield Bank y� BY o Its pttsadt -6-