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..��,
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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
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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.
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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
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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
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