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HomeMy WebLinkAbout2001-12-26 02-59 RESOLVEItem No 02-59 Date: December 26. 2001 Item/Subject: RESOLVE, Ratifying Execution and Delivery of Landlord's Agreement between the City of Barpipr and the Small Business Administration -- BAFS, Inc. Responsible Department Legal Commentary: Esk S, Inc., a tenant at the Airport, Is obtaining a SBA loan following the events of September Its. The SBA requires a Landlord's Agreement because the personal property of BAFS will serve as collateral and the Agreement acknowledges that In the event of a default the SBA may enter the property to recover the collateral. The City would also be required m give the SBA thirty days notice of any default of the lease by the tenant. This is a standard form that lenders require in situations such as this. Because the SBA closing was scheduled for Friday, December 21, 2DU1 and we only received the form a few days prior, the City Manager executed the document and this Resolve will ratify his action. 9' Department H¢ad Managers Comments: City Manager Associated Information: Agreement Finance Director Introduced for Consent Agenda X Passage _First Reading Page 1 of 4 Referral 02-59 Assigned to Councilor Palmer Oece er 26, 2001 CITY OF BANGOR (TITLE.) Resolve, Ratifying Execution and Delivery of Landlord's Agreement between the City of Bangor and the Small Business Administration -- BAFS, Inc. By the City Couxilofthe CltyofBanyor RESOLVED, THAT the action of Edward A. Barrett, City Manager, in executing and delivering a Landlord's Agreement, dated December 19, 2001, between the City of Bangor and the Small Business Administration regarding BAFS, Inc., a tenant at Bangor International Airport, is hereby ratified and confirmed. A copy of said instrument is attached to this Resolve and is Incorporated by reference. IB CITY COUNCIL December 26, 2001 Passed TY d BEBOLVe (TITLE,) Notifying Execution and Delivery of landlords Agreement Between the City of Naogou and the Bmll Business ddministfatiuu - MAPS. Inc. Aesignww Councilor J X Ow" 02-59 Name: RAES Inc.. 9TME-00008 / EML 51002740-06 LANDLORD'S AGREEMENT The Small BusinessAdministration, an Agency ofthe United States Govemmmt (SBA), whose Servicing Office address is 2120 Riverboat hive Little Rock Arkansas 72202 proposes to make a bar to BAFS Ac.(TeoaoQevidmcedbyapmmissorynoteornotesendsecutedbyasxmtyagreemntcoveru�gthe following personal property, (Collateral) machinery and enuinment fexcluding profive) C' of Bangor ATM sdwa�d BaLFett The Collateral is mNor ]accord at 61 Florida Avmu B em Mame 04001 (Prmisv), which Premises are owned by -- ^..r:�c: Auc>(Laodlord). SBAuvNi g to make the loan to Tenant on condition that Landlord execute this Landlord's Agreement N consideration thereof, Landlord represents and agrees on follows: 1) Landlord hes fall power and authority to ester into this Agreement. 2) Teaaat is in lawful possession of the Premises order a duly executed lease (Lease) and is not in default under any tams thereof accept as follow: 3) The Collateral shall be considered personal property, of the Tenant and shell not be considered affixed as pan of the processes. 4) Landlord's right and interest, if any, in and to the Collateral listed above And be subordinate to SBA's right and mtemat in the same Collateral 5) In the event Net Tenant de6alis under the Lease, Landlord will give SBA at least thirty, (30) days wrmut notice prim to taminifing the Leaseor taking my action to enforce any claim under Use Lease t) In the event that Tenant defaults an the SBA loan or the Latin, or both, SBA has the right to enter the Premises, v,uhot [other concent of Landlord, end: a) Without assuming responsibility, fm rent or other obligations of the Leena, promptly remove the Collateral; provided however, that SBA shall use reasonable care in the removal oftlo Collateral and shallpay Landlord fm my damage to the Premises caused directly by such mmoval; or b) Retain possession of the Premises for a masonable period of tlm; not to exceed 90 days, in order to avnove or othmvise dispose of the Collateral; provided bowever, that (i) during such possession SBA shall pay Landlord rent as provided as the Lease but shell not be liable for my other Laws obligations, and (ii) SBA shalt use reasonable care in Am ranovol of the Collateral and shall pay Landlord for my damages to the Premiums caused directly by such removal. ]) Tbis Agreement shall M binding an Landlord, its innateness, bells and assigns m long as SBA has a security intercn in property located an the laced Premises. N the event Landlord asaigrs the Leme, Landlord shell give SBA notice thereof and provide a copy of this Apartment to such ssigaee(s). Sea Reverse for Signature & Notary Aclmowiedgement(s) YEaed: December 19, 2001 City of Bangor ATM: Edward A. Barrett Bre of Mame ) _. BmH-AxpestA�iApp Cowry of Penobscot P ) City Manager Tw foregoing imwmmt wu ackno kdpd befog me fi a 19th day of December ,TON1 by Edward A. BaKr2tt City Manan r on behaf of y at angor, a body, am,pmliee: co pore e ofay Nair NORMAN S. HPJIMANN, IN WARY PUBLIC, MAIM MY COIIMNSIIXI ESPINESJNNUARViYAM