HomeMy WebLinkAbout2002-10-28 02-385 ORDERItem No. 02-385
Date: 10-28-02
Item/Subject ORDER - Authorizing the City Manager to Execute an Amendment to Lease
Agreement with Dorks R Us
Resp moble Department: Legal
The City of Bangor leases a parking lot to Dories R Us, the corporate owner of the Ground Round restaurant,
for use by the Ground Round. This lease amendment permits the Ground Round to construct: a 12 -foot by 12 -
foot by 9 -foot tall fm= to the existing msmumnt. This amendment also adds a 104bot strip of land to the
lease area w required by prior Planning Bound approval but which had never been completed. Since the
addition will be adjacent to and lower than the existing structure, FAA approval is not required. This
Amendment was approved by the Business & Economic Development Committee at its October 8, 2002
meeting.
mattee"dd Information:
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DedeHment Head
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Finance Director
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_ First Reading page _ M_
Referral
02-385
Asaigred to Councilor Nlen October 28. 2002
CITY OF BANGOR
(MLE.) Order, Authorizing the City Manager to Execute an Amendment to Lease
Agreement with Dori¢ R Us.
By the aty Cwaxil of me CRY Ofawli at
BEROROEREDTRIIT
Edward A. ezn aM Ory Manager, Is hereby auflodzed, on behalf of the
clry of Bangor, to exeMe the attached Amendment to Lease Agreement betwunen the Ory of Bangor and
0orks R Us.
IN QTY COONLTL
October 20, 2002
Passed a 02-385
Bee 0N0NN
(TITLE) Autmriziag the Cary manger to
Execute as, Anwmulmamt to Lease Agreammunat
Lease Agreement vdth mrls B Os
Assigned to Cauxlloi
02-385
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT, excouted is duplicate, is made and entered into this �a day of
e0rqntFa2 , 2002, by and between:
CITY OF BANGOR a municipal corporation organized and existing under the laws of
the Stene of Maine, and having its principal offices an 73 fallow Street, Bangor, Maine
(hereinafter"LessoYj,
said]
DORKS R US, a Maine general partnership with an office in the Town of Freeport,
County of Cumberland, State of Maine, with a mailing address of 500 U.S. Route 1, Freeport,
Maine, 04032 (hereinafter "Lensed').
WITNESSETH:
WHEREAS, the Lessor is the owner of certain premises located on Odlin Road in the
City of Bangor, County of Penobscot, State of Maine;
WHEREAS, the Lessor leased this parcel of land to Finanoud Realty Trust in a Lease
Agreement dated November 15, 1982, for the purpose of providing parking for the business
located st 248 Odlin Road;
WHEREAS, Financial Realty Trust assigned its interest in said Lease Agreement to
Dorks R Us, to which the Lessor granted consent by Agreement dated April 29, 1988;
WHEREAS, the Lessee herein desires to amend the lease in order to permit it to construct
a 12400t by 12-f tby 9 -foot tell freezer for use by the existing restaurnm;
WHEREAS, the Lessen does not object to such amendment for such use;
WHEREAS, the Lessor and Lessee had agreed for the Lessor to lease to the Lessee a ten -
foot wide strip of land adjacent the parking for to enable the Lessee to meer the setback
requirement for the parking IoS a satellite dish, and two propane tanks; and
WHEREAS, this lease was never executed;
WHEREAS, these amendments are exempt from Federal Aviation Administration
regulations / the Federal Aviation Administration does not object to this such amendment;
NOW, THEREFORE, is consideration of the covenants contained herein and the
payment of One Dollar ($1.00), it is agreed by and between the patties as follows:
02-385
1. ARTICLE V, Use, of the Lease Agreement dared November 15, 1982 is hereby
deleted and replaced with the following:
The denied premises will only be used as a parking lot for the parking of motor
vehicles, an accessory structure allachd to the existing structure located at 248
Odlin Road provided due the maximum size of such accessory structure does not
exceed 15 f t wide by 15 feet deep by 10 feet tall, and for limited recreational
uses; all such recreational uses to have the approved of the Federal Aviation
Administration and the Business & Economic Development Committee of the
Bangor City Council. The Lessee further covenants not m use the demised
premises in my manner which shall he deemed hazardous to the operation of the
Bangor International Airport as an airport, or for any other purpose which shall be
in violation of or And to comply with all of the requiremems of any federal, state
or municipal law, ordinance or regulation, including regulations promulgated
hereafter by the Federal Aviation Administration. For the purpose of this
paragraph it is agreed that the uses herein described shall not be deemed
hazardous to the operation of the Bangor International Airport as an airport.
2. Attachment A of the Lease Agreement dated November 15, 1982 is hereby
amended by adding the 10 -foot wide by appmxurstely 270 -foot long strip of land located on the
northeasterly side of the property, as shown in Exhibit 1, attached hereto and incorporated herein
by reference.
3. All oder terms and conditions of the said Lease Agreement shall remain in fail
force and effect.
IN WITNESS WHEREOF, the parties hereto have set their bonds and seals the day and
year first written above.
CITY OF BANGOR
G
Winds By: CdwardA Bartell,
Its: City Manager
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Its: Partner
STATEOFMAINE
Penobscot, as. C�QTUXE 18 .2002
Then personally appeared the above-named Edward A. Barrett, in his capacity as
City Manager, and acknowledged the foregoing instrument to be his free act end deN in his said
capacity, and the free act and deed of said body corporate.
Before me,
/p
-on r
Notary Public/
Printetl Neme:
MAN L.
NOT ANANYYNRBC YRME
W COWrc^1P' ^"'9Fa alRH1a!Ra,atl
STATE OF MAINE
=:Wds. September 12. 20M
Then personally appeared the above-named Peter Anestos, in his capacity as
Partner in Dories R Us, and acknowledged the foregoing instrument to be his free act and deed in
said capacity, and the free act and deN of said body corporate.
Before me,
a a. \.d9na
Notary Public/Attemeya4Caw
Printed Name:
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