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Home My WebLink About2001-06-25 01-265 ORDERItem No. 01-265 Date: lune 25 2001 Item/Subject: ORDER, Authorizing the City Manager ce Execute an Assignment and Sale Agreement and a License Agreement with United Techologies Center Responsible Department:. Legal international Paper Company and Me United Technologies Center have reached an agreement regarding Me demolition and removal of a greenhouse and garage owned by International Paper Company and located at 39 Florida Avenue on land leased from the City of Bangor. The United Technologies Center would remove the structures utilizing portions of the greenhouse and garage in she establishment of a horticultural program. As the landowner, the City is requested to be a parry to are Assignment and Sale of the greenhouse and garage to United Technologies Center and to grant a license to United Technologies Center permitting Mem m go on the property for the purposes of the demolition and removal. The license allows the demolition m take place between lune 20, 2001 and July 31, 2001. International Paper Company will provide trash receptacles to the site, remove the floors or foundations, and clear and grade the ground underneath and surrounding the structures. They will also replace the door from the office building to the garage and replace some siding on the office building. The business & Economic Development Committee considered this Item at its meeting on June 19, 2001 and recommends approval. er�" Deiltartmem Head Manager's Comments: City Manager Associated information: Assignment and Sae; License Legal Approval: city Solicitor Intrydaced for X - /`Passage _ First Reading Page _ of Rehrral oL-2cs Assignedin Councilor vara s aura 25. 2001 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute an Assignment and Sale Agreement and a License Agreement with United Technologies Center THAT Edward A. Barrett, @y Manager, Is hereby authorized, on behalf of the City of Bangor, to execute an Assignment and Sale Agreement of a greenhouse to United Technologies Center and a License to United Technologies Center. Copies of mid Assignment and Sale and License Agreements are attached hereto. GIW (AMMCii. ke25, 2001 :ion Made a Seconded p 01-265 Passage (TITLEJ Authorizing the Cin Manager to 6eaate an Ada gement a event and a License Agree t with Unit" Yechmlogiss Center International Papa, Company Lease E<hibit p IN WITNESS WHEREOF Assignor has caused this Bill of Sale to be executed in its name and on its behalf by its officer thereunto duly authorized as of this 13th day of June ,2001. THE CITY OF BANGOR MAINE By: Title: 0521010ahm Anignmmt k Dan of Me UN6E T R dm 01-265 ASSIGNMENT AND BILL OF SALE KNOW ALL MEN BY THESE PRESENTS Nal INTERNATIONAL PAPER COMPANY, aNew York corporation, having a place of business at 3 Paragon Drive, Montvale, NI 07645 said THE CITY OF BANGOR, MAINE, having a place of business at 73 Harlow Strcet, Bangor, Maine 04401, (such entities together referred N as "Assignor'), in consideration of 51.00 and other goad and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby assign, trarlafer and deliver to UNITED TECHNOLOGIES CORPORATION, having a place of business A 200 Hogan Road, Bangor, Maine 04401, (hereinafter referred to as "Assignce') all right title and interest of Assignor in, under and to all of the following property and assets (collectively, the "Transferred Personally), located at Building 2T2, 39 Florida Avenue, Bangor, Maine: The GreeMouse building and the Garage building, as shown and identified on Exhibit A attached herrn, and all equipment, furniture, fixtures, personality and other items contained therein, to have and to hold for the use and benefit of Assignee and its assigns forever. Assignor, for itself and its successors and assigns, hereby represents to Assignee that at the time of this Assignment (a) AmiWr has Ne right and authority to make this Assignment, (b) the execution and delivery of this Assignment and Bill of Sale have been duly authorized and do not violate any agreement or instrument to which Assignor is a party or any order of any court or governmental authority, binding on Assignor or its assets, and (c) that all consents required for transfer of the Transfe¢ed Personalty to Assignee have been obtained. ASSIGNOR DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE TRANSFERRED ASSETS ASSIGNED HEREBY. THE MACHINERY, EQUIPMENT FURNITURE AND FIXTURES LISTED ON SCHEDULE A ARE TRANSFERRED AS IS AND WHERE IS, AND ASSIGNOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES. All prior negotiations between the parties relating to the subject matter of this Assignment have been merged irM and are superseded by this Assignment This Assignment contains the entire understanding between the parties and there aris no promises, agreements, understanding; representations, warranties or conditions of any nature relating to the subject matter hercofnot set forth herein. [RF.MAINDEROF PAGE LEFT BLANK] 0531alO3Lm At Vmmt d Bin of MI Wad Taa.dx THECl7YOFBANGOR,MAINE 01-265 PERAUT AND LICENSE DPoe' lune 12.2001 In consideration of the pnyment ofII.00 and the Licemsee's undertakings set forth below, license is hereby grants! to UNITED TECRNOLOGIES CENTER — Region pd, 200 Hogman Road, Burger, Mame 04401 (Licmw)b eaten We real property located #BuiWmgM, 39 Florida Averme, Beni Mame (The Practices) for the propose of dismmnf g and removal from The Powers of certain structures Wearied w Ne "OrceMoux" and "George" (as The Premises and such variations ars shown and Identified m 5xhibit A), and the contents of inch sanctions during the period lune 20.2001 through 10th 31 2001 subject to she fallmving: Uoderakiogs Of Llemwee: 1. Licensee agrees to dissociate the Greenhouse and Garage m a safe and responsible insurer, in accordance with customary and epproprime construction and demolition stimulate. and in such a way an to not damage my other saucnuev Interest on The Powers; to remove from The Prances or to place an storage or hash mcepmeW designated by International Papm/fhe City of Hmgor, Mauve, the shut Wmrawal as Oe Greenhouse and George, together whh line contents of such structures. It will be the reepoeabiliry of IMematiwal Papers provide cosh ercepables on the sice, to remove the flhom to foundtios thereof, to clan and grade the gmuM mdementh and surtouMing roti structures, and to leaven rubble, holes, or objects on one she; mtl to Ne exam Ne Garage is mnnMed tithe once building lauhtl on The Prosodies by a doorway, to fill in the hole created by than removal of the dmrway with either another door or a will, end to replete an approximately 8 fool by 8 foot portion of the siding 0fthe office building, 2. Licentte In consideration for Ne rich¢ awl privileges as hmehmbove granted by Nhmadonal Papa and The City ofBangor, Meme, hereby agrees: to water The Prwisc fair mid prepare st his own wk, in line exercise of line righa and privileges herein Found, not to concurrently ioterlm wiM the 0Omwim abwlNs and unrestricted rights of bor aboral Paps and The City a Bangof, Mein, their agents, maws, employees, lessees, licensees, contractors, suuaa0fe and assigns to to PoII we and mjoymwat of said land; said nor to assign or in my narrow transfer the rights eM privileges Forced hereunder without wriftm consent of InMnatio al Paper and The Ciry, of Bangor, Maine. 3. Literature further agora to rehers, Ndwnify and hold Intoratinnal Papa and The City of Burger, Mame harmless 6w any los, damage, liability, or expense arising Dam personal injury, including death missing thertio n, or property damages W my power. including Inlmutimul Paper and The Chy of Bangor, Mame, their weacw , across, mama, and mpluye , according as a direct m indirect result other operations as aid ImMs and irrespective of any regligmce on act which contributed to my way by mtematiomal Papa and The City d Bangor, Mame wave communist, aervanq agent and employees N said injury, loss, an dents. n.�TSTRi;.. aT.TT�.3�T4 A�)l9lI / Mile: I THE MY OF �GO% MINERYT Tide UNITEDTECEDcOLOGIESCENTER LN