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HomeMy WebLinkAbout1999-04-12 99-152 ORDERCOUNCILACTION Data 4/12/99 Hem No.: 99=152 Item/Subject Amendment to a Lease Agreement with the Cabral Company - 396 Griffin Rd. Responsible Deparbnent: Community and Economic Development The Cabral Company leases 6.9 acres at 396 Griffin Rd. on which an office building was developed and leased to the State of Maine, Dept. of Human Services. The Lessee wishes to extend the term of the lease agreement to December 31, 2028 as allowed in We (2) option "nods established in the lease. Rent is fixed until 2008 under the current agreement after which an appraisal would be used to determine the rent during Me remaining period of Me tens. DepaAme eatl Manager's Comments: C+FD kwu Tula e � GGu.e f City Manager Associated Information;OAAy, , Budget Approval: Finanw Director OLM �1..a.. I.,/ Introduced For X Passage First Reading Page 1 of 1 Referral 99-152 Ae®pmd to Councilor Aube April 12, 1999 CITY OF BANGOR (TITLE) tefYDPY Authonzmg an Amendment[ -a Lease Agreementwiththe Cabrel.___ Company - 396 Griffin Rd. By tAe arm CayxJ Of City of Bangor. ORDERED, MT WHEREAS, by Indenture of lease, dated April 1, 1979 and amended February 12, 1993, the Cabral Company agreed to the lease by the City of Bangor of Lot No. 14AB, Plan of B.I.A. CommerciaVlndustrial Park, dated June 7, 1976, recorded in File No. D626-76 and D626 -76A, Penobscot County Registry of Deeds and revised August 28, 1978, and recorded as Plan D86-78 in Penobscot County Registry of Deeds;and WHEREAS, the parties hereto wish to amend said Indenture of Lease to extend the term of the lease; NOW THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute an amendment to the lease agreement between the Cabral Company and the City of Bangor for Lot No. 14AB in the BIA Commercial / Industrial Park, in a form approved by the City Solicitor or Assistant City Solicitor, and in substantially the same form as attached hereto. m CITY WONCIL April 12, 1999 Notion for passage Nelle and 99-152 Seconded 0 R D E R passed Title, Authorizing am Amendment to a LAMA Lease Agreeamc rite the cebxel Company L- C®IP. ... 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' CounciLnan 99-152 THIS SECOND AMENDMENT TO INDENTURE OF LEASE, executed this th day of, April, 1999 by and between: CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine, and having its principal offices at 73 Harlow Street, Bangor, Maine (hereinafter sometimes referred to as "Lessor"); URIC CABREL COMPANY, a corporation organized and existing under the laws of the State of Maine, and having a regular place of business in Bangor in said Bangor, County of Penobscot, State of Maine (hereinafter sometimes referred to as "Lessee") WITNESSETH: WHEREAS, the City of Bangor is the owner of an airport commonly known as "Bangor International Airpod", formerly known as Dow Air Force Base, located in the City of Bangor, County of Penobscot, State of Maine (hereinafter sometimes referred to as the "Airport'); and WHEREAS, by Indenture of lease, dated April 1, 1979 and amended February 12, 1993, the parties agreed to the lease by the Lessor of Lot No. 14AB, Plan of BJ A. CommemiaVlndustrial Park, dated June 7, 1976, recorded in File No. D626-76 and D -626.76A, Penobscot County Registry of Deeds and revised August 28, 1978, and recorded as Plan D86 78 in Penobscot County Registry of Deeds; and; and WHEREAS, the parties hereto wish to amend said Indenture of Lease to extend the term of the lease; NOW, THEREFORE, the parties do mutually agree that the Indenture of Lease dated April 1, 1979 and amended February 12, 1993 be and hereby is amended as follows: (1) That Article II - TERM be deleted in its entirety and the following be substituted in its place: Cenral company Simone Amendment to Indenture of Laase TiiCdft�Idi4{Tul TO HAVE AND TO HOLD the demised premises unto the Lessee for a tens commencing on the tat day of May, 1999 and terminating on the 31st day of December, 2028. (2) That Article III - COMPUTATION OF ANNUAL RENTAL be deleted in its entirety and the following be substRuted in its place: ARTICLE III- COMPUTATION OF ANNUAL RENTAL - A. Lessees covenants to pay to the Lessor as a rental during the period May 1, 1999 to the 31st day of December, 2008 a monthly rental of Eight Hundred and Fifty -Three ($853.00) Dollars. B. Lessee further covenants to pay to the Lessor as rental each and every year during the remaining term of this lease for the premises leased hereunder as follows: January 1. 2009 throuah December 31. 2013 The monthly rental payment during this period will be one4welfth (1/12) of one-tenth (1/10), or .00833, of the market value of the demised land, The market value will be determined by a current appraisal of the land provided by an independent appraiser hired by the Lessor. The appraisal will value the land as of October 30, 2008 as if there has not been any development or structures erected on it. In the event that the Lessee disputes the appraised value, the Lessee may commission, at its expense, a second appraisal by an independent appraiser and will notify the Lessor of such within ten (10) days of receipt of the appraisal. If the parties remain in dispute as to the market value of the land after the second appraisal, the two appraisers will appoint a third independent appraiser. The market value will then be the average of the high and low appraisals performed by the three appraisers. In such event the expense of the third appraisal will be shared equally by the Lessor and Lessee. January7 2014 through December 31 2018 The monthly lease payment during this period will be determined as follows: Page 2 calwN Gompany Semnd Amendment to hxAevure ofLesse the monthly lease payment of the previous five year period plus the product of monthly lease payment of the previous five year period multiplied by the sum of the five annual percentage changes in the Consumer Price Index, the All Items expenditure category, for the period October, 2008 to October, 2013. The annual percentage change is calculated by subtracting the value of the index on October at the beginning of the period, eg. October, 2008, from the value of the index on October of the following year, eg. October, 2009 and dividing the remainder by the value of the index on October at the beginning of the period, eg October, 2008. The annual percentage change will be the percent resulting from the above calculation but in no case greater than five (5%) percent for any year. The term "Consumer Price Index" is the "monthly unadjusted Consumer Price Index for All Urban Consumers (CPI -U)" published by the United States Department of Labor, Bureau of Labor Statistics. In the event that the CPI -U index should cease to be published during Me term of this lease, the rental adjustment for the subsequent five-year period shall be calculated as stated above by reference to the annual percentage change in any substitute index published by the U.S. Dept. of Labor or other reliable source which authoritatively represents the annual change in urban consumer prices in Me United States over the preceding five-year period. Januaw l 2019 through December 31 2023 The monthly lease payment during this period will be determined in a method similar to that used for the previous period with the exception that the sum of the five annual percentage changes in the Consumer Price Index, the All Items expenditure category, will be for the period of October, 2013 to October, 2018. Rrr[7 }.isDrzni7 1111.Z--S�.- 11•'. The monthly lease payment during this period will be determined in a method similar to that used for the previous period with Me exception that the sum of Me five annual percentage changes in the Consumer Price Index, the All Items expenditure category, will be for the period of October, 2018 to October, 2023. Page 3 Cabral Company Serorc AmerMment to Indenture of Lease C. Rent shall be paid monthly in advance on the first day of each and every month. Lessee shall pay all rentals herein required, without prior demand therefor, in lawful money of the United States, at the address of the Lessor as set forth herein or at such other reasonable places as the Lessor may designate. Late payments shall be subject to an additional interest charge of one and one-half (1.5%) Per cent per month to the date of payment. (3) That Article XXI - OPTIONS TO EXTEND be deleted in its entirety. THAT except for the foregoing, said Indenture of Lease, dated April 1, 1979 and amended February 12, 1993, between the City of Bangor and the Cabral Company will remain in full farce and effect in all other respects between the undersigned. IN VATNESS WHEREOF, the parties hereto have set their hands and seals the day and year written above. CITY OF BANGOR Date: By: (Witness) Edward A. Barrett City Manager CABREL COMPANY Date: (Witness) By: Carol A. Epstein Its Vice President Hereunto Duly Authorized Pape 4