HomeMy WebLinkAbout1999-09-27 99-322 ORDERCOUNCIL ACTION
Date: 091'27-99 Item No.: 99-322
KeMSubjeM: Landlord's Consent to Assignment
Responsible Department: Community and Economic Development
Commentary:
Kathy Harvey di Kathys CapAng requests approval of an assignment of the lease
with the City of Bangor for Lot 17 in the BIA Commercial / Industrial Park to Stephen
and Jane Amy. Provisions for assignment are established in the lease, and this
request complies with those provisions.
Manages Comments:
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Associated Information: OkAv, 4A%, , ^'"P
Finance Director
Ci Soli r
Introduced For
X Passage
First Reading Page 1 of 1
Referral
99-322
Assigned to Counniln. Aube September 27, 1999
CITY OF BANGOR
(TUU.) (DrbBr, Authori.minga La dlord a Co sent11 to Ae slgnmant
By the CRY C"010Z o(OW City ofBnmynr.
ORDERED, -
TUT 'WHEREAS, the City of Bangor is the owner of Lot 17
n the BIA Commercial/Industrial Park (Premises), in Bangor, County
Of Penobscot and State of Maine; and
WHEREAS, the City of Bangor has leased the Premises
to Kathy Harvey d/b/a Kathy's Catering pursuant to the terms of an
Indenture Of Lease dated December 15, 1997; and
WHEREAS; the lease has been or shortly will be
..assigned to Stephen and Jane Arey by Kathy Harvey d/b/a Kathy's
:Catering; and
WHEREAS, as a condition precedent to the Assignment
being effective, Stephen and Jane Aiey have required the consent of
the City of Bangor pursuant to the terms of the Indenture of Lease;
and
WHEREAS, Stephen and Jane Arey have agreed to be
bound by the obligations and provisions of the above said indenture
of Lease;
NOW THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF
THE CITY OF BANGOR THAT the City Manager is hereby authorized, o
behalf of the City of Bangor, to execute a Landlord's Consent to
Assignment of the Indenture of Lease between the City of Bangor and
Kathy Harvey, d/b/a Kathy's Catering dated December 15, 1997 for
Lot 17 in the BIA Commercial/Industrial Park, to Stephen and Jane
Prey in a form approved by the City Solicitor or Assistant City
Solicitor, and in substantially the same form as attached hereto.
SeCITY
cll
September999
Pawed
iR4 �
99-322
ORDER
Title, Authotizin a Lwdlord's Consent
to mslgoment
......................................
-tea. a
.4eaip�ed to
Dnpneil�aa
LANDLORD'S CONSENT TO ASSIGNMENT
THIS
AGREEMENT,
executed this
day of September,
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 referred to as "Lessor");
rQ
STEPHEN AND JANE AREY (hereinafter referred to as
"Lessee")
WITNESSETH:
WHEREAS, the Lessor is the owner of an airport commonly known as
"Bangor International Airport", formerly known as Dow Air Force Base, located in the
City of Bangor, County of Penobscot, State of Maine (hereinafter sometimes hemmed to
as the "Airport"); and
WHEREAS, the Lessor is the owner of Lot 17 in the BIA Commercial /
Industrial Parc, in Bangor, County of Penobscot and State of Maine, which Premises
are more particularly described in Exhibit A attached hereto; and
WHEREAS, the Lessor has leased the Premises to the Lessee pursuant
to the terms of an Indenture of Lease dated December 15, 1997; and
WHEREAS, the Lease has been or shortly will be assigned to Stephen
and Jane Amy by the Lessee; and
WHEREAS, the Lessor has agreed to the tens of the Assignment; and
WHEREAS, as a condition precedent to the Assignment being effective,
Stephen and Jane Arey has required the consent of the Lessor pursuant to the terms
of the Indenture of Lease; and
WHEREAS, Stephen and Jane Amy have agreed to be bound by the
obligations and provisions of the above said Indenture of Lease.
NOW, THEREFORE, the parties do mutually agree as follows:
The City of Bangor, as Lessor and owner of the fee interest in the
Premises hereby acknowledges receipt of notice of the Assignment and hereby
consents to the assignment of the Indenture of Lease between the City of Bangor and
Kathy Harvey, d/b/a Kathy's Catering dated December 15, 1997 to Stephen and Jane
Amy.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year written above.
CITY OF BANGOR
Date:
Witness:
By:
Edward A. Barrett
Its City Manager
Kathy Harvey d/b/a Kathy's Catering
By:
(Witness) Kathy Harvey
Stephen and Jane Amy agree to comply with all the terms and conditions
of the Indenture of Lease between the City of Bangor and Kathy Harvey, d/b/a Kathy's
Catering dated December 15, 1997.
STEPHEN AND JANE AREY
Date:
Witness:
Witness:
By:
Stephen Amy
Jane
Page 2
EXHIBIT A
PARCELI
Lot No. 17 according to a plan by HTA-OEST Associates, titled "Amended Plan of
B.I.A. Commercial Industrial Park -dated September,1989 and on Me al the Cay of Bangor
Engineering Department in File No. SD -133.
PARCELI!
An easement granting the right perpetually to enter at any and all times upon a grip of
land twenty (20) feet wide, the centerline of which is situated m follows:
Beginning at a poem on the southwest side of Lot 17 according to a
plan by HTA-OEST Associates, Inc. titled "Amended Plan of
B.LA. Commercial Industrial Park^ dated Sept. 11, 1989 and on
file at the City ofBougor Engiarding Dept. m I& No. SD -133,
said point being N 5749'30" W two hundred twenty and four
tenths (220.4) feet from a 46 rebm set m the southeast corner of
said Lot 17; therce S 38°40'16" W eighty-four and thirty-three ane
hundredths (84.33) feet to the and of said easement.
The above description is oriented to the Grid System of The Stage
State Coordinate System, East Zone. It has been prepared by
James M. Greer, PLS #1129, 73 Harlow St., Bangor, h1E.
in said Le only 0fpmobard end State ofShone, said strip being 20 feet in width in accordance
with a copy of sewer line easement plan as attached.
And to concoct and perpetually maintain through, under and across said grip, conduits
or pipe Wes, with all necessary fixtures and appurtenances, for conveying sewage, and W lay,
relay, repair, maunmin and remove sewage pipe or pipes upon or trader said snip, with all
necessary ti tyres and appurtene wes, together with the right at all times to trim, cut down and
remove bushes to such extent as in the judgment of the Grantee is necessary for any of the above
purpous, and to enter upon said strip at any and all tunes for any of the foregoing purposes,
reserving to the Grantors, their heirs and assigns, the use and enjoyment of said sip for such
purposes only as will in no way interfere with the perpetual use thereof by the Greater, its
successors and assigns for the purposes above mentioned.
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Exhibit A
99-322
RECEIVEp SEP 17 t499
KAThy S CATERING
395 Griffin Road
Bangor, Maine Not
i� (207)941 -8]00 -Office
(20))941.8]00 -Fax
M1199
Dear Steve Sudan
I am wilting to you to ask that you start the process necessary for the land that
'Kathy's Catenng-is located an (395 (Sagan road in Bangor), be transferred to
Steve & Jane Amy of eucksport. I am selling mybueness to them as of October
of fso.
Thank -you
Kathy Harvey
Kathy's Catering