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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: as . v 4 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. -: pi p \ \' _... _. ), axi P. w _ .. 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