HomeMy WebLinkAbout1998-11-09 99-11 RESOLVEInce 99-I1
Date: 11-998
ImmphubjeM: RESOLVE, Hatffon City Manager's Execution of Lem Agm®ant wrath the
Hangor Humane Saiety
Responsible Department: City Manager
Commentary: Pnormthe wmplmiw oftlmcew Human Society Otrm aW 9helmwMow[Hope Aerate,
Ceprowmtivm of ou p eimy eM the Ciry brve Nsru¢eM Nepawibdiry of a it meet
force n City
new shim os a o Animal
COWoIOiwin BONPmtier believd shelter agruchw mmgemmtwog i make it emierfortMCiry real the Hmnma Society m
ice ciforuwis Shhruagrcemert. PriurmNgrushowing inmaie eyteemea4uMfthe CywtrflMca Ppetatd
from an fllicemae Clh's SMIta. Since aeil,eltescloee0. aiaiMividusl hufpaaralout ffaa Ciry Clmkn OtE which
hen Pmveu m be a lean tMn idem venation.
TM otigbml W" m sato ire such a lame were uwuorwabl. The basic Wmgreernent at than time was the aqumt by tM
xmmoe Society ant Ore Cirymake a $13.000 apiW conWbutiov toward tMconofrenwmiog dm space m beleased. Giver
that the space W question u about 150 square fest Ciry apreaanmtives alt ihu au wan m excessive repeat We PmPmd w
atmmmive One time conmbudw of $16.20 per square foot lasd which raprasena the pcipf W omen share of We amvetiom
for the square fcomgem be leased. This scant will he$2,430.
Since the Oug'he pawrou, Was have beer a risw ofchmgm at the Humana Society including boa Board membership
aW the Exautive Die partials m a result ofaese chwgm, discuseiomwiW We Human Socierywea rmewd real, it
appearq agrcemmt in principle has been reechd.
Under the current proposal, the City would lease a sill oat at tM ffieMer kr$2,000 per year plus a$ 250 payment towW
We coat ofuWitiss. Atm ohne capiml contribution wwW be made in $e amwra of $16.20 per tweed square fwt.
please noes that the recessary lees paymwt hes hceo imludM in the Anuml Comml Buipt for this year. Should the lease be
fmaliad, we wcald recommend that the out time wpid contribution be made from the wrong welfm trust that which the
Ciry currently holm. This represents courbssum which Mere bane received over dm years. Asepeate appmprWion reselve
fw this puNow appears ehewMm ou We agenda.
Thk egreemm[hen bests reviewed aM epprovdbY the Mwbipel Opemtiorm Cfmmittes. Since it's a thrte yam Ieme, it
tmmally would not requite fall Council approval. However, Wince an aditiwal appropriation a,muud foo the caplet
wnNbution, it wave appropriate to Beek fu11 Council raidicatiw.
n Department Head
Manager's Comments: y/ 4 /; � 0[�
(�J/ r6uV l.(C_ity mwMe naa
Associated Information: Resolve, Leese AAeement
Budget Approval
.(I.� Financier Director
Legal Approval:
.Cdy Solicitor
Introduced For
a I'moage
_FhHReWing page—d—
BefTnd
99-11
Assigned ro Councilor Furn`am November 9, 1998
CITY OF BANGOR
Q� ) ��P Ratifying City Manager's Execution of Lease Agreement with the
t._......_...._.._...._........._........_......................_..._..._......................................
Bangor Become Society
By the Cita Onsuali of the aro ofRaapor:
RESOLVED,
the City Managers execution of a lease agreement with the Bangor
Humane Society for An office for the City's Artirnal Control Officer is hereby ratified.
ti
IN CITY COUNCIL '}{
November 9, 1998
Notion for Passage Made and Secondek.....
Passed
cx cLEPx
99-11
R E S 0 L V E
PatifvIM City Maueeer's Execution of
Lease Agreement with the Bangor Humane
Society
99-11
INDENTURE OF LEASE
THIS INDENTURE OF LEASE, executed in duplicate, this
day of October„ 1998, by and between:
BANGOR HUMANE SOCIETY, a non-profit corporation
organized and existing under the laws of the State
of Maine, with its principal office located at
693 Mount Hope Avenue, Bangor, Maine
(hereinafter referred to as "Lessor");
CITY OF BANGOR, a municipal corporation organized
and existing under and by virtue of the laws of the
State of Maine, with its principal offices located
at 73 Harlow Street, Bangor, Maine (hereinafter
referred to as "Lessee")
WITNESSETH:
WHEREAS, the Bangor Humane Society is the owner of an animal
shelter facility located at 693 Mount Hope Avenue, Bangor, Maine;
and
WHEREAS, Lessee wishes to lease space in the Lessor's
building to provide office space for the City's Animal Control
Officer,
NOW, THEREFORE, the parties do mutually agree as follows:
ARTICLE I - PREMISES
The Lessor, for and in consideration of the rents to be paid
and the obligations to be performed by Lessee as hereinafter
provided, does hereby demise and lease unto Lessee, and the Lessee
does hereby take and hire, upon and subject to the terms and
conditions hereinafter expressed the following described premises
in its present physical condition:
One ground floor office with storage
space located at the westerly end of
Lessor's building, aggregating approximately
150 square feet.
All as shown on a plan attached hereto as
Exhibit "A".
Together with the right to use, in conjunction with the
Lessor and any other Tenants, any areas and facilities intended for
common use, including but not limited to halls, passageways,
stairways, entrances, exits, driveways, restrooms, and yards.
99-11
ARTICLE IT - TERM
TO HAVE AND TO HOLD the demised premises unto the Lessee for
a term of three (3) years commencing November 1, 1998 and
terminating October 31, 2001.
RTICLE III - C M N_QE ANNVAL R
The rent to be paid by Lessee to Lessor during the term of
this Lease shall be Two Thousand Dollars ($2,000.00) per year. The
first year's rent to be paid upon execution of this Lease and
subsequent payments to be remitted in advance on the first day of
each successive year this Lease shall remain in effect.
ARTI - LESSEE'S OBLIGATTONq, USE,PANCY
AND ALTERATIONS TO PREMISES
A. Lessee shall have the right to use, occupy and maintain
the premises herein described in a reasonably businesslike,
careful, clean, and reasonable safe manner as offices for the
Lessee's Animal Control Officer.
B. Lessee shall not use, occupy or maintain said premises
in any manner as to Violate any municipal, state or federal law or
regulation.
C. Lessee shall have the right to make alterations and
improvements to the premises as it may choose, subject to the prior
written approval of the Lessor, which shall not be unreasonably
withheld, and provided that such alterations, additions and
improvements do not weaken the structural integrity of the
building, nor decrease it functional quality, appearance or value,
and further provided that any such work shall be done entirely at
the Lessee's own expense and will include returning disrupted
surfaces to a serviceable and attractive condition.
D. Lessee shall have the right to erect signs on the leased
premises subject to the prior written approval of the Lessor,
provided that such signs comply with applicable laws, ordinances
and regulations.
E. Lessor, through its agents, shall have at all reasonable
times the right, upon reasonable notification to the Lessee, to go
on and inspect the premises with an authorl2ed representative of
the Lessee, and the right of access to utility systems located on
the demised premises for the purpose of maintenance, repair,
correction, or inspection. For purposes of this paragraph,
"reasonable notification" shall include any actual notification to
the Lessee or its agent not less than one (1) business day prior to
the date of inspection. "Reasonable times" shall mean any time
during Lessee's regular business hours, or during normal weekday
business hours if Lessee shall cease operations or shall maintain
other than normal business hours. Lessor reserves the right to
effect emergency repairs to any utility systems located on the
demised premises at any time, without prior notice or with such
notice as is reasonable given the nature of the emergency
concerned, and to have access for this purpose.
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99-11
F. Lessee shall pay Two Hundred Fifty Dollars ($250.00) per
year for its utility use. The first year's payment shall be made
Upon execution of this Lease and subsequent payments shall be
remitted in advance on the first day of each successive year this
Lease shall remain in effect.
G. Lessee shall pay to Lessor ene time payment for
capital improvement a sum Of Two thousand Four Hundred and Thirty
Dollars ($2,430.00). Said capital improvement payment shall be
made upon the execution of this Lease.
ARTICLE V - PROPERTY DAMAGE INSURANCE
The Lessee during the entire term of this Lease and any
extensions hereof, shall maintain, at its sole expense, insurance
of the following types with companies authorized to do business in
the State Of Maine, and for the protection of the Lessor, who shall
be named as an additional insured against all claims, losses, costs
or expenses arising out Of injuries to persons whether or not
employed by Lessee or damage to property resulting from the
negligent acts or omissions of the Lessee, its directors, officers,
employees and agents and arising from Lessee's use of the premises
or any part or portion thereof.
CQMleaplensive Public Liability
Bodily Injury
$300,000.00 each occurrence
Property Damage
$300,000.00 each occurrence
Lessor shall not be required to provide insurance coverage
and shall have no responsibility for any property owned by the
Lessee or third parties which may be located on the demised
Premises.
ARTICLE VI - INDEMNITY
A. General Indempification - Lessee shall defend, indemnify
and hold Lessor, and its officers, employees and agents completely
harmless from and against any and all liabilities, losses, suits,
claims, judgments, fines or demands arising by reason of injury or
death of any person or damage to any property, arising out of or
incident to this Lease and/or the Lessee's use, occupancy, conduct,
or management of the leased premises or the sets Or omissions of
Lessee's officers, agents, employees, contractors, subcontractors,
licensees, or invitees, unless such injury, death, or damage is
caused by the negligence of the Lessor. The Lessee shall give to
Lessor reasonable notice of any such claims or actions. Lessee's
obligations under this paragraph shall be deemed to survive
expiration or termination of this Lease.
B. a Waiver f Workers' Compensation I - The
Lessee hereby expressly agrees that it will defend, indemnify and
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99-11
hold the Lessor, its officers, employees and agents completely
harmless from any and all claims made or asserted by the Lessee's
agents, servants of employees arising out of the Lessee's
activities under this Lease. P this 1 the
hereby d all Immunity it May have under the
N"ne Workers'Act in recard to such claims name
asserted by the Lessee's agents, servants Qr employees.
Lessor shall insure the demised premises against loss by
fire and the extended coverage usual in such insurance. In the
event of destruction or damage to the demised premises, or to any
part thereof, and as often as the premises shall be damaged by fire
or other casualty, Lessor shall have the right, but not the
Obligation to rebuild and repair the building for occupancy. If
Lessor elects not to rebuild and repair, it shall so notify Lessee
within thirty (30) days or more expeditiously if possible of its
decision. In the event the damages are of such extent as to
reasonably prevent Lessee from operating within the demised
Premises, then Lessee shall have the right to terminate this Lease
and shall notify Lessor within the aforementioned time period, and
Lessee's obligation to pay rent as herein above provided shall
terminate upon receipt of such notice by the Lessor and surrender
Of the premises by the Lessee.
ARTICLE VIII - TAXES
It is the parties' understanding that the premises leased
herein are and shall remain exempt from property taxation, and that
Lessee's rent provided above does not include any amount due as
Property taxes or other taxes. It is further understood and agreed
that should real estate taxes be properly assessed against the
demised premises by the City of Bangor in its municipal govern-
mental capacity, or by other legal authority, then in such event
the Lessor shall be solely responsible for paying the full amount
of any such tax.
In the event that real estate taxes are assessed as a result
Of or arising from Lessee's lease of the premises, Lessor shall
have the right to terminate this lease upon notice to Lessee, in
which event rent for the year in which termination shall occur
shall be pro -rated between the parties.
ARTICLE 1COVENANT OF 0111ET ENJOYMNT
The Lessee, subject to the terms and provisions of this
Lease on payment of the rent, and observing, keeping and performing
all the terms and provisions of the Lease on its part to be
observed, kept and performed, shall lawfully, peaceably and quietly
have, hold, occupy and enjoy the demised premises during the term
hereof without hindrance or rejection by the Lessor or any other
persons.
ARTI X - LI Ne
The Lessor and the Lessee agree that each will promptly
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discharge (either by payment or by filing of the necessary bond or
Otherwise) any mechanics', materialmen's or other liens against the
demised premises, which liens may arise out of any payment due for
labor, services, materials, supplies or equipment which may have
been furnished to or for the Lessor or the Lessee, respectively.
via .
A. Lessor shall, at its sole expense and cost, throughout
the term hereto or any extension, keep and maintain the following
in the demised premises: all fixtures, including electrical,
doors, windows, floor and floor coverings, ceilings, walls, and
interior paint surfaces in good order and repair, and in tenantable
condition, damage by accidental fire and casualty. Lessor will
also be responsible for cleaning of the common area of the demised
premises, and Lessor shall provide access to rubbish receptacles
for deposit of Lessee's rubbish. Lessee shall be responsible for
cleaning the leased office.
B. Lessor shall, at its sole expense and coat, throughout
the term hereof or any extension, keep and maintain the following
n the demised premises: the building's major structural
Components: roof, structural walls, foundation, operating systems,
including heating, plumbing, and electrical systems except
fixtures, exterior paint surfaces. in good order and repair, and in
tenantable condition, damage by accidental fire and casualty and
reasonable wear and tear, as defined in this Article excepted.
Lessor will also be responsible for maintenance of parking areas,
landscaping and snowplowing.
ARTICLE XII - UTILITIES
Lessor shall pay the cost of all utilities furnished and
consumed on the demised premises, including electricity, gas, heat,
water and sewer user fees.
ARTICLE XIII - REMOVAL OF PROPERTY
A. Ownership of permanent improvements to the demised
premises, which may from time to time be made by Lessee that are
affixed to the property and are an integral part of the operating
systems of the structure as opposed to movable personal property,
shall automatically vest in the Lessor as a consideration of the
Lease and rental schedule.
B. Any movable personal property that may be located,
erected or installed on the demised premises by Lessee from time to
time during the term of this Lease shall remain the property of the
Lessee, and, upon termination or expiration of this Lease, Lessee
shall have the right to remove the same from the demised premises
within thirty (30) days of said termination. Any such property not
so removed within thirty (30) days from the date of termination.
shall become the property of the Lessor to be disposed of in such
way as the Lessor may deem fit. In the event Lessee elects to
remove said non -permanent improvements and other personal property,
the demised premises shall be returned as near as possible to their
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99-11
original condition existing at the commencement of this Lease,
damage by accidental fire and casualty and reasonable wear and tear
excepted.
C. In the event Lessee shall fail to remove any
non -permanent improvements or other personal property within thirty
(30) days from the date of termination or final expiration of this
Lease, Lessor shall be entitled to recover from the Lessee Lessor's
reasonable costs incurred in removing or disposing of such
non -permanent improvements or personal property. In such event,
there shall be deducted from Lessor's costs the fair value to the
Lessor actually realized from sale, use or other disposition of the
Particular improvements or personal property concerned.
ARTICLE XIV - SURRENDER OF POSSESSION
Subject to the provisions contained in Article XIII, the
Lessee shall, upon the termination of this Lease, surrender the
quiet and peaceable possession of the demised property.
ARTICLE XV - TERHINATION
It is covenanted and agreed that:
(1) If the Lessee shall neglect or fail to pay the rent or
other charges payable hereunder and such default shall continue for
a period of ten (10) days after written notice thereof by Lessor;
or
(2) If Lessee shall neglect or fail to perform or observe
any of the other covenants, terms, provisions, or conditions on
its
part to be performed, or observed, and such neglect or failure
shall continue for a period of thirty (30) days after written
notice thereof by Lessor, or if such covenants, terms, provisions
or conditions cannot be performed or observed within said thirty
(30) day period, if Lessee fails to diligently prosecute the curing
of such neglect or failure;
THEN, IN EITHER OF SAID CASES OUTLINED MOVE
(notwithstanding any license of any former breach of covenant or
waiver of the benefit hereof or consent in a form instance), the
Lessee may be considered in default hereunder, and the Lessor
lawfully may, immediately or at any time thereafter, and without
demand or notice, enter into and upon the said premises or any part
thereof in the name of the whole, and repossess the same as of the
Lessor's former estate without being deemed guilty of any manner of
trespass, and without prejudice to any remedies which might
otherwise be used for arrears of rent or preceding breach of
covenant. Upon such entry, this Lease shall terminate.
ARTICLE XVI - ASSIDDHENT. SALE AND qURLETTIXG
The Lessee shall not at any time assign, sell, convey or
transfer this Lease or any interest therein, or sublease or sublet
or rent the premises, or any part thereof, without the prior
written consent of the Lessor. In the event of an approved
99-I1
sublease, all provisions of this Lease shall extend to, bind and
inure to the benefit of not only the Lessor and Lessee but also
their successors and assigns.
ARTICLE %VII - AUTHORITY TO ENTER INTO AGREEMENT
The Lessor hereby represents and warrants that it has taken
all necessary procedural and legal stops as required by federal,
state and local laws and regulations for the purpose of authorizing
the execution of this agreement and that execution of this
agreement by the City of Bangor City Manager renders this agreement
a valid and binding document on the part of the Lessor and that the
same is fully enforceable in all of its terms and conditions by the
Lessee.
Lessee hereby represents and warrants that it has taken all
necessary procedural and legal steps are required under all state,
local and federal laws and regulations, and all necessary corporate
action to authorize the execution of this agreement by its under-
signed corporate officers and that upon such execution this
agreement is a valid and binding document on the part of the Lessee
and is fully enforceable in all of its terms and conditions by the
City of Bangor.
ARTICLE XVIII - WAIVER
Failure on the part of the Lessor to complain of any action
Or nonaction on the part of the Lessee no matter how long the same
may continue, shall never be deemed to be a waiver by the Lessor of
any of Lessor's right hereunder. Further, it is covenanted and
agreed that no waiver at any time of any of the provisions hereof
by Lessor, shall be construed aswaiver of any other provisions
hereunder, and that a waiver at any time of any of the provisions
hereof shall not be construed at any subsequent time as a waiver of
the Same provisions. The approval of Lessor of any action by the
Lessee requiring the Lessor's consent or approval shall not be
deemed to waive Or render unnecessary the Lessor's consent or
approval of any subsequent similar act by the Lessee.
Notices to the Lessor provided for in this Lease shall be
sufficient it sent by registered or certified mail, return receipt
required, postage prepaid to:
Bangor Humane Society
693 Mount Hope Avenue
Bangor, Maine 09901
Notices to Lessee, are to be sent by registered or certified
mail, return receipt requested, postage prepaid, addressed to:
Edward A. Barrett
City Manager
City of Bangor
73 Harlow Street
Bangor, Maine 04401
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or to such other respective addresses as the parties may designate
to each other in writing tram time to time.
ARTICLE XX - ALIDITy QP VlR I ULAR PROVISIONS
If any term or provisions of this Lease or the application
thereof to any person or circumstances is hereafter determined to
be to any extent invalid or unenforceable, the remainder of this
Lease or the application of such terms and provisions to persons or
circumstances other than those to which it is held invalid o
unenforceable shall not be affected thereby and such term and
Provision of this Lease shall be valid and be enforceable to the
fullest extend permitted by law.
ARTICLE XXI - CONSTRK TION
The headings appearing in the Lease are intended for
convenience and reference only, and not to be considered in
construing this Lease.
ARTICLE XX - NO P IP OR JOINT VENTURE CREATED
Nothing contained herein shall be deemed or construed as
creating the relationship of principal and agent or of partnership
or of joint venture between the parties, it being understood and
agreed that neither the method of computation of rent or any other
Provision contained herein nor any acts of the parties shall be
deemed to create any relationship between the parties other than
the relationship of landlord and tenant.
ARTICLE X NG LA
This Lease shall be governed exclusively by the provisions
hereof and by the laws of the State of Maine, as the same may from
time to time exist.
ARTICLE MTV - MEMORANDUM OF LPga;R
The parties agree not to record this Lease; however, upon
request of either, the other shall prepare and execute a Memorandum
of Lease in a form suitable for recording at the Penobscot County
Registry of Deeds, as evidence of Lessee's interest in the premises
demised herein.
ARTI E XX MENT TO LEASE
This Lease contains all the terms and conditions between the
Parties hereto and no alteration, amendment or addition hereto
shall be valid unless in writing and signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
��
19
Witness
99-I1
CITY OF BANGOR (y
(BY) L
(Title) City Manger
BANGOR HUMANE SOCIETY
(Title)
Page 9
OFFICE
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f VENTS ALL EXTERIOR' TRIM. SOFFIT
'ETER AND AND OVERHANGS TO BE WRAPPED