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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. Page 2 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 Page 3 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 Page 4 99-11 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 Page 5 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 Page 7 99-11 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 1 1 BATHFill JLJ i- REMOVE EXISTINC ON GABLE ENDS NEW VINYL STOW( I(MATCH GRAY VI' U NEW BUILDING) STOP/COATS OFFICE EMPLOYEE ENTRANCE STOP EXHIBIT OA I f VENTS ALL EXTERIOR' TRIM. SOFFIT 'ETER AND AND OVERHANGS TO BE WRAPPED