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HomeMy WebLinkAbout1996-10-16 96-414 ORDERCOUNCIL ACTION Date: 10-16-96 Item No. 96-416 Item/Eubject: ORDER: Authorizing the city Manager to Enter into a Lease Agreement with Eastern Maine Medical Center for a Portion of the Cascade Park Parking Lot for the Winter Months Responsible Department: City Manager For the past two winters, the City has leased 46 spaces in the Cascade Park parking lotto EMMC for parking. The spaces are leased at the going rate of $44 per month with the proceeds to go toward- capital. improvements at the Park. This item was reviewed by the Finance Committee at their October 7, 1996 meeting, and the Committee recommends your approval. n PARTMP.AIT HEAD Manager's Comments: This arrangement has worked well, and I recommend your approval. ofvt /ILTYIf CITY MANAGER Associated information: Order, Lease Agreement mucger xpprovar: FXN�ANCE DIRECTOR Legal Approval: �Af,y� ��l _Introduced For Passage First Reading Page_of Referral 96-414 Awipmdb ComiNor Soucy October 16, 1996 CITY OF BANGOR (TITLE.) (Orbrere .............. Authorizing the Cagy, Nnneger to Snter into a Lease Agreement with Eastern Maine Medical Center for a Portion of the Cascade Park Parking Lot for the Winter Months By 4w City Cosnett of As City ofBansor: t •ter ��, TMT the City Manager is hereby authorized to enter into a lease agreement with Eastern Maine Medical Center for a portion of the Cascade Park Parking Lot in accordance with the terms and conditions outlined in the attached lease agreement. In CITY COUNCIL October 16, 1996 Passed ITY CLERK 96-414 ORDER Title, Authorl¢ing the City Manager to Enter Into a Lease Agre went with Eastern Maine Medical Center for a Portion of the Months Cascade Perk Parking Lo[ far tfie Wintax ...... �+Aeeignedw JGY/C/ .................................... councilman LEASE AGREEMENT This LEASE AGREEMENT, executed in duplicate, tbiso?5 day of, 1996, by and between: CITY OF BANGOR, abody politic and corporate, duly organized and existing under and by virtue of the laws ofthe State of Maine, and being located in the County of Penobscot, State of Maine, (hereinafter sometimes referred to as the "City") as Lessor, AND EASTERN MANE MEDICAL CENTER, (hereinafter sometimes tenanted to as "EMMC') as Lessee. WHEREAS, the City ofBasigor is the owner of parking lot commonly known as the Cascade Park Parking Lot, located in the City of Bangor, County of Penobscot, State of Maine; and WHEREAS, Lases desires to lease from the City, and the City is willing to lease to the Lessee coram spaces on said parking IM for purposes of providing parking for its employees, Invitees and customers; NOW, THEREFORE, the parties do annually agree as follows: ARTICLEI PREMISES MILES The City, for and is consideration of the rents to be paid and the obligations to be performed by the Lessee as hereinafter provided, does hereby demise and lease unto the Lessee, and the Lessee does hereby demise, lease, take and hhe, upon and subject to the conditions hereinafter expresses, the following described property in its present condition, viz! Fortycigltt (49) parking spaces, to wit: said parking spaces being more clearly identified on plane for said lot attached hereto as E2ddbit"A'. ARTICLE E TFRM TO HAVE AND TO HOLD the demised premises unto the Lessee for a period of approvuately five (5) months communing on the 4th day ofNovember, 19% and expiring on the last day ofMmcb, EV. - - The usual to be paid "a Lessee to the City during the tam ofthis Agreement shall be payable in advance monthly payments. The rental rate shall be $33 per month per space. The Lessee shall pay all rentals herein required without prior demand therefore in lawful money of the United States, at the address ofthe City as herein set forth or at such other places as the City shall designate. ARTICI E N USH AND OCCUPANCY OF PMl,f[ S A The Lessee shall use and occupy Us premises herein demised for parking purposes for employees, invittts and customere, and for no other purposes whensoever without the expressed written prior consent of the City from 6:00 AM. to 10:00 P.M. B. The Lessee shall not use or occupy said premises in any manner as to knowingly violate may law or regulation of my duly constituted govenume tai authority. C. The Lessee shell be responsible kr insuring that its employees, invitees, and customers do not utilize the two handicapped parking spaces and the 16 parking spaces located mmmediatehy adjacent to Since Street These spaces shall terrain fret and open at all times for the use of the general public. D. Lessee shall be responsible for providing a separate and clearly identifiable parking pervtit to those employees, invitees, and customers who ens authorized to use the leased spaces. Lesson shall maintain a record of these individuals and vehicles so authorized; shall inform the City of the design and color of the permit; and shah make available to City, at its request, the records of authorized vehicles and individuals. E. EMMC my, at its own expease, install signage in and adjacent to the Cascade Park Parking Lot which designees the leased areas of this lot as Permit Parking only. Such signage must be approved by the Director of Parka and Recreation prior to installation. EMMC shall also be responsible for removing this signage and returning the lot to its original condition en the Winition of Us lease. F. Lessee shell have the exclusive discretion to de[amine the use and occupancy of the puniness by any thud persons, and shall have all rights to prohibit and remove any persons or vehicles as may occupy said premises without the Lessors permission so long w appropriate signage has been installed. G. The City, through its agues, shall have at all reasonable rimes the right to go upon and inspect the demised premises. H. The City, at its oven expense, shall maintain and keep in good repair the demised premises as required ander Article = of this Agreement. However, the parties hereto agree that ifduring the term of this Agreemem the demised premises shall be destroyed or so damaged by fere, earthquake, or other casualty so as to make it impractical or orange for Lessee, its tenevts, employees, invitces and custovwrs of its renounce to use the devised premises as contemplated herein, the City shall be under no obligation to rebuild or restore said premises to the same condition as prim to said casualty and the Lease will thereupon terminate. ARTICIF V INDEMNIE The Lessee shall indemnify and hold the City, its inhabitants, employees and agents, forever harmless from and against 9liability, loss or expense imposed upon the City, its inhabitants, employees and agents, by reason of Iegal liability for injuries to persons and damages w property cawed by any ad or omission, negligence or other misconduct in or about the demised premises by the Lessee, its employees and agents. Lessee's indemnification under this Article dull not extead to liability, losses or claims arising out of the negligent ams or omissions of the City in performing maintenance or repairs under Article IV above. The Lessee, in the use and occupancy ofthe leased premises, shell not unlawddly discriminate or permit unlawful discrimination against any person or group of persons in any mamaer ARTICLE VH The Lessee covenants, subject to the terms and conditions of this Agreement, on payment of the reed mad observing, keeping and performing all of the terms end conditions of this Agreement on its behalfto be observed, kept ant performed, shall lawfully, peaceably, and quietly have, hold, occupy and enjoy the demised premises during the tum hereof or any extension thereof without hindrance or rejection by the City. FITNRIAR-MI A. The City hereby represents ant wamats that it has taken all necessary, procedural and legal steps as required under all gone, local and Federal laws and regulations whatsoever, for the purposes of authorizing the execution oftitis Agreement and that the execution ofthis Agreement by its City Manager readers this Agreement avalid add binding document on the part of the City of Berger, its successors and assigns, and is My enforceable in all of its terms and conditions by the Lessee. B. The Lessee bereby represents and warrants that it has talent all necessary, procedural arta legal steps as required under 0 Stam, Local and Federal laws and regulations and all necessary action to authorize the execution adds Agreement, and that execution ofthis Agreement is a valid and binding dowment on the part ofthe Lessee, its successors and assigns, add is fully enforceable in all of its [eros and conditions by the City. ARTICLE IX TERMINATION " It is covenanted and agreed that: (a) If the Lessee shall neglect mfind to pay the red or other charges payable bereunder, and ouch default shall continue for a period often (10) days after written notice thereof by the City; or (b). If the Lessee shalt neglect or fail to perform or observe saw of the other covmmnts, tend.:, provisions, obligations or conditions on its part to be performed or observed wider this Lease and such defeat shell connote for a period often (10) days after written notice thereof by the City; or (c) Ifthe estate hereby created shah be taken on execution or by other process of law; or (d) Iftbe Lessee shall be dedared'banlrupt or insolvent according to law; or (e) If any assignment shall be made of the property of the Lesser for benefit of creditors; or (() If receiver, vustee in bankruptcy, or other similar officer shah be appoimed to take charge of ad or any substantial part of the Lessee's property by a court of competent jurisdiction; or (g) If a petition shall be Sled for reorganization of the Lessee under the provisions of the Bmduupicy Act now or hereinafter scooted, and such proceeding is not commenced within sixty, (6(t) days after it has begun; or (b) If the Lessee shall file a petition for reorganization or for mrangetvems under any provision of the Banlauptcy Act now or hseinafter enacted and providing a plan for the debtor to settle, satisfy or extend the time for payment of debts, then, in any of the above caves, the City lawfully may, i nrtediately or m any time thereafter, and without demand or notice, water into add upon the same premiss or my part thereof, in the name of the whole and reprises the same as the Citys former state, and expel the Lessee and those 4 claiming though or under it and remove it or their effects (forcibly, if necessary) without being demand guilty of any, manner of trespass, and without prejudice to any remedies which might otherwise be used for asream of road or preceding breach of reverent, and apor entry as aforesaid, this Lease shall terminate, and the Lessee coveralls and agrees to pay and be liable for payment of the rentals and other charges as if they were, order the teras of this Agreement, to become due ifthis Lease had not been so nominated or if the City had not entered or re-entered as afrmaid, less airy sums as may be recovered by the City by virtue of its leasing the demised premises to a thud party. ARTS X IMPROVEMENTS Upon termination of this Agreement, by normal expiration or otherwise, any improvements, structures or pessorW property erected or located upon the demised premises by the Lessee shall become the property of the City to be disposed of m any such way as it may deem fit. Notices to the City provided for in this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid to: City Ivlaoager, n ffmlow Street, Bangor, Maine 04401; and notices to the Lessee slap be sufficient if sent by registered or certified and, postage prepaid W: Kerneth Hews ExcautiYe Yace 2residat; EMWC A82 State Street. Bangor Maine 04401 or to such other respective persons at addresses as the parties may designate to each other in writing from time to time. A. All provision of this Agreement shall =and to, bind seat insure to the benefit of not only the City amd the Lessee, but also their successors and assigns. B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise transfer his interest or any pan thereof under this Agreement without the prior expressed written consent of the City. The City, at its own experae, shall reasonably mountain the demised premises, except for snow removal which shall be the sole responsibility of the Lessee, and all public streets, ways, sidewalks and parking areas abutting the demised prearses and shall provide remissible access thereto free and clear to vehicle and pedestrian traffic. Nothing herein shell prohibit the City, on a temporary basis, from denying access to said premises for purposes offulfdling its repair and maintenance responsibilities under this Agreement, and for the repair and maintenance of public areas abutting or near said premises. ARTICLE XIV WAR+&R Failure on the part of either parry to complain ofacy action or non -action on the part of theother,nomatterhowlongthesamemaycnati m,shellneverbedeemedtobeawniver by either part of any of the others rights hereunder It is covenmted and agreed that no waiver at any time of my of the provisions hereof by either party shall be construed as a waiver of any of the other provisions bereunder, and that a waiver 9 any firs¢ of my of the provisions hereof shall rut be construed at arty, subsequent time as a waiver of the share provisions. The approval by either party to or of any action by the other requiring consent or approval shall not be deemed un waive unnecessary the required consent or approval of any subsequent or similar anion by either Pary? UI mialM UMLai go If any term or provision of this Agreement or the application thereof to any person or arcums[ances to any evert be declared invalid or unenforceable by arty court of competent jurisdiction, the remainder of this Agreement, or the application of such terms and conditions to persons or circumstances other than those which have been held invalid or unenforceable, shah not be affected thereby, aM each term or condition ofthis Agreement shall be valid and be enforceable to the flaban extent permitted by law. Tire headings appearing in this Agreement are intended for convenience and reference only, and are not to be construed by the parties hereto or by arty third parties in consorting this Agreement Nothing contained herein shall be deemed or condoned by the partes hereto or by any third party as creating the relationship of principle and agent or of partnership or ofjoim venture between the parties hereto, it being understand and agreed that all provisions contained herein are intended to create me relationship betwem the parties of landlord and tmmt. This Lease Ageemem shall be governed conclusively by the provisions hereof and by the law of the. Some of Maine, as the same may from time to time mist F.tN •:•• OlwAxeisjus In accmarm with the provisions of Article 1961(vx1)(1) of the Federal Social Security Ac[, as amended, and the regulations promulgated pursuant thereto, until the expiration of four (4) years after the famishing of services pursuant to this Agreement, Lessor shall make available, upon written request, to the Secretary of the Department of Health and Human Services or to the Comptroller General of the United States, or any of their duly authorized representatives, this Ageement and the books, cormorants and records that are necessary to certify the nature and extent of costs inured by the Lessee in connection with this Agreement. If either Lessor or Lessee is roffired to disclose my boolq documents or records relevant to this Agreement for the purpose of an audit or investigation, such patty shall notify the other party of the nature and scope of men request and shall make available all such books, documents or records. IN WITNESS WHEREOF, the parties hereto have set thew bonds and seals the day and year first written above. C=OFBANGOR ♦� 'p c II/L do i�ilHyi Its City Manager :. Y : a u.:JJ. ur •. :_ N..YM sy Kemeth : IN Executive Vice President