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