HomeMy WebLinkAbout1995-06-26 95-291 ORDERCOUNCIL
Date Tune 26. 1995 Item No.55y 91_
Item/Subject: Authorizing and Directing the City Manager to
Execute Lease Agreement with Baltimore Nater Front
Associates
Responsible Department: Community & Economic Development
Commentary:
As previously discussed with the Community and Economic
Development Committee, this lease agreement addresses' the lease of
9. parking spaces to Baltimore Water Front Associates,r of
Union Plaza. The lease rate is the public parking surfacerate
(currently $33 per month). A ma intenance credit in the amount of
$4 monthly, would be appliedto such rate. The Lessee is
responsible for snow removal, sanding, striping and marking of the
parking area. - (/✓//�J�
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Manager's Comments:
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City Manager
Associated Information:
Finance Director
City Solicitor
Introduced For
X Passage
_ First Reading Page 1 of _
Referral - - - -
95-291
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CITY OF BANGOR
(TITLE.)QDrUr---- ------- ..........Authorizing ..and ...airectiny_city -managar..to.......
Execute Lease Agreement with Baltimore Water Front Associates
BY W CAR CnxsaM aft City of Be .'
QRD)dREDt
THAT
WHEREAS, the City of Bangor is the owner of certain
property located adjacent to Union Plaza; and
WHEREAS, this property has recently been improved
into a parking area; and
WHEREAS, Baltimore Water Front Associates desires to
lease such parking area for the purposes of providing parking for
employees, invitees and customers of Union Plaza;
NOW, THEREFORE,BE IT HEREBY OROEREO THAT THE CITY
MANAGER be authorized and directed to execute a lease agreement
with Baltimore Waterfront Associates for the lease of such parking
area for an initial term of three years.
IN CITY COUNCIL
June 26, 1995
Pa
CITY TER
95-291
ORDER
Title, Authorizing and Directing City
Manager to Execute house Agreement with
Baltimore Water Front Associates.
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95-291
LEASE AGREEMENT
This LEASE AGREEMENT, executed in duplicate, this day of
1995, by and between:
CITY OF BANGOR, a body politic and corporate, duly organized and existing under
and by virtue of the laws of the State of Main, and being located m the County of
Penobscot, Smm of Maim, (hereunder sometimes referred to as the "City")
AND
BALTIMORE WATERFRONT ASSOCIATES, a body commate, located in Bangor,
County of Penobxm, Stare of Maine (hereinafter sometimes referred to as
"LESSEE").
WHEREAS, the City of Bangor is the owner of a parking lot located adjacent to
Union plaza, located in the City of Bangm, County of Penobscot, State of Maine; and
WHEREAS, Lessee desires to lease said parking lot for purposes of providing parking
for the employees, invmes anal customers of Union Plaza; and
NOW, THEREFORE, the parties do mutually agree as follows:
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The City, for and in 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
Lesser, and the Lessee does hereby demise, lease, take and hire, upon and subject to the
conditions hereinafter expressed, the following described property in its present condition,
viz
Nine (9) parking spa=s, to wit: said parking spaces being more clearly
identified on plans for said lot numbed hereto as Exhibit W.
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ARTICLE if
TO HAVE AND TO HOLD the demised premises unto the Lessee for an initial
period of three (3) years commencing on the first day of July, 1995 and expiring on the last
day of Jure, 1998, unless sooner terminated as herein provided. After said initial ream, said
Agreements shall continue on a year-to-year basis unless terminated by either of the parties,
upon written entice to the other at least thirty (30) days prior an the expiration of any such
additional annual term.
ARTICLE III
1-11Q0 M0
The rental to be paid by the Lessee to the City during the initial term of this
Agreement shall be payable in advance monthly. The rental rate shall correspond with the
downtown Bangor surface parking rate which currently is $33 per month per space. Said
tate shall be adjusted on the anniversary date of the lease an reflect the changes in the
downtown surface parking rare. A maintenance credit shall be applied to such rate as
provided for in Article IV.
The Lessee shall pay all mortals herein retuned without prior demand therefore in
lawful money of the United States, at the address of the City as herein act forth or at such
other places as the City shall designate.
MAINTENANCE OF PREMISES
The Lessee, at its sole expense, shall maintain and kap in good repair the nirc (9)
parking spaces demised under Article I.
The Lessee shall be responsible, at a minimum, to perform the following maintenance
items:
(a) Snow, removal and sanding during the winter season, as nccessary;
(b) Regular striping said marking of puking spaces, as necessary.
The Lessee shall receive a credit a $4.00/month per space ($36.00) against the rental
to Ix paid by the Lessee in accordance with Article M above, in recognition of Lessee's
assumption of maintenance responsibilities. -
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ARTICLE V
USE AND OCCUPANCY OF PREMISES.
A. The Lessee shall use and occupy the premises herein demised for parking
purposes for its tenants, employers, invitees and customers of its tenants, and for no, other
purposes whatsoever without Ne expressed written prior consent of the City.
B. The Lessee shall rpt use or occupy said prenises in any maoner as in
knowingly violate any law or regulation of any duly cmusimted governmental authority.
C. The Lessee shall have the exclusive discretion to determine the use and
occupancy of she premises by any third persons, and shall have all rights to prohibit and
remove any persons or vehicles as may occupy said premises without the Lessor's
Permission.
D. The City, through its agents, shall have at all reasonable times the right to go
upon and inspect the demised premises.
E. The parties hereto agree that if during the term of this Agreement the demises
premises shall be destroyed or so damaged by fire, earthquake, or other casualty an as to
make it unpractical M unsafe for Lessee, its tensors, employees, invitees and customers of its
tenants to use the demised premises as contemplared herein the City shall be under no
obligation to rebuild or restore said premises to the same condition as prior to said casualty.
ARTICLE VI
INDEMNIFY
The Lessee shall indemnify and hold the City, its inhabitants, employees ant agents,
forever bartnless from and against au liability, loss or expense imposed upon the City, its
inhabitants, employees and agents, by reason of legal liability for injuries to persons and
damages to property caused by any act or omission, negligence or other misconduct in or
about the demised premises by the I see, its employees and agents.
The Lessee, in the use and occupancy of the leased premises, shall not unlawfully
discriminate or permit unlawful discrimination against any person or group of forams in any
manner.
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ARTICLE VIII
The Lessee covenants, subject to the terms and conditions of [Ills Agreement, on
payment of the cart and observing, keeping and perfomdng all of the terms and conditions of
[Ills Agreement on its behalf to be observed, kept and performed, shall lawfully, peaceably,
and quietly have, hold, occupy and enjoy the demised premises during the tam hereof or any
extension thereof without hiademnce or rejection by the City.
ARTICLE IX
AUTHORITY TO ENTER INTO AGREEMENT
A. The City hereby represents and warrants that it has taken all recessary,
procedural and legal steps as required under all State, local and Federal laws and regulations
whatsoever, for the purposes of authorizing the execution of Nis Agreement and that the
execution of this Agreement by its City Manager readers Nis Agreement a valid and binding
document on the pan of the City of Bangor, its successors and assigns, and is fully
enforceable in all of its terms and conditions by the Ussee.
B. The Lessee hereby represents and warrants Nat it has taken all nvxessary,
procedural and legal steps as required under all Stere, Local and Federal laws and
regulations, and all necessary action to autboris the execution of this Agreement, and that
execution of this Agreement is a valid and binding document on the pant of the Lessee, its
successors and assigns, and is fully enforceable in all of its terms and conditions by the City.
ARTICLE X
TERMINATION
It is covenanted and agreed that:
(a) If the Lessee shall neglect or fail to pay the rent or other charges
payable hereunder, and such default shall coutinue for a period of len
(10) days after written notice thereof by the City; or
(b) If the Lessee shall regia[ or fail to perform or observe any of the
other covenants, terms, provisions, obligations or conditions on its pan
to be performed or observed under [Itis Lease nod such default shall
continue for a period of thirty (30) days after written notice thereof by
the City; or
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(c) If the estate hereby created shall be taken on execution or by other
process of law; or
(d) If the Lessee adult be declared bankrupt or insolvent according in
law; or
(e) If any assignment shall be made of the property of the Lessee for
benefit of crechum; or
(f) If a receiver, trustee in bankraptcy, or other similar officer shall be
appointed to take charge of all or any substantial part of the Ussee's
property by a court of compnem jurisdiction; or
(g) If a petition sball be filed for reorganization of the Lessee under the
provisions of the Baokmptcy Act now or hereinafter marred, and such
proceeding is nm commemed widen sixty (60) days after it has begun;
or
(h) if dre Lessee shall Me a petition for motgawzition or for armngemerrts
under any provision of the Bankruptcy Act now or hereinafter emitted
and providing a plan for the debtor to settle, satisfy or extend the time
for payment of debts,
then, w any of the above cases, the City lawfully may, immediately or at any time
thereafter, and without demand or notice, enter inm and upon the same premises many part
thereof, is the name of the whole and repossess the same as the City's former estate, and
expel the Ussee and Nose claiming through or under it and remove it or their effects
(forcibly, if necessary) without being deemed guilty of arty rimer of trespass, and without
prejudice in ivy remedies which might otherwise be used for arrears of rent or preceding
breach of covenant, and upon entry as aforesaid, this Lease shall terminate, and the Lessee
covenmes and agrees in pay and be liable for payment of the rentals and other charges as if
they were, order the temps of this Agreement, no become due if this Lease had not been so
terminated or if Ne City bad not entered or reentered as aforesaid, less arty sums as may be
recovered by the City by virtue of its leasing the demised premises to a third parry. -
ARTICLE M
nae 193aY/9S I V Ca K:
Upon mmnmation of this Agreement, by normal expiration or otherwise, any
improvemei, structures or personal property erected or located upon the demised premises
by the Lessee shall become the property of the City to be disposed of in any such way as it
may deem fit.
ARTICLE XII
NOTICES
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Notices N Ne City provided for in this Agreement shall be sufficient if sent by
registered or certified mail, postage prepaid to. City Manager, 73 Harlow Sheet, Bangor,
Maine 04401; and ounces N the Lessee sball be sufficient if sent by registered or outified
mail, postage prepaid to: Baltimore Waterfront Associates, 136 Union Street Banner
Maine 04401. or to such other respective persons at addresses as Ne parties may designate
to each other in writing from tiros an time.
ARTICLE X111
A. All provision of this Agreement shall extend to, bind and insure to me benefit
of not only the City ard the Lessee, but also their successors and assigns.
B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise transfer
his interest or any part dwreof under this Agreement without the prior expressed written
coment of the City, except Nat the Lessee shall bave the right, without me prior written
comem to the City, to sublet all or a portion of me d mued premises to any of its terns for
a period not to exceed their tenancy within me Lessee's structure abutting me demised
premises or the term of Nis Agreement, whichever is less. In no event shall the Lessee be
relieved from any obligations order this Agreement by virtue of any such subletting.
4�1
ACCESS TO PREMISES
The City shall maintain ways, sidewalks and parking areas abutting the demised
premises in order to permit reasonable access to me demised premises. Nothing herein shall
prohibit the City, on a temporary basis, from denying access N mid premises for the repair
and maintenance of public areas abutting or year said premises.
ARTICLE XV
WAIVER
Failure on me part of rimer party to complain of any action or non -action on Ne part
of the other, no matter bow long the same may common, sball never be deemed to be a
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waiver by either part of any of the other's rights hereunder. It is covenanted and agreed that
no waiver at any time of any of the provisions hereof by either party shall be combined as a
waiver of any of the 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 some
provisions. The approval by either parry to or of any action by the other requiring consent
or approval shall not be deemed to waive usmeassary the required consent or approval of
any subsequent or similar action by either party.
ARTICLE XVI
If any term or provision of this Agreement or the application thereof in any person or
circumstances to any extent be declared invalid or unenforceable by any court of competent
jurisdiction, the remainder of this Agreement, or the application of such terms and conditions
to persons or cvamstances other dean those which have been held invalid or unenforceable,
shall not be affected thereby, and each term or condition of this Agreement shall be valid and
be enforceable to the fullest extent permitted by law.
ARTICLE XVII
CONSTRUCTION
The headings appearing in this Agreement are intended for convenience and reference
only, and are not to be construed by the parties harem or by any third parties in construing
this Agreement. Nothing contained herein shall be deemed or construed by the parties hereto
or by any third party as creating the relatim ship of principle and agent or of partnership or
of joint venture between the parties hereto, it heing understood and agreed that all provisions
contained herein are intended to create the relationship between ted partes of landlord and
(seem.
ARTICLE XVIII
Concurrently with the execution hereof, both parties shall execute a so-called
"Certificate of Lease" in recordable form, said ingmment to contain such provisions as shall
be reasonably acceptable to counsel for both parties. This Agreement shall not, however, be
recorded by either party.
ARTICLE XIX
GOVERNING LAW
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This tease Agreement shall be govervnd exclusively by the provisions hereof mM by
the law of the State of Maine, as the same may from time to time exist.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first written above.
CITY OF BANGOR
HY
Witness Edward A. Haran
Its City Manager
BALTIMORE WATERFRONT ASSOCIATES
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