Loading...
HomeMy WebLinkAbout1995-11-13 96-29 ORDERCOUNCIL ACTION Date: 11-13-95 Item No 96 29 Item/Subject: ORDER, Authorizing the City Manager to Enter into a lease Agreement with Eastern Maine Medical Centex for a Portion of the Cascade Park Parking Int for the winter Months Responsible Department: City Manager We have once again been approached by Eastern Maine Medical Center regarding the possibility of leasing spaces in Cascade Park over the winter. Attached you will find a copy of the lease which was used during last winter. As the Council will recall, that lease was for 48 parking spaces and was in effect for the period from December 12 through the last day of March, 1995. EMfC paid the City $33 per month per space, the, same amount we charge for on - grade downtown parking. The funds received from last year's lease were designated to go into a capital, project account unt for use to do major maintenance and enhancements to Cascade Park. The lease worked well and produced $5,]]4 for Cascade Park. I would recommend that a similar lease be entered into for this coming winter beginning on December 1 and running through the last day of March. Once again, the proceeds would be designated to the Cascade Park capital project account. nsPARTarRUT wean Manager's Comments: _ ..... _. .. ... !'ZTY Md UAFFR Associated Information: Order, lease Budget Approvalx BtknvrRs. TDR Legal Approval iTY oIZ ZTtDR troduced For Passage _ First Beading Page_O£_ Referral 96-29 M®gned Ao Csanaur Frankel November 13, 1995 CITY OF BANGOR (TITLE.) _Authorizing the City [manager to enter Into A Lease Agreement with Pastern Heine Medical Center for a Portion of the Cascade Park Parking Lot for the winter Months Py Am CHP CONMOU qFw My NBaawr: ORDERED, TEAT - the City Manager is hereby authorized to enter into a lease agreement with Pastern 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. INCITE Councli November 13, 1995 96-29 Passed _ O R D E R CITY CLERK Title, Authorizing the city Msvager to .Enter Into a Lease Agreement with Eastern Maine Medical Center bot a Portion of the Cascade Perk Pexkivg Lot for [M1¢ Wiv[ei lbpEM1e �...[. A. g.... ................ �... gpuneilman .. 96-29, is This LEASE AGREEMENT, executed in duplicate, flus 9th day of December, 1994, 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 Maine, and being located in the County of Penobscot, State of Maine, (hereivnder sometimes referred to as the "City") as Lessor, AND EASTERN MAINE MEDICAL CENTER, (hereinafter sometimes referred to as "EMMC") as Lessee. WITNESSETH WHEREAS, the City Of Bangor is the owner. of a parking lot commmuy known as the Cascade Park Parking Lot, located in the City of Bangor, County of Penobscot, State of Maine and WHEREAS, Lessee desires to lease from the City, and the City is willing to lease to clue Lessee certain spare on said parking lot for purposes of providing parking for its - employees, invitees and customers; NOW, THEREFORE, the parties do mutually agree as follows: ARTICLE i PREMISES The City, for and in comdultr ation of the rents to be paid and the obligations to he performed by the Lessee as bereinafter provided, does hereby demise and lease unto the Lessee, and the Leslie does hereby demise, )ease, take and lure, upon and subject to the coadirions hereinafter expressed, the following described property in its present condition, via: Porty-eight (49) parking spaces, to wit: said parking spaces being more clearly identified on plans for said lot attached hereto as Ekhibit "A". ARTICLE II TERM 96-291 q TO HAVE AND TO HOLD the dmmised premises unto the Lessee for a period of approximately four (4) months commencing on the 12th day of December, 1994 and expiring on the last day of March, 1995, ARTICLE M R&NTA The rental to be paid by the Lessee to the City during the term of this Agreement shall be payable in advance monthly payments. The rental mm shall be $33 per month per space. The Leasee shall pay all rentals herein required without prior demand the®fore in lawful money of the United States, at the address of the City as herein set forth or at such other places as the City shall designate. ARTICLE W USE AND OCCUPANCY OF PREMISES A. The Lessee shalt use and occupy the premises herein demised for parking purposes for employees, invitees and customers, aad for no other purposes whatsoever without the expressed written prior consent of the City from 6:00 A.M. to 10:00 P.M. E. The L.usee shall not use or Occupy said premises is any mmmu as to knowingly violate any law or regulation of any duly constituted govearmetual authority. C. The Lessee shall be responsible for insuring that its employees, invitees, and customers do not utilize the tow handicapped parking spaces and the 16 puking spaces located immediately adjacent to State Street. These spaces shall remain free and open at all tines for the use of the gactual public D. Lessee shall be responsible for providing a separate and clearly identifiable parking permit to those employees, invitees, and customers who are authored to use the leased spaces. Lessee shall maintain a record of those individuals and vehicles so authorized; shall inform the City of the design and color of she permit; and shall make available m City, at its requua, the records of authorized vehicles and individuals. E. EMhIC may, at its own expense, install signage in and adjacent to the Cascade Park Parking Lot which designates the leased areas of this lot as Permit Parking only. Such signage must be approved by the Director of Parks and Recreation prior to installation. EMMC shall also be responsible for removing this signage and returning the lot to its original condition at the exp'uation of [Itis lease. .. 2 96-R9 %6 F. L see shall have the exclusive discretion to determine the use and uccupanry of the 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 so long as appropriate signage bas been installed. G. The City, through its agents. shall have at all reasonable times the right to go upon and inspect the demised premises. H. The City, at its own expense, shall maintain and keep m good repair the demised premises as required under Article MU of this Agreement However, the parties hereto agree that if during the term of this Agreement the demised premises shall be destroyed or so damaged by fire, earthquake, or other casualty an as to make it impractical or unsafe for Lessee, its [moms, employees, invitees and customers of its terms to use the demised premises as contemplated herein, the City shall be under no obligation to rebuild or restore said premises to the same condition as prior to said casualty and the Lease will thereupon terminate. ARTICLE V INDEMNIFY The Lessee shall indemnify and bold the City, its inhabitants, employees and agents, forever brmless from and against all 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 is or about Ne demised premises by the Lessee, its employees and agents. Lessee's indemnification under this Article shall not extend to liability, losses or claims arising Out of the negligent acts or omissions of be City in performing maintenance or reports under Article N above. ARTICLE V NON-DISCRIMINATION The Leasee, in the use and occupancy of the leased premises, shall not unlawfully discriminate or permit unlawful discrimination against any person or group of persons in any manner. ARTICLE VII COV N kW OF 0= ENJOYMENT The Lessee covenants, subject to the terms and conditions of this Agreement, on payment of the rent and observing, keeping and Perforating all of the terms and conditions of this Agreement on its behalf to be observed, kept and performed, shall lawfully, peaceably, and quietly have, hold, occupy and enjoy the demists premises during the term hereof or any extension thereof without hindesto Or rejection by the City. 96-29 Q ARTICLE VIII U AUTHORITY TO ENTER INTO AGREEMENT A, The City hereby represents and warrants that it has taken all necessary, procedural and legal steps as required under all State, local and Federal laws and regulations whatsoever, for the purposes of authorizing the execution of this Agmusent and that the execution of this Agreement by its City Manager renders this Agreement a valid and binding document on the past of the City of Bangor, its successors and assigns, and is fully. enforceable in all of its [earns and conditions by the Lesson B. Ibe Lessee hereby represents and warrants that it has taken all necessary, procedural and legal steps as required under all State, Local and Federal laws and regulations, and all necessary action to autho nre the execution of this Agreement, and that execution of this Agreement is a valid and binding document on the pan of the Lessee, its successors and assigns, and is fully enforceable in all of its terms and conditions by the City MAKIACBM TERMINATION It is covenannd and agreed that (a) If the Lessee shall neglect or fail to pay the rent or other charges payable hereunder, and such default shall corembic for a period of ten (10) days after written notice thereof by the City; or (b) If the Lessee shall neglect or fail to perform or observe any of the Ober covenants, terms, provisions, obligations or conditions on its pan to be performed or observed under this Lease and such default shall continue for a period of ten (10) days after written notice thereof by the City; or. (c) If the estate hereby created shall be taken on execution or by other process of law; or (d) If the Lessee shall be declared bankrupt or insolvent according to law; or (e) If any assignment shall be made of the property of the Lessee for benefit of creditors; or (f) If a receiver, "ares in bankruptcy, or other similar officer shall be appointed to take charge of all or any substantial pan of the Lessee's property by a court of competent jurisdiction; or (lt) If a petition stein be fled for reorganization of the Lessee under the provisions of the Bankruptcy Act now or hereinafter enacted, and such proceeding is not commenced within sixty (60) days after it has begun; or 96-39 O v (h) If the Lessee shall file a petition for reorganization or for arrangements under any provision of the BardauP@Y Act now or lucrameer 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 cases, the City lawfully may, immediately or at any time thereafter, and without demand or notice, eater into and upon the same premises or any part thereof, is the name of the whole and repossess the same as the City's former estate, and expel the Lessee and those claiming through or under it and remove it or their effects (forcibly, if necessary) without beard, deemed guilty of any manner of trespass, and without prejudice many 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 covenants and agrees to pay and be liable for payment of the rentals and other charges as if they were, under the terms of this Agreement, to become due if this Lease bad not been so terminated or if the City had not entered or re-entered as aforesaid, less any sums as may he recovered by the City by virtue of its leasing the demised premises to a third party. wallfY11:Y.1 INIPROVElvvIPNTS Upon termination of this Agreement, by normal expiration or otherwise, any improvements, s racmres or personal property erected or located upon the demised premises by the Lessee shall become the prop" of the City to be disposed of in any such way as it may deem fit. ARTICLE XI NOTICILS Notices to the City provided for in this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid to: City Manager, 93 Harlow Street, Bangor, Maine Wol; and notices re the Lessee shall be sufficient if sent by regmured or certified mail, postage prepaid to: Kenneth Hews. Executive Vice President EMMC. 489 State Street, Barwor, kdabre 014f1 , or to such other respective persons at addresses as the parties may designate to each other in writing from time to tune. ARTICLE XII SUCCESSION AND ASSIGNABH.ITY A. All provision of this Agreement shall extent to, bind and insure to the benefit of not only the City and the Lessee, but also thew successors and assigns. B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise transfer his inner ad or any part thereof under this Agreement without the prior expressed written consent of the City. ARTICLE XIII ACCESS TO PREMISES 96-29 ( The City, at its own expense, shall reasonably maintain the demised premises, except for snow removal which shall be the sole responsibility of the Lessee, and all public strata, ways, sidewalks and parking areas abutting the demised promises and shall provide reasonable access thereto free and clear to vehicle and pedestrian traffic. Nothing herein shall prohibit the City, on a temporary basis, from denying access to said premises for purposes of fulfilling its repair and maintenance responsibilities under this Agreement, and for the repair and maintenance of public areas abutting or near said premises. ARTICLE XIV wAIV - Failure on the Pont of either party to complain of any action or non -action on Ne part of the other, no matter how Ione the same may combine, shall never be deemed to be a waiver by either part of any of the other's rights hereunder. It is coverunted and agreed that no waiver at any time of any of the provisions hereof by either parry shall be construed 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 same provisions. The approval by either parry to or of any action by the other requiring consent or approval shall not be deemed to waive unnecessary the required consent or approval of any subsequent or similar action by either party. ARTICLE XV MIALIDITY OF EARD VI AR PROVISIONS If any term or provision of this Agreement or the application thereof to 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 circumsmnces other than those which have been held invalid or unenforceable, shall not be affected thereby, and each term or condition of this Agreement shall he valid and be enforceable to the fullest extent permitted by law. ARTICLE XVI CONSTRUCTION The headings appearing in this Agreement One intended for convenience and reference Only, and are not to be connected by the parties hereto or by any third parties in construing this Agreement. Nothing wNaiaed herein shall be deemed or consumed by the parties hereto or by any third patty as creating We relationship of principle and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that all provisions 96-29 contained herein us intended to create the relationship between the parties of landlord and tenon. ARTICLE XVII GOVERNING LAW This Lease Agreement said be governed exclusively by the provisions hereof and by the law of the State of Maine, as the same may from time to time exist. ACCESS TO BOOKS AND RECORDS In accordance with the provisions of Article 1861(v)(1)(i) of the Federal Social Security Act, as amended, and the regulations promulgated pursuant thereto, until the - expiration of four (4) years after Ne furnishing 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 Centered of the United States, or any of their duly authorized representatives, this Agreement and the books, documents and records that are necessary to certify the home and extent of casts hammed by the Lessee in contraction with this Agreement. If either Lessor or Lessee is required to disclose any books, documents or records relevant to this Agreement for the purpose of an audit or investigation, such party shall notify the other parry of the nature and scope of such request and shall make available all such books, documents or records. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year find written above. �QQCITY OF BANGOR By7Q Wi as Edward A. Barren Its City Manager EASTERN MAIIN�� NE MEDICAL CCEENTM Witness R Hews Exch I� Executive Vice President w to 7 I� � �Rf3 YIMISER LURE � ' J� SII 35T 34.91 � ....... ......... -- . _ ._. 16 �Vpc[# B O xB SI M�. s• b a ® waT emnn. rn.� af.