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HomeMy WebLinkAbout1992-04-27 92-231 ORDERCOUNCIL ACTION Item No. 92-231 Date April 22 1992 Item/Subject: Lease of Central Lot Responsible Department: Community and Economic Development The prospective buyer of the Norumbega Cafe, Steven C. Langley, desires to lease the City -owned vacant lot at 24 Central Street, for an outdoor eating area for the restaurant, as did the previous own Dan Tremble. Re also seeks permission to place 2 above ground propane tanks in the rear corner of the lot to serve the restaurant. Code Enforcement has approved the tanks. The Leasee will be responsible for maintenance and cleanliness of the lot. Approvalq is recommeMed. De ertmene -ill iiiiiiiiiiiiiijill 'III I'llillillillillilillililillillilI 1111 111111111111111111111111111 Ill IIII'lll!�11111 I Budget Approval: Finance Director City Solicitor X Passage _first Reading Page I of Referral 92-231 Aoipmd to Chased Blanchette April 27, 1992 CITY OF BANGOR (TITLE) (909r, ,Authors SUS Lease.. of yacrat Let at 24 Central Street t- _..._ _... ........... By Mw CBy C!emmo! of W City of Bangor: ORDERED, THAT the City Manager is hereby authorized to execute a Lease Agreement, a copy of which is on file in the Office of the City Clerk, between the City of Bangor and Steven C. Langley, d/b/a Morumbega Cafe, for the use of the vacant lot at 24 Central Street in connection with the operation of Morumbega Cafe located at 34 Central Street; and BE IT FURTHER ORDERED THAT the City Manager is hereby authorized to execute a license for installation of propane tanks on the rear of the vacant lot at 24 Central Street between the City of Bangor aM Steven C. Langley d/b/a Norumbega Cafe in connection with the operation of Horumbega Cafe located at 34 Central Street. 92-231 0ROER Title, Authorizing lease of Vacant Lot at 24 Central St [O.StEYCP. S. LAPg}EY. D(B(ANombegaCEfe In City Council spill 27.1992 - Passed 0 .� as r. ' .� Aeugned tt. Cl ,,, Councilman , 92-231 LEASE THIS AGREEMENT, made this day of May, 1992, by and between the CITY OF BANGOR, a municipal corporation organised and existing under the laws of the State of Maine ('LESSOR-) and Steven C. Langley of Winterport, d1bla Norumbega Cafe (•LESSEE^). WITNESSETN: WHEREAS, LESSOR is the owner of a vacant lot of land at 24 Central Street in the City of Sangurl and WHEREAS, LESSEE wishes to lease the same for use in connection with LESSEE's existing cafe business at 34 Central Street in Bangor, NOW, THEREFORE, it is mutually agreed as follows: 1. TEM. LESSOR hereby leases to the LESSEE the vacant lot at 24 Central Street for a term of ten (10) years, commencing May 1, 1992. 2. RENT. As a condition of this Lease, LESSEE agrees to pay to LESSOR the following some as rent on or before May let of each lease year; the initial year's rent to be paid upon execution of this Ssase: 92-231. -2- year Amount 1992 $250.00 1993 250.00 1994 300.00 1995 300.00 1996 350.00 1997 350.00 1998 400.00 1999 400.00 2000 450.00 2001 450.00 3. !ISE OF PREMISES. As a condition of this Lease, LESSEE agrees that the premises Shall be used for outdoor cafe seating for customers of LESSEE's existing Cafe business at 34 Central Street. This use shall include the right to establish an Outdoor grill, subject to license by the City of Bangor Code Enforcement and Health Departments, and to set up and store tables, chairs and related items on the premises in a secure and orderly manner. LESSEE may also make such nen-permanent improvements to the premises as shall be necessary to facilitate cafe seating and to Improve the appearance of the lot. LESSEE may, consistent with City Of Bangor ordinances, construct a non -permanent fence or other barrier on the premises to screen customer uses from road traffic. The premises shall be put to no other use without prior written consent of the LESSOR. 4. CONDITION OF PREMISES. As a condition of this Lease, it is agreed that the surface layer of compacted Stone dust and the vertical wall Owned by the LESSOR End located on the northeast side of the lot is accepted by the LESSEE in existing condition. The LESSOR provides no warrantee nor assumes no responsibility for the condition of walls or property Owned by other parties. i- 92-231 5. MAINTENANCE. It is agreed that LESSOR Shall maintain the premises in a safe and attractive condition while this Lease remains in effect. LESSEE Shall also be responsible for daily removal of all trash, debris or waste from the premises, whether occasioned by customer use or otherwise. 6. TERMINATION. It is agreed that either party may terminate this Lease by giving prior written notice to the other at any time during the period January, 1 to April 30 of each rental year. Notice under this paragraph and for all other purposes shall be sufficient if delivered by regular U.S. mail to LESSOR at City Nall, 73 Review Street, Rongor, Maine 04401, and to LESSEE at 34 Central Street, Bangor, Mine, 04401. 7. I SL a CE. During the term of this Lease, and as a condition hereof, it is agreed that LESSEE shall maintain general liability insurance coverage sufficient to cover LESSEE'S intended use of the premises, said insurance to be in the following amounts, Per person - $300,000.00 Per occurrence - 600,000.00 LESSOR shall be named as a co-insured under any such policy, a copy of which shall be furnished to the Bangor City Solicitor. S. eEFAULLm. Failure to pay the required rents, or use of the previous in any fashion inconsistent with this Lease, or in a manner contrary to applicable Bangor City Ordinances, shall 'constitute a default; and if continued for a period of thirty (30) days following written notice of the same, shall entitle LESSOR to immediately terminate this Lease and to take immediate possession of the premises. 92-231 -4- 9. AGREEMENT ENTIRE. This Lease represents the entire understanding of the parties with respect to the lease of 29 Central Street to the LESSEE.. WITNESS the following hands and seals the day and year first written above. CITY OF RANCOR Witness (BY) Edward A. Barnett Its City Manager LESSEE Steven C. Langley d/b/a Norumbega Cafe State of Maine Penobscot, as. May , 1992 Then personally appeared the above-named Edward A. Barrett, in hie capacity as City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate Before me, Notary Public Printed Names Terri Lee Corey My Commission Expiresz 12/22/96 State of Maine Penobscot, as. May , 1992 Then personally appeared the above-named Steven C. Langley, in his capacity as Owner of Worumbega Cafe, and acknowledged the foregoing instrument to be his free act and deed in his said capacity. Before me, Attorney -at -Law Printed Names 92-231 LICENSE FON INSTALLATION OF PROPANE TANKS THIS AGREEMENT made this _ day of Nay 1992 by and between the CITY OF BANGOR, a municipal corporation (hereinafter called 'LICENSOR") and Steven C. Langley d/b/a Norambega Cafe (hereinafter called 'LICENSEE'). WITNESSETH WHEREAS, the LICENSEE is the lessee of the building located at 34 Central Street, Bangor, Mine; and WHEREAS, a portion of said building is to be operated for use as a restaurant; and WHEREAS, it is necessary for propane gas to be supplied to said restaurant; and WHEREAS, there is no viable location on the premiums occupied by said building for propane storage tanks; and WHEREAS, the LICENSOR is the owner of a certain parcel Of land located nearby to said premises at 24 Central Street; and WHEREAS, the parties have agreed to enter into an arrangement whereby the tanks will be located in said lot for purposes of serving said building, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter expressed, the parties hereto agree as follows, 1. LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions hereinafter stated, the certain premises located in the extreme northeast rear corner of the vacant lot at 24 Central Street. 2. Said premises may be used by LICENSEE solely for the purpose of installing, operating and maintaining three maximum 100 -gallon capacity storage tanks and distribution system for the sole purpose of providing propane gas to a restaurant to be located in the building at 34 Central Street, Bangor, mine. Plane fax said tank and distribution system Shall be reviewed and approved in writing by the Director of Code Enforcement and Fire Prevention prior to installation and shall be kept on file in the Office of Code Enforcement and Fire Prevention, City Hall, Bangor, Hain. 2- 92-231 3. LICENSEE shall make no alterations, removal, additions or replacements to said tank and gas distribution system without obtaining written approval from the Director of Code Enforcement and Fire Prevention. 4. All installations, replacements of tanks, and piping, connections, and other accessory equipment in connection therewith necessary for the operation of said propane tanks and distribution system, shall always be the property of the LICENSEE. S. All installations, construction, operation and maintenance of said tank and distribution system shall be accomplished by LICENSEE at its sole coat and expense and in such manner as will at all times after installation antl during the term hereof, or any extension hereto, comply with the minimum requirements of all applicable laws and codes and will enable LICENSOR, or others so authorised by LICENSOR, to use the subject premises as a public park and for other public purposes. In the event future construction or uses of the premises by the LICENSOR, or others a authorized by LICENSOR, necessitates the removal or relocation of said tank and distribution system, Licensee agrees that it shall make all such changes at its own coat and expense. 6. It is understood that the right of use and/or install said storage tank and lines and distribution system shall not be construed as authorizing the conduct of a separate business by LICENSEE and that LICENSEE shall not use propane gas stored in said tank for any purpose other than serving said restaurant. ]. LICENSEE shall pay to the LICENSOR for the privileges afforded herein the sum of One and 00/100 Dollar ($1.00) per Rands, payable in advance, at the office of the City Treasurer, City Hall, Bangor, Maine. B. The term of this Agreement with the rights and privileges herein granted shall he for the period commencing 1992 and expiring on 1993. Either party may cancel and terminate this Agreement upon sixty (60) days' written notice to the other party, or in the event the terms and conditions hereof are not fulfilled, or in the future event the terms antl conditions hereof are not fulfilled, or in the future event that LICENSEE abandons the use of the premises for the purposes herein stated. in the event of termination of this Agreement under any circumstance set forth above, LICENSEE shall, unless the parties otherwise agree, remove all improvements from the premises and restore the same in a manner satiefactory to LICENSOR, if -3- 92-231. _'! LICENSEE fails to so remove and restore within thirty (30) days after receipt of a written notice to do so, LICENSOR may do such cork at the expense of LICENSEE. In such event, LICENSEE agrees to reimburse LICENSOR for said expenses within thirty (30) days from receipt of an invoice form LICENSOR. 9. LICENSEE, at its own expense, shall keep in force insurance in amounts, kinds and companies satisfactory to the LICENSOR, for the protection of LICENSOR against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from said LICENSOR by reason or on account of damage to the property of, injury to, or death of any person, under any circumstances when such damage, injury or death is due to any act or thing done or neglected to be done by LICENSEE in connection with the use of said premises for the operation of said propane tanks and distribution system. All such insurance policies or certificates of insurance shall be delivered to and held by the City Clerk of the City of Bangor. 10. LICENSOR shall not be liable to LICENSEE for any injury to or death of any person or for any damage to any property caused by LICENSOR or any of its officers, agents or employees or lessees i the maintenance or operation of said premises whether such injury, death or damage is due to negligence or otherwise, all claims for any such injury death or damage being hereby expressly waived by LICENSEE. - 11. LICENSEE agrees to abide by and be subject to all rules and regulations which are or which from time to time may be promulgated by the Director of Community Development of the City of Bangor affecting the operation and use of said lot. 12. LICENSEE, in performing this Agreement, shall not discriminate against any worker, employee or applicant, or any member Of the public, because of race, creed, color, religion, age, sex or national origin or handicap. 13. LICENSEE agrees to indmmllfy, defend, and hold LICENSOR harmless from and against all liabilities, judgments, costa, damages, and expenses which may accrue against, be charged to, or be recovered from LICENSOR by reason or on account of damage to the property of LICENSOR or the property of, injury to or death of any person, arising from LICENSEE•s use and occupancy of and operations in said lot, including acts of its agents, contractors, subcontractors, except when caused by LICENSOR's sole negligence or by the joint negligence of LICENSOR and any other person other than LICENSEE, its agents, contractors, and Subcontractors; provided that LICENSOR shall give LICENSEE prompt and timely notice of any claim made or suit instituted which, in any way affects the LICENSEE or its insurer. My final judgment rendered against LICENSOR for any cause for which LICENSEE in liable hereunder shall be conclusive against LICENSEE as to liability in amount and shall be paid by LICENSEE. r. ,.. 92-231 -4- 24. Notices to LICENSOR provided for herein may be sent by registered mail, postage prepaid, addressed to the City Manager, City of Bangor, 13 Harlow Street, Bangor, Maine, 04401, and notices to LICENSEE provided for herein may be sent by registered mail, postage prepaid, addressed to Steven C. Langley, c/o Norumbega Cafe, 34 Central Street, Bangor, Maine 04401, or in either case, to such other respective parties and addresses as the Parties hereto may designate in writing from time to time and such notices shall be deemed to have been given when no sent. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR (Licensor) Witness By Edward A. Barrett STEVEN C. LANGLEY (Licensee) Witness STATE OF MAINE Penobscot, as. I May , 1991 Then personally appeared the above-named Edward A. Barrett and acknowledged the foregoing instrument to be his free act and deed in his said capacity, End the free act and deed of said body corporate. Before me, Notary Public/Justice A ­of the Peace Printed New ( ) STATE OF MAINE Penobscot, as. May 1992 Then personally appeared the above-named Steven C. Langley and acknowledged the foregoing instrument to be his free act and deed in hie said capacity, and the free act and deed of said body corporate. Before me, Attorney -at -Lew Printed Namet