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
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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
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Aeugned tt.
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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
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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
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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