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HomeMy WebLinkAbout1992-05-11 92-252 ORDERCOUNCIL ACTION Item No. 92-252 Date May 6. 1992 Item/Subject: Order Directing the City Manager to Execute A Parking Lease Agreement with Christopher Hutchins,. Trustee of Burgundy Realty Trust. Responsible Department: Community and Economic Development Commentary: As called for in the July 1991 agreement between the City and Burgundy Realty Trust, the City agrees to provide, Rod Burgundy Realty Trust agrees to lease a minimum of 29 parking spaces at the Pleasant Street Parking Lot. The lease rate shall correspond to the surface parking rate in downtown Bangor. The leased spaces shall be available to the general Public on nights, holidays and weekends. This proposed parking lease agreement was reviewed and recommended for approval by the Community and Economic Development Committee. a r ment ad Associated Information: Budget Approval: Finance Director City Solicitor A Passage _First Reading Page _1_ of 10 Referral 92-252 Assigned W Counaor Saxl May 11,1992 CITY OF BANGOR (TiTIE.) (Orber, .. A.!'_�:1.'.° ,nice city Manager to arecgce FarklnA Lease. Agreenent _. -- Bu'gunV Realty Trust By mt my riaamaoff C4 a($aapar: 0)ZDMMv THAT WERRRAS, the City of Bangor is the Owner of certain property in the area of Railroad, Pleasant and Front Streeter and has developed a public parking lot known as the Pleasant Street Parking Lot. WHEREAS, Burgundy Realty Trust is the Owner Of certain property located in proximity to the City's property; and WHEREAS, by an "Agreement^, dated July 23, 1991, between the parties, Burgundy Realty Trust is engaged in continuing project to rehabilitate and develop its said property; and WHEREAS, the parties wish to execute a parking lease as called for in the July 23, 1991 Agreement, NOW, TREREFORE, by the City Council of the City of Bangor be its ORDERED, TBAT the City Manager is hereby authorised and directed, on behalf of the City of Bangor, to execute cute a Parking Lease Agreement, a copy of which i attached hereto and on file in the office of the City Clerk, which is supplemental to the Agreement and Grant of Easements, dated March 19, 1990 and Agreement dated July 23, 1991. - 92-252 ORDER Council May 11,1992 - Title, Authorizing City Manager to Execute . ReFWns Rases, A$} ems t. Eppgundy„,„ Realty Trust „ uncilaan 92-25j�n A R LEASE AGREENENT This LEASE AGREEMENT, executed in duplicate, this day of , 1992, by and between: CITY OF BANGOR, a body politicand 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, (hereinafter sometimes referred to as the "City") �f CHRISTOPHER HUTCHINS, as Trustee of BURGUNDY REALTY TRUST under a Declaration of Trust dated July 1, 1988 and recorded in volume 4286, Page 209, Penobscot Registry of. Leads (here- inafter sometimes referred to as °Burgundy^). WITNESSETH WHEREAS, the City of Bangor is the owner of a parking lot commonly known as the Pleasant Street Parking Lot, located in the City of Bangor, County of Penobscot, State of Maine; and WHEREAS, Lessee desires to lease Certain spaces on said parking lot for purposes of providing parking for its employees, invitees and customers; and NOW, THEREFORE, the parties do mutually agree as follows: ARTICLE I PREMISES " 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 Lessee, 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, via: Parking spaces, to wit: said parking spaces being more clearly identified on plans for said lot attached hereto as Exhibit W. - "® TERM 92-252 TO HAVE AND TO HOLD the demised premises unto the Lessee for an initial period of five (5) years commencing on the first day of May, 1992 and expiring on the last day of April, 1997, unless sooner terminated as herein provided. After said initial term, said Agreement shall continue on a year-to-year basis unless terminated by either of the parties, upon written notice to the other at least thirty (30) days prior to the expiration of any such additional annual term. ARTICLE III ITM The rental to be paid by the Lessee to the City during the initial term of this Agreement shall be payable in advance quarterly payments. The rental rate shall correspond with the downtown Bangor surface parking rate which currently is $30 per month per space. Said rate shall be adjusted to reflect the changes in the downtown surface parking rate. The Lessee shall pay all rentals herein required without prior demand therefore 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 IV USE AND OCCUPANCY OF PREMISES A. The Lessee shall use and occupy the premises herein demised for parking purposes for its tenants, employees, invitees and customers of its tenants, and for no other purposes whatsoever without the expressed written prior consent of the City. Said exclusive rights shall be for the hours between 8:00 A.M. and 5,00 P.M. weekdays. The general public shall have the right to use such spaces after 5,00 P.M. and before 8:00 A.M. on weekdays and at anytime on holidays and weekends. B. The Lessee shall not use or occupy said premises in any nanner as to knowingly violate any law or regulation of any duly constituted governmental authority. - C. The Lessee shall have the exclusive discretion to determine the use and oncupancy of the premises by any third persons, and shall have all rights to prohibit and remove any persons or vehicles as may occupy said promisee without the Lessee's permission during the hours specified in Article IV A. 92-252 D. The City, through its agents, shall have at all reasonable times the right to go upon and inspect the demises premises. E. The City, at its own expense, shall maintain and keep in good repair .the demises premises as required under Article XIII of this Agreement. However, 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 so as t0 make it impractical or unsafe for Lessee, its tenants, employees, invitees and customers of its tenants 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. ARTICLE V INDEMNIFY The Lessee shall indemnify and hold the City, its inhabit- ants, employees and agents, forever harmless 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 inor about the demised premises by the Lessee, its employees and agents. ARTICLE VI NON-DISCRIMINATION The Lessees in the use and occupancy of the leased premises,. shall not unlawfully discriminate or permit unlawful discrimina- tion against any person or group of persons in any manner. ARTICLE VII COVENANT OF OOIET ENJOYMENT The Lessee covenants, subject to the terms and conditions of this Agreement, on payment of the rent and observing, keeping and .performing 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 demised premises during the term hereof or any extension thereof without hinderance of rejection by the City. ARTICLE VIII 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 92-252 whatsoever, for the purposes of authorizing the execution of this Agreement and that the execution of this Agreement by its City Manager renders this Agreement a valid and binding document n the part of the City of Bangor, its successors and assigns, and is fully enforceable in allofits terms and conditions by the Lessee. B. The 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 authorize the execution of this Agreement, and that execution of this Agreement is a valid and binding document on the part of the Lessee, its successors ssors and assigns, and is fully enforceable in all of its terms and conditions by the City. TERMINATION It is covenanted and agreed that, (a) If the Lessee shall neglect or fall to pay the rent or other charges payable hereunder, and such default shall continue 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 other covenants, terms, provisions, obliga- tions or conditions on its part to be performed or observed under this Lease and such default shall continue for a period of - thirty (30) 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, trustee in bankruptcy, or ether similar officer shall be appointed to take charge of all or any substantial part of the Lessee's property by a court of competent jurisdiction; or (g) If a petition shall be filed 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 92-252 (h) If the Lessee shall file a petition for reorganization or for arrangements under any provision of the Bankruptcy Act now or hereinafter 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, immedi- stely or at any time thereafter, and without demand or notice, enter into and upon the same premises or any part thereof, in the name of the whole and repossess thea me 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 being deemed guilty of any manner of trespass, and without prejudice to any 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 had not been so terminated or if the City had not entered or re-entered as aforesaid, leas any sums as may be recovered by the City by virtue of its leasing the demised premises to a third party. IMPROVEMENTS Upon termination of this Agreement, by normal expiration or otherwise, any improvements, 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 XI NOTICES Notices to the City provided for in this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid to: City manager, 73 Barlow Street, Bangor, Maine 04401; and notices to the Lessee shall be sufficient if sent by registered or certified mail, postage prepaid to: Bangor, main 04401, or to such other respective persona at addresses as the parties may designate to each other in writing from time to time. ARTICLE XII SUCCESSION AND ASSIGNABILITY A. All provision of this Agreement shall extend to, bind and insure to the benefit of not only the City and the Lessee, but also their successors and assigns. 92-252 B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise transfer his interest or any part thereof under this Agreement without the prior expressed written consent of the City, except that the Lessee shall have the right, the prior written consent to the City, to sublet all or a portion of the demised premises to any of its tenants for a period not to exceed their tenancy within the Lessees structure abutting the demised premises or the term of this Agreement, whichever is less. In no event shall the Lessee be relieved from any obligations under this Agreement by virtue of any such subletting. ARTICLE XIII ACCESS TO PREMISES The City, at its own expense, shall reasonably maintain the demised promisee, including snow removal, and all public streets, ways, sidewalks and parking areas abutting the demised premises and shall provide reasonable access thereto free and clear to vehicle and pedestrian traffic If in the event of excessive snowfall the City is unable to clear the demised premises and provide reasonable access thereto within 36 hours of the expiration of said snowfall, the Lessee shall be permitted to take reasonable action to clear said premises by its own means. All costs so incurred shall be credited towards future rental under this Agreement. Nothing herein shall prohibit the City, on a temporary basis, from denying access to said promises 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 Failure on the part of either party to complain of any action o -action on the part of the other, no matter how long the same may continue, shall never be deemed to be a waiver by either part of any of the other'® rights hereunder. It is covenanted and agreed that no waiver at any time of any of the provisions hereof by either party 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 party 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. 92-252 ARTICLE XV INVALIDITY OF PARTICULAR PROVISIONS If any term or provision of this Agreement or the applica- tion thereof to any person or circumstances to any extent be declared invalid or enforceable by any court of competent jurisdiction, the remainder of this Agreement, or the application of such terms and conditions to persona or circumstances other than 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 RVI CONSTRUCTION The headings appearing in this Agreement are intended for convenience and reference only, and are not to be construed by. the parties hereto 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 relationship of principle and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that all provisions contained herein e intended to create the relationship between the parties of landlord and tenant. TICLE XVII Concurrently with the execution hereof, both parties shall saicute a -called "Certificate of Lease" in cordable form, d instrument to contain such provisions as shall be reasonably acceptable to counsel for both parties. This Agree- ment shall not, however, be recorded by either party. ARTICLE XVIII GOVERNING LAW This lease Agreement shall 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. 92-252 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR By Witness Edward A. Barrett Its City Manager By Witness Christopher Hutchins, Trustee Burgundy Rey Realty Trust C'