HomeMy WebLinkAbout1991-01-14 91-70 ORDERcK, w eaQ a v_ $i/
CnumJ A—.-
9
91—)0
Date 1-14-9.1 Item No.
item/Subject: Authorizing Execution of New Lease Agreement with The
Bangor Youth Hockey Association -- Hayford Park
Responsible Department: Legal
Commentary:
The purpose of this Order is to formally authorize the execution
of a new lease agreement with The Bangor Youth Hockey Association.
.This agreement replaces the existing License Agreement which was
approved and executed in September, 1990. Prior to the execution
of the License Agreement, there w existing Lease Agreement
between the parties beginning in 19861. This agreement is the
final step in a process which involved a endment to the
City's deed to the property i order to a oid any question a
to the lease being in compliance with deed restrictions included
in the original title documents.
UeDart m Hev6
Manager's Comments:
Gry nlnw
associated Information: Order, Lease
Budget approval: N
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Legal Approval:
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IntroadFor
CIS Page — of
C1 Firstt Reading _
❑ Referral
91-]0
A msaed m Cmamdm Saxl, January 16, 1991
CITY OF BANGOR
(DtLi) @r4rr- Authorizing Execution of New Lease. Agreement
With the Bangor Youth Hockey Association -- Hayford Park
By 014 City CasneHaf Hu C4 ofBaaysr.
ORDERED,
THAT the City Manager is hereby authorised and directed,
on behalf of the City of Bangor, to execute a cease Agreement with
The Bangor Youth Hockey Association, acopy of said agreement being
on file in the office of the City Clerk.
IN CITY COUNCIL
January 14, 1991
Consider nextmeeting.
„mn— K
IN CITY COUNCIL
January ze, 1991
C der n mgeting.
ITT CLERK
IN CITY COUNCIL
February 11, 1991
ne,y f tin
CCLERK
91-]0
ORDER
Title,
.AutM1arizit% Execntlon of Nev, LeAaR.
Agreement with the Banger Youth Hockey
Association xayford Park,,,,,,,,,
........ d/ counmiiman
IN CITY COUNCIL
February 25, 1991
Passed as Amended.
amended In the first lime.Ey deleting
" I
cted
r /
ITY COERK
THIS LEASE, axecuted in duplicate, this _ day of
January, 1991, 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 (hereinafter
referred to as "Lessor")
WE BANGOR YOUTH HOCKEY ASSOCIATION, a non-profit
corporation, duly organized and existing under and
by virtue of the laws of the State of Maine, and
having an office or place of business in said City
of Bangor (hereinafter referred to as "Lessee").
W I T N E S S E T H:
WHEREAS, the City of Bangor is the owner of Fairmount
Terrace Park, so-called, and located in the City Of Bangor, County
of Penobscot, State of mine (hereinafter sometimes referred to as
the "Park"); and
WHEREAS, Lessee desires to use certain premises at the Park
for purposes of construction, operation and maintenance of an
ice-skating arena;
NOW, THEREFORE, the parties do mutually agree as follows:
ARTICLE I
PREMISES
The Lessor, for and in consideration of the rents to be
paid and obligations to be performed by Lessee as hereinafter
provided, does hereby grant unto Lessee, in its present condition,
a lease to use the following:
A. A certain parcel of land located in the City of Bangor,
Penobscot County, State of Maine, located in Fairmount Terrace
Park, so-called, together with all improvements thereon, as shown
on Exhibit -A" attached hereto.
B. Also:
(1) the right to construct, operate and maintain the
"Service Road" as shown on Exhibit "A" as the primary access route
by persons on foot or motor vehicles to the subject premises; and
(2) the right to extend utility systems in, on or over
the "Service Road" right-of-way; and
(3) the non-exclusive right to use, in common with
others, the "Parking Lot' adjacent to Thirteenth Street as shown on
Exhibit "A" for the parking of motor vehicles by persons attending
r participating in authorized activities at the arena; and
(4) the right to construct or install additional
access routes, utility systems, and parking. areas at such locations
as may be approved by the Parks & Recreation Director.
ARTICLE II
This lease shall repeal and replace a prior lease between
the parties, dated November 19, 1986, and a license between the
parties dated September 11, 1990, and shall become effective on the
date of execution by the parties. This lease shall remain in full
force and effect until the last day of September, 2026; provided,
however, this lease may be terminated by Lessor on default of the
Leasee as provided in Article XIII of this agreement.
ARTICLE III
OPTION TO EXTEND
Lessee shall have the option to extend this lease for a
further term, subject to the terms and Conditions contained herein,
to the last day of September, 2036, by written notice of Lessee's
election to exercise said option delivered to Lessor no later than
June 30, 2036. _
ARTICLE IV
ANNUAL RENTAL
In consideration of the nature of the use of the leased
premises, as described hereinafter, Lessee shall pay rental as
£ollowe,
Date
Amount
February
11 1991
$ 9,450.00
August 1,
1991
46,300.00
February
1, 1992 _
4,900.00
August 1,
1992
44,900.00
February
1, 1993
3,500.00
August 1,
1993
103,500.00
February
1, 1994
1,050.00
Thereafter, a nominal rental of $1.00 on the annual _
anniversary date of this Lease.
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ARTICLE V
CONSTRUCTION DATER BUILDING DESIGN. USE AND OCCUPANCY
A. All buildings, structures or improvements on the _
subject premises, shall be constructed in accordance with
applicable City of Bangor Ordinances, except that the design and
layout of all buildings, structures or improvements shall further
be approved by the Parks y Recreation Director of the City of
Bangor. The design and layout shall include a plan designating the
exterior appearance, including building walla and landscaping. and
driveways and parking lots, and shall be designed so as not to
detract from the appearance and use of the surrounding areas for
public park purposes. All plans required under this Section shall
automatically become a part hereof and be attached as Exhibits upon
approval by the Parka a Recreation Director.
B. Lessee shall use, occupy and maintain all buildings,
structures and improvements, together with land herein described,
for purposes of operating anice-skating arena. In the scheduling
of ice time, priority shall be given to the needs of the residents
of the City of Bangor. All of the activities of the Lessee shall
be operated totally within buildings on the subject premises,
unless otherwise authorized by the Parks s Recreation Director.
C. Lessee shall provide all necessary maintenance for all
buildings, structures or improvements constructed thereon. Lessor
shall provide routine maintenance and trash collection for all
outdoor areas on the subject premises. Lessee shall provide a
sufficient number of containers and cooperate with the Lessor in
maintaining the premises in an orderly fashion. Lessee shall be
responsible for the removal of all trash after special events
conducted or sponsored by the Lessee. -Lessor shall provide all
necessary snow plowing for the subject premises.
D. All vehicles belonging to invitees, officers and
employees of the Lessee shall only be parked in designated spaces
in parking areas on the promises or in other parking areas as the
Parks a Recreation Director may designate from time to time.
E. In the use and occupancy of the subject premises,
Lessee, its officers and invitees, shall comply with all applicable
local regulations, including but not limited to Chapter VI, Article
12, Ordinances of the City of Bangor, relating to conduct in public
parks.
F. Leasee shall pay all utility costs resulting from the
Lessee's use and occupancy of the subject premises.
G. Lessee shall have the exclusive right to all fees and
revenues generated from the operation of the subject premises.
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H. Lessor, through its agents, shall have at all
reasonable times access to go upon and inspect the subject premises
and any other buildings, structures or improvements thereon.
ARTICLE VI
MECHANICS'. LIENS: TAXES
The Lessee agrees to promptly discharge (either by payment
or the filing of a necessary bond or otherwise) any mechanics',
materialman's or other liens as may be placed against the subject
premises, and any buildings, structures or improvements thereon,
which liens may arise out of any payment due for labor, services,
materials, supplies or equipment which may have been furnished to
or for the Lessee. Lessee, at its option, shall have the right to
contest the validity or justice of any, such liens before paying the
and to postpone payment thereof until final determination of
any such proceedings.
ARTICLE VII
TITLE TO BUILDINGS STRUCTURES, IMPROVEMENDS AND PERSONAL PROPERTY
Title to the improvements constructed on the subject
premises by the Lessee and all personal property used in the
operation of the arena during the term of this license, or any
extension thereof, shall automatically vest in the City of Bangor
at the time of installation, construction or delivery to the
subject premises unless Lessee shall, prior to the construction of
any buildings, structures or improvements and prior to the use of
such personal property, Lessee shall have notified Lessor that
Lessee wishes to grant a security interest in such property to a
third party, in which event Lessor covenants and agrees to
recognise the security interest of the third party in such property
and to agree to allow the third party to remove the property in the
event of default by the Lessee, provided the third party repairs
any damage to the subject premises cused by the removal of such
property. Lessee shall, if requested by Lessor, from time to time,
cause additional documents of title to be executed on its behalf to
complete the transfer of title to such items to the City.
ARTICLE VIII
SIGNS
The Lessor recognises the need of the Lessee to provide
reasonable signs in conjunction with the use, occupancy and
maintenanceof the subject premises by the Lessee and to that end
agrees that signs may be installed at locations in the Park, either
on or o££ the subject premises as may be approved by the Parks a
Recreation Director; provided, however, all signs shall comply with
applicable regulations under City of Bangor ordinances and the Laws
of the State of Maine.
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ARTICLE IN
NONDISCRIMINATION
Lessee in the use and occupancy of the subject premises
shall not on the grounds of sex, race, color, creed or national
origin or any other manner prohibited by law, discriminate or
permit discrimination against any person or group of persona in any
manner.
COVENANT OF OUIET ENJOYMENT
The Lessee, subject to the terms and provisions of this
License, on payment of the rent, and observing, keeping and
performing all the terms and provisions of this lease on its part,
to be observed, kept and performed, shall lawfully, peaceably and
quietly have, hold, occupy and enjoy the subject premises during
the term and any extension hereof without hindrance or ejection.
ARTICLE XI
DAMAGE BY FIRE OR OTHER CASUALTY
Lessor covenants and agrees that in the event of
destruction or damage of the Improvements on the subject premises,
r any part thereof, and as often as the improvements shall be
destroyed or damaged, by fire or other casualty, the Lessee shall
have the right, but not the obligation, to rebuild and repair the
.improvements for occupancy. If Lessee elects not to rebuild and
repair, Lessee shall have the option to terminate this lease and
shall so notify Lessor within one hundred and twenty (120) days
after said fire or other casualty. In such event Lessor shall have
the right, after notice toLessee, to cause Lessee to demolish all
structures to ground level, remove all foundations and to remove
all debris from said demolition and removal from the subject
premises. In the event Leasee does not elect to so terminate,
Lessee shall within one hundred and twenty (120) days of said fire
or other casualty give notice to Lessor of. such election. All
improvements shall be restored to their state and condition prior
to said fire or other casualty, or shall be constructed in
accordance with plans approved by Lessor.
ARTICLE XII
INDEMNITY, LIABILITY INSURANCE
Lessee shall indemnify and save harmless the Lessor and all
of its employees and agents from and against any and all claims,
liability, damage, expense, cause of action, suits or judgments, by
or n behalf of any person or persons, firm or firms, corporation
or corporations in or about the subject premises and resulting from
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as of the Lessor's former estate, and expel the Lessee and those
claiming through or under it and remove its 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.
ARTICLE XIV
ASSIGNMENT. SALE AND SUBLETTING
The Lessee shall not at any time assign, sell, convey or
transfer this lease or any interest therein, or sublease or sublet
or rent the premises, ox any part thereof, without the prior
written consent of the Lessor. In the event the Lessor does
consent to such an assignment or transfer of this Lease, Lessee
shall not be relieved from any obligations under this Lease, unless
specifically released by the Lessor at the time of such assignment
r transfer. Nothing herein shall be construed to prohibit or
require prior approval by the Lessor of the rental of the premises
for ice skating purposes for periods of less than 24 hours.
ARTICLE EV
WAIVER
Failure onthe part of the Lessor to complain of any action
or -action on the part of Lessee no matter how long the same may
continue, shall never be deemed to be a waiver by. the Lessor of any
of Lessor's rights hereunder. Further, it is covenanted and agreed
that no waiver at any time of any of the provisions hereof by
Lessor, 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. of
the same The approval of Lessor to or of any action by
the Lessee requiring the Lessor's consent or approval, shall not be
deemed to waive or render unnecessary the Lessor's consent or
approval to or of any subsequent aimilet act by the Lessee.
ARTICLE "I
EL'IVA"
Notices to the Lessor provided for in this lease shall be
sufficient if sent by registered or certified mail, return receipt
requested, postage prepaid, to: City of Bangor, City Hall, 73
Barlow Street, Bangor, Maine, 04401; and notices to the Lessee are
to be sent by registered or certified mail, return receipt
requested, postage prepaid, addressed to: The Bangor Youth Hockey
Association, P. 0. Box 1626, Bangor, Maine 04401, with a copy
thereof to Rudman 6 Winchell, P. 0. Box 1401, Bangor, Maine,
04402-1401, or such other address as. the parties may designate to
each other in writing from time to time.
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the negligence of the Lessee, or any representative, invitee,
officer, employee or agent of Lessee. Lessee shall also provide,
at its expense, public liability insurance coverage for the leased
premises to be in effect during the entire term of this Lease, as
may be extended, with the Lessor as named insured, with coverages
for personal injury and property damage of at least $300,000 per
DEFAULT
ARTICLE XIII
It is covenanted and agreed that;
(1) If the Lessee shall neglect or fail to pay the rent o
other charges payable hereunder and such default shall continue for
a period of thirty (30) days after written notice thereof by
Lessor; Or
(2) If Lessee shall neglect or fail to perform or observe
any of the other covenants, terms, provisions, or conditions on its
part to be performed, or observed, and such neglect or failure
shall continue for a period of thirty (30) days after written
notice thereof by Lessor, or 1£ such covenants, terms, provisions
or conditions cannot be performed or observed within said thirty
(30) day period, if Lessee fails to diligently prosecute the curing
of such neglect or failure; or
(3) If the estate hereby created shall be taken on
.execution or by other process of law; or
(4) If the Lessee shall be declared bankrupt or insolvent
according to law; or
(5) If any assignment shall be made of the property of the
Lessee for the benefit of creditors; or
(6) If a receiver, guardian, conservator, or trustee in
bankruptcy or other 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
(7) If a petition shall be filed for a reorganisation of
the Lessee under provisions of the Bankruptcy Act now or hereafter
enacted; Or
(8) If the Lessee shall file a petition for such
reorganization or for arrangements under any provision of the
Bankruptcy Act new or hereafter enacted, then, in any of the said
cases the Lessee may be considered in default hereunder, and the
Lessor lawfully may, Immediately or at any time thereafter, and
without demand or notice, enter into and upon the said premises or
any part thereof, in the name of the whole and repossess the same
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Lessee shall maintain at all times in the offices of the
Director of the City Parks a Recreation an up-to-date listing of
the n address and telephone number for its current President,
Pink.Manager and all other persons responsible for the day-to-day
operation of the arena.
ARTICLE XVII
INVALIDITY OF PARTICULAR PROVISIONS
If any terms or provisions of this lease or the application
thereof to any person or circumstances to any extent, shall be
determined by a court of law to be invalid or unenforceable, the
remainder of this lease or the application of such terms and
provisions to persons or circumstances other than to those to which
it is held invalid or unenforceable shall not be affected thereby
and each term and provision of this lease shall be valid and be
enforceable to the fullest extent permitted by law.
ARTICLE Will
CONSTRUCTION
The headings appearing in this lease are intended for
convenience and reference only, and not to be considered in
construing this Lease.
Nothing contained herein shall be deemed or construed -by
the parties hereto, nor by any third party, as creating the
relationship of principal and agent or of partnership or of joint
enure between the parties hereto, it being understood and agreed
that neither the method of computation of rent nor any other
provision contained herein or any acts of the parties hereto shall
be deemed to create any relationship between the parties hereto
other than the relationship of landlord and tenant.
ARTICLE XIX
GOVERNING LAW
This lease shall be governed exclusively by the provisions-'
hereof and by the laws of the State of Maine, as the same may from
time to time exist.
ARTICLE XX
EXECUTION OF AGREEMENT
A. The Lessor 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 purpose of authorising the execution of this License, and that
the execution of this lease by the City Manager renders this Lease
za
valid and binding document on the part of the City of Bangor and
is fully enforceable in all of its terms and conditions by the
Lessee.
B. 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
corporate action, to authorize the execution of this lease by one
of its officers and that the execution of this lease is a binding
and legal document on the Lessee, and is fully enforceable in all
of its terms and conditions by the City of Bangor.
ARTICLE XXI
MEMORANDUM OF LEASE
Lessor and Leasee agree that this lease shall not be
_..recorded, Lessor agrees that upon request by Lessee, it shall
execute and deliver to Lessee a Memorandum of Lease in recordable
form and in compliance with the provisions of .Title 33, Section 201
of the Maine Revised Statutes Annotated.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above. _
CITY OF BANGOR
By
Title City. Manager
THE BANGOR YOUTH HOCKEY
ASSOCIATION
By
Witness
Title