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HomeMy WebLinkAbout1991-08-12 91-311 ORDERc ouar cum, Date 8-52„91 Item No. 91-311 Item/Subject: Authorizing Lease of Essex Street Recreation Center to Eastern Area Agency on Aging Responsible Department Legal Commentary: This isrenewal of last year's contract with the Eastern Area Agency on Aging for rental of.the. Essex Street Recreation Center for providing multiple services to the elderly. The renewal of last year's Contract contains no changes outer than the inclusion of the new Executive Director of the Agency, Roberta Downey. ce�n<xap Manager's Comments: Z [i[Y Mnnn6er Associated Information: Order, Indenture of Lease Budget Approval: Finance Director Legal Approval: Aeatr%N sot' Introduced For ® Passage ❑ First Reading Page _of_ ❑ Referral A ped to Counaar Frankel, August 12, 1991 CITY OF BANGOR (TITLE.) (orb".......-.Authori...zing Lease of Essex.._....SC t Rec.r..e...ati n .... ...... ...... .... .- Center t E ate Area.Age^:Y n Aging _ ......... ........... BY Ba City Coursed of the City of Bangor: ORDERED, THAT the city Manager is hereby authorized and directed, on behalf of the -City of Bangor, to enter into a Lease of the Essex Street Recreation Center to the Eastern Area Agency on Aging for a monthly rental of Six Hundred ($600.00) Dollars and for a term of one (1) comancing on .only 1, 1991, a copy of said Lease being on file in the office of the City Clerk. In City Council August 12,1991 (Passsel / _!—' 4 tot rA� CiV. Clark 91-311 ORDER nue, Authorising Lease of lases Street. ....... Recreation Canter LoHas Eee4 Arae on Aging ......... ........./�/;. ............... Asair ed to . Councilman 91-311 INDENTURE OF LEASE TRIS INDENTURE OF LEASE, executed in duplicate, this _ day of , 1991, by,and between The 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 Mine (hereinafter Sometimes referred to as "Lessor"). and The EASTERN AREA AGENCY ON AGING, a body corporate, duly organised 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 "Leasee"). WITNESSETH' WHEREAS, the Lessor is the owner of a structure, commonly known as the "Essex Street Recreation Center", located on Essex Street in said City of Bangor, County of Penobscot, State of Maine, on a parcel identified as Lot ] on Assessors' Map No. R-45; and WHEREAS, the Lessee desires to lease said Recreation Center for purposes of providing multiple services to the elderly, follows: NOW, THEREFORE, the Parties hereto do mutually agree as ARTICLE I PREMISES The. Lessor, for and in consideration of the rents to be paid and the obligations to be performed by Lessee as hereinafter provided, does hereby demise and lease unto Lessee, and Lessee does hereby lease, take, and hire upon, subject to the conditions hereinafter expressed, the following described property, vis: Essex Street Recreation Center. ARTICLE II TERM The term of this Lease shall be for one (1) year, commencing an July 1, 1991 and ending on June 30, 1992. ARTICLE III RENTAL The rent to be paid by Lessee to Lessor during the term of this Lease shall be the sum of Six Hundred ($600.00) Dollars per month payable on the first day of each month in advance. Lessee shall pay all rentals herein required, without prior demand therefor, n lawful money of the United States at the address of the Lessor as above set forth or at such places as Lessor shall designate. ARTICLE IV USE, OCCUPANCY, AND IMPROVEMENT OF PREMISES Lessee shall use, occupy, and maintain the premises herein leased in a businesslike, careful, .non -hazardous manner for the purposes of providing multiple services to the elderly, and for no . other purposes whatsoever without the expressed prior written consent of the Lessor. _ Lessee shall not use, occupy, or maintain the leased premises in any manner as to knowingly violate any law or regulation of any duly constituted governmental authority. _ Lessor, through its agents, shall have at all reasonable times the right to go on and inspect the leased premises. ARTICLE V INSURANCE Lessor shall insure the leased premises against property damage and public liability damage. However, it is expressly understood by and between the parties hereto that the Lessor's insurance will not cover the activities of the Lessee conducted on or in the leased premises, nor any property of the Lessee stored and/or used on or in the leased premises. ARTICLE VI �e'1 Lessee shall indemnify and save harmless the Lessor and all of its employees and agents from and against any and all claims by or on behalf of any and all claims by or on behalf of any person (a)I firm(s) or corporation(s) arising from the use, occupancy, conduct or management of, or from any work or thing whatsoever in or about the leased premises by the Leasee, or any representative or invitee of Lessee. -2- ARTICLE VII Lessee in the use and occupancy of the leased premises shall not on the grounds of race, color or national origin discriminate or permit discrimination against any person or group of persons in any sooner. ARTICLE VIII NECHARICS' LIEN The Lessee agrees to promptly discharge (either by payment or by filing of a necessary bond or otherwise) any mechanics', materialmen's or other liens against the leased premises, which liens My arise out of any payment due to labor, services, materials, supplies or equipment which My have been furnished to or for the Lessee. ARTICLE Ix UTILITIES Lessor, at its expense, shall furnish electricity and heat to the leased premises. In addition, Lessor shall be responsible for the internal tepafr and maintenance of all utility systems which become in need of repair and maintenance as a result of Lessee's activities on the leased premises. ARTICLE X MAINTENANCE AND REPAIR OF PRENISES Nicer maintenance and repair of the leased premises and the expenses resulting therefrom shall be the responsibility of the Lessee. The Lessor shall be responsible for major repairs to the leased premises, unless said maintenance and repairs become necessary as a result of negligence or wanton and wilful conduct by the Lessee or its guests or patrons. In such event, the maintenance and repairs and the expenses resulting therefrom shall be the responsibility of he Lessee. ARTICLE XI AUTHORITY TO ENTER INTO A-REEMENT 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 agreement, and that -3- execution of this agreement by Edward A. Barrett, City Manager, enders this agreement a 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. 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 authorise the execution of this agreement by one of its officers and that the execution of this agreement is a binding legal document on the part of the Lessee and is fully enforceable in all of its terms and conditions by the City of Bangor. ARTICLE XII EMINENT DOMAIN If after the execution of this Lease and before the expiration of the term hereof, the entire leased premises shall be taken by eminent domain, then this Lease and the term hereof shall terminate as of the time that possession is required notwithstanding that the Lessor's entire interest may have been devised by such taking and rent shall be apportioned and adjusted as of the date of termination. In case only a part of the leased premises shall be s taken by right of eminent domain, then if the part so taken renders the remaining premises unfit or unsuitable for Lessee'suse and occupancy, the Lessee may at its election terminate this Lease and the term hereof by notice to the Lessor in writing within thirty (30) days after receiving notice from the Lessor of such taking effective as of the time that possession is required and under said eminent domain proceedings. Any dispute as to whether such taking renders the remaining premises unfit or unsuitable for Lessee's use and occupancy shall be determined by three (3) arbitrators, one of whom shall be designated by the Lessor, one by the Lessee, and a third by the two so designated, and the determination of said arbitrators, or a majority of them, shall be conclusive. If the Lessor so elects to terminate, the rent reserved, shall be apportioned and adjusted as of the date of termination. Except as hereinbefore expressly provided otherwise, the Lessor reserves solely to itself all rights to recover for damages done to the leased premises or any part of the estate hereby created, which may occur for reason of any taking or destruction as aforesaid Of the leased premises or any portion thereof, appurtenant thereto, r privilege or easement legally created for which recovery of damages or compensation may be had. The Lessee hereby grants and assigns to the Lessor all of the Lessee's rights to such damages or claims of damage to or for the leased premises, whether to the whole property or especially to the estate hereby created arising or occurring during the term of this Lease or any extension thereof, to have and to hold the same to the Lessor, the Lessor's successors and assigns forever. -4- RETICLE XIII TERMINATION It is covenanted and agreed that: (1) If the Lessee shall neglect or fail 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 Lessor; or (2) If. the Lessee shall neglect or fail to perform or Observe any of the other covenants, terms, provisions of conditions on its part to be performed or observed and such default shall continue for a period of thirty (30) days after written notice thereof by the Lessor; or (3) If the estate hereby created shall be taken on execution or by other process of law; or (4) If any assignment shall be made of the property of the Lessee for the benefit of creditors, then, in any of the said cases, the Lessor lawfully may, immediately or at any time thereafter, and without demand or notice, enter into and upon the leased premises or any part thereof, in the name of the whole and repossess the same 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 sooner 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 shall be liable for the days originally fixed herein for the payment thereof, amounts equal to the several installments of rents and other charges reserved as they would, under the terms of this lease, become due if this Lease had not been terminated or if the Lessor had not entered or re-entered as aforesaid. - As an alternative, at the election of Lessor, Lessee will upon such termination pay to Lessor, as damages, such a sum as at the time of termination represents the amount of the excess, if any, of the then value of the total rent and other benefits which would have accrued to the Lessor under this Lease for the remainder of the Lease term if the provision of this Lease had been fully complied with by Lessee over and above the then cash rental value (in advance) of the premises for the balance of the tern. as ARTICLE XIV REMOVAL OF PROPERTY Upon the termination or expiration of this Lease, the improvements and other personal property erected or located upon the demised premises by the Lessee shall remain the property of the Lessee, and the Lessee shall have the right to remove the same from the demised premises within thirty (30) days from the date of termination of said Lease. Any such property not so removed within said thirty (30) day period, shall become the property of the Lessor to be disposed of in such way as it may deem fit. In the event the Lessee elects to remove said improvements and other personal property, the buildings and land appurtenant thereto shall be returned to as near as possible its condition as at the commencement of this lease, ordinary wear .and tear excepted. ARTICLE % DELIVERY OF LEASED PREMISES Upon the termination or expiration of this Lease, the Leasee shall surrender and deliver possession of the leased premises to the Lessor in good condition and. repair, ordinary wear and tear excepted. ARTICLE XVI COVENANTS OF OUIET ENJOYMENT The Lessor covenants that at the commencement of the term of this Lease, it has good title to the devised premises free and clear of all liens and encumbrances. The Lessee, subject to the terms and provisions of this Lease n payment of the rent, and observing, keeping and performing all of 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 demised premises during the term hereof without hindrance or rejection by the Lessor or any persons lawfully claiming under the Lessor. ARTICLE XVII All provisions of this Lease .shall extend to, bind and inure to the benefit of not only the Lessor and Lessee but also their successors and assigns. Lessee Shall not encumber, mortgage, assign or sublet or transfer its interests or any part thereof under this Lease without -6- the prior expressed written consent of the Lessor. In no event shall the Lessee named herein be relieved from any obligations under this Lease by virtue of any assignment or sublease. ARTICLE XVIII ACCESS TO PREMISES Lessor at Its own expense shall reasonably maintain all streets and roadways abutting the leased premises and provide access thereto reasonably free and clear of snow, ice and other impediments to vehicle and pedestrian traffic.. Lessorshall provide for snow removal of the parking areas adjacent to the building containing the leased premises. ARTICLE XIX WAIVER Failure on the part of the Lessor to complain of any action or non -action on the part of the Leasee no matter how long the same may continue, shall never be deemed to be a waiver by the Lessor of any of the 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, end that a waiver at any time of any of the provisions hereof shall not be construed at any subsequent time of the same provisions. The approval of Lessor to orof 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 similar act by the Lessee. ARTICLE XX ENOMENT TO LEASE This Lease contains all the terms and conditions between the parties hereto and no alteration, amendment or addition thereto shall be valid unless in writing and signed by the party against whom enforcement may be sought. If any term or provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each other term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. -7- ARTICLE XXI INVALIDITY OF PARTICUIM PROVISIORS If any term or provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each other term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. -7- 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 principle and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent nor any 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 x%III 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 xxIV NOTA Notices to Lessor provided for in this Lease shall be sufficient if sent by certified mail, postage prepaid, addressed to: Director of Parks b Recreation, City of Bangor, 100 Dutton Street, Bangor, Maine, 04401; and notices to Lessee shall be sufficient if sent to: Roberta Downey, Executive Director, Eastern Area Agency on Aging, Twin City Plaza, 238 State Street, Brewer, Maine, 04412, or to such other respective address as the parties may designate to each other in writing from time to time. 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 Meaner EASTERN AREA AGENCY ON AGING By Witness Title Executive Director -8- ffiy 1H6O0 Of 63fd lwld6 R]F be co iAx i pi and is6 at N 6218 tiro+ w my Flmv of F issue of bulls app t prior to dein lesu2rwe, at tte A: cr.nt:..., of the DiiECWL. wiN 8()p2Gla1 Na re C% it�ae all OE file �iaiIDW1 city tba city (burcii.. 4HAT Ne bonds ^"eby 2uttorisaimay be m ie subject to call for reds tions wy or ldt t pre um, before Ns date finssid for final payvent of binds, m provikd in 30-A M.R.S.A.65])2, 6nh6ectiw 6, as aleNed, and sMll ba de�lvetl tY the Fi> DixecFox wiN Ne approval of the Fin=e Conaittae all Ns Chairomn of the City Courcil. 4i01T in mct of tie }ears rLs .w:rn my of tie bmtle ace ouutartd g Nine shall to levioi a taxin an avow[ ailtrh, aiN oNa xcamma„ if my, available for that pnpcae, shall he sufficient to pay tie intrieat on said bands, payable in such year all Ne principal of euN bwrla matvrvg in such yaac. 14G1T pr>Buwt to Sation 10 of A.'t:^lc W of Tile City Ch Tar mi my otller enabling euNaity, the Finmce Oixec Wi, wiN Ns approval of tie Fi(ellOe Cmmdttee and the Chaflman of the City Camicfl, is ber ly wtlwrived to issue t®gnrary rotes 3n mvinipatfon of the foregoing b issue, Sa notes to be sigmi by tie Finance Dira:te, contersig aA by Lbs Chafnen of tie City Nmlcil end othazedae to De in such Loos as they shall detemdce by their esamtfal ttersnf. 4FPT a qualiffal bold core ! regnired to radar en opinion or cpinimm apl ing tTe validity of the binds au�ived by this D.rpr. TT POlffi0t OROHi®. 41041' N6 eman2 of $50.000 be trmmEaxal fnm the ff g H d Fire Statian mmmt in t capital fmd to anew scmmt �tahliabed by Ns Finame DireCtOr for Ne purlose of puccha6ing a new vehicle lift for the City IAOToi R 1. A BE TT FUIffi♦02 OIC, R the in dividunl toll OrdOte atf lcd hereto, ae preparetl by Bond Coureel, are hertly admptad.