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.
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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
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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.
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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
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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.
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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.
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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
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