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Home My WebLink About1990-05-14 90-183 ORDER+xunm: Aaron Date Nay 9. 19W Itfm NO. 90-183 itam/9Rlem: Norurbega Cafe -Lease of Former Fuddle Lot on Central Street Fmpmulhle WFerds"i Comity Development Division Commentary: Attached for your consideration end approval is a copy of a proposed Leese between the City end Dan Tremble which conforms to W. Tremble's proposal to ase the let for outdoor seating for ten Norombega Cafe. It is a ten year lease which can be terminated upon notice between January 1st to April 30th of its term. '^ ni�+nlfceU.rn[ Y31Ir v�-aa.�tnr.,n,-.[�n��aq�jbe�� Antonini arria mrtwn: pt FudgiaApppred: Nr FliwA[[Dn[[! Legal App oval: I.s.. { ps Y9a f�n.e a..e �� cnv 5a inm[ IntrWoced For (yl3S£UT ® News" . �First Reading- - page _ot_ ❑Federal 90-183 Aeeipmd to Caum4ar Soenaud, May 14, 1990 CITY OF BANGOR (TITLE.) (lir Cert...... .Auth L Ing Leese„ of vacant Lot at 24 Central Street ........... to Dani 1 J Tremble db/e/ Norumbege Cafe ........ .... _.. .......... BY the Cam 1 e(th 044(Baeor. 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 David J. Tremble, 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. In City Council May 14.1990 Passed i h C w CayC er 90-193 ORDER Title, Authorizing Lease of Vacant Lot of ...................................... 24 Central Et t0 Daniel J Tremble DBA.. Norum ga. We ................ Q• Ar4gned to Councilman LEASE 90-183 THIS AGREEMENT, made this _ day of May, 1990, by and between the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Raine (•LESSOR•) and DANIEL S. TREMBLE of Bangor, d/b/a Norumbega Cafe ("LESSEE"). WITNESSETH: WHEREAS, LESSOR is the owner of a vacant lot of land at 24 Central Street in the City of Bangor; and WHEREAS, LESSEE wishes to lease the same for use in connection with LESSEE•s existing cafe. business at 34 Central Street inBangor, NON, THEREFORE, it Is mutually agreed as follows: 1. TURK. 1. LESSOR hereby 'leases to the LESSEE the vacant lot at 24 Central Street for a term of ten (10) years, commencing Nay. 11 1990. 2. RENT. As a condition of this Lease, LESSEE agrees to pay to LESSOR the following some as rent on or before May Ist of each lease year; the initial year's rent to be paid upon execution of this Lease: -2 - Year Amount 1990 $ 500.00 1991 750.00 1992 750.00 1993 1,000.00 1994 11000.00 1995 1,200.00 1996 1,200.00 1997 1,200.00 1998 10500.00 1999 1,500.00 3. USE 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 non -permanent improvements to the promisee 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 anon -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. IMPROVEMENTS. As a condition of this Lease, it is agreed that LESSOR shall cover the existing gravel surface on the promisee with a layer of compacted stone duet or otheri'suitable material sufficient to provide a surface suitable for the proposed use. -3- 5. MAINTENANCE. It is agreed that LESSEE shall maintain the promisee 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 cuetomer 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 O.S. mail to LESSOR at City Ball, 73 Harlow Street, Bangor, Maine 04401, and to LESSEE at 34 Central Street, Bangor, Maine, 04401. 7. INSURANCE. 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. .4- B. DEFAULT. Failure to pay the required rents, or use of the premises in any fashion inconsistent with this Lease, or in e 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 texuinate this Lease and to take immediate possession of the promisee. 9. $GEMENT ENTIRE. This Lease represents the entire understanding of the parties with respect to the lease of 24 Central Street to the LESSEE. WITNESS the following hands and seals the day and year first written above. CITY OF RANCOR (By) Edward A. Barrett Its City Manager LESSEE Witness Daniel Tremble d/b/a Norumbega Cafe State of Maine Penobscot, sst-May , 1990 Then personally appeared the above-named Edward A. Barrett, in his 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/Attorney-at-Law Printed Nemei My Commission expires: State of Maine Penobscot, se. May , 1990 Then personally appeared the above-named Daniel Tremble, in his capacity as of Norumbega Cafe, and acknowledged the foregoing instrument to be his free act and deed in his said capacity. Before me, Notary Public/Attorney-at-Law Printed Name, - My Commission expires: State of Maine Penobscot, ss'•'' ' May , 1990 Then personally appeared the above-named Edward A. Barrett, in his 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/Attorney-at-Law Printed Name: By Coumdsslon Expires, State of Maine Penobscot, se. May , 1990 Then personally appeared the above-named Daniel Tremble, in his capacity as of Norumbega Cafe, and acknowledged the foregoing instrument to be his free act and deed in his said capacity. Before me, Notary Public/Attorney-at-Law Printed Name: My Commission Expires,