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Home My WebLink About1989-08-14 89-346 ORDERDate B -141891 1Y11 Item No. 89-346 Item/Subject: Authorizing Execution of Amendment 01 to Lease Agreement with Murray W. Finard and William G. Finardr Trustees of Main Street Responsible Department: Trust -- Columbia -Hammond Street Parking Deck Legal Commentary: The purpose of this Order is to permit the Lease Agreement for use of certain spaces in the Columbia -Hammond Street Parking -Deck to be extended for a period of one year in order to accommodate the needs of the Lessee's tenant, IBM. Manager's Comments:-ry� sag r .. to XaPaa em -{p at X;X a �3 e'1 at° P' hai Ta -La M .. LityMnnegn Associated Information: Orders a Budget Approval: re Legal Approval: 'city sddmr introduced For Passage ❑First Reading page _of_ ❑ Referral 89-346 AnignedW Coo,aBor Tilley, August 14, 1989 CITY OF BANGOR (TITLE.) (Drbgrr, Authorizing Execution of Amendment #1 to Lease Agreement with Murray W. Finard and William G. Pinard, Trustees of Bangor Main Street Trust -- Columbia -Hammond Street Parking Deck ........-.._... ... ........... ....... _._ _.... ._.. By dw Cly CsuuJ of W G&r ofJfay . ORDERED, THAT Edward Barrett., City Manager, is hereby authorized and directed on behalf of the City of Bangor, to execute an Amendment #1 to Lease Agreement with Murray W. Finard and William G. Finard, Trustees of Bangor Main Street Trust, for purposes of extending the term for one year for the leasing of certain parking spaces in the Columbia -Hammond Street Parking Deck, a copy of said Amendment being on file in the office of the City Clerk. 69-346 O R D I R f Title, AutM izing acesution of AmanAnent ............................ 1......... pl to lease Agreerent with Murray Finurd and William Finard TrvstePs of ...................................... Ban Main, St/. T Hmmnn9 St In City Co it August 14,1989 P � U �� Passed Aeeiped W C,r....PP✓'.CNK �r/f✓.... .... /.......unci..... Gty Clex� lCU11 Councilman 89-346 NGEtar 61 ID LEASE AGREEKENT RWf Yl1 execute] in duplicate, this _ day of Auge, 1989, ¢yam fashion: CITY or BPN2R, a fitly lftfc and cooperate, duly organ mx aa ng n m W Vieth, of We iaws of the State of Mine, and Ueicp ocated inthus County of ennomaot. State of lne oce .,after smtLa refeam to as tan clre oy H SCRMY W. eImARO AM MILIA G. F TTUST CW BMfYw MIN STUICZ VISIT, having a p 5 Plate of as roes at Throe eurimgttn Same Viva, farll:gtm, m to (hereinafter evre- iva referred en m the -leneea^) W l Tx Z se x x: SHERE s, W pgreamntr datai lwguat 11 1986, the City l""d to Murray W. inatd aha Milian G. Pinard. Trustees of Bengx Mein Gleet Tnvt, lancing spates in the 0aLaArla4iamoM Stmt Parking Cock, to dt! 16 Parking mates on M uper level and 5 Spaces on the lost[ levelr and as fucNec Mean M a Plan attactttl m Ilia yrearenL and he pantie, dzaia to mad Said Lease I Cea ant to Preside for an excen.im of said Adonfeetr NOW, iSSeS , the parties do n tually agree as follaa: (1) IMM tin float .entente of esticle It be repealed and teplaabd the foIM ing: for anMAS AND Haut, the central Promises unto the USSW Ta initial period of six (6) years commencing on the first day of u.t, 1986 ad "Pins m the fast day M duly. 1992, unless Mannar mmuated M ba na providm. (2) HMT the provisions of Article III to repealed in their entirety ad rxplacee vim tM following: MHIRN ¢ rental to Ue p3fa by mss e Lessee W. the City during tee initial farm of this Fycerent shall he payable in rtrnNly payMmes as follows: PERIOD WNIHLY RERIM 8/1/86 -7/31/88 8 666.67 811AS - 7/31/90 686.67 8/1/90 - 7/31/92 707.21 During any additional e m perfodr de suntaly rental N11 as .. ,,M1 atm annual two, of 3% o gimi:y Augu,t 1. 1992 every 2 yeata t ee sell pay e11 malsharem tegulred IXUSQUtpr1W donned Netefore Ln Lveul ,,,,y of the United States, at the address Of Ina, City ae Mreln set fort, or at Such order place, IS Me City sFa11 deafgnate. 13I very oas" P oclsitm of said lease dared August 1, 1906, stall u'anain in full fora am effect as provided prior to the date of this meant u, ane pities ham nava sat trem rr lards adeals andtEar aMdyroarstr, first witre ton satyr. cm oe axem w.tmde Title atv Msreoa rAwmrz MIN srxcr Tmsr BY Wieners nil. COLUMBIA STREET ISO ® _ LEASED TO PBM - - LOWER LEVEL DECK 31030"73A37 H3dd0 03AH3S3H dVOIONVH H N83H1HON OOS VO Od 03SV37 W81 01 03SV37 T77777= W an ®. LJ II I I i Il i i I I .Lggu>cs V19NA103 I 89-246 LEASE AGREEMENT THIS LEASE AGREEMENT, executed in duplicate, this day of August I , 1986• by antl becleen: CITY OF RANDOM, a body politic and corporate, duly o[gani,,d and existing a de[ and by virt a of the taus of the State of Maine, and being located in the County of Penobscot, State of Maine (hereinafter sometimes referred to as the 'City"1 HURRAY W. PINARD and WILLIAM G. ETHANE, TRUSTEES OF SAHCAR WAIN STREET TRUST, having a place Of business a Three Burlington Woods Drive, Burlington, Massachusetts (hereinafter sometimes referred to ae the 'Lessee') TE SSE T H: WHEREAS, the City of Bangor is the Owner of a parking structure, Only known as the Columbia -Hammond Street Parking Back, located in the City of Bangor, County of Penobscot, State of Maine (laid parking deck hereinafter sometimes referred to as the 'Parking structure"); and WHEREASing the lessee desires to lea¢¢ certain spaces o invitee¢said ka d custom Structure of r its tenants, providing parking for its 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 a hereinafter provided, does hereby demise and lease unto theleasee, and the lessee does hereby deals¢, lease, take and hire, upon and subject to the conditions hereinafter expressed, the following described property in its present condition, viz: sixteen (16) parking spaces, to wit: five (5) spaces on a plan of the Doper level, Columbia -Hammond Street parking Deck and eleven (11) spaces in the lower level of as ldDa Sad said parking spaces being more Of ear ly idel�lfExhibits "A a nplan, for said Ce ck attached hereto as n espectively and made A part hereof. ARTICLE II TERM TO HAVE ANO TO X the demised Premises unto the. Lessee for an initial period of five O(5on ` years comm arcing on the firsda Of o sooner te[minat ed mase herein providedhe .a sAfte[z aid initialof July, ly unless ¢aid Agreement shall o a year-to-year basis unless terminated by either of the parties upon w notice is the other at least thirty (30) days prior is the expiration of any such additional annual term. - ARTICLE ITL RENTAL The rental to be Paid by the Lessee to the City during the Initial term of this Agreement shall be payable in no thly payments as follows; ¢RX00M ONTHLY RENTAL 0/1/86 - 7/31/88 $666.67 8/1/88 - 7/31/90 $686.67 /1/90 - 7/31/91 $707.27 During the first extension period as provided under [hole II above, the monthly rental shell be $707.31. ring any additional extension period, the monthly rental shall be increased It An ual„ret of 39 beginning August [a 1992 and every 2 years thereafter. The LegIle shall pay all rentals herein required athout prier demands therefore in lawfulmenof the United s the a dress of the City as herein s t fo re or at such edASta[ s, It as n. city :hall designers.. ARTICLE I USE AND OCCUPANCY OF PREMISES A. The Lessee shall use and occupy the premises herein demised for parking purposes for its tenants, employees. invitees and customers of Its tenants, and for n other purposes whatsoever withoutthe expressed written prior consent of the City. B. The Leasee shall n Occupy said premises i constituted governmentato l l authorityy violatecany lav or reg ula [i on of any duly C. The Lessee shall have the exclusive discretion to ` detatmina the nae and occupancy of the prom lass by any third Persons, and shall have all rights to prohibit and r any Persona or vehi Atax as MAY Occupy said premises without the Lessees Permission. D. The City, through its agents, shall have at all reasonable times the right to go upon and Inspect the demised E. The City, at its Old expense, shall maintain and keep n good repair the demised prem lama as required under Article xiri If thin Agreement. However[ the parties hereto agree that if during the ter : t n of this Agreement he demised premises shall be destroyed waged by fire, earthquake, o other cae as m ko it impractical or unsafes for Lessee, its tenants, employees, vi[ and customers a of its tenants to uset he dem lsed promisee as contemplated herein, the City shall be under no obligation to rebuild or restore said premises to the same `ondition as prior t aitl ca ualc Y. ithstanding the above, inthe a of such ""'try to the upper level only, said casualty not rendering o substantial damage to the lower level, this Agreement shall remain emfill force an Infect in respect to the specs$ designated in Exhibit . The Lessee shall indemnify and holt the City, : inhabitants, employees and agents, forever hermeea flow. and against III liability, loss o expense imposed upon the City, its mhabi- tanto,eemployees and agents, by reason of legal liability for o persons and damages to property sea by any act or Premises by negligence o other misconduct in or bout the demised Business Machines, masse¢ tenant. ployees and agents, and International ra ARTICLE VI NON-DISCRIMINATION The Les sea, in the Use and occupancy of the leased pre - class, shall not unlawfully discriminate oc pe mit unlawful discrimination against any person of group of persons in any manner. ARTICLE VII COVENANT OP OVIET ENJOYMENT The Lessee covenants, subjectthe [ and conditions Of this Mreement, on paymentof the r and obsecai:E, keeping and performing all of the c 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 durl ng the t m hereof o any extension thereof without hmderanca oc rejection by the city. ARTICLE VIII AUTHORITY TR INTO AGREEMENT A EN The City hereby represents and v that it has taken all necessary, procedural and legal stepsasrequired under local and Federal laws and regulations whatsoever, for ne purposes Of authorizing the execution n iton of this Agtaemt and that the causation of this Agreement ba: s City Manager renders this Agreement a valid and binding document o the pact Of the City of Bangor, its s and assigns, and is fully enforceable in all Of it$ tem¢ and conditions by the 1.14100, taken all necessary, The Lessee hereby represents and warrants that it has procedural and leal steps as required under all State, and Federal laws and regulations, and all necessary action to authorize the a N execution of is Agreement by One and that a utiOn of Chia Agreement i a binding r Trustee,, ng a rad legal document on rho part of the Le ease, its successors and assigns. and is fully enforceable in all of itsterns and condition, by the City of Bangor. ARTICLE IN HE ON It is covenanted antl agreed that: (a) It the Lessee hall neglect or fail to pay the rent or other one rges payable hereunder, and such default shall c .eine for a period of ten (101 days after written notice thereof by the City; or (b) If the Le perform neglect or fail c0 pecfoor observe any of the other cants, terms, rn provisions o o its part to be performed or observed, andsuch default shall continue for a per:Od 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 shell be mad, of the property of the Lessee for the benefit of creditors; or (❑ If a, trustee in bankruptcy, o other similar officer shall be appointed to take charge ,f all or any substantial part of the Loa s property by a court of competent jurisdiction; or cg) If a petition shall be filed for reorganization of the L Inde[ the provisions of the Bankruptcy Act [ hereinafter enacted, and such proceeding not commenced within sixty (60) days after it has I, or (h) If the Lessee shall file a petition for such �.. enManifation or for arrangements under any provision of the Bankruptcy Act now or hereafter enacted and providing a plan for the debtor t settle, satisfy or extend the time for payment of debts, then, i any of the above cases, the City lawfully may, Immediately o any time thereafter, and without deme na o and upon the said premises o any part thereof, in theca entername into the whole and repossess the ¢ ¢ the City's former and ax pel the LeaEea and thosemclaiming through o under it and r e it or their effects (forcibly, if necessary) without being remove guilty of any m of trespass, and¢without prejudice any remediea which might otherwise ee used for a of r or to breach of c and upon entry a afo..se:a, this a hall terminate covenant, n the Lessee C and agrees to pay and ¢be liable for payment of the rentals andotherone area as if they Hard, under the terms of this Agreement, to become due if this e had not been s rmiaated oc if the City had n red o tee¢ o o to ve entered r catl as sof its i1' la¢¢ any a may be s red by the City nby vtc[ue o[ its Lea ¢i np the demised premises to a third party. upon termination of this Agreement, by normal expiration Or man r s u any improvements, s r personal property erected or located upon the demisedpre s by the L 'hall become the property of the City to be disposed of in any such way as it may deem fit. Notices to the City provided for inthis Agreement shall be sufficient if seat by registered or occult i ed mail, postage Prepaid t City Manager, e3 Marlow St cast, Bangor, Maine 09901: and notices tthe c shall be sufficient if sent by registered or certified mail, postage prepaid t0: Bangor Main Street Trust, Three Burlington Words Drive, Burlington, Massachusetts, 018031 0 to such ether respective addresses as the parties may designate t each other in writing from tine to time. - ARTICLE NIL SUCCESSION AND ASSIGNABILITY A. All provisions of this Agreement shall extend to, ind and inure to the benefit of n only the City and the Leasee, but slab their succeaaors and assigns. B. The Leasee shall n umber, mortgage, assign, sublet o ' otherwise transfer its interest or any .part thereof under this Agreement withoutthe prier expressed written consent of the City, axcept that the Le shall have the tight, withoot the prior written consent rof the City, to sublet all o a portion of the tlemiaedtrem idea to any of its tenants for aperiod not texceed their tenancy within the Lessee's structure abutting the demised Iranians or the farm of this Ag comment, whichever is less. In n avant shall the Le ease 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 maintain the derided u premises, including s removal, and all public s ways, Ed a sidewalks and packi a abutting the dem feed premises, and shall' provide [ c nable access thereto free and clear to vehicle and pedestrian traffic. " If sin the event of excessive snowfall the City is unable [ cleat the dem lead premises and provide nr nable thereto within 36 hours of the expiration of aid snowfall, the ere shall be pe nnitted to take reasonable a nblear said starts ea by its o All [oaten¢ red n shall be credited tows rds future own tai under this Agreem. t. Nothing herein shall prohibit the City, otemporary basis, from denying access to said premises 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 omplain of any [tion a the pact of Na other, n r how long the s maycontinue,nshall n r be Opened to bema waiver by ithermparty OanOf the other's rights hereunder.t it is cooenanted and agreed that n at any time of any of the provisions b fby either party t shall be construed a r Of any of the other provisions hereunder, and that o waive[ a any time Of any of the provisions hereof shall not be c t cued a any subsequent t waiver Of thea a provisi ns. TheapProval by either party l[ r of any action by the other requiring consent r approval shall not be deemed to waive unnecessary the required ant o approval Of any subsequent or similar action by either party. ARTICLE XV 1t any term or provision of this Agreement or the application thereof to any person a x[ s to any extent be declared invalid o enforceable by anyc circumstances cam patent juf:sdlctfon. the remainder of this Agreement, or the application of uch is maand conditions to persons o other than those toxhich has been held Invalid or ,nforcaab I0, shall not be [hereby, and each t oof this Ag consent shall be valid antl be enforceable to the fullest extent Committed by lax. ARTICLE XVI CONSTRUCTION The headings appearing in this Agreement are intended for convenience and reference Only, and are o o be construed by the parties hereto or by any third partiesin construing this Ag[ee- Nothing contained herein shall be deemed or construed by the parties hereto or by any third party a O.ting the relationship of principle and agent O r of partnership O Of join[ venture bet ... n the parties hereto, it being understood and agreed that all provisions contained herein are intended to create the relationship between the parties of landlord and tenant. ARTICLE XVII CERTIFICATE OF LEASE Concurrently with the execution Mercer, both parties Shall e a SO -called "Certificate of Lease" a recordable farm, Bald i,str m¢nt to contain such provisions as shall beereasonably acceptable a to c unsel for both parties. This Agreement shall not, however, be Fees coed by either party. ARTICLE %VIII GOVERNINGLAW This Lease Agreement shall be governed exclusively by the provision, hereof and by the laws of the Et a to of Maine, as the same may from time is time exist. IN W RN EES WHEREOF, the partlea hereto have Sot their hands and seals the day and year first written above. CITY OF MARCOR =Liowfr1 Ed h[y H �Lo BANGOR MAIN STREET TRUST ay Ni tne¢s Try tee