HomeMy WebLinkAbout1988-03-28 88-173 ORDER,vu nci m.uw.
88-173
Item/Subject:-ORDER - Authorizing Execution Of Lease Agreement with
Greater Bangor Chamber'. of Commerce, Inc.
Responsible Department: City Manager
Commentary:
The attached Order authorizes a lease agreement with the Chamber
which i required so that they c proceed with their a ansion
project. This item was introduced at the last meeting and was ref.
to a joint Community Development/Finance Committee meeting to revie
the requirement .the, City was to have accepted to construct addition
parking. While this project will qualify for Community Development
funding, the Community Development budget has not yet been submi.tte
to or approved by Council.
The Council committees have recommended that the Parking provisions
be eliminated from the lease and that possible City participation
be discussed at the time the C.D. budget is
presented. Should this
happen, the base can be amended at a later Point.
Manager's Comments:
In order to allow the Chamber to begin its project, I recommend
your approval.
GY nlnn.Srr
Associated Information:
Order and lease attached
Budget Approval:
N/A -71,111, -DIM
Legal Approval: 7s;7yi��y,)
n1y-7 -
Item No._
Page —ot_
red
88-133
Introduced by Councilor Sullivan, March 28, 1988
CITY OF BANGOR
(TITLE) @r4rt . Authqri.zAng.Execution 0f Lease Agreement_
th
.
Gre t Bangor Chamberf Commerce, Inc.
........., _____ .......... .........
_......_ —
By the Coy Caused Of de CIN Of8anpm:
ORDERED.
THAT the City Manager is hereby authorized and directed,
on behalf of the City of Bangor, to execute a lease agreement
with the Greater Bangor Chamber of Commerce, Inc., a copy of
said lease being on file in the office of the City Clerk,
providing for the use and occupancy of certain premises described
therein and located at Bass Park for a term expiring on the
last day of May, 2008.
I City Council March 28,1984
refered to Joint meeting
Of Finance Committee
A Community Development CBOnm:
f /�
City clerR
In Cily Council April 11,1988
Pa5e4
Revised lease Adopted
civ Clark
uta.
88-173
ORDER
Title,
Authorizing Execution cff Lease
Agreement with Greater Bangor Chamber
......................................
o£ Commerce Inc.
.� Introduced and Filed by
..............unci.....
Councilmen
18 I%R24 P420
RC6L .
CI CITYFCLEM R
Bolen E Mill"
cibf plkiu,,
D"e April 7, 1988
Bangor City Council
Greater Bangor Chamber of Commerce Lease
Thom Johnston has revised the proposed Lease
with theChamber of Commerce to permit the expansion of the
building on Main Street. As his letter indicates, he has
deleted the provision on parking which had previously been
found to be objectionable.
A review of the revised document indicates
that it conforms with what 1 understood are the needs and
desires of the parties. Unless there are other problems, I
recommend that the revised document be adopted and the
Lease be approved for execution.
R.E.M
tc
cc. Ed Barrett
Rod McKay
April 6, 1988
Robert N. Miller, Esq.
City Solicitor
Bangor City Hall
73 Harlow Street
Bangor, Maine 04401
RE: Greater Bangor Chamber of Commerce/Lease
Bear Bob:
I understand from speaking with Paula eubay of the Chamber
that the Council would be disposed towards approval if the
provision concerning the construction of parking is deleted.
Therefore, I have revised the draft lease to delete reference to
parking. I have also changed the date to reflect an April
execution.
Please call me if you have any questions or comments
Best regards,
omaohnston
TCJ/peg
cc. Scottie Stowell
John Rohman
EATON.
PEABODY, BRADFORD a VEA6YE.
P.A.
1 0 BOX 1210
BANGOR MAINE EDGE
111111011
MICTICED GAINING
IORMIJORIME
JOHN A CUNNINGHAM
ASSURED MEMBRANE
NAMES DEVOE
"I'll I TIED
BARREN BORDER
DOUGLAS A GULF
'ILIA 'L SEAT
'AGREES SVGA'
DAVID 0 DURHAM
SEEMED MORRELL
'AVENUE. CLAIMS
April 6, 1988
Robert N. Miller, Esq.
City Solicitor
Bangor City Hall
73 Harlow Street
Bangor, Maine 04401
RE: Greater Bangor Chamber of Commerce/Lease
Bear Bob:
I understand from speaking with Paula eubay of the Chamber
that the Council would be disposed towards approval if the
provision concerning the construction of parking is deleted.
Therefore, I have revised the draft lease to delete reference to
parking. I have also changed the date to reflect an April
execution.
Please call me if you have any questions or comments
Best regards,
omaohnston
TCJ/peg
cc. Scottie Stowell
John Rohman
between
REVISED APRIL. 6, 1988
LEASE
THIS LEASE made this day of April, 1988 by and
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
having its principal offices at 73 Harlow
Street, Bangor, Maine (hereinafter sometimes
referred to as "Lessor") -
GREATER BANGOR CHAMBER OF COMMERCE, INC., a
non-profit corporation organized and axisting
under and by virtue of the laws of the State
of Maine and having its principal office at
519 Main Street, Bangor, Maine (hereinafter
sometimes referred to as "Lessee")
W I T N E S S E T H•
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
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 hire in its present condition and upon and subject
to the conditions hereinafter expressed, the following described
property, viz:.
The Tourist Information and Chamber of
Commerce Building and land appurtenant
thereto, located at the corner of Dutton and
Main Streets, and further shown and described
on a plan attached hereto as Exhibit "A".
ARTICLE II
TO HAVE AND TO HOLD the demised premises unto the
Lessee for twenty (20) years commencing on the 1st day of May,
1988 and ending on the last day of May, 2008, being an extension
and modification of the initial lease between Lessor and Lessee
-1-
dated June 14, 1982. The initial lease dated June 14, 1982 is
hereby revoked and replaced by this lease.
ARTICLE III
RENTAL
The rent to be paid by the Lessee to Lessor during the
term of this lease shall be One ($1.00) Dollar, payable annually
on the anniversary date of this lease.
ARTICLE IV
USE, OCCUPANCY AND IMPROVEMENTS OF PREMISES
Lessee shall use, occupy and maintain the premises
herein leased in a reasonably businesslike, careful and non-
hazardous manner on account of fire only for its corporate
purposes as a chamber of commerce and purpose incident thereto;
provided,however, Lessee's use and occupancy of said premises
shall be limited to such purposes as may be authorized under the
provisions and restrictions contained in the will and codicils of
the late Joseph P. Bass to the extent they relate to said
premises.
Lessee shall not use, occupy or maintain said premises
in any manner as to knowingly violate any municipal, state or
federal law or regulation.
Lessee shall have the right to construct, operate and
maintain a second addition to the existing building an aid
premises, said second addition to be constructed substantially as
shown on plans for said addition, dated , 1988
prepared by Webster-Baldwin-Day-Rohman-Czarniecki, attached
hereto as Exhibit B. The first addition was completed in 1982
under the terms of the lease now being extended.
Lessor, through its agents, shall have at all
reasonable times the right, upon reasonable notification to the
Lessee, to go on and inspect the premises with an authorized
representative of the Lessee.
ARTICLE V
INDEMNITY AND PUBLIC LIABILITY INSURANCE
The Lessee agrees to indemnify and save harmless the
Lessor from and against all claims of whatever nature arising
from any act, omission or negligence of the Lessee or Lessee's
Contractors, licensees, agents, servants, employees or invitees
rising from any accident, injury or damage whatsoever caused to
any person or to the property of any person occurring during the
term hereof on the Lessee's demised premises.
-2-
The Lessee agrees to maintain in full force during the
term hereof a policy of public liability and property damage
insurance with a single limit of liability of $300,000.00.
ARTICLE VI
FIRE INSURANCE
Lessee shall keep the building, including the addition,
on the demised premises insured for the benefit of Lessor against
loss or damage by fire with the usual extended coverage
endorsements in amounts not less than the full insurable value
thereof.
ARTICLE VII
Lessee in the use and occupancy of the leased premises
shall not on the grounds of race, sex, color or national origin
knowingly and willfully discriminate or permit discrimination
against any person or group of persons in any unlawful manner.
ARTICLE VIII
COVENANTS OF QUIET ENJOYMENT
The Lessee, subject to the terms and provisions of this
lease on payment of the rent, and observing, keeping and
performing all the terms and provisions of the lease on its pat
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 Lessor.
ARTICLE I%
LIENS
The Lessee agrees to promptly discharge (either by
payment or by filing of the necessary bond or otherwise) any
mechanics', materialmen'a or other liens against the demised
premises, 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.
ARTICLE E
Lessee covenants and agrees to keep the building and
addition on the leased premises wind and water tight and to keep
or cause to be kept the foundations, roof and walls of the
demised premises in good order, repair and condition. The
-3-
Lessee, during the term of this lease, at its sole expense shall
keep the interior of the existing building on its leased premises
in s good order and repair as it is at the date of the
commencement of this lease, reasonable wear and tear and damage
by accidental fire or other casualty excepted.
Lessee shall be responsible for all exterior painting
and maintenance on the building, snow plowing and trash removal.
ARTICLE XI
UTILITIES
Lessee shall pay the cost of all utilities furnished to
the demised premises, including electricity, water and sewage
user fees.
ARTICLE XII
AUTHORITY To ENTER INTO AGREEMENT
The Lessor hereby represents and warrants that it has
taken all necessary, procedural and legal steps asrequired under
all state, local and federal laws and regulations whatsoever for
the purpose of authorizing the execution of this agreement and
that execution of this agreement by the City Manager renders this
agreement the valid and binding act and deed on the part of the
City of Bangor and is and will remain fully enforceable in all of
its terms and conditions against the Lessor during the term and
all extensions thereof.
Lessee hereby represents and warrants that it has taken
all necessary, procedural and legal steps as required by and
under all state, local and federal laws andregulations, 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 and legal act and deed of the Lessee and
is and will remain fully enforceable in all of its terms and
conditions against the Lessee.
ARTICLE 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 uncured for a period of ten
(10) business days after receipt of written notice
thereof by Lessee; or
-4-
2. If the Lessee shall neglect or fail to perform or
observe any of the other covenants, terms or
conditions on its part to be performed and
observed and such default shall continue for
thirty (30) days after receipt of the written
notice thereof by the Lessee and Lessee shall not
have commenced and diligently pursued the remedy
of said default;
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 as
of the Lessor's former estate, and expel
the Lessee and those claiming through or under it and remove
eeits
or their effects (forcibly, if necessary) without being dewed
guilty of any manner of trespass, and without prejudice to any
remedies which might otherwise be used for arrears of rent o
preceding breach of covenants, and upon entry as aforesaid, this
lease shall terminate.
ARTICLE Iry
Upon the termination or expiration of this lease, the
building, addition and fixtures erected or located upon the
demised premises by the Lessee 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 personal property, the
premises herein leased shall be returned to as near as possible
its condition as at the commencement of this lease, ordinary wear
and tear excepted.
ARTICLE XV
NOTICES
Notices to the Lessor provided for in this lease shall
be sufficient if sent by registered or certified mail, postage
prepaid, addressed to: City Manager, City of Bangor, 73 Harlow
Street, Bangor, Maine; and notices to Lessee shall be sufficient
if sent to: Greater Bangor Chamber of Commerce, Inc., 519 Main
Street, Bangor, Maine, or to such other respective addresses as
the parties may designate to each other in writing from time to
time.
ARTICLE XVI
SUCCESSION AND ASSIGNABILITY
All provisions of this lease shall extend to, bind and
inure to the benefits of not only the Lessor and the Lessee but
also to their respective successors and assigns.
-5-
Lessee shall not encumber, mortgage, assign, sublet or
transfer its interests or any part thereof under this lease
without the prior written consent of the Lessor.
ARTICLE EVII
Failure on the part of either party to complain of any
action ornon-action on the part of the other party no matter how
long the same may continue shall never be deemed to be a
waiver
of any of such parties' rights hereunder. Furthermore, it is
covenanted and agreed that no waiver at any time of any of the
provisions hereof by either party shall be construed as a
waiver
of any of the other provisions hereof and that a waiver at any
time of any of the previsions hereof shall not be construed at
any subsequent time as a waiver of the same provisions..
ARTICLE %VIII
AMENDMENT TO LEASE
This lease contains all the terms and conditions
between the parties hereto and no alteration, amendment or
addition thereto shall he valid unless in writing and signed by
the party against whom enforcement may be sought.
ARTICLE XIX
INVALIDITY OF PARTICULAR PROVISIONS
I£ 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 be enforceable to the fullest extent
permitted by law.
ARTICLE XX
CONSTRUCTION
The headings appearing in this lease are
intended for
convenience
and reference only, and are not to beconsidered 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 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 %%I
GOVERNING LAW
This lease shall be governed exclusively by the
provisions hereof and by the laws of the State of Maine in effect
as of the date of the execution of this lease by the Lessor.
ARTICLE MIT
Lessor and Lessee both agree not to r ord this lease;
however, upon request of either, the other shall execute and
deliver a notice of this lease in recordable farm.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first written above.
\tci\l
CITY OF BANGOR
By
City Manager
GREATER BANGOR CHAMBER OF
COMMERCE, INC.
-7-
EXHIBIT A
A certain lot or parcel of land with all buildings and
improvements thereon located, situated in Bangor, County of
Penobscot, State of Maine, bounded and described as follows:
Beginning on the westerly side of Main street, at the
intersection of the westerly sideline of Main Street and the
northerly sideline of Dutton Street; thence i a generally
westerly direction, by an along the northerly sideline of Dutton
Street one hundred (100) feet more or less to a bolt and
continuing in the same said westerly direction along Dutton
Street thirty-three (33) feet more or less to a point; thence at
right angle and in a generally northerly direction, a distance
of one hundred three (103) feet mole or less; thence at a right
angle, in a generally easterly direction, a distance of one
hundred seven (107) feet, more or less, to a point on the
westerly sideline of Main Street; thence by and along the
westerly sideline of Main Street, in a southerly direction, a
distance of one hundred four (104) feet, more or less, to the
point of beginning.
/sr
88-173
MEMO
TO: BOB MILLER
FROM: THOMAS C. JOHNSTON
RE: GREATER BANGOR AREA CHAMBER OF COMMERCE LEASE
DATE: MARCH 24, 1988
Attached is a revised Lease between the City of Bangor and
the Greater Bangor Chamber of Commerce. As discussed with the
Council, the Chamber has raised over 9200,000 to construct an
addition to its presentfacilityat 519 Main Street to
accommodate the growing demand for both Chamber services and for
the State's tourist information facility. Because the Chamber
would be making a substantial investment, we ask that the lease
term now slated for expiration in May 1997 be extended to 2008,
allowing the Chamber twenty years of occupancy in exchange for
this investment. At the end of the lease's term, of course, the
building and its improvements would revert to the City.
In order to accommodate the zoning requirements, the
property to be leased has been expanded to allow for the 30 foot
yard requirements. Even though this additional apace includes
Bass Estate property, we have attempted to constrain the Chamber
building to the corner lot which was not part of the Bass Estate.
(The porch at the main entrance does extend by not more than two
feet at one corner into the Bass Estate property.)
Finally, we have formalized the parking arrangement with the
City. It includes the nonexclusive
s
xclusive right to v a parking lot
which would be constructed by the City on landprimarily adjacent
to the leased premises.
LEASE.
THIS LEASE made this day of March, 1988 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
having its principal offices at 73 Harlow
street, Bangor, Maine (hereinafter sometimes
referred to as "Lessor")
GREATER BANGOR CHAMBER OF COMMERCE, INC., a
non-profit corporation organized and existing
under and by virtue of the laws of the State
of Maine and having its principal office at
519 Main Street, Bangor, Maine (hereinafter
sometimes referred to as "Lessee")
W I T N E S S E T H:
Now, THEREFORE, the parties hereto do mutually agree as
follows:
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 hire in its present condition and upon and subject
to the Conditions hereinafter expressed, the following described
property, vas.
The Tourist Information and Chamber of
Commerce Building and land appurtenant
thereto, located at the corner of Dutton and
Main Streets, and further shown and described
on a plan attached hereto as Exhibit "A".
ARTICLE II
W-17feT
In addition to the leased premises described in Article
I, the Lessee shall also be granted by the Lessor the right of
access to and use of a parking lot to be constructed by Lessor on
the westerly side of the leased premises and on land adjacent to
these leased premises in substantial accordance with the plans
-1-
attached hereto as Exhibit B. The use of this parking lot shall
not be exclusive to the Lessee, its employees, patrons and
guests, and may be used by Lessor in conjunction with events held
at its Bass Park facilities.
ARTICLE III
TERM
TO HAVE AND TO HOLD the demised premises unto the
Lessee for twenty (20) years commencing on the 1st day of April,
1988 and ending on the last day of May, 2008, being an extension
and modification of the initial lease between Lessor and Lessee
dated June 14, 1982. The initial lease dated June 14, 1982 is
hereby revoked and replaced by this lease.
ARTICLE IV
�i
The rent to be paid by the Lessee to Lessor during the
term of this lease shall be One ($1.00) Dollar, payable annually
on the anniversary date of this lease.
ARTICLE V
USE, OCCUPANCY AND IMPROVEMENTS OF PREMISES -
Lessee shall use, occupy and maintain the premises
herein leased in a reasonably businesslike, careful and non-
hazardous manner on account of fire only for its corporate
purposes as a chamber of commerce and purpose incident thereto;
provided,however, Lessee's use and occupancy of said premises
shall be limited to such purposes as may be authorized under the
provisions and restrictions contained in the Will and Codicils of
the late Joseph P. Bass to the extent they relate to said
premises.
Lessee shall not use, occupy or maintain said premises
in any manner as to knowingly violate any municipal, state or
federal law or regulation.
Lessee shall have the right to construct, operate and
maintain a second addition to the existing building on said
premises, said second addition to be constructed substantially as
shown on plans for said addition, dated , 1988
prepared by Webster-Baldwin-Day-Rohman-Czarniecki, attached
hereto as Exhibit B. The first addition was completed in 1982
under the terms of the lease now being extended.
-2-
Lessor, through its agents, shall have at all
reasonable times the right, upon reasonable notification to the
Lessee, to go on and inspect the premises with an authorized
representative of the Lessee.
ARTICLE VI
INDEMNITY AND PUBLIC LIABILITY INSURANCE
The Lessee agrees to indemnify and save harmless the
Lessor from and against all Claims of whatever nature arising
from any act, omission or negligence of the Lessee or Lessee's
contractors, licensees, agents, servants, employees or invitees
arising from any accident,. injury or damage whatsoever caused to
any person or to the property of any person occurring during the
term hereof on the Lessee's demised premises.
The Lessee agrees to maintain in full force during the
term hereof a policy of public liability and property damage
insurance with a single limit of liability of $300,000.00.
ARTICLE VII
FIRE INSURANCE
Lessee shall keep the building, including the addition,
on the demised premises insured fo the benefit of Lessor against
loss or damage by fire with the usual extended coverage
endorsements in amounts not less than the full insurable value
thereof.
ARTICLE VIII
NON-DISCRIMINATION
Lessee in the use and occupancy of the leased premises
shall not on the grounds of race, sex, color or national origin
knowingly and willfully discriminate or permit discrimination
against any person or group of persons in any unlawful manner.
ARTICLE IX
COVENANTS OF OUIET ENJOYMENT
The Lessee, subject to the terms and provisions of this
lease on payment of the rent, and observing, keeping and
Performing all the terms and provisions of the lease on its pat
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 Lessor.
-3-
ARTICLE X
LIENS
The Lessee agrees to promptly discharge (either by
payment or by filing of the necessary bond or otherwise) any
mechanics', materialmen's or other liens against the demised
premises, 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.
ARTICLE XI
MAINTENANCE AND REPAIRS
Lessee covenants and agrees to keep the building and
addition on the leased premises wind and water tight and to keep
or cause to be kept the foundations, roof and walls of the
demised premises in good order, repair and condition. The
Lessee, during the term of this lease, at its sole expense shall
keep the interior of the existing building on its leased premises
n as good order and repair as it is at the date of the
commencement of this lease, reasonable wear and tear and damage
by accidental fire or other casualty excepted.
Lessee shall be responsible for all exterior painting
and maintenance on the building, snow plowing and trash removal.
ARTICLE XII
UTILITIES
Lessee shall pay the cost of all utilities furnished to
the demised premises, including electricity, water and sewage
user fees.
ARTICLE XIII
AUTHORITY TO ENTER INTO AGREEMENT
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 authorizing the execution of this agreement and
that execution of this agreement by the City Manager renders this
agreement the valid and binding act and deed on the part of the
City of Bangor and is and will remain fully enforceable in all of
its terms and conditions against the Lessor during the term and
all extensions thereof.
Lessee hereby represents and warrants that it has taken
all necessary, procedural and legal steps as required by and
under all state, local and federal laws and regulations, and all
necessary corporate action to authorize the execution of this
agreement by one of its officers and that the execution of this
agreement is a binding and legal act and deed of the Lessee and
is and will remain fully enforceable in all of its terms and
conditions against the Lessee.
ARTICLE XIV
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 uncured for a period of ten
(10),business days after receipt of written notice
thereof by Lessee; or
2. If the Lessee shall neglect or fail toperformor
observe any of the other covenants, terms o
conditions on its part to be performed and
observed and such default shall continue for
thirty (30) days after receipt of the written
notice thereof by the Lessee and Lessee shall not
have commenced and diligently pursued the remedy
of said default;
the Lessor lawfully may, immediately or at any time thereafter,
and without demand ornotice, enter into and upon the said
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
r 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 o
v
preceding breach of covenants, and upon entry as aforesaid, this
lease shall terminate.
ARTICLE XV
REMOVAL OF PROPERTY
Upon the termination or expiration of this lease, the
building, addition and fixtures erected or located upon the
demised premises by the Lessee 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 personal property, the
premises herein leased shall be returned to as near as possible
its condition as at the commencement of this lease, ordinary wear
and tear excepted.
-5-
ARTICLE XVI
NOTICES
Notices to the Lessor provided for in this lease shall
be sufficient if sent by registered or certified mail, postage
prepaid, addressed to: City Manager, City of Bangor, 73 Harlow
Street, Bangor, Maine; and notices to Lessee shall be sufficient
if sent to: Greater Bangor Chamber of Commerce, Inc., 519 Main
Street, Bangor, Maine, or to such other respective addresses a
the parties may designate to each other in writing from time to
time.
ARTICLE XVII
All provisions of this lease shall extend to, bind and
inure to the benefits of not only the Lessor and the Lessee but
also to their respective successors and assigns.
Lessee shall not encumber, mortgage, assign, sublet or
transfer its interests or any part thereof under this lease.
without the prior written consent of the Lessor.
ARTICLE XVIII
WAIVER
Failure on the part of either party to complain of any
action or non -action on the part of the other party no matter how
long the same may continue shall never be deemed to be a waiver
of any of such parties' rights hereunder. Furthermore, it is
covenanted and agreed that no waiver at any time of any of the
provisions hereof by either party shall be construed as a waiver
of any of the other provisions hereof and that a waiver at any
time of any of the provisions hereof shall not be construed at
any subsequent time as a waiver of the same provisions.
ARTICLE XIX
AMENDMENT 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.
ARTICLE XX
INVALIDITY OF PARTICULAR PROVISIONS
If any term or provision of this lease is held to be
invalid or unenforceable, the remainder of this lease shall not
-6-
be affected thereby and each other term and provision of this
lease shall be valid and be enforceable to the fullest extent
permitted by law.
ARTICLE %XI
The headings appearing in this lease are intended for
convenience and reference only, and are 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 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 MII
GOVERNING LAW
This lease shall be governed exclusively by the
provisions hereof and by the laws of the State of Maine in effect
as of the date of the execution of this lease by the Lessor.
ARTICLE %XIII
CERTIFICATE OF LEASE
Lessor and Lessee both agree not to record this lease;
however, upon request of either, the other shall execute and
deliver a notice of this lease in recordable form.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first written above.
CITY OF BANGOR
By
City Manager
GREATER BANGOR CHAMBER OF
COMMERCE, INC.
by
President
\tci\l
exexBxx A
A certain lot or parcel of land with all buildings and
improvements thereon located, situated in Bangor, county of
Penobscot, State of Maine, bounded and described as follows:
Beginning on the westerly side of Main Street, at the
intersection of the westerly sideline of Main Street and the
northerly sideline of Button Street; thence ina generally
n
westerly direction, by a along the northerly sideline of Dutton
Street one hundred (100)feet more or less to a bolt and
continuing in the same said westerly direction along Dutton
Street thirty-three (33) feet more Or leas t0 a point; thence at
right angle and in a'generally northerly direction, a distance
of one hundred three (103) feet more or less; thence at a right
angle, in a generally easterly direction, a distance of one
hundred seven (307) feet, more or less, to a point on the
westerly sideline of Main Street; thence by and along the
westerly sideline of Main Street, in southerly direction, a
distance of one hundred four (104) feet, more or less, to the
point of beginning.
MAIN STREET
EXHIBIT B
ED