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Home My WebLink About1988-10-12 88-426 ORDERDate t. 12, Oc1988 Item No. 88-626 Item/Subject: Authorizing Execution of Lease Agreement with Bangor Housing Authority -- Public Shelter Responsible Department: Legal Commentary: Negotiations with the staff of the Bangor Housing Authority has resulted in a lease of two units owned by the University of Maine and managed by the Authority for use as a public shelter. r><po.rm .. xwe Manager's Co,tmmentr:.—/�,gus;M�4&wor,7 1 dT��n r, iLbegi t!, nvna�/� ' on w J N (� * D y¢ a^Ae Ux Ns/dsY Ml t)�io M`�(�^IN4l��'A� =KCm „I„-•a•�i-+��6%e6WlY�VRIQOJ&J ov,000000 6ty Mowger Associated Information:BAAd Budget Approval: - Finve Legal Approval: Caysoudi>r nucr uced For E�pawage First Reading Page _ of ❑ Referral Aeaigaedto Cmmdkw 5hobert, October 12, 1988 _ry�pp CITY OF BANGOR (TITLE) VIYYDErt . Authorizing Execution of Lease Agreement with Bangor Housing Authority -- Public Shelter RyW City CaxsoO Ar& C trNmwer.. ORDERED, TORT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a lease agreement, a copy of which is on file in the office of the City Clerk, providing .for the lease from the Bangor Housing Authority of certain premises located at 14 and 16 Dirigo Drive to be used by the City as public shelter. 88-026 O ROER In City muncil October 1211988 Title, . Passed Authorizing itxutim of Lease Agrearent with Ha Housing Authority Public Shelter C4 C...................................... C' cls �Assign`e to CounciLnan HOUSING AUTHORITY OF THE CITY OF BANGOR LEASE AGREEMENT Street No. 14 & 16 Dirigo Drive This Agreement, entered into this First day of June, 1988, by and between the Housing Authority of the City of Bangor, a management agents for the University of Naine (Owners), hereinafter desgnated as Management, and the City of Bangor, a municipal corporation, hereinafter designated as Tenant. WITNESSETH 1. The mananament i consideration of tine rent reserved herein to be paid by said Tenant and of other covenants, agreements and conditions hereinafter contained to be kept, performed and observed by said Tenant, does hereby let unto said Tenant, 14 & 16 Dirigo Drive,3n the City of Bangor, County of Penobscot, State of Maine to be used andoccupied by the tenant as a public shelter and for no Other purpose whatsoever without the prim expressed written consent of Management for a term beginning On the First day Of June 1908 and automatically renewed for a period of twelve (12) months on the first day of each June thereafter, unless the Management or Tenant gives prior notification pursuant to the terms of this Agreement t0 the other, in writing, of its desire to cancel this agreement Qil or before the date the automatic wal begins. Such automatic r u renewal shall not o r- unless 6 months prior to the and Of each twelve month period the parties to this agreement shall have agreed in writing to the monthly rent for the next twelve month period. The Management may terminate this agreement by giving the Tenant at least six (6) months prior notice in writing. The Tenant may terminate this agreement by giving the Management at least z (6) months prior notice i writing or uch shorter period as may be permitted by law. Termination shall take place at the end Of the month in which the six month notice Period If the Tenant fails to give the required notice of termination this agreement may be terminated immediately by the Management for failure Of Tenant to abide by the terms of the agreement or attachments thereto and Tenant shall be responsible for all rents payable and the cost of repairs o, excessive wear and damage. 2. The Tenant,in csideration of the covenants and agreements mad, herein by said Management, agrees to the terms of tenancy of said premises for said term and does hereby promise to pay to said Management, its representatives and assigns, as rental for said premises the sum r of 8750.00 o equal to w ental% for ether comparable units owned by the University of Haire, whichever is greater, payable on the first dayof each inonthy in advance until this agreement is terminated. No rental payment shall be considered in default until after the expiration Of ten (10) days from the due day of said payment; thereafter, said rental payment shall be considered in default from this due data, If, after the default, the Management has served notice to quit upon the Tenant, acceptance by Management of the unpaid rental and default shall not be considered a waiver by management of its right t0 terminate the tenancy. _z_ The Management agrees to furnish, subject to reasonable availability and reasonable use thereof, the following utilities, services and furnishings: Heat, light, water, sewage and garbage and trash collection. Stoves (2) - Make and Serial Nos. Refrigerators (2) Make and Serial The Tenant agrees: a. To pay the rent and other charges at the Management's Office, 161 Davis Road without requiring a statement. b. To accept said premises (and furnishings, list attached), in their present condition and agrees to keep same in good clean condition, to make no alterations o a additions to s to [omit no waste thereon and to obey all laws and ordinances affectingsaid premises. c. To quit and surrender the premises at the termination of this agreement in good order and repair, reasonable wear and tear excepted, unit .o be completely cleaned. d. To fallow all rules and regulations prescribed by Management which are included in the TENANT INSTRUCTION BULLETIN and in Bulletins issued by Management from time to time, including all amendments made to regulations. MP To keep the premises in [lean and sanitary condition, to maintain the yard in front and rear of the dwelling i es eat and orderly m not e the premises forany illegal o immoral purposes, not to display any sign whatsoever, not to use tacks, nails or other fasteners a any part of the premises except s manner prescribed by the Management and to notify the Management promptly of the need of any repairs to the premises. f. To keep the lawn on said premises watered, cut and edged so that it will appear neat and orderly at all times, to remove and debris from the walkways leading to the entrances and exits of thepremises, and upon failure of Tenant to do so, the Management shall have it done and changed to the Tenant. g. To authorize Management after written notice by Management to the Tenant to dispose of any personal property left on the premises or development by Tenant after secreting the premises, and constitute and appoint Management as the agent of Tenant to transfer title thereto upon sale o disposition. The proceeds of a sale to be kept by Management for the expenses incurred to the removal and sale of said property and to apply on any charges due Managemsnt. h. To pay any damages cused to the premises by the Tenant, or his mediate occupants, or by any persons thereon, the Tenant to furnish parts, materials, fixtures or replacements and to pay for the labor services of person or persons engaged to repair or replace the damage. -3- i. permit the Management,rits representatives, to enter the reasonable premises shrimp all hours to e e the s r to make such repairs, additions too alterations a nay be deemed necessary or to show the premises for reassigning, and to permit the Memagememt o its representatives to enter the premises for the purpose of determining whether said premises are being used 1n violation of any of the terms of this agreement. J. Not to assian this agreement. k. All payments of rents shall be made at the Office of the Bangor Housing Authority or at such other place as the Management may designate in Kr it ing. 1. If the Tenant is guilty of any act which amounts to a nuisance or conducts himself in violation of any law or ordinance, then the Managementmay at its option terminate this tenancy. M. That notice to the Tenant shall be deemed duly given if personally delivered or mailed to the Tenant at the address contained in the agreement, postage Prepaid. 3. And it is further expressly agreed between the parties that in case any rent shall be due and upaid or if default shall be made in any of the covenants herein contained, or if said premises shall be abandoned, deserted or sated, then it shall be lawful for said Management, its attorneys, successors signs to re-enter, re -possess the said premises and the Tenant andeach and every occupant to r and put out, and upon re-entry a aforesaid, this agreement shall terminate. In the event of re-entry by the Management as herein provided, Tenant shall be liable in damages to said Management for all loss sustained. 4. Itsunderstood and agreed that the terms "Management" and "Tenant" shall include the a cut Ors, administrators, s' successors, heirand assigns of the parties hereto, that the provisions hereof shalle a to the benefit of the Owner Of the property, and the Management is duly authorized by the Owner to enter into this agreement. 5 This Agreement constitutes the entirecontractbetween the parties, and Tenant covenants that n representations o warranties have been made by Management, which are not contained her S. The failure of the Management to insist in any one or more instances upon a strict performance of any of the covenants of this agreementshall not be ns'trued awaiver elinquishment of s e far the future of such covenant but the same shall continue to remain in full force and effect. Dated at Bangor, Maine this day of 19 _ (L. S. 1 (L. S. ) HOUSING AUTHORITY OF THE CITY OF BANGOR