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HomeMy WebLinkAbout1986-05-28 86-227 ORDERIntroduced by Councilor Tilley May 98, 1986 CITY OF BANGOR (TITLE.) (ffirberr—Authoxizing...Execution. .ef. Lease_ Agreement -for ....... -....-F.arAua g..:Spagas..an...SolumkAaL.Hammvnq Street _Parking Deck By the City Ca nu i! of the City of Bangor: ORDERED, THAT WHEREAS, Bangor Main street Trust has an exieting Lease Agreement with the City of Bangor for the leasing of 16 parking spaces in the Columbia/Hammond Street parking deck for the period from July 19, 1976 through July 31, 1986; and WHEREAS, William G. Finard, Trustee of Bangor Main Street Trust, has requested a renewal of the lease of the parking spaces in order to retain a prime tenant in its Main Street property; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager is hereby authorized to execute a cease Agreement relative to the aforementioned parking spaces, a copy of said agreement being on file in the office of the City Clerk. in city Crencil May 28,1986 Pease'i Councilor Me C8KthY -Conflict 86-22] o R D E R Title, AeMorieing Execution of Lease Agreement for ....................................... Parking Spaces in Colnubia/FammoM street ................ I.......... 4.......... Perking Deck Introduced and filed by a..��... wc CP 86-227 LEASE AGREEMENT THIS LEASE AGREEMENT, executed in duplicate, this day of , 1986, by and between: CITY OF BANGOR, a body politic and corporate, duly organized and existing under and by virture of the laws of the State of Maine, and being located in the County of Penobscot, State of Maine (hereinafter sometimes referred to as the "Cityw) AND HURRAY W. FINARD and WILLIAM G. FINARD, TRUSTEES OF BANGOR MAIN STREET TRUST, having a place Of business at Three Burlington Woods Drive, Burlington, Massachusetts (hereinafter sometimes referred to as the "Lessee') W I T N E S S E T H: WHEREAS, the City of Bangor is the owner of a parking structure, commonly known as the Columbia -Hammond Street Parking Deck, located in the City Of Bangor, County of Penobscot, State of Maine (said parking deck hereinafter sometimes referred to as the "Parking Structure'); and WHEREAS, the lessee desires t0 lease certain spaces on said parking Structure for purposes of providing parking for its invitees and Customers of its tenants, 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 as hereinafter provided, does hereby demise and lease unto the lessee, and the lessee does hereby demise, 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 upper level, Columbia -Hammond Street Parking Seek and eleven (11) spaces in the lower level of said Deck, said parking spaces being more clearly identified on plans for said Deck attached hereto as Exhibits "A" and "B" respectively and made a part hereof. ARTICLE II TERM TO HAVE AND TO HOLD, the demised premises unto the Lessee for an initial Period of five (5) years commencing on the first day Of August, 1986 and expiring on the last day of July, 19910 unless sooner terminated as herein provided. After said initial term, said Agreement shall continue On a year-to-year basis unless terminated by either of the parties, upon written notice to the other at least thirty (30) days prior to the expiration of any such additional annual term. ARTICLE III RENTAL The rental to be paid by the Lessee to the City during the initial term of this Agreement shall be payable in monthly Payments as follows: PERIOD MONTHLY RENTAL 8/1/86 - 7/31/88 $666.67 8/1/88 - 7/31/90 $686.67 8/1/90 - 7/31/91 $707.27 During the first extension period as provided under Article II above, the monthly rental shall be $707.27. During any additional extension period, the monthly rental shall be increased at an annual rate of 38 beginning August 1, 1992 and every 2 years thereafter. The Lessee shall pay all rentals herein required without prior demand therefore in lawful money of the United States, at the address of the City as herein set forth or at such other places as the City shall designate. ARTICLE IV USE AND OCCUPANCY OF PREMISES A. The Leasee shall use and occupy the premises herein demised for parking purposes for its tenants, employees, invitees and customers of its tenants, and for no other purposes whatsoever without the expressed written prior consent of the City. B. The Lessee shall not use or occupy said premises in any manner as to knowingly violate any law or regulation of any duly constituted governmental authority. C. The Lessee shall have the exclusive discretion to determine the use and occupancy of the premises by any third persons, and shall have all rights to prohibit and remove any persons or vehicles as may occupy said premises without the Lessee's permission. D. The City, through its agents, shall have at all reasonable times the right to go upon and inspect the demised premises. E. The City, at its own expense, shall maintain and keep in good repair the demised premises as required under Article %III of this Agreement. However, the parties hereto agree that if during the term of this Agreement the demised premises shall be destroyed or so damaged by fire, earthquake, or other casualty so as to make it impractical or unsafe for Lessee, its tenants, employees, invitees and customers of its tenants to use the demised premises as contemplated herein, the City shall be under no obligation to rebuild or restore said premises to the same condition as prior to said casualty. Notwithstanding the above, in theevent of such casualty to the upper level only, said casualty not rendering substantial damage to the lower level, this Agreement shall remain in full force and effect in respect to the spaces designated in Exhibit "B". ARTICLE V INDEMNITY The Lessee shall indemnify and hold the City, its inhabitants, employees and agents, forever harmless from and against all liability, loss or expense imposed upon the City, its inhabi- tants, employees and agentsy by reason of legal liability for injuries to persons and damages to property caused by any act or omission of negligence or other misconduct in or about the demised premises by the Lessee, its employees and agents, and International Business Machines, its tenant. ARTICLE VI NON-DISCRIMINATION The Lessee, in the use and occupancy of the leased pre- mises, shall not unlawfully discriminate or permit unlawful discrimination against any person or group of persons in any manner. ARTICLE VII COVENANT OF QUIET ENJOYMENT The Lessee covenants, subject to the terms and conditions of this Agreement, on payment of the rent and observing, keeping and Performing all of the to rma 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 during the term hereof or any extension thereof without hindarance or rejection by the City. ARTICLE VIII AUTHORITY TO ENTER INTO AGREEMENT A. The City 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 purposes of authorizing the execuiton of this Agreement and that the execution of this Agreement by its City Manager renders this Agreement a valid and binding document on the part of the City of Bangor, its successors and assigns, and is fully enforceable in all of its terms and conditions by the Lessee. B. The 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 action to authorize the execution of this Agreement by one its Trustees, and that execution of this Agreement is a binding and. legal document on the part of the Lessee, its successors and assigns, and is fully enforceable in all of its terms and conditions by the City of Bangor. TERMINATION ARTICLE IN It is covenanted and agreed that: (a) If the Lessee shall neglect or fail to pay the rent r other charges payable hereunder, and such default shall continue for a period of ten (10) days after written notice thereof by the City; or (b) If the Lessee shall neglect or fail to perform or observe any of the other covenants, terms, Provisions or conditions on its part to be performed r observed, and such default shall continue for a period 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 shall be made of the property of the Lessee for the benefit of creditors; or (f) If a receiver, trustee in bankruptcy, or other similar officer shall be appointed to take charge of all or any substantial part of the Lessee's property by a court of competent jurisdiction, or (9) If a petition shall be filed for reorganization of the Lessee under the provisions of the Bankruptcy Act now or hereinafter enacted, and such proceeding is not commenced within sixty (60) days after it has begun; or (h) I£ the Lessee shall file a petition for such reorganization or for arrangements • under any Provision of the Bankruptcy Act now or hereafter enacted and providing a plan for the debtor to settle, satisfy or extend the time for payment of debts, then, in any of the above cases, the City 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 the City's former estate, and expel the Lessee and those claiming through or under it and remove it or their effects (forcibly, if necessary) without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise he 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 be liable for payment of the rentals and other charges as if they were, under the terms of this Agreement, to become due if this Lease had not been so terminated or if the City had not entered or re-entered as aforesaid, less any sums as may be recovered by the City by virtue of its leasing the demised premises to a third party. ARTICLE X IMPROVEMENTS Upon termination of this Agreement, by normal expiration or otherwise, any improvements, structures or personal property erected or located upon the demised premises by the Lessee shall become the property of the City to be disposed of in any such way as it may deem fit. _ ARTICLE XI NOTICES Notices to the City provided for in this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid to: City Manager, 73 Barlow Street, Bangor, Maine 04401; and notices to the Lessee shall he sufficient if sent by registered or certified mail, postage prepaid to: Bangor Main Street Trust, Three Burlington Woods Drive, Burlington, Massachusetts, 01803; or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE XII SUCCESSION AND ASSIGNABILITY A. All provisions of this Agreement shall extend to, bind and inure to the benefit of not only the City and the Leasee, but also their successors and assigns. B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise transfer its interest or any part thereof under this Agreement without the prior expressed written consent of the City, except that the Lessee shall have the right, without the prior written consent of the City, to sublet all or a portion of the demised premises to any of its tenants for a period not to exceed their tenancy within the Lessee's -structure abutting the demised premises or the term of this Agreement, whichever is less. In no event shall the Lessee be relieved from any obligations under this Agreement by virtue of any such subletting. ARTICLE %III ACCESS TO PREMISES The City, at its Own expense, shall maintain the demised premises, including snow removal, and all public streets, ways, sidewalks and parking areas abutting the demised premises, and shall provide reasonable access thereto free and clear to vehicle and Pedestrian traffic. If in the event of excessive snowfall the City s unable to clear the demised premises and provide reasonable access thereto within 36 hours of the expiration of said snowfall, the Lessee shall be permitted to take reasonable action to clear said premises by its own means. All costs so incurred shall be credited towards future rental under this Agreement. Nothing herein shall prohibit the City, on a temporary 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 areae abutting or near said premises. ARTICLE %IV WAIVER Failure on the part of either party to complain of any action or non -action on the part of the other, no matter how long the same may continue, shall never be deemed to be a waiver by either party of any of the other's rights hereunder. 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 hereunder, 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. The approval by either party to or of any action by the other requiring consent or approval shall not be deemed to waive unnecessary the required consent or approval of any subsequent or similar action by either Party. If any term or provision of this Agreement or the application thereof to any person or circumstances to any extent be declared invalid or unenforceable by any court of competent jurisdiction, the remainder of this Agreement, or the application of such terms and conditions to persons or circumstances other than those to which has been held invalid or unenforceable, shall not be affected thereby, and each term or condition of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. ARTICLE XVI CONSTRUCTION The headings appearing in this Agreement are intended for convenience and reference only, and are not to be construed by the parties hereto or by any third parties in construing this Agree- ment. Nothing contained herein shall be deemed or construed by the Parties hereto or 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 all provisions contained herein are intended to create the relationship between the Parties of landlord and tenant. ARTICLE %V INVALIDITY OF PARTICULAR PROVISIONS If any term or provision of this Agreement or the application thereof to any person or circumstances to any extent be declared invalid or unenforceable by any court of competent jurisdiction, the remainder of this Agreement, or the application of such terms and conditions to persons or circumstances other than those to which has been held invalid or unenforceable, shall not be affected thereby, and each term or condition of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. ARTICLE XVI CONSTRUCTION The headings appearing in this Agreement are intended for convenience and reference only, and are not to be construed by the parties hereto or by any third parties in construing this Agree- ment. Nothing contained herein shall be deemed or construed by the Parties hereto or 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 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 hereof, both parties shall execute a so-called 'Certificate of Lease' in recordable form, said instrument to contain such provisions as shall be reasonably acceptable to counsel for both parties. This Agreement shall not, however, be recorded by either party. ARTICLE XVIII GOVERNING LAW This Lease Agreement 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR Witness - BY C tTiy -manager BANGOR MAIN STREET TRUST By Trustee