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
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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