HomeMy WebLinkAbout1984-04-09 84-143 ORDER84-143
Introduced by CouncilorRrown, April 9, 19M
_ CITY OF BANGOR
(TITLE.) o11r1}Ert.--.._A th zing Execution of Lease Agreement by
City Manager - Parking Spaces
.__•____ .............. ...._.. __... ._..........
WHEREAS, Franklin Street Associates has rehabilitated the
property located at 20-22 Central Street into a mixed-use complex;.
and
WHEREAS, Franklin Street Associates are
n
unable to provide on-
site
-
site parking for its residential tenant o£20-22 central Street; and
WHEREAS, Franklin Street Associates desires to lease two (2)
off-street parking spaces for utilization as a parking -area for its
residential tenant;
NOW. THEREFORE, BE IT ORDERED BY THE BANGOR CITY COUNCIL THAT
the City Manager is hereby authorized toexecute a Lease Agreement with
Franklin Street Associates. a copy of said Agreement being on file in
the Office of the City Clerk, relative to leasing two (2) off-street
parking spaces in Urban Renewal Parcel B-8, so-called, said Parcel
being located on Hammond Street adjacent to the Eenduskeag Stream.
In City Council April 9,1984 7 ? 84-143
Passed Councilor Me Catchy ib O R D E R '
Abstained t
. > Title,
k(" Authorizing Execution of Lease Ag C
Ci Ciera Agreement
......................................
by City manager Parking Spaces
............ I .........................
Introduced and filed by
Councilman
LEASE AGREEMENT
This LEASE AGREEMENT,. executed in duplicate Counterparts,
is entered into this day of , 1984 by
and between:
CITY OF BANGOR, a municipal corporation located in the
County of Penobscot, State of Maine (hereinafter some-
times referred to as the "City")
AND
FRANKLIN STREET ASSOCIATES, a Maine Limited Partnership,
having a place of business at 115 Franklin Street,
Bangor, Maine (hereinafter sometimes referred to as
"Leasee")..
WITNESSETH:
WHEREAS, the City of Bangor is the owner of urban Renewal
Parcel B -B, on Hammond Street adjacent to the Kenduskeag
Stream, located in the City of Bangor, County of Penobscot,
State of Maine) and
WHEREAS, Lessee has rehabilitated the property located at
20-22 central Street into a mixed -ase complex containing a
residential apartment; and
WHEREAS, Lesseedes tea to lease certain parking spaces
from the City for purposes of providing parking for its
residential tenants of said property;
NOW, THEREFORE,. in consideration of the obligations and
respons fbilities set forth herein, 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 he performed by the Lessee a
hereinafter provided, does hereby demise and lease unto the
Lessee, and the Lessee doeshereby demise, lease, take .and
hire, upon and subject to the conditions hereinafter 'e -
pressed, the following described property in its present
condition, viz.
Two (2) parking spaces located in northeasterly portion
of Parcel B -R, said spaces being more fully indicated on
a sketch attached hereto as Exhibit A and incorporated
herein by reference.
ARTICLE II
TERM
TO HAVE AND TO HOLD the demised premises unto the Lessee
for an initial period commencing on the day of
1984 and expiring on the day of , 1985,,
unless sooner terminated as provided herein.
a
ARTICLE III
RENTAL
The rental to be paid by the Lessee to the City during
the term of this Agreement for the 2spaces identified on
Exhibit A shall be the same as the fees established for the
City's regular permit parking spaces, said fee being currently
set at 69.58 per month for each parking space.- It being the
intent of the parties hereto that Lessee pay the same rental,
n a per apace basis, fox the spaces identified on Exhibit A
as is charged to permit parking customers. Any increase in
ental for the spaces leased hereunder shall become effective
upon the issuance of written notice to Lessee by the City.
All rentals under this Agreement shall be payable in advance
on r before the first business day of each calendar month.
Lessee shall pay all rentals herein required without prior
demand therefor 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 may designate. In the event that Lessee
terminates the lease as to all or a portion of the leased
spaces pursuant to the terms herein, the rental shall be
calculated on a pro -rata basis.
ARTICLE IV
USE AND OCCUPANCY OF PREMISES
A. The Lessee shall use and occupy the premises herein
demised for parking purposes for its tenants of 20-22 Central
Street, and for no other purposes whatsoever withoutthe-
expressed written prior consent of. the City..
B. The Lessee shall not use or occupy said premises in
any manner so as to knowingly violate any law or regulation of
any duly constituted governmental. authority.
C. Subject to the limitations set forth 1n this Agree-
ment, 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
persona or vehicles as may occupy said premises without the
Lessee's permission. Furthermore, Lessee shall have the
right, at its own expense, to erect such signs as it deems
necessary to control the use and occupancy of the premises.
Said signs and their location shall be approved by the City
Manager or his designee.
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
AIticle XIII Of this Agreement. However, the parties hereto
agree that if during the term of this Agreement the demised
premises -orany portion thereof shall be destroyed o o
damaged by fire, earthquake, or other casualty so as to make "
it impractical or unsafe for Lessee or its tenants, to use the
demised premises or any portion thereof as contemplated, here-
, the City shall be under no obligation to rebuild o -
store said premises or portion thereof to the same condition
as prior to said casualty. -
ANTICLE V
INDEMNIFY
The Lessee shall indemnify and hold the City, its inhabi-
tants, employees and agents, forever harmless from and against
all liability, loss or expense imposed upon the City, its
inhabitants, employees and agents, by reason of legal liabil-
ity for injuries to persons and damages to property' caused by
or arising from any act or omission, negligence, orother.
misconduct in or about the demised premises by the Lessee, its
employees and agents, and its tenants.
ARTICLE VI
NON-DISCRIMINATION
The Lessee, in the use and occupancy of the leased prem-
ises, shall not unlawfully discriminate or permit unlawful
discrimination against any person or group of persona in any
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,keep-
in/ and performing all of the terms 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 hinderance 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 what-
, fox the purposes of authorizing the execution of this
Agreement and that the execution of this Agreement by its City
Manager renders this Agreement a valid and binding document o
the part of the City of Bangor, its accessors 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 re-
quired under all State, local and Federal laws and regula-
tions, and all necessary action to authorize the execution of
this Agreement by its General Partner, and that execution of
this Agreement is a binding and legal document an the part of
the Lessee, its successors and assigns, and is fully enforce-
able in all of its terms and conditions by the City of Bangor.
ARTICLE I%
TERMINATION
It is covenanted and agreed that:
A. (1) If the Lessee shall neglect or fail to pay
the rent or other charges payable hereunder, and such default
shall continue for a period of ten (10) days after written
notice thereof by the City) or
(2). If the Lessee shall neglect or fall to per-
form or observe any of the other covenants, terms, provisions
or conditions on its part to be performed or observed, and .
such default shall continue for a period of thirty (30) days'
after written notice thereof by the City; or
(3) If the estate hereby created shall be taken:
on execution or by other process of law; or
(4) If the Lessee shall be declared bankrupt o
insolvent according to law; or
(5) If any assignment shall be made of the prop-
erty of the Lessee for the benefit of creditors; or
(6) If av, 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
(7) If a petition shall be filed for reorgani-
zation 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; o
(8) If the Lessee shall file a petition for re-
organization or for arrangements under any provision of the
Bankruptcy Act now or hereinafter enacted and providing a'plan
for the debtor to settle, satisfy or extend the time for pay-
ment of debts,
then, in any of the above cases, theCitylawfully 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 farmer estate, and expel the Leasee 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 be 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
he recovered by the City by virtue of its leasing the demised
premises to a third party.
B. Lessee shall have the right to terminate this lease
as to all or a portion of the leased premisesuponsixty (60)
days prior written notice to the City. Lessee shall be liable
for the payment of all rental fees through the date of termi-
nation, said fees to be calculated on a pro rata basis in the
event that the lease is terminated only as to a portion of .the
leased premises. -
C. In addition to the circumstances outlined above,
the City shall have the right to terminate this lease as to
all or a portion of the spaces identified in Exhibit A.upon.
thirty (30) days prior written notice to Lessee. In the event
of such a termination, the City shall use its beat efforts to
lease alternative spaces to Lessee, if Lessee so desires.
D. In the event that the residential use of a portion
of 20-22 Central Street ceases to be used in that capacity,
the City shall have Che right to terminate this lease upon
thirty (30) days prier written notice to Lessee.
ARTICLE %
IMPROVEMENTS
Upon termination of this Agreement, by normal expiration
or otherwise, any improvements, structures or personal prop-
erty
rop
-
erty 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 %I
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 Harlow Street, Bangor, Maine
04401; and notices to the Lessee shall be sufficient if sent
by registered or certified mail, postage prepaid to: Franklin
Street Associates, c/o Donald T. Cohen, 115 Franklin Street,
Bangor, Maine 04401, or to such other respective addressees as
the parties may designate to each other in writingfrom time
to time. - -
ARTICLE All
SUCCESSION AND ASSIGNABILITY
A. All provisions Of this Agreement shall extent to,
bind and inure to the benefit of not only the City and. the
Lessee, but also their successors and assigns. I-
B. The Lessee shall not encumber, mortgage, aasign,
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 sub-
let all or a portion of the demised promises to any of its
tenants for a period not to exceed
eed their tenancy within the
Lessee's structure (i.e. 20-22Central street) 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 XIII
ACCESS TO PREMISES
The City, at its own expense, shall reasonably maintain
the demised premises and all public streets, ways, sidewalks
and parking areas abutting the demised premises. Lessee shall
use its best efforts to as ist the City in carrying out its
responsibilities. Nothingherein shall prohibit the City,on
-
a temporary basis, from denying access to said premises for -
purposes of fulfilling its repair and maintenance responsi-
bilities under this Agreement, and for the repair and mainten-
ance of public areas abutting or near said premises.
ARTICLE XIV
WAIVER
Failure on the part of either party to complain of any
action ornon-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 part of any of the other's rights hereunder.
Itis covenanted and agreed that nowaiver at any time of any
of the provisions hereof by either party shallbe construed as
awaiver o£
f-antime the other provisions hereunder, and that a
waiver any any of the provisions hereof shall not
be construed at any subsequent time as ao£ the same
provisions. The approval by either partytoor of any action
by the other requiring consent or approval shall not be deemed
to waive annecessary the required consent or approval of any
subsequent or similar action by either party.
ARTICLE XV
INVALIDITY OF PARTICULAR PROVISIONS
If any term or provision of this Agreement or the appli-
cation thereof to any person o circumstances to any extent be
declared invalid or unenforceablebany court of competent
jurisdiction, the remainder of this Agreement, or the appli-
cation of such terms and conditions to persons or circum-
stances other than those which have 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
Agreement. Nothing contained herein shall be deemed or con-
strued by the parties hereto or by any third party as creating. - -
the relationship of principle and agent or ofpartnership or
of joint venture between the parties hereto, it being under-
stood and agreed that all provisions contained herein are.
intended to create the relationship between the parties of
landlord and tenant. - -
ARTICLE %VII
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
By
Sohn W. Flynn
Its City Manager
FRANKLIN STREET ASSOCIATES
By
Donald T. Cohen
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All,
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