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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 \T \4 All, Q ` b