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HomeMy WebLinkAbout1984-04-23 84-173 ORDER84-1]3 Introduced by Councilor Car, April 23, 1984 .r_ CITY OF BANGOR (TITIL) (lan..Au.thori g Execution ofLease Agreement for ... ............. . .. Parking Spaces with Clifford Thome iv+heGiW-�wHKt/w LSWrfssep., _ ®RURRFA; �PHMP WEEREAS, Frarclin Street Associates has rehabilitated the propertylocated at 20-22 Central Street into amixed-use complex; and WHEREAS, Franklin Street Associates are unable to provide On-site parking for Clifford Thoms, its residential tenant at 20-22 Central Street; and WHEREAS, Clifford Thome desires to lease two (2) off-street parking spaces i conjunction with his residential tenancy of the premises at 2022 Central Street; NOW, THEREFORE, BE IT ORDERED BY THE BANGOR CITY COUNCIL, THAT the City Manager is hereby authorized to execute a Lease Agreement with Clifford Thoms, a copy of said Agreement being on file in the Office of the City Clerk, relative to the leasing of two (2) off-street parking spaces an Urban Renewal Parcel B-8, so-called, said Parcel being located on Hammond Street adjacent to the Eenduskeag Stream. _ In City Council April 23,1984 Passed Councilor Mc Ca[tTy Adatatned 84113 e l �_ _.• - v o R U e f ( '84 APR 19 h it n e, Authorizing eretio of Lease Agreeoeno- f6r I IiY CL RK Parking Spaces with ifford Tfarm s ............... .F .s filed by councilman ¢ x C 4 84-173 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 CLIFFORD THUMB having a place of business at 23 Franklin Street, Bangor, Maine (hereinafter sometimes referred to as "Lessee"). WITNESSETH: WHEREAS, the City of Bangor is the owner of Urban Renewal Parcel B-8, on Hammond Street adjacent to the Kenduskeag Stream, located in the City of Bangor, County of Penobscot, State of Maine; and WHEREAS, Lessee i a tenant of residential apartment located at 20-22 Central Street; and WHEREAS, Lessee desires to lease certain parking spaces from the City for parking purposes in conjunction with his occupancy of said apartment; NOW, THEREFORE, in consideration of the obligations and responsibilities set forth herein, the parties do mutually agree as follows: ARTICLE I PREMISES The City, for and insideration 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 ex- pressed, the following described property in its present condition, viz. Two (2) parking spaces located in northeasterly portion Of Parcel B-8, said spaces being more fully indicated on a sketch attached hereto as Exhibit A and incorporated herein by reference. ARTICLE II TO HAVE AND TO HOLD the demised premises unto the Lessee for an initial period commencing en ing on the day of 1984 and expiring on theday of , 1985, unless sooner terminated as provided herein. ARTICLE III The rental to be paid by the Lessee to the City during the term of this Agreement for the 2 spaces identified on Exhibit A shall be the same as the fees established for the City's regular permit parking spaces, said fee being currently ently set at $7.50 per month fox each parking space. It beingthe intent of the parties hereto that Lessee pay the same ental, on a per space basis, fox the spaces identified on Exhibit A as is charged to permit parking customers. Any increase i 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 or 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 in conjunction with his occupancy of the apartment at 20-22 Central Street, and for no other purposes whatsoever without the expressed written prior consent of the City. E. The Lessee shall not use or occupy said premises in e any m as to knowingly violateany law or regulation of any duly constituted governmental aotbority. C. Subject to the limitations set forth in 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 persons or vebicles As may occupy said premises without the Lessee's permission. Furthermore, Lessee shall have the right, at his own expense, to erect such signs as he deems necessary to control the u and occupancy of the premises. Said signs and their location shall be approved by the City Manager or his designee. O. 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 XIII of this Agreement. However, the parties hereto agree that if during the term of this Agreement the demised Premises or any portion thereof shall be destroyed or so damaged by fire, earthquake, or other casualty so as to make it impractical or unsafe for Lessee to use the demised premises or any portion thereof as contemplated, herein, the City shall be under no obligationto rebuild or restore said premises or portion thereof to the same condition as prior to said casualty. ARTICLE 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 r arising from any act or omissione negligence, o other misconduct in or about the demised premises by the Lessee, his employees and agents. 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 persons 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- ing and performing all of the terms and conditions of this Agreement on his 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- ever, for the purposes of authorizing the execution of this Agreement and that the execution o£ 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. ARTICLE Ix 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 fail to per- form or observe any of the other covenants, terms, provisions or conditions on his part to be .performed orobserved, 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 he taken on execution or by other process of law; or (4) If the Leasee shall be declared bankrupt or 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 a receiver, trustee in bankruptcy, o other similar officer shall be appointed to take charge of all r 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; or (8) If the Lessee shall file a petition for re- organization or for arrangements under any provision of the Bankruptcy Act now r 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, 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 formerestate, and expel the Leasee and those claiming through or under him and remove him or his 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 a 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 bad not entered or re-entered as aforesaid, less any dues as may be 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 premises upon sixty (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 best efforts to lease alternative spaces to Lessee, if Lessee so desires. D. In the event that the Lessee ceases to occupy the apartment at 20-22 Central Street as a personal residence, the City shall have the right to terminate this lease upon thirty (30) days prior written notice to Lessee. ARTICLE X IMPROVEMENTS Upon termination of this Agreement, by normal expiration or otherwise, any improvements, structures or personal prop- 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 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 Harlow Street, Bangor, Maine 04401) and notices to the Lessee shall be sufficient it sent by registered or certified mail, postage prepaid to: Clifford Thoms,. 23 Franklin Street, Bangor, Maine 04401, or to such other respective addressees 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 extent to, bind and inure to the benefit of not only the City and the Lessee, but also their successors and assigns. B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise transfer his interest o any part thereof under this Agreement without the prior expressed written consent of the City. 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 his best efforts to as ist the City i carrying out its responsibilities. Nothingherein shall prohibit the City, on c 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 %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 part of any of the other's rights hereunder. It is covenanted e and agreed that no w 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 awof the same provisions. The approval by either party tovo 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 byeitherparty. ARTICLE XV INVALIDITY OF PARTICULAR PROVISIONS If any term or provision of this Agreement or the appli- cation thereof to any person or circumstances to any extent be declared invalid o enforceableby any 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 o 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 coenience 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 of partnership o 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 XVII 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 Witness John W. Flynn Its City Manager Clifford Thome Via. b%-/73 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 CLIFFORD THOMS having a place of business at 23 Franklin Street, Bangor, Maine (hereinafter sometimes referred to as "Lessee,,). - WITNESSETH: WHEREAS, the City of Bangor is the owner of Urban Renewal Parcel B-8, on Hammond .Street adjacent to the Kenduskeag Stream, located in the City of Bangor,.County of Penobscot, State of Maine; and WHEREAS, Lessee is a tenant of a residential apartment located at 29-22 Central Street; and WHEREAS, Lessee desires to lease Certain parking spaces from the City for parking purposes in conjunction with his occupancy of said apartment'; NOW, THEREFORE, in consideration of the obligations and responsibilities set fortb herein, the parties do mutually agree as follows: ARTICLE I PREMISES The City, for and inconsideration 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 ex- pressed, the following described property in its present condition, viz. Two (2)- parking spaces located in northeasterly portion Of Parcel B-8, said spaces being more fully indicated on sketch attached hereto as Exhibit A and incorporated herein by reference. ARTICLE 31 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. ARTICLE III RENTAL The rental to be paid by the Lessee to the City during the term of this Agreement for the 2 spaces 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 y1.50 per month for each parking space. It being the intent of theparties hereto that Lessee pay the same rental, an a per space basis, for the spaces identified on Exhibit A as is charged to permit parking customers. Any increase in rental for the spaces leased hereunder shall become effective upon the issuance of written notice to Lessee by the City. All rentalsunder this Agreement shall be payable in advance on 01 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 in conjunction with his occupancy of the apartment at 20-22 Central Street, 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 so as to knowingly violateany law or regulation of any duly constituted governmental authority. - C. Subject to the limitations set forth in 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 persons or vehicles as may occupy said premises without the Lessee's permission. Furthermore, Lessee shall have the right, at his own expense, to erect such signs as he deems neceasary to control theuse and occupancy of the premises. Said signs and their location shall be approved by the City manager or his designee. U. 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 goad repair the demised premises as required under Article XIII of this Agreement.- However, the parties hereto agree that if during the term of this Agreement the demised premises or any portion thereof shall be destroyed or so damaged by fire, earthquake, or other casualty so as to make it impractical or unsafe for Lessee to use the demised premises or any portion thereof as contemplated, herein, the City shall be under no obligation to rebuild or restore said Premises or portion thereof to the same condition as prior to said casualty. ARTICLE V INDEMNIFY The Lessee $ball 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 persona and damages to property caused by or arising from any act o y negligence, o other misconduct in or about the demised premises by theLessee) his employees and agents. 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 persons in any manner. ARTICLE VII COVENANT OF QUIET ENJOYMENT The Lessee covenants, subject to the terms sad conditians of this Agreement, on payment of the rent and observing, keep- ing and performing all of the terms and conditions of this Agreement on his behalf to be observed, kept and performed, shall lawfully, peaceably, and quietly have, bold, 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- , for 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 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. ARTICLE Ix TERMINATION It is covenanted and agreed that: A. (1) If the Lessee shall neglect or fail to pay the rentor 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 fail to per- form or observe any of the other covenants, terms, provisions or conditions on his 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 theestate hereby c eated shall be taken on execution or by other process of law; or (4) - If the Lessee shall be declaredbankrupt or 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 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 (7) If a petition shall be filed for reorgani- zation Of the Lessee under the provisions of the Bankruptcy Act now or hereinafter enacted, andsuch proceeding is not commenced within sixty (60) days after it has begun; or (8) If the Lessee shall file a petition for re- organization Or for arrangements under any provision of the Bankruptcy Act now r 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, the City lawfully may, mediately or at any time thereafter, and without demand or notice, enterinto 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 him and remove him or his 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 fox payment of the rentals and other charges a if they were, under the terms of this Agreement, to become due if this Lease had not been so texminated or if the City had not entered of 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. B. Lesseeshall have the right to terminate this lease as to all or a portion of the leased premises upon sixty (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 u its best efforts to lease alternative spaces to Lessee, if Lessee so desires. D. In the event that the Lessee ceases to occupy the apartment at 20-22 Central Street as a personal re sidence, the City shall have the right to terminate this leaseupon thirty (30( days prior written notice to Lessee. ARTICLE X IMPROVEMENTS Upon termination of this Agreement, by normal expiration or otherwise, any improvements, structures or personal prop- erty erected or located upon the demised premises by the Lesseeshall become the property of the City to be disposed of in any such way as it may deem fit. ARTICLE XI 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: Clifford Thome, 23 Franklin Street, Bangor, Maine 04401, or to such other respective addressees as the patties may designate to each other in writlng from time to time. ARTICLE %II 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. B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise transfer his interest or any part thereof Under this Agreement without the prior expressed written consent of the City. In noevent shall the Lessee be relieved from any Obligationsunderthis Agreement by virtue of any such subletting. t 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 e his best efforts to assist the City in carrying out its responsibilities. Nothing herein shall prohibit the city, on a temporary basis, from denying access to said premises for Purposes of fulfilling its repair and maintenance responsi- t 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 or -action on the part of the other, no matter haw long thesame may continue, shall never be deemed to be a waiver by either part of any of the other's rights bereunder. It is covenanted and agreed that nowaiver at any time of any of the provisions hereof by either party shall be construed as alOf any of the other provisions hereunder, and that a v at any time of any of the provisions hereof shall not bee 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. ARTICLE XV INVALIDITY OF PARTICULAR PROVISIONS If any term or provision of this Agreement or the appli- cation 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 appli- cation of such terms and conditions to persons or circum- stances other than those which have been held invalid o 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 a the relationship of principle and agent or of partnership 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 Witness JFOhn W. Flynn Its City Manager Witness Clifford Thoms t � �.�W � �a, �x .� Q �����