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HomeMy WebLinkAbout1982-03-08 82-102 ORDER82-102 Introduced by Councilor Brown, Marche, 1982 CITY OF BANGOR (TITLE.) (orbit, Authorizing Lease of Tourist Information Center to Greater.__ ..-..._@a:F Chi er of.. Gametes. Inc... .. By the Qdy Cowuil Of the tory of Hangar: ORDERED, THAT the City Manager is hereby authorized and directed to execute an agreement, on behalf of the City of Bangor, providing for the lease of the Tourist Information Center At the accost of Mein and Dutton Streets, currently occupied by the Maine publicity Bureau, to the Greater Bangor Chamber of Commerce, Inc. A draft of said agreement is on file. in the office of the City Clerk. The final document shall not be executed until approved as to form by the City Solicitor. Statement of Fact: The purpose of this Order is to authorize the execution of an agreement between the City of Bangor and the Greater Bangor Cham bar of Commerce, Inc. providing for the u and occupancy of the Tourist Information Center on Main Street. The term of the lease shell be for a period of 15 years at a nominal rental of $1 per year. The Chamber will construct an,addition to the facility to take care of its needs. All utilities, maintenance and other expenses associated with the premises will become the responsibility of the Chamber. In City Council Mash 8,1982 Passed L /tynm City Cle In City ecuncil. menq 8,1^82_- 8z 102 l 0 R u e x Titley Gln&)iY G�1R�' GRA\SY 0.tR'M1 Authoiizi Lease a�f Tom let information Center to Greater Bangor Cha0bat of Conmieree Inc. ...................................... Introduced/ and filed by ...Councilman DRAFT 3/4/82 82-102 LEASE THIS LEASE made this day of , 1982 by and between: CITY OF BANGOR, a body politic and corporate duly organized and existing under and by virtue of the lawsofthe State of Maine and having its principal offices at 73 Harlow Street, Bangor, Maine (hereinafter sometimes referred to as "Lessor") AND GREATER BANGOR CHAMBER OF OO[418RCE, ISC., a - profit corporation organized and existing under and by virtue of the laws of the State of Maine and having its principal office at 55 Washington Street, Bangor, Maine (hereinafter sometimes referred to as "Lessee") W ITN ESS BT B: NOW, THEREFORE, the parties hereto do mutually agree as follows: ARTICLE I PREMISES The Lessor, for and in consideration of the rents to be paid and the obligations to be performed by Lessee as hereinafter provided, does hire in its present condition And upon and subject to the conditions herein- after expressed, the following described property, viz: The Tourist Information Building and land appurtenant thereto, located at the comer of Dutton and Fain Streets, and further shown on a plan attached hereto as Exhibit. "A" - ARTICLE II TERM TO HAVE ANO TO NOLO the demised premises unto the Leasee for fifteen (15) years commencing on the day of 1982 and ending on the - day of , 1997. ARTICLE III TOTAL The rent to be paid by the Lessee to Lessor during the term of this lease shall be Due ($1.00) Dollar, payable annually on the anniversary date of this lease. ARTICLE IV USE, OCCUPANCY AND TMPROVEMINTS OF PREMISES Lessee shall a occupy and maintain the premises herein leased in a reasonably businesslike,ca reful and n n-hazardou vaccount of fire only for its corporate purposes a c chamber of commadd purposes incident thereto; provided, however, Lessee's use ndoccupancy of said promisee shall be limited to such purposes a may beauthorizedunder the provisions and restrictions contained in the Will And Codicils of the late Joseph I. Bass to the extent they relate to said premises. Lessee shall not a occupy o maintain said premises in any a to knowingly violate ay municip, state or federal law or ragn- lation.a Leasee shall have the tight to construct, operate and maintain n addition to the existing building on said premises: said addition to be constructed substantially as w shon plans for said addition, dated February 10, 1982, prepared by R. H. Campbell, attached hereto as Exhibit ngn Les , through its agents, shall have e at all reasonable time the right, upone reasonable notification to the Lessee, to go on and inspect the promises with an authorized representative of the Lessee. ARTICLE V INDEKWITY AND "BLIC LIABILITY MEURCM The Leasee agrees to indemnify and ave harmless the Lessor from and against all claims of whatever nature arising from any act, Omission o negligence of the Lessee or Lessees contractors, licensees, agents, servanU employees or invitees arising from any accident, injury or damage wbat oever caused to any person r ro the property of any person occurring during the term hereof on the Lessee's demised premises. The Lessee agreed to maintain in full force during the tern hereof a policy of public liability and property damage insurance with a single limit of liability of $300,000.00. ARTICLE VI FIRE INSURANCE Lessee shall keep the building, including the addition, on the demised premises insured for the benefit of Lessor against loss or damage by fire with the usual extended coverage endorsements in amounts wt less than the full insurable value thereof. ARTICLE VII NON-DISCRIMINATION Lessee in the use and occupancy of the leased premises shall not on the grounds of race, color or national origin kwwingly and wilfully discriminate or permit discrimination against any person or group of persons in any unlawful mower. ARTICLE VIII �hlV awi`YKYnl�OlmiStR DSNdNalry The Lessee, subject to the terms and provisions of this lease on payment of the rent, and observing, keeping and performing all the terms and provisions of the lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the demised premises during the term hereof without hSnderance or rejection by Lessor. ARTICLE IR - LIENS The Lessee agrees to promptly discharge (either by payment or by filing of the necessary bond or otherwise) any mechanics', materialmen`s or other liens against the demised promises, which lines may arise out of any payment due for labor, a ices, materials, supplied or equipment which any have been furnished to or for the Lessee. ARTICLE x MAINTENANCE AND REPAIRS Lessee covenants and agrees to keep the building and addition n the leased premises wind and water tight and to keep or cause to be kept the foundations, roof and walls of the demised premises in good order, repair and condition. The Lessee, during the term of this lease, at Its sole expense shall keep the Interior of the existing building on Its leased premises .In as good order and repair a it i at the date of the commencement of this lease, reasonable wear and tear and damage by accidental fire or other casualty excepted. Lessee shall be responsible for all exterior painting and maintenance on the building. snow plowing and trash removal. ARTICLE XI UTILITIES Lessee shall pay the cost of all utilities furnished to the demised premises. Including electricity, water and sewage user fees. ARTICLE XII AOTHORITy TO ENTER INTO AGREEMENT The Lessor hereby represents and warrants that it has taken all s necessary, procedural and legal steps a required under all state, local and federal laws and regulations whatsoever for the purpose of authorizing the execution of this agreement and that a cution of this agreement by the City Manager renders this agreement the valid and binding act and deed on the part of the City of Bangor and Is and will r n fully enforceable i all of Its terms and conditions against the Lessor during the termand all extensions thereof. Lessee hereby represents and warrants that it has taken all necessary, procedural and legal steps as required by and under all state, loci and federal laws and regulations, and all nary corporate action to authorize the execution of this agreement by o of Its officers and that the thicution of this agreement by one of Its officers and that the execution of s agreement is a binding and legal act and deed of the Lessee and is and will remain filly enforceable in all of its terms and conditions against the Lessee. TERMINATION ARTICLE XIII It is covenanted and agreed that: 1. If the Lessee shall neglect or fail to pay the rent or other charges payable hereunder and such default shall continue natured for a period of con (10) business days after receipt of written notice thereof by Lessee; or 2. If the Lessee shall neglect or fail to perform or observe any of the other covenants, terms orconditions nits part to be performed and observed and such default shall continue for thirty (30) days after receipt of the written notice thereof by the Lessee and Lessee shall not have commenced ced and diligently pursued the remedy of said default; the Lessor lawfully may, imadiately or at any time thereafter, and without demand or notice, enter into and upon the said premises orany part thereof, in the name of the whole and repossess the same as of the Lessor's former estate, and expel the Lessee and those claiming through or under it and reve its 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. ARTICLE XIV REMOVAL OF PROPERTY Upon the termination or expiration of this lease, the building, addition and fixtures erected or located upon the demised premises by the Lessee shall become the property of the Lessor. My personal property ,wt s ived shall become the property of the Lessor to be disposed of in such way t may deem fit. In the event the Lessee elects to r said personal property, the premises herein leased shall be returned to a s as its condition as at the commencement of this lease, ordinary wear and tear excepted. ARTICLE XV NOTICES Notices to the Lessor provided for in this lease shall be sufficient if sent by registered or certified mall, postage prepaid, addressed to: City Manager, City of Bangor, 73Marl ow Street, Bangor, Maine; and notices to Lessee shall be sufficient if sent to: Greater Bangor Chamber of Commerce, Inc. 55 Washington Street, Bangor, Maine, or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE XVI SUCCESSION AND ASSIGNABILITY All provisions of this lease shall extend to; bind and Inure to the benefits of not only the Lessor and the Lessee but also to their respective successors and assigns. Lessee shall not encumber, mortgage, assign, sublet Or transfer its interests or any part thereof under this lease without the prior written consent Of the Lessor. ARTICLE XVII WAIVER Failure on the part of either party to complain of any action or non -action on the part of the other party no matter how long the s may continue shall n , r be eeamxi to be a of any of such parties' rights s hereunder. Furthermore, it antedand agreed that no waiver at any time of any of the provisions hereof by either party shall be construed as waiver of any of the other provisions hereof and that a waiver at a" time of any of the provisions hereof shall not be construed at a" subsequent time as a waiver of the same provisions. ARTICLE XVIII AMENDMENT TO LEASE This lease contains all the tears and conditions between the parties hereto and no alteration, amendment or addition thereto shall be unless in mawriting and signed by the party against whom enforcement y be sought. ARTICLE XIX INVALIDITY OF PARTICULAR PROVISIONS If any term or prpvislon of this lease is held to be invalid o enforceable, the remainder of this lease shall not be affected thereby and each other term and provislon of this lease shall be valid and be enforceable to the fullest extent permitted by law. ARTICLE XX CONSTRUCTION The headings appearing in this lease are intended for convenience and reference only, and are not t0 be considered in construing thislease. Nothing contained herein shall be deemed or construed by the Parris! hereto, nor by any third party, a eating the relationship of principal and agent o of partnership o of joint venture between the parties hereto, It being understood and agreed that neither the method of computation of rentnor any provision contained herein or any acts of the parties hereto shall be deemed to create any relationship between the parties hereto other than the relationship of landlord and tenant. ARTICLE XXI GOVERNING LAW This lease shall be governed a eclusively by the provisions hereof and by the laws of the State of Maine in effect as of the date of the executioi of this lease by the Lessor. ARTICLE XXII CERTIFICATE OF LEASE Lessor and Lessee both agree not to record this lease; however, upon request of either, the other shall execute and deliver a notice of this ;ease in recordable form. IN WITNESS WEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR By: City Manager GREATER BANGOR CHAMBER OF COMMERCE, By: _ Title: