HomeMy WebLinkAbout1980-12-08 81-31 RESOLVE81-31
Introduced by Councilor Soucy, December 8, 1980
CITY OF BANGOR
QITLE.) ADgB1132y Authorizing the Director of Parks and Recreation to
Enter Into Agreements for the Rental of Space at the 14th Street
Comm ty Center
By dw CUy CuiMit MUM City ofRaAs w:
RESOLVED. WHEREAS, the City of Bangor operates a facility known
as the 14th Street Community t@nter; and
WHEREAS, said facility has a number of rooms which are
not being used by the Parks and Recreation Department; and
WHEREAS, organizations and/or individuals may desire
to rent space in said facility; and
WHEREAS, income derived from said rentals would help
defray the costs of operation and maintenance of the facility; and
WHEREAS, said rentals would constitute a service to
the community;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BANGOR THAT the Director of Parks and Recreation, for
and on behalf of the City of Bangor, is hereby authorized to enter
into lease agreements for the rental of the 14th Street Community
Center facilities on such terms and conditions as the Director deter-
mines to be favorable to the City of Bangor, said leases to be in
general conformance with the model Indenture of Lease on file in the
Office of the City Clerk.
In City Cowell December 9,1990 91-31
- R E S O L V E .� CI�C-4 P332
Poosed f
ECS U0
1W Cf LERK .
A ttoriaiflg the D¢raetoro arks and CIiY CLFPM
SLCa
Clerk R d eetion to enter into Agreawt','ie for
the Rsntal of Space st the 14th 9t.
Cop hty Center
B}al
INDENTM OF LEASE
THIS INDENTURE OF LEASE made this _ day of
19 , by and between:
THE CETY OF BANOOR, a body politic and corporate,
duly organised and existing under and by virtue of
the laws of the State of Maine and being located in
-the County of Penobscot, State of Maine (hereinafter
sometimes referred to as "Lessor");
and
(hereinafter sometimes referred to as "Leasee")..
WITNESSETH
VHESEAS, the Lessor is the owner
of a building commonly known a
the "16th Street School" located in the City of Bangoq County of Penobscot,
State of Maine (hereinafter sometimes referred to as the "School'), a copy of
the floor plan of which is attached hereto as Exhibit A and incorporated here
by reference; and
NMEREAS, the Lessee desires to lease certain premises at the School
for the purpose of
NM, THEREpORE, the parties hereto do =rosily agree as follows:
ARTICLE I -
PgEMSES
The Lessor, for and in tow idesation of the rents to be paid and the
obligation to he performed by Lee s hereinafter provided, does hereby de
e
and lea unto Lessee, and Lessee does hereby demise, lease. take, and hire
upon and subject to the conditions hereinafter expressed,the following
described property, viz:
Room(s) labeled as on Exhibit
A (sometimes hereinafter referred to as the
"teased premised').
ARTICLE II
TERM
TO HAVE AND TO HOLD the leased premises onto the Lessee for
racing on , 19 , and ending
on ,019
ARTICLE III
RENTAL
The rent to be paid by Lessee to Lessor during the term of this
lease shall be the sum of
per , payable in advance. Leasee shall pay all
rentals herein required, without prior demand therefor, in lawful money of
the United States, at the address of the Lessor as above set forth or at
such places as Lessor shall designate.
ARTICLE IV
USE OCCUPANCY AND OF PReMISES
Lessee shall u occupy and maintain the premises herein leased in
a businesslike, < refuleandnon-hazardous manner for the purpose of
and for no other purpose whatsoever without the expressed prior written
consent of the Lessor.
Lessee shall not use, occupy o maintain said premises in any manner
as to knowingly violate any law or regulation of any duly constituted govern-
mental authority.
Lessor through its agents shell has at all reasonable times the
right to goon and inspect the leased premises with an authorized represen-
tative of Lessee.
ARTICLE V
INSURANCE
During the entire term of this lease, Lessee shall maintain insurance
in accordance with the provisions of Exhibit R, a copy of which is attached
hereto and incorporated herein by reference.
ARTICLE VI
INDMITY
Lessee shall indemnify and save harmless the Lessor and all of its
employees and agents from and against any and all claims by or on behalf of
any person or persona, firm or firma, corporation or corporations, arising
from the u r
occupancy, conduct o management of, or from any work or things
whatsoever in or about the demisedpremisea by the Lessee, or any represen-
tative or invitee of Lessee.
ARTICLE VII
NON-DISCRRRNATSON
Lessee in the use and occupancy of the leased premises shall not
n the grounds of race,
color, or national origin discriminate or permit
discrimination against any person or group of persona in any mower.
ARTICLE VIII
COVENANTS OF QUIET ENJOYMENT
The Lessor covenants that at the commencement of the term, it has
good title to the demised premises free and clear of all liens and entomb
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The Lessee, subject to the terms of and provisions of this lease o0
payment of the rent, and observing, keeping and performing, all the term and
provisions of this lease oft 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 hinderance or rejection by the Lessor
or any persons lawfully claiming under the Lessor.
ARTICLE M
Mciyo Ics, LIENS
The Leasee agrees to promptly discharge (either by payment or by
filing of the necessary
ary bond o otherwise) any mechanics', materialmev's o
other liens against the dpremises,iaed prises, which liens may arise out of any
payment due for labor, ematerials, supplies or equipment which may
Love been furnished to orrfor the Lessee.
UTILITIES
Lessee at expense shell be responsible for the internal repair
and maintenance of all utility systems which became in need of such repair
and maintenance as a result of Lessee's activities en the leased premises.
ARTICLE %I
M4LlTENANCE ANO REPAIR OF PREMISES
Minor maintenance and repair of the leased premises and the expenses
resulting therefrom, shall be the responsibility of the Lessee. The Lessor
shall be responsible for major repairs to the leased premises, unless said
maintenance
and repairs becomenecessary a c
cult of negligence ant=
and wilful conduct by the Lessee or guests or patrons. Insuch event.
the maintenance and repairs and the expenses resulting therefrom shall be the
responsibility of the Leasee.
ARTICLE III
AUTHORITY TO ENTER INTO AGREEMENT
The Lessor 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 purpose of authorizing the
execution of this agre e
ent and that execution of this agreement by
enders this agreement valid and binding document on the
part of the City of Banger and is fully enforceable in all of its terms and
conditions by the Lessee.
Lessee hereby repressors and warrants that has taken all
necessary, procedural and legal steps as required under all state, local and
federal laws and regulations, and all necessary corporate action to authorize
the execution of this agreement by a of its officers and that the execution
of this agreement is a binding legal document an the Lessee and is fully
enforceable in all of its terms and conditions by the City of Bangor.
ARTICLE ILII
EMININT D"IN
If after the execution of this lease and before the exp4at ion of the
term hereof, the entire leased promises shall be taken by eminent domain, then
this lease and the term hereof shall terminate as of the time that possession
is required notwithstanding that the Lessor's entire interest may have been
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devised by such taking and rent shall be apportioned and adjusted as of the
date of termination. In caonly a part of the leased promises shall be e
taken by right of eminent domain, than if the part so taken renders the to-
ning premises mfit or unsuitable for Lessee's as and occupation, the
Lessee may at election terminate this lease andthe term hereof by notice
to the Lessor in writing within thirty (30) days after receiving notice from
the Lessor of such taking effective as of the time that possession is required
and under said eminent domain proceedings. Any dispute as to whether such
taking renders the remaining promises unfit or unsuitable for Lessee's a and
occupancy shall be determined by three (3) arbitrators, on of whom shalt be
designated by the Lessor, ane by the Lessee and a third by the two so designate
and the determination of said arbitrators, or a majority of then shall be
onclusive. If the Lessor so elects to terminate, the rent reserved, shall be
apportioned and adjusted as of the date of termination.
Except as hereinbefore expressly provided otherwise, the Lessor
reserves solely to itself all rights to recover for damages done to the leased
pre any part of the estate hereby created, which may occur for reason
of any taking or destruction a aforesaid of the leased premises or any portion
thereof, appurtenant thereto, or privilege or casement legally created for whir
recovery of damages orcompensation may be had. The Leasee hereby grants and
signs to the Lessor all of the Lessee's rights to such damages or claims of
damage to or for the leased premises, whether to the whole property o
eapecielty.to the estate hereby created arising o erring during the term
of this lease or any extension thereof, to have and to hold the same to the
Lessor, the Lessor's successors and assigns forever.,
ARTICLE %IV
TERMINATION
It is covenanted and agreed that;
1. If the Lessee shall neglect or fail to pay the rent o
other charges payable hereunder and such default shall
onetime, for a period of ten (10) days after written
notice thereof by the Lessor; or
2. If the Leasee shall neglect or fail to perform or
observe any of the other covenants, terms, provisions,
or conditions on part to be performed or observed
and such default shall continue for a period of
thirty (30) days after written notice thereof by the
Less r
3. If the estate hereby created shall be taken on
execution or by other process of law; or
4. If any assignment shall be made of the property of
the Lessee for the benefit of creditors,
than, in any of the said cases.
ranthe Lessor lawfully may, immediately o at y
time thereafter, and without m
demand o notice, enter Into and upon the leased
premises o any part thereof, in the name of the whole and repossess the same
as of the Lessor's former estate, and expel the leasee and those claiming
through or under and remove or their effects (forcibly, if necessary)
without being de®ed 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 comment, and upon entry a aforesaid, this lease shall terminate, as
the Lessee cv ante and agrees to pay and shall be liable for the days
originally fixed herein for the payment thereof, amounts equal to the several
installments of rents and other charges reserved as °they would, under the terms
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of this lease, become due if this lease had not been terminated or if the
Lessor had not entered or re-entered as aforesaid.
As an alternative, at the election of lawsor, Leasee will upon such
termination pay to Lessor, as damages, such a a= as at the time of termination
repressors theamount of the excess, if any, of the than value of the total ce
and other benefits which wouldc
have a under
rued to the Lessor this lease for
the remainder of the lease term if the provisions of this lease had been fully
complied with by Lessee Over and above the then cash rental value (in advance)
of the premises for the balance of the term.
ARTICLE XV
REMOVAL OF PROPERTY
Upon the termination or expiration of this lease, the improvements
and other personal property erected or located upon the demised premises by
the Lessee shall remain the property of the Lessee, and the Lessee shall have
the right to remove the same from the Namaland premises within thirty (30) days
from the date of termination of said lease. Any such property not so removed
within said thirty (30) days, shall became the property of the Lessor to be
disposed of in such way as it may deem fit. In the event the Lessee elects
to remove
said improvements and other personal property, the buildings and
land appurtenant thereto shall be returned to as near
as possible its condition
as at the commencement of this lease ordinary wear and tear excepted.
ARTICLE RVI
DELIVERY W LEASED PREI4SES
Upon the termination or expiration of this lease, the Lessee shall
surrender and deliver possession of the leased promisee to the Lessor in goad
condition and repair, ordinary wear and tear excepted.
ARTICLE %VII
Notices to Lessor provided for in this lease shall be sufficient if
ant by registered or
certified mail, postage prepaid, addressed to: Director
of Parks 6 Recreation, City of Bangor. 73 Harlow Street, Bangor, Maine, and
notices to Lessee shall be sufficient if sent to:
or to such other respective addresses as the parties may designate to each
ther in writing from time to time.
ARTICLE xyln
SUCCRSSICN AND ASSIGNABILITY
All provisions of this lease shall extend to, biM and fence to the
benefit of not only the Lessor and Lessee but also their successors and
signs.
Leasee shell not encumber, mortgage, assign or sublet or transfer
interests orany part thereof under this lease without the prior expressed
written consent of the Lessor. In no event shell the Leasee named herein be
relieved from any obligations under this lease by virtue of say assignment or
sublease.
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ARTICLE SIX
ACCESS TO PREMISES
Lessor at its am expense shall maintain all streets and roadways
abutting the leased premises and provide access thereto free and clear of
e and other impedimeats to vehicle and pedestrian traffic. Lessor
shall'provide for snow removal of the parking areas adjacent to the building
containing the leased premises.
ARTICLE V
The Lessee shall have the right to utilize the parking lot facilities
at the School. It is understood by and between the parties, however, that
such right is held in comemou with other occupants and/or patrons of the School
and that the Leasee shall have no parking spaces reserved exclusively for
ARTICLE ARI
NAMR
Failure oa the part of the Lessor to complain of any action or ma -
action on the part of the Lessee no matter has long the same
may continue,
shall never be deemed to. be a waiver by the Lessor of say of the Lessor's
rights hereunder. Further, it is covenanted and agreed that n waiver at any
time of any of the provisions hereof by Lessr, shall he onstrued a waiver
of any of the other provisions hereunder, and that awaiver
at any time of any
of the provisions hereof shall not be construed at any subsequent time of the
same provisions. The approval of Lemsor to or of any action by the Lessee
requiring the Lessor's consent or approval, shall not be deemed to naive
enderary the Lessor's consent o approval to or of any subsequent
similar nact cby the Lessee.
ARTICLE MI
AMEROi4Vt TO LEASE
This lease contains all the. terms and conditions barman the parties
hereto and no alteration, amendment or addition thereto shall be valid unless
in writing and signed by the party against Whom enforcement may be sought.
ARTICLE %%III
INVALIDITY OF PARTIWR.AR PROVISIONS
If any term or provision of this lease is held to be invalid o
enforceable, the remainder of this lease shall not be effected thereby and
each other team and provision of this lease shall be valid and be enforceable
to the fullest extent permitted by law.
ARTICLE %RTy
CONSTRUCTION
The headings appearing in this lease are intended for convenience
and reference only, and not to be Considered in construing this lease.
Nothing contained herein shall be deemed or construmui by the parties
hereto, nor by any third party, as creating the relationship of principle and
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EXHIBIT "A"
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INSURANCE
During the entire term of this lease, Lessee shall maintain Stability
Insurance with companies authorize to do business in the State of Maine for
the protection of Lessor, which shall be named as an additional insured,
against all claims, losses, costa and expenses arising out of injuries to
persona, whether. or not employed by Leasee, or damage to property resulting
from acts, omissions, negligence Or otherwise of Lessee, Its directors, office
employees and agents And arising from the use of the leased premises or any
part or portion of the 14th Street School premises. Lessee's liability
insurance policies shall provide coverage for the following exposures in not
lees than the following limits: -
WWREHENSIVE PUBLIC LIABILITY
Bodily Injury (each accident)
$ (each person)
g (each accident)
WNPRBNRWSIVE PWPBRTY DAMAGE
$ (each item)
$ - (each occurrence)
WTCR VEHICLE LIABILITY
Bodily Injury (each accident)
$ - (each person)
$ (each accident)
Property DAmage
A (each accident)
All such insurance may be covered by bleaker policies of Lessee.
Losses shall cause to be furnished to lessor evidence in the form of
certificates of insurance of the existence uW continuance in force of the
insurance required hereunder.
51-30
INDE=RE OF LEASE
THE CIEY OF RANCOR, a body politic and corporate,
duly organized and existing under and by virtue of
the Iowa of the State of Maine and being located in
the County of Penobscot, State of Maine (hereinafter
sometimes referred to as eLeae r"); '
frE
TNe BANCOR JAYCEES, a con -profit organization
located in Bangor. County of Penobscot, State of
Maine (bereioafter sometimes referred to as
"Leasee").
WITNESSETH-
WHERFAS, the Lessor is the owner of a structure, commonly know as
the "Essex Street Recreation Concern, located on Essex Street in said City of
Banger, Comfy of Penobscot, State of Maine on a parcel identified as Lot )
on Assessors Nap No. R-48; and
WIE:REAS, the Lessee desires to lease said Recreation Center for its
Monday evening meetiags; '
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 hereby
demise and lease sets Lessee, and Lessee does hereby lease, take, and hire
upon, subject to the conditions hereinafter expressed, the following described
property, vis: Seems Street Recreation Center.
ARTICLE II
TERN
The term of this lease shall be for one (1) year, commencing on
19 , and ending on 19
ARTICLE III
RENTAL
The rest to be paid by Lessee to Lessor during the term of this lease
shall be the aum of One Hundred Dollars ($100.00) per year, payable in advance
in lawful money of the Potted States at the address of the Lessor a8 set
forth herein or at such other place as the Lessor shall dominate.
Provided, however, that in the ev the Leasee a the leased
premises to generate income, the Lessee hereby agrees to pay to the Lessor
fifty percent (50S) of the net proceeds derived therefrom within thirty (30)
days of the Income generating activity.
WIS INDENTURE OF
LEASE
made
this
day
of
19
, by and between:
THE CIEY OF RANCOR, a body politic and corporate,
duly organized and existing under and by virtue of
the Iowa of the State of Maine and being located in
the County of Penobscot, State of Maine (hereinafter
sometimes referred to as eLeae r"); '
frE
TNe BANCOR JAYCEES, a con -profit organization
located in Bangor. County of Penobscot, State of
Maine (bereioafter sometimes referred to as
"Leasee").
WITNESSETH-
WHERFAS, the Lessor is the owner of a structure, commonly know as
the "Essex Street Recreation Concern, located on Essex Street in said City of
Banger, Comfy of Penobscot, State of Maine on a parcel identified as Lot )
on Assessors Nap No. R-48; and
WIE:REAS, the Lessee desires to lease said Recreation Center for its
Monday evening meetiags; '
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 hereby
demise and lease sets Lessee, and Lessee does hereby lease, take, and hire
upon, subject to the conditions hereinafter expressed, the following described
property, vis: Seems Street Recreation Center.
ARTICLE II
TERN
The term of this lease shall be for one (1) year, commencing on
19 , and ending on 19
ARTICLE III
RENTAL
The rest to be paid by Lessee to Lessor during the term of this lease
shall be the aum of One Hundred Dollars ($100.00) per year, payable in advance
in lawful money of the Potted States at the address of the Lessor a8 set
forth herein or at such other place as the Lessor shall dominate.
Provided, however, that in the ev the Leasee a the leased
premises to generate income, the Lessee hereby agrees to pay to the Lessor
fifty percent (50S) of the net proceeds derived therefrom within thirty (30)
days of the Income generating activity.
AUICLE IV
USE, OCCUPANCY AND IMPROVEMTf OF PREMISES
Lessee shall use, ccupy, and maintain the premises herein leased in
a businesslike, careful, and non -hazardous mawr for the purpose of holding
its meetings thereon and for no other purpose whatsoever without the expressed
prior written consent of the Lessor. The a and occupancy of the leased
premisee by theLessee shell berestrict" to Monday evenings, unless otherwin
mutually agreed upoaby the Lessor and Lessee. _
Lessee SM11 not use, cupy, or maintain the leased premises in any
s to knfngly violate any law or regulation of any duly constituted
govew
rnmental authority.
Lessor, through its agents, shall have at all reasonable times the -
right to go on and inspect the leased premises.
In addition, it Is expressly understood by and between the Lessor
aha the Lessee that this lease does nut entitle the Lessee to the =elusive
use and/or occupancy of the leased premises.
ARTICLE V
INSURANCE
Lessor shall insure the leased premises against property damage and
public liability decade. However, it Is expressly understood by and between
the parties hereto that the Lessors insurance will sot cover the activities
of the Lessee conducted onr In Mnor e leased premises, v any property of the
Lessee stored and/or used on or in the leased premises.
ARTICLE VI
MENNITY
Lessee shall indemnify aha save harmless the Lessor and all of its
employees and agents from and against any and all claims by or on behalf of
any person(s), firm(s) or corporation(s) arising fromthe use, ccupancy,
conduct or management of, or from any work or things whatsoever in or about
the leased premises by the Lessee, or any representative or invitee of Lessee.
ARTICLE VII
EON-OLSCRIBINATION
Lessee in the use and occupancy of the leased premises shall not o
the grounds of race,
r
color o national origin discriminate or permit discrimi-
nation against any person or group of persona in any manner.
ARTICLE VIII
bf N lCsn LICKS
The Lessee agrees to promptly discharge (either by payment or by
filing of a necessary bond or otherwise) any mechanical, materialments or
other liens against the leased premises, which lines may arise out of any
payment due for labor, services, materials, supplies or equipment which may
have been furnished to or for the Lessee.
ARTICLE I8
UTILITIES
Leasee shall furnish electricity and heat to the leased premises.
Provided, however, that the Lessee hereby agrees to reimburse the Lessor for
any expenses Incurred, due t0 Increased consumption, for electricity and heat
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over and above the expenses incurred far the same during the ore year
period prior to the term of this lease.
AEFICLE X
MAINTENANCE. AND REPAIR OF PREMISES
Lessor shall be responsible for maintenance and repair of the heating
system, plumbing, water, and structural components of the leased premises,
unless said maintenance and repairs become necessary a ecult of negligence
Or wanton and wilfulconductby the Lessee or its guests orpatros.- In such
ant, the maintenance and repairs and the expenses resulting therefrom shell
be the obligation and responsibility of the Lessee.
Leasee shall be responsible for: the painting and general cosmetic
appearance
of the building, cleanup and maintenance of the grounds of the
leased promises, installation of a "dusk -to -dawn" light, and cleanup of the
interior of the leased premises subsequent to each am every "a of the
premises by Lessee. -
The Lessor hereby represents and warrants that it has taken all
necessary, procedural and legal steps as
required order all state, local am
federal laws and regulations whatsoever for the purpose of authorising the
execution of this agreement and net execution of this agreement by
enders this agreement a valid and binding document on the
part of the City of Bangor and is fully enforceable in all of its teams and
conditions by she Lessee.
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, to authorize as execution of this agreement by
one of its officers and that the execution of this agreement by
, in his capacity a , is a bindiry
legal document on the lessee end is fully enforceable in all of its terms and
conditions by the City of Bangor.
ARTICLE XII
gMII16ITT DOMAIN
If after the execution of this lease and before the expiration of the
term hereof, the entire leased premises shall be taken by eminent domain, then
this lease aha the term hereof shall terminate as of the time that possession
is required notwithstanding that the Lessor's entire interest may have been
devised by such taking and rent shall be apportioned and adjusted as of the
date of termination. in case only a part of the lased premises shall be so
taken by right of eminent domain, than if the part so taken traders the
remaining premises unfit orsuitable for Lessee's use end occupancy, the
Leas may at its electionterminate this lease and the tare hereof by notice
to the Lessor in writing within thirty (30) days after receiving notice from
the Lessor of such taking effective as of the time that possession is required
andundersaid eminent domain proceedings. Any dispute as to whether such
taking renders the remaining premixes 'unfit or unsuitable for Lessee'6and
occupancy shall be determined by three (3) arbitrators, on of whom shall be
designated by the Lessor, one by the Lessee son a third by the two so Lesig-
=red, and the determination of said arbitrators, or
amajority Of them shall
be conclusive. If the Lessors elects to terminate, the rest reserved, shall
be apportioned and adjusted as of the date of termination.
Except as hereinbefore expressly provided otherwise, the Lessor
reserves solely to itself all rights to recover for damages done to the lased
premises o any part of the estate hereby created, which may occur for reason
of any taking or destruction as aforesaid of the leased premises or any portico
thereof, appurtenant thereto, or privilege or easement legally created for whi
recovery of damages or compensation may be had. the Lessee hereby grants and
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signs to the Lessor all of tie Lessee's rights to such damages or claim of
demage to or for the leased premises, whether to the whole property o
especially to the estate hereby created arising ooccurring during the term
of this lease o any extension thereof, to have and toheld the same In the
Lessor, the Lessoz s successors and assigns forever.
ARTICLE XIII
TRRUINATMN
It is covenanted and agreed that:
1. If the Lessee shall neglect or fall to pay the rent or
other charges payable hereunder and such default shall
continue for a period of tea (10) days after written
notice thereof by the Lessor; or
2. If the Leasee shall neglect or fail to perform or
observe any of the other severance, tame, 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
Lessor; or
3.If the estate hereby created shall be taken on
execution or by other process of law; or
4. If any assignment shall be made of the property Of
the Lessee for the benefit of creditors,
than. in any of the said cases, the Lessor lawfully my, immediately at
at any
tim thereafter, and without
demand o notice, enter into and upon the leased
pressines or any part thereof, in the man of the whole and repossess thea
as of the isemor's former estate, and expel the Lessee and those claiming
through or easier it and resseve its or their effects (forcibly, if necessary)
without being deemed guilty of any motor 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 Lesseecovestants and agrees to pay and shall be liable for the days
originally fixed herein for the payment thereof, amounts equal to the several
installments of rents and other chargee reserved as they would, under the
terms of this lease, became due if this lease had not been terminated or if
the Lessor bad Out entered or re-entered as aforesaid.
As an alternative, at the election of Lessor, Lessee will upon such
termination pay to Lessor, as damgea, such a a= as
at the tine of terminatio
t
repro en
s the a unt of the a if any, of the then value of the total
rant and other benefits which would have crued to the Lessor under this leas
for the r aatoder of the lease term if the provision of this lease had been
fully complied with by Lessee over and above the than cash -rental value (in
advance) of the promisee for the balance of the tem.
ARTICLE XIV
RE OVAL OF PWPERTT
Upon no lamination or eapirstion of Chia lease, the improvements
and other personal property erected or located upon the demised promisee by
the Leasee shall remain the property of the Lessee, and the Lessee shall have
the right to remove the sam from the demised premLes within thirty (30) days
from the date of termination of amid lease. Any such property not a moved
within said thirty(30) day period, shall become the property of the Lessor to
be disposed of in such way as it my deem fit. In the event the Lessee elects
W roto said improvements and other personal property, the buildings and
land appurtenant thereto shall be returned to • as possible its conditiu
as at the commencement of this lease ordinary weer and tear excepted.
ARTICLE RV
DELIVERY OF LEASED PRIISSBS
Upon the termination or expiration of this lease, the Lessee shall
surrender and deliver possession of the leased premises to the Lessor in good
condition and repair, ordinary wear and tear excepted.
ARTICLE %VI
NOTICES
Notices to Lessor provided for in this lease shall be sufficient if
eat by registered or
certified mail, postage prepaid, addressed to: Director
of Parks A, Recreation,City of Bangor, ye Barlow Street, Bangor, Mein{ and
notices to Lessee shall be sufficient if seat to: President, The Bangor Jaycee
P.O. Box 891, Bangor, Maine, or to such other respective addresses as the
parties may designate to each other in writing from time to time.
ARTICLE %VII
All provisions of this lease shall extend to, bind and inure to the
benefit of not only Me Lessor and Lessee but also their successors aha
assigns.
Lessee shall not encumber, mortgage, assign or sublet Or transfer
its interests orany part thereof under this lease without Me prior expressed
written consent of the Lessor. In no cemiat shall the Lessee mmed herein be
relieved from any obligations under this lease by virtue of any assignment or
sublease.
ARTICLE SVIII
ACCESS 1O PRAISES
Lessor at its Own expense shell reasonably maintain all street& and
roadways abutting the leaved premises and provide access thereto reasonably
free and clear of snow, ice and other impediments to vehicle and pedestrian
traffic. Lessor shall provide for an removal of the parking areas adjacent
to the building containing the leased premises.
ARTICLE TIT
The Lessee shall have the right to utilize the parking lot facilities
at the Recreation Center. It is understood by and between the parties, bereave
that such right is held in common with other occupants and/or patrons of the
Recreation Center and that the Lessee shall have no parking spaces reserved
enclusively for Its use.
ARTICLE RR
Failure on the part of the Lessor to complain of ally action or non-
action on the part of the Lessee no matter has long the same may continue,
shall never be deened to be a waiver by the Lessor of any of the Lessor's
rights hereunder. Further, it is covenanted and agreed that v waiver at any
time of any of the provisions hereof by Lessor, shall be construed as a waiver
of any of Me other provisions hereunder, and that a waiver at any time of any
of Me provisions hereof shall not be construed at any subsequent time of the
same provisions. The approval of Lessor to or of any action by the Leasee
requiring the Lessor's consent or approval, shall eat be deemed to waive o
ender
ary Me Lessor's consent or approval to or of any subsequent
similar act by the Lessee,
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ARTICLE SIT
AMERSONT TO LEASE
This lease contains all the terms and conditions between the parties
hereto and no alteration, amendment or addition thereto shall be valid unless
le writing and signed by the party against whom enforcement may be sought.
ARTICLE =11
INVALIDITY OF PARTICULAR PROVISIONS
If any term or provision of this lease Is held to be invalid or
enforceable,the remainder of this lease shall hot be affected thereby and
each other term and provision of this lease shall be valid and enforceable
t0 the fullest extent permitted by lay.
ARTICLE a6III
CONSTRUCTION
The headings appearing in this lease are intended for convenience
and reference only, and not to be considered in construing this lease.
Nothing contained herein shall be deemed or constrvesl by the parties
hereto, nor by any third party, as
eating the relationship of principle
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 rest
set arty provision Contained heIefn 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 xxiv
GOVERNING LAW
This lease shell 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 bonds arta
seals the day and year firstwritten above.
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LESSOR: CM OF BANGOR
By:
Title:
LESSEE: THE BANGOR JAYCEES
By:
Title-