Loading...
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 -2- 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 -3- 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 -4- 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. -5- 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 -6- EXHIBIT "A" C� L.n CIA C n� 5 if r4 1 CIASz I G�PLS eLASS I C ,s I CLASS i i.. f. L B my B 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 -2- 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 -3- 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, -5- 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. -6- LESSOR: CM OF BANGOR By: Title: LESSEE: THE BANGOR JAYCEES By: Title-