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HomeMy WebLinkAbout1981-06-22 81-192 ORDER81-192 Introduced by Councilor Soucy, Sune 22, 1981 CITY OF BANGOR (TITL6) (Drbtrf,-_. Authorizing lease of Rresteea... ml DAto SFreet for a_ By tM City Cowan! Of the City OfBanaor: O&IIBRED, ._ TnT Dale Therzault, Assistant Parka 6 Recreation Director, is hereby authorized and directed to execute a lease agreement, a copy of which is on file in the office of the City Clerk, with Wetter S. and Valva D. Constantine for use of certain premises on Ohio Street for purposes of operating a day camp for the mentally retarded during the summer, 1981. 81-192 In City CounCil June 22,1901 - Passed 0 R 0 E R - Tiue '81 JUN 15 NO bO �ffmt �fww�. ilNh Lsifi(rte - f Premises on Ohio St hi... Ci Clerk .................................. .... CITY 0!'ek� for a Day Camp for the Mentally Retarded CITY CLERK Intrad dn51do msn— 81-192 LEASE THIS ACREEVINT made this day of , 1981, by and between WALTER J. and VELVA D. CONSTANTINE (hereinafter sometimes referred to as the 'Lessors") of Bangor. County of Penobscot, State of Mine, and the CITY OF BANWR, a municipal corporation located in Penobscot County, State of Na ine (hereinafter sometimes referred to as the "City"). WITNESSETH' NOW, MsprPORE, the parties do mutually agree as follows: (1] The Lessors, for and in consideration of the rents to be paid and the obligations to be performed by the City as hereinafter provided, does hereby lease Onto the City certain premises located on Ohio Street, Bangor, Heine, reserving and excepting to the Lessors all buildings and access thereto, except the log cabin as shown cm a plan annexed hereto as Exhibit 'A". Lessors further agree and permit the City to use a swimming pool presently located w said premises at such times and under such conditions as may be mutually agreed upon .by the Lessors and authorised representatives of the City's Parke b Recreation Department. - [I] TO HAVE AND To HOLD the above described premises into the City for a term beginning on the 14th day of lune, 1981, and termination On the 31st day of August, 1981, at a total rental of Three Hundred ($300.00) Dollars payable in advance on the first day of said term. - [31 The City shall use, occupy and maintain the premises for the purpose of operating a day camp for the mentally retarded, and for no other purposes whatsoever without the expressed written consent of the Lessors. The City shall not use, cupy, or maintain said premises in any manner as t0 knowingly violate any law or regulation Of any duly constituted governmental authority. [41 During the entire term of this agreement, the City shall maintain liability insurance with companies authorized to do business in the State of Nein for the protection of the Lessors who shall be named as additional insureds against all claims, losses, costs or expenses arising out of injuries to persons whether or not employed by the City or damage to property whether resulting from acts, Omissions, negligence or otherwise of the City, its City Council, officers, employees and agents and arising from the City's use of the premises. The City's liability insurance policy shall provide coverage for the following exposures in not less than the following limits: Bodily Injury and Property Hammes $300,000.00 [each occurrence] $300,000.00 [aggregate] [5] It is covenanted and agreed that: if the City shall neglect or fail to pay the rest as herein provided and such default shall continue for a period of ten (10) days; or if the Lessors wish to terminate this agreement for any reason whatsoever, the Lessors lawfully may after giving thirty (30) days' written =ties to the City, enter into and upon said premises and expel the City. All fixtures or personal Property remaining on the premises after said thirty (30) day period shall be presumed to have been abandoned by the City and shall become the property of the Lessors. [6] Notices to the Lessors shall be sufficient if sent by registered or certified mail, postage prepaid, to: Walter J. and Valva D. Constantine, 1806 Ohio Street, Banger, Maine; and notices to the City shall be sufficient if seat by registered or certified mail, postage prepaid, to: City of Bangor, 73 Harlow Street, Bangor, Maine; or t0 such other respective addresses as the parties may designate to each other from time to time. IM WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR By Asst. Parks 6 Recreation Director City of Bangor LESSORS Witness Welter J. Constantine Valva D. Constantine house M log cabin R13-3 32.) acres EXHIBIT 'Ws Not to Scale LEASE THIS AGREBMENT made this _ day of , 1981, by and between WALTER J. and VELVA D. CONSTANTINE (hereinafter sometimes referred to as the "Lessors") of Bangor, County of Penobscot, State of Maine, and the CITY OF BANGOR, a municipal corporation located in Penobscot County, State of Maine (hereinafter sometimes referred to as the "City"). WIMESSM: NOW, THEREFORE, the parties do mutually agree as follows: [1] The Lessors, for and in consideration of the rents to be paid and the obligations to be performed by the City as hereinafter provided, does hereby lease auto the City certain premises located he Ohio Street, Bangor, Maine, reserving and excepting to the Lessors all buildings and access thereto, except the log cabin as shown on a plan annexed hereto as Exhibit "A". Lesson further agree and permit the City to use a swimming pool presently located on said premises at such times and under such conditions as may be mutually agrees upon by the Lessors and authorized representatives of the City's Parke & Recreation Department. - [2] TO HAVE AND TO HELD the above described promisee unto the City for a term beginning on the 14th day of Jose, 1981, and terminating on the 31st day of August, 1981, at a total rental of Three Hundred ($300.00) Dollars payable in advance on the first day of said term. [3] The City shell use, occupy and maintain the premises for the purpose of operating a day camp for the mentally retarded, and for no other purposes whatsoever without the expressed written consent of the Lessors. The City shall not use, cupy, or maintain said premises in any manner as to knowingly violate any law or regulation of any duly constituted governmental authority. [41 During the retire term of this agreement, the City ''shall maintain liability insurance with companies authorized to do business in the State of Mahe for the protection of the Lessors who shall be named as additional insureds against all claims, losses, costs or expenses arising out of injuries to persona whether or not employed by the City or damage to property whether resulting ft= acts, emissions, negligence or otherwise of the City, its City Council, officers, employees and agents and arising from the City's use of the premises. The City's liability insurance policy shall provide coverage for the following exposures in not less than the following limits: Bodily Priory and Property Persons $300,000.00 [each o rem ce) $300,000.00 [aggregate] [5) It is covenanted and agreed that If the City shall neglect or fail to pay the rent as herein provided and such default shall continue for a period of ten (ID) days or if the Lessors wish to terminate this agreement for any reason whatsoever, the Lessors lawfully may after giving thirty (30) days' written notice to the City, enter into and upon said promises and expel the City. All fixtures or personal property remaining on the premises after said thirty -(30) day period shall be presumed to have been abandoned by the City and she 11 become the property of the Lessors. [6) Notices to the Lessors shalt be sufficient If sent by registered or certified mail, postage prepaid, to: Walter J. and Velva D. Constantine, 1806 Ohio Street, Bangor, Maine; and notices to the City shall be sufficient if seat by registered or certified mail, postage prepaid, to: City of Bangor, 73 Harlow Street, Bangor, Maine; at to such other respective addresses as the parties may designate to each other from time to time. IN WITNESS WID:RWF, the parties hereto have set their hands and seely the day aW year first written above. CITY OF BANGDR By Asst. Parks g Recreation Director City of Bangor LESSORS Witneee Walter J. Constantine Valva D. Constantine P house log cabin R13-3 32.] acres EXHIBIT "A" Not to Scale