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HomeMy WebLinkAbout1980-05-28 189 AH ORDER189 All Introduced by Councilor Soucy, may 28, 1990 CITY OF BANGOR (TIRE) (Jorber ....Authorizing Lease of Pr mrges an Ohio St et_gora nay caa@ for Special Education students ........ .._. _.. _. ......................... BY the MY Commit Of the City ofBumaor., ORDERED. TORT Dale Theriault, Assistant parks 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 Walter ]..and Volvo D. Constantine for use of certain premises on Ohio Street for purposes of operating a day camp for special education students during the summer, 1980. 4�' in Oita counn M y 28919W 189 Ah Passed -o R n E R .o MI 21 Ab `A Title, RECEIr _.;. 'C tv Clerl CITY OF SAM M Authatising Lease of Promises so CITY CLERfi, :.... Oh{o St. Stud ts Camp .Por ...S.pe.cial ... Pducatio. Students Introduced aqd fi by d STT. /J,///./.(C2 .�... 7,. . ell ellnen LEASE THIS AGHEEMENT made this 20' day of 1980, by and between WALTER J. and-VELVA D. C(NSIANTINE (hereinfter sometimes referred to as the "Lessors") of Bangor, County of Penobscot, State of Maine, and the CITY OP SANGOE, a municipal corporation located in Penobscot County, State of Maine ereineftex sometimes referred to as the "City"). WITNESSETH: 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 unto the City Certain premises located an Ohio Street, Danger, Maine, reserving and excepting to the Lessors all buildings and access thereto, except the log cabin as show on a plan annexed hereto as Exhibit "A". Lessors 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 agreed upon by the Lessors and authorized representatives of the City's Parks S Recreation Department. (2) To HAVE AND TO MOLD the above-described premises onto the City for a term beginning on the 14th day of dose, 1980, and terminating an the 31st day of August, 1980, at a total rental of Three Hundred ($300.00) Dollars payable in advance an the first day of said term. (3) The City shall us , occupy and maintain the premises for the Purpose of operating a day camp for special education students. am for no, ache purposes whatsoever without the expressed written consent of the Lessors. The City shall not use, occupy, or maintain said prmraes in any matter as to knowingly violate any law or regulation of any duly constituted governmental authority. (4) During the entire term of this agreement, the City shall maintain liability insurance with companies authorized to do business in the State of Maine 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 Damage $300,000.00 [each occurrence] $300,000.00 [aggregate] (5) It is covenanted and agreed that: xf the City shall neglect or fail to pay the rent 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 notice 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 i sent by registered or certified mail, postage prepaid, to: City of Bangor, 73 Barlow Street, Bangor, Maine( or to such other respective addresses as the parties may designate to each other free time to time. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. `'�/J����� ,�/yL CITY OF WGT //` 1Il!/a'Ola VY By a LU Witness Assistant Parka 6 Eecreati Director, City of Bangor Witness Witness house ■ lug cabin 0 R13-3 32.] acres 530 MIBIT "A" Not to Scale LEASE THIS AGREEMENT made this _ day of , 1980, by and between WALTER T. and VELVA D. CONSTANEINB (hereinafter sometimes referred to as the 'Lessors") of Bangor, County of Penobscot, State of Mine, and the CITY OF RANCOR, a municipal corporation located in Penobscot County, State of Maine (hereinafter sometimes referred to as the "City"). WITNESSETH: 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 unto the City certain premises located on Ohio Street, Ranger, Mein, 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". Lessors 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 annually agreed upon by the Lessors and authorized representatives of the City's Parks 6 Recreation Department. (2) TO WAVE AND TO HOLD the above described premises auto the City for a term beginning on the 14th day of Tune, 1980, and terminating on the Slat day of August, 1980, at a total rental of Three Hundred ($300.00) Dollars payable in advance on the first day of said term. (3) The City shall age, occupy and maintain the premises for the purpose of operating a day camp for special education students, and for no, oche purposes whatsoever without the expressed written consent of the Lessors. The City shall not u , ccupy, or maintain said premises in any manner as to knowingly violate any law or regulation of any duly constituted gonernmental authority. (4) During the entire term of this agreement, the City shall maintain liability insurance with companies authorized to do business in the State of Maine 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 cot employed by the City or damage to property whether resulting from acts, missions, negligence or otherwise of the City, its City Council, officers, employees add 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 lees them the following limits: Bodily In3uxv and Property Dammam $300,000.00 [each occurrence] $300,000.00 [aggregate] (s) It is commented 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 (10) days; or if the Lessors wish to terminate this agreement for any reason whatsoever, the Lessors lawfully may after giving thirty (30) days'wr£tten notice t0 the City, enter into and upon said promises and expel the City. All fixtures Or personal property remaining an the prem£aea 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 she 11 be sufficient if sent by registered or certified mail, postage prepaid, to: Walter J. and Valva D. Constantine, 1806 Ohio Street, Bangor, Maine; andnotices to the City shall be sufficient i sent by registered or certified mail, postage prepaid, to; City of Behest, 73 Harlow Street, Bangor, Maine, or to such other respective addressee as the parties may designate t0 each other from timeto time. IN W=SS wNdefol, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR By Assistant paths eatiop Director, City off Banner LESSORS Witness Walter J. Constantine Witness . Valve D. Constantine novae log cabin R13-3 530 32.] acres IXHIBIT "A" Not to Scale