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Home My WebLink About1980-02-25 115 AH ORDERL' 115 AH Introduced by Councilor Soucy. February 25, 1980 CITY OF BANGOR (TITLE.) Wrk[¢ro..—A: c!+ rra� City Manager to Execute Leese Ag aemmt with By the Gtr Council of City ofBanyor. ORDERED, TEAT the City Manger is hereby authorized and directed, to behalf of the City of Prager, to execute a Lease Agreement, a copy of which is on file in the office of the City Clerk, providing for the lease of certain promisee at Base Park to the Base Park Corporation. 115 AN IN CITY COUNCIL y i O R D E R Feb ry 25 19W 1 Consider tew.t_r gala etl b Title, or aspeMe.; 1 t ng Oy thefollowiq Yea and no votes: Councilors I �. ger to H:ewte voting yes: saldacci, Y. Auchorizi Ci Mane arwntas r.' .................................. McKernan, Porte[, Soucy, Weymouth; Woad and Zeadxian. Councilor Lease Agreement with ends park Corporation vot no: Gass. ...................................... '8D FEB 21 P355 o Tx CLERK Introduced and fil by r'qEmve.: CITY OF BANGOR IN Chex c - -w 9Ncxl m�?..!-f..:. ..., ... CITY CIERN Con e[ 3I 1July cllman Cons Jul Lq 1980 Y Vote for 3rd amendment %Yee 1 No 1 Absent C� Voting yes Baldaccd. Brountas:Porter:Swr Waymonth:Wood:Zendzian Voting No Gess Absent Mc Curren In City Council July 16,1980 amendment Passed cons ad next regular g Vote for 4th amendment %Yea 1 No lAbsent Voting yes Baldaccl: Brauthae:Porter: City C70 Soncy,way wuth:NOCd:Zeditian Voting No Gass Absent No Korean IN city cduncil July 20:1900` Amendment Passed .Vote for-lSt-Mefismant Tyes Ino Vote for Passage as amended 6Yes 2 No labseth. 1 Absent Voting yes Balance!: _ Voting you BaldacC:RrouMsa:Porter.5oury Broantas,Porter:Boucy:Weymekth Weymoutb,Wood, Voting No Gase,Zendzian Absech Me Curren Wood:Zendzian Voting m Gass. Passed as amended Absent Me Kernan _ Amendment Passed I( Vote for 2nd wend anct lye r, ` City Cleik 1 No 1 Absent Voting yes `., q A IENDNERTS TO I.eASE AGREEMENT Council Order 115 AM (1) First clause in Article TI to be amended to read as follows: "Subject to the terms and conditions contained herein, this Agreement shall comence an the first day of Meeek;ague;-sad-elp4zshoteal-hey-af-MezyMy aau}January. 1981. anndd expire w the last day of January.y.1981; (3) Paragraph D of Article III, first sentence, to be amended to read as follows: "On or before the let day of Matth-ef-eeeF-yeez May of act . . . . 9 401. (3) The ameemd+and xkd-N sentences of Article IV, Paragraph D, to be deleted and replaced with the following: k "On or before April jai of even year Leasee shall notify Lessor of the dates for which it has been authorized to conduct harnessracing and an agri- cultural fair an the oreaisee." (4) The following description to be added to Exhibit A: N "That portion of Bess Park, so-called, located generally northerly of the and of Dutton Street andouxlined i red on the elan attached herets. 115 AH LEASE AGREEMENT THIS LEASE AGREEMENT made and executed in duplicate this _ day of 1980, by and between the CITY OF BANGOR, a municipal corporation, as Lessor, and BASS PARR CORPORATION, as Lessee. WITNESSETH: WHEREAS, the City of Bangor holds title to certain premises commonly known as Bass Park, located in said City, County of Penobscot, State of Maine, and said premises being subject to certain conditions contained in the Will of Joseph P. Bass, Late of Bangor, Maine; and WHEREAS, there is a public Auditorium located on said premises commonly known as Bangor Auditorium; and WHEREAS, attached to said Bangor Auditorium there is a new structure commonly known as the Bangor Civic Center; and WHEREAS, Bass Park Corporation wishes to have said Bass Park, Auditorium, Civic Center and other facilities for public recreation purposes. NOW, THEREFORE, the parties do mutually agree as follows: ARTICLE I PREMISES: Lessor, in consideration of the rents, charges and other fees to be paid by the Lessee, and the obligations to be performed by the Lessee as hereinafter provided, does hereby -2 - grant and lease unto the Lessee and the Lessee does hereby take and hire subject to the conditions herein expressed, those parcels of land, with the buildings and improvements thereon, located at Bass Park, so-called, in the City of Bangor, Maine, said parcels of land being more fully described in Exhibit A attached hereto and made a part hereof. ARTICLE II TERM: Subject to the terms and conditions contained herein, this Agreement shall commence on the first day of March, 1980, and expire on the last day of March, 1980; provided, however, the term of this agreement shall be automatically extended on a month-to-month basis until terminated as provided herein. ARTICLE III RENTAL CHARGES: A. Leasee shall pay to Lessor those amounts that may be necessary from time to time to meet the financial obligations of the City of Bangor on payments of interest and/or principle on certain outstanding bonds issued by the Bangor Recreation Center, a quasi -municipal corporation, for the construction of the Bangor Auditorium and for other improvements at Bass Park. Said payments by Lessee shall be due and payable on December 21 of each year that Lessee occupies the leased premises pursuant to this agreement. B. Lessee shall pay to the City of Bangor those amounts which may be required from time to time to -compensate -said -City -3 - for labor, services, equipment supplied to Lessee and all costs of insurance of any type whatsoever as may be necessitated by Lessee's occupancy of said premises. C. On or before the 15th day of each month during the term hereof, Lessee shall submit to Lessor a statement of its income and expenses for the preceeding month. D. On or before the 1st day of March of each year during the term hereof, Lessee shall submit to Lessor financial statements of its affairs prepared by a Certified Public Accountant, said statements to include but not be limited to a balance sheet, a statement of its income and expenses for its preceeding current fiscal year and a budget (pro -forma) of all of its projected income and expenses for the then current fiscal year. E. At the end of any one year, should the year-end balance sheet required above of Lessee show.a cash surplus position, for purposes of this Agreement cash surplus being defined to include that amount of cash on hand which is in excess of cash requirements of Lessee to meet its current liabilities, then$ and only in that event, the Treasurer of Lessee shall cause to be deposited in an appropriate reserve or sinking fund account for the purpose of meeting current or future rental payments such amount as willequal 50% of said cash surplus, said deposits to said reserve or sinking fund account to be accrued in future years to a maximum amount equal to the annual obligations of Lessee to make rental payments pursuant this Agreement. -G - ARTICLE IV USE AND OCCUPANCY OF THE PREMISES:' A. In the use and occupancy of any of the lands, Bangor Auditorium,Civic Center, other buildings or improvements herein leased, Lessee shall use, occupy and maintain said premises for purposes of operating an agricultural fair, and/or for conducting harness racing, and/or for other public park purposes, and/or for other purposes conducted in an efficient and impartial manner consistent with its corporate charter and its status as a non-profit corporation. Provided, however, that Lessee shall cause the premises herein leased to be maintained and operated for such public and semi-public purposes as are required in Section 1, Chapter 90, Private A Special Laws of Maine of 1951, as they may apply to the Bangor Recreation Center; within the meaning and intent and as to not conflict with the provisions and restrictions contained in the Will and Codicils of the late Joseph P. Bass; and within the meaning and intent of all ordinances of the City of Bangor, State or Federal laws or ____ regulations, and all leases and agreements to which the City is a party, as may apply to the operation and control of said Bass Park, the Bangor Auditorium, or the Civic Center. In the event that the Lessor concludes that any use or proposed use of the premises or any building thereon would be in violation of said provisions, said Lessor shall give notice to the Lessee and shall request that said use or proposed use be discontinued and not permitted. In the event of receipt of such notice, the Lessee shall immediately discontinue such use, or as the case may be, prevent such use until the request is withdrawn or the -5- proprietory of such use or proposed use is judicially established. It is agreed and understood that the City of Bangor shall always retain control of the premises and all buildingsandimprove- ments thereon to the extent necessary for the purpose in pre- venting any infraction by the Lessee of the conditions hereunder. B. Lessee shall not discriminate in any manner pro- hibited by law against any person or group of persons in any manner, in the use and occupancy of said premises. C. Lessee does hereby covenant and agree with Lessors that it will leave the premises at the expiration or prior termination of this lease in as good condition as received, excepting reasonable wear and tear and/or damages arising from the negligence or default hereunder by the Lessors; and will maintain, at its sole expense, said premises in as good a con- dition as received. D. On or before December 5 of each year the Lessee shall give notice in writing to Lessor, said notice to be delivered to the City Manager of the City of Bangor, as to its plans and in- tentions to conduct or sponsor an agricultural fair and/or harness racing on the subject premises for the subsequent year. Failure by the Lessee to give such notice, or election by Lessee in said notice to not conduct or sponsor an agricultural fair and/or harness racing on the subject premises for the sub- sequent year shall constitute a termination of this Agreement, any other provisions of this Agreement notwithstanding, and Lessor shall have the right to immediate possession of said premises, with all rights and privileges of Lessee in the control -b- and management of said premises to thereby be vested with Lessor., and this Agreement, except for all financial liabilities incurred by Lessee to Lessor, thereunder, shall cease. Lessee shall seek and obtain Bangor City Council approval prior to its annual application to any appropriate State agency or commission for assignment of dates of the number of days on which harness racing and the agricultural fair may be conducted on the premises; it being agreed and understood between the parties that no harness racing and/or agricultural fair shall be conducted on the premises in any one year in excess of such periods as may be approved by the City Council. On or before April 1st of each year Lessee shall notify Lessor of such dates as may have been assigned for such purposes. E. Lessee takes all buildings, improvements and utility systema in their present condition and as presently located. Lessee shall be responsible for all utility services consumed upon_ the premises. In the event that Lessee wishes to alter, improve, or otherwise change such buildings, improvements, utility systems, or construct additional buildings in or about the premises, no such alteration, improvement, construction or other change shall be made until Lessee has received written approval from the City Engineer. The City Engineer shall not grant such written approval until Lessee has received all appropriate approvals by third parties as may be required by law and until appropriate plans for such construction, alteration, improve- ment or change have been submitted to the Lessor by Lessee. -1- N. Lessee agrees, at its sole expense, to maintain the necessary police and fire protection as may be required by the Chief's of the respective departments of the City of Bangor, relative to its use and occupancy of said premises. ARTICLE V INSDRANCE: A. During. the term of this agreement, Lessee shall maintain liability insurance with companies authorized to do - business in the State of Maine for the protection of the City of Bangor, its inhabitants, officers, agents and employees, 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 Lessee., or damages to property whether or not resulting from acts, omissions, negligence or otherwise of the Lessee, its directors, officers, employees and agents, concessionaires, members of the general public and arising from the use of the premises herein leased or any part or portion thereof. Lessee's liability insurance shall provide such coverages and in such amounts as may be required by Lessor. B. Lessee shall cause to be furnished to the Trustees evidence in the form of Certificates of Insurance of the existence of continuance in force of the insurances required hereunder. ARTICLE VI INDEMNITY: Lessee shall indemnify and save harmless Lessor and all of its employees and agents, from and against any and all -g - claims or on behalf of any person, firm, corporation, arising from the Lessee's use, occupancy, conduct or management of or from any work or thing whatsoever in or about the premises herein leased by the Lessee, any representative or invitee of Lessee, or a any member of the general public. ARTICLE VII COVENANT OF QUIET ENJOYMENT: The Lessee, subject to the terms and provisions of this agreement, upon payment of the rental charges and observing, keeping and performing all of the terms and obligations of this agreement on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the leased, premises during the term hereof without hindrance or rejection by the Lessor or any other person or persons lawfully claiming under the Lessor. ARTICLE VIII TERMINATION: The Lessor shall have the right to terminate this agreement for any reason whatsoever upon thirty (30) days written notice to the Lessee. Upon completion of said thirty (30) days, immediately or at any time thereafter, or without further demand or notice, Lessor shall have the right to enter into and upon Proceedings herein, and repossess the same, .and expel the Lessee and those claiming a right in said premises under said Lessee. ' -9- ARTICLE ARTICLE IX NOTICES: All notices required under this agreement shall be hand delivered to the chief executive officers of the Lessor or Lessee; or, in alternative, sent by certified mail to the parties at the following addresses: LESSOR: City Manager City Hall 73 Harlow Street Bangor, Maine 04401 LESSEE: Executive Director Bass Park Corporation 100 Dutton Street Bangor, Maine 04401 The parties may designate to each other from time to time in writing other addresses to which notices under this agreement shall be sent. ARTICLE X WAIVER: Failure on the part of the Lessor or any of them to complain of any action or non -action on the part of the Lessee no matter how long the same may continue, shall never be deemed to be a waiver of any of the Lessor's rights hereunder. In - addition, no waiver at any time of any of the provisions hereof by the Lessor shall be construed as a waiver of any of the other provisions hereunder or of any of the other of the Lessor, and a waiver at any time of any of the provisions hereof shall not be construed at any subsequent time as a waiver of the same provisions. -10 - ARTICLE XI SUCCESSION AND ASSIGNABILITY: All bind and insurprovisions of this agreement shall extend to, e to the benefit of the Lessor and the Lessee, and their successors and assigns. Lessee shall not encumber, mortgage, assign, transfer or sublet .its interest or any part thereof under this agreement without the prior expressed written consent of the Lessor or in the ordinary course of business in the operation of the Auditorium or the Civic Center. For purposes of this agreement, Lessor hereby consent and agree that Lessee may rent or sublet suitable space for the keeping Of animals from time to time in barns on the premises, but not for human occupancy, during the term hereof and at such times as may be established by Lessee. ARTICLE XII MEMORANBOM OF LEASE: The parties hereto agree that a Memorandum ofthisLease Agreement may be prepared and recorded in the Penobscot County Registry of Deeds, and further agree to cooperate to what- ever extent necessary to prepare and execute same. IN WITNESS WNEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR Witness BASS PARE CORPORATION rtness By: �— Title: Diem ARTICLE XI SUCCESSION AND ASSIGNABILITY: All provisions of this agreement shall extend to, bind and insure to the benefit of the Lessor and the lessee, and their successors and assigns. Lessee shall not encumber, mortgage, assign, transfer or sublet its interest or any part thereof under this agreement without the prior expressed written consent of the Lessor or in the ordinary course of business in the operation of the Auditorium or the Civic Center. For purposes of this agreement, Lessor hereby consent and agree that Lessee may rent or sublet suitable space for the keeping of animals from time to time in barns on the premises, but not for human occupancy, during the term hereof and at such times as may be established by Lessee. ARTICLE XII MEMORANDUM OF LEASE: The parties hereto agree that a Memorandum of this Lease Agreement may be prepared and recorded in the Penobscot County Registry of Deeds, and further agree to cooperate to what- ever extent necessary to prepareandexecute same. IN WITNESS WHEREOF, theparties hereto have set their hands and seals the day and year first written above. Witness CITY OF BANGOR By: n: '::, tl'1:: M Title STATE OF MINE PENOBSCOT, as. LK'2 Then personally appeared the above named and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed Of said City. of Bangor. Before me, Justice of the Peace