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HomeMy WebLinkAbout1979-04-09 204 AG ORDERzoo Ac Introduced by Councilor As ldacci, April 9. 1979 i CITY OF BANGOR (TITLE.) V1fLDEIr----- AutbQzJAJ A, Lease at promised an we street€ora DAY _. By the city Coarovt of the City of Dander: ORDERED, TMT Dale Tberiault, Assistant Parke 6 Recreation Director, is hereby authorized and directed to execute a lease agreemsent, a copy of which is an file in the office of the City Clerk, with Walter J. and Valva D. Constantine for use of certain promises on Ohio Street for purposes of operating a day camp for the mentally retarded during the summer, 1999: IN OTTY COMM APRIL 9,1979 - PASSED 204 AG OR PER Title, TY ul . ANTNPRIZINP. Iwi. PF. YB mpp. Pl+. PtlFP STREET FOR A TAY =P E0R Tw MENTALLY .......................... 4........... ' RETARDED I�.t ed anefSled by :nC .. Cowcflmen zoa M NINE ma, HHHbour by No ... mLW... rat.. D- CHHNCM Inext.ettN .Notm...e.ow .....m of a..a..Cy ...i>.....N. at.m.i a.m.. No H. 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Would you please file this document with the other records in your file. If you have any questions regarding this, please call me. 3oVA6 R.E.K. Attachment LEASE MIS AGREEMENT made this day of agc.,.z 1979, by and between WALTER J. aM 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 Name (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 rants 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, Bangor, 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". tensors further agree and permit the City to use a swimming pool presently located as said premises at such times and under such conditions an may be mAually, agreed upon by the Lessors and authorized representatives of the City's Parka 6 Recreation Department. (2) TO HAVE AND TO HOLD the above described premises unto the City for a term beginning on the lets day of June, 1979, and terminating on the Slat day of August, 1979, at a total rental of Three Hundred ($300.00) Dollars payable in advance on the first day of said term. (3) 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 mummer as to knowingly violate any law or regulation of any duly constituted governmental authority. 5r, , _ e (6) 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 eased 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 fallowing limits: Bodily Iatury and Property Damage $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 rent as hereinprovided 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 promisee 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 thelyssoy4 shall be sufficient if sent by registered or certified mail, postage prepaid, to: Walter J. and Valva D. Constantine, I806 Ohio Street, Bangor, Maine; and notices to the City shall be sufficient if sent by registered or certified mail, postage prepaid, to: City of Bsngor, 73 harlw Street, Bangor, Maine; or to such other respective addressee as the parties my designers to each other from time to time. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first wrist an above. 9 ) 19%t _ /` witness witness CITY 0 RANCOR B9 Alssintant Parks 6 Beere>[ Director, City of Bangor LESSORS Walter n [m er ,]/./Coaine ivn N//c house log cabin R13-3 32.7 acres MIBIT "A" Not Co Scale