HomeMy WebLinkAbout1977-11-28 30 AF ORDER30 AS'
Introduced by Councilor MaXernen, November 20, 1577
CITY OF BANGOR
(TITLE) Mrbtr e u icing Exen c t Leasa ng maac vith Northeast
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By the MyC IM W Cft of Banger:
']]fJOUNdp
MET the City Manager, on behalf of the City of Bangor, is hereby
authorized and directed to execute a lease aSredweac with Northeast Bank
& Trust -Co.. for purposes of providing for the continued rental, for purposes
of operating a branch bank, on a Lot of lend at the corner of Exchange and
Washington Streets, a copy of said lease being on file in the office of the
City Clerk.
ti^
IN CITY COUNCIL
aove�r 28, 1977
Passed
I
30
ORDER
Title,
witb Northeast Ben: a 'hest Co.
Introduced and filed by
. - coBnnalman
i
REONVED
CITY OF M "OR
CITY OLERWS C7FIOE -
977 12d l i
30 AF
INUPNTIIEE OF LASE
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TllIS INOPNTOAE, executed in duplicate, this � day of
1977, by and between the:
CTPy OF BANWR, a mmicipal corporation, duly created and
fisting under the laws of as Stale of Mine, located at
Hanger, County of Penobscot, State of Maine (hereinafter
called the "City")
and
NORTHEAST BANK 6 TRUST CO., a baNcing corporation having
its principle place of business at said Bangor in said
County end State (hereinafter called the "Lessee")
WI TN E S S E T H:
WREREAS, by lease dated July 1, 1976, the Lessee has been leasing
a certain parcel of land described therein Exam the Urban Renewal Authority of
the City of Bangor; and
VhSS S, said Authority has conveyed said real estate to the City; and
WHEREAS, the City and the Lessee wish to provide for the continuing
lease of said parcel by the Lessee subject tothekerma end conditions contained
herein, p
NOW, THEREFORE, in consideration of the rest and covenants herein
ccntained,'the parties doI=really agree as follows:
1. The City, for and in consideration of the rent to be paid awl
the obligations to be performed by the Lessee, as hereinafter provided, does
hereby lease Onto the Lessee the following described property, in its present
condition, via:
A certain lot or parcel of land situated at the
career of Exchange and Washington Streets in
Bangor, Maine, being a portion of Parcels Nos.
C-7 and P-3 as shown on aplan entitled "Land Use
Plan for Heenuskeag Stream Urban Conceal Project",
copy of which is attached hereto as Exhibit "A",
and as outlined in zed on Exhibit "B" attached
hereto, both of said exhibits being made a part -
hereof.
The right to use, in common, with others, a portion
of Parcel P-3 Immediately northerly of the above
described premises for purposes of ingress to and
egress from the said promises, and for parking
purposes until such time as said Parcel P-3 is
needed o may be used by the City for development
purposes•
3. TO MVE AND To HOLD the above described premises unto the Lessee
for a term of one (1) death beginning on the day of
1977, and terminating on the day of , 1977, at a
reaeal of Three Hundred Dollars ($300.00), payable in advance on the first day
of said term. All checks for the rental payments hereunder shall be made
payable to 'City of Bangor (Community Development Program)", and shall be
forwarded to: City of Bonds, Community Development Division, City Hall,
Hanger, Maine. This lease shall be automatically renewed for successive terms
of one (1) month each at a rental of Three Hundred Dollars ($300.00) per month
until terminated by either party as hereinafter provided or by operation of lay.
3. The Lessee agrees to use, occupy and maintain the leased premises
for commercial banking purposes and necessary functions related thereto, and
for no other purposes whatsoever without the expressed written consent of the
City. It is agreed and understood that the modular building presently located
on said premises is owned by the Lessee and shall continue to be used for
commercial banking purposes by the Lessee. 'Lessee agrees that it shall not
occupy or maintain said premises in any madder as to violate any law or
regulation of any duly constituted governmental authority, including, but met
limited to, all regulations relative to signs. The City, by add through its
agents, shall have at all reasonable times the right to go upon and inspect
the promisee with an authorized representative of the Lessee.
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4. Lessee understands and agrees that it is not eligible for
relocation payments and services, and will not apply for than in conjunction
with the rights and privileges granted herein.
5. The Lessee takes all utility systems in or about said promises
in their present condition and where presently located. Lessee shall pay all
charges for the installation of, and for service of all utilities supplied to
the leased premises, including water and sever user fee charges. Lessee further
agrees to maintain the leased premises during the term hereof and all sidewalks
abutting said premises free and clear of accumulations of snow and ice.
6. Maintenance and repairs, whether major or minor to the leased
premises, bad expenses resulting therefrom, shall be the responsibility and
obligation of the Lessee; provided,, however, no major alterations of the
existing structure shall be permittedwithout prior expressed written approval
of the City.
7. During the entire term of this agreement, or any extension hereof,.
the Lessee shall maintain liability insurance with companies authorized to do
business in the State of Maine for the protection of the City of Burger, its
inhabitants, employees and officers, who shall be named as additional insureds
against all claims, losses, costs or expenses arising out of, injuries to
persons, whether or Out employed by the Lessee, or to damage to property,
whether or not resulting from acts, omissions, negligence or otherwise of the
Lessee, its directors, officers, employees or invitees. The lessee's liability
insurance shall provide coverage for the following exposures in not less than
the followtng limits: -.
Bodily Injury: $300,000.00 (each person)
$300,000.00 (each Occurrence)
Property Damage: $300,000.00 (each occurrence)
rs"
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The Lessee shall also cause to be furnished to the City evidence in the form
of certificates of insurance of the existence or continuance. in force of the
insurance hereunder required.
A. In addition to the above insurance requirements, Leasee agrees
to indemnify and save the City, its inhabitants, employees and officers, harmless
from and against all claims by or on behalf of any person or persona for anything
whatsoever done in, On or about the premises by the Lessee or any representative
o r invitee of the Lessee.
9. This Inductors may be terminated by either party hereto at any
time upon thirty (30) days' written notice to the other. Notices to the City
may be addressed to the City Nacager, 73 Carlow Street, Bangor, Raine, 04401;
entices to the Lessee shall be addressed to: Northeast Bank A, Treat Co., 2
state Street, Bangor, Maine, 04401.
within thirty (30) days after the date of termination of this
Indenture, Lessee covenants and agrees to restore the leased premises to the
same condition as it was prior to commencement of the aforementioned lease with
the Urban Renewal Authority of the City of gauger, and to remove all structures,
foundations, landscaping and paving now existing on said premisas, and to remove
or cap off all utility linea extending to the leased premeLses. It is agreed
among the parties that the Leasee is and shall remain the owner of the structure
presently located on the premiaes, and shall have the full right to remove said
structure upon termination of this Indaneure; provided, however, if said
structure or any improvements remain on said premises at the end of said second
thirty (30) day period shall be construed to have been abandoned and shall
became the property of the City. Nothing herein shall be construed as waiver
by the City of the Lessee's liability for rental charges during said second
thirty (30) day period or for restoration of the leased premises to the same
condition as it was prior to commencement of the aforementioned Urban Renewal
Authority lease.
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10. Lessee shall not encumber, mortgage, assign, sublet or otherwise
transfer its interest or any .part thereof under this Indenture without the
prior expressed written consent of the City.
11. Failure on the part of the City to Complain of any action or
nam-actian an the part of Lessee to be performed under this Indenture shell
in no manner be deemed to be a waiver by the City of any of the City's rights
hereunder. Further, it is co anted and agreed that no waiver at any time of
any of the provisions hereof by the City shall be comtrued as a waiver of any
of the other provisions hereunder, and that a waiver at any time of any of the
provisions hereof shall Out be construed at any subsequent time to be a waiver
of the same provisions.
12. The parties hereto do mutually Covenant and agree that the persons
exacutirg this Indenture have the full right, power and authority to enter into
this Indenture for the term herein granted,, and that the leased property may be
used by the Lessee for the entire term or any extension thereof, for the purposes
herein set forth.
TN WITNESS p REOF, the parties hereto have set their hands and seals
the day and year £Stet written above.
Witness
CITY OF BANGOR
NORTHEAST BAd& 5 MST CO.
witness Title
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