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HomeMy WebLinkAbout1975-08-25 329 AC ORDER329 % Introduced by COLLM119[ story, August 25, 1975 CITY OF BANGOR (TITLE) (ffirbtrd__...A tut i ing Lease f Land to Nardi x Warner - ............. .......... Bytde City Con lofwcitvofBa . ORDERED, MT the City lounger is hereby authoriced and directed to execute a Lease agreement, a true copy of which is on file In the office Of the City Clerk sod made a part hereof, with Mardis A. Warner, of Bangor, providing for an annual rental of a ttiangalar-shaped parcel Of land located off Court Street for purposes of providing additional parking apace for W. Warner's.teoants. STATEMENT OF FACT: At the present time, tenants in Or. Warner's apartment house on court Street have to park On the street Or in the driveway. The lease of this additional land will permit expansion Of the existing parking area to the rear of the structure, thus serving t0 alimfrete seem of the traffic Congestion On the street Thee a to be leased is located at the top of the bank of city -owned property next to the Kenduskeag Stream, and has never teen used for any particular purpose. The term of this Lease is for are year, t0 be renewed automsti- rally o y a year-tobasis at a l rental of $1.00.e either .party .may terminate this agreement for any annualon whatsoever upon giving 90 days notice to the other prior toexpiration of each annual period. This arrangement has been reviewed by representatives of the Engineering Department without Objection. IN CITY COUNCIL AY9us4 25, 19]5 easaed'-' .. Cm CLEF& 0 329 AC 0R0ER 7lsle,; s,' Av«Ojyzj;king, Lease, ot, ialw, to, n . x�dla u, wa�ae�. na.•a.... tip .. :................... Iptroduced and filevin, RECEIVED d A 2 Pf! 3:25 _I ;.1975, �'qO CCERK'S OFFICE ? )OR. MAINE, - £r CP . ... J ;au Ll I 10 41 1 LEASE THIS LEASE executed In duplicate this day of August, 1975, by aha between the CIV OF BANGOR, a munletpal corporation (hereinafter sometimes refected to as the "City") of Bangor. County of Penobscot, State Of Heine, and HALMS R. WARNER of Danger, County of Penobscot, State of Wine (hereinafter sometimes referred to as the 'lessee"). WITNESSETH: NOW, THEREFORE, the Parties do mutually agree as follows: (l) The City, for and in consideration of an annual rental of One (91.00) Dollar to be paid and the obligations to be performed by the Lessee as hereinafter provided, does hereby lease unto the Leasee s certain lot OC parcel of lead located :war Court Street, Bangor, Wine, as shown on a plan annexed hereto as Exhibit "A" and mode a part hereof. (E) TO Hen AM To HOLD unto the Lessee the above described lot or Parcel of land for a term of ane (1) year sentencing on September 1, 1975, and se on firm year to year until o of the parties shell give to the other at least nlnsty (90) days' notice In writing of his or its Intention to terminate this Lease at the end of the first year or any subsequent year. (3) The lessee shall we, Occupy and maintain the premiere for the purpose J of parking by his temnte, their guests and invitees, and for n other purposed wheteoevor without the expressed written consent of the City. The Lessee shall not me, oteppy or maintain said land In any =met as to Amusingly violate any lav or regulation of any duly constituted govermeatal authotity. (4) Lomas agrees that be will, at all times, imentify and save, protect and keep harmless the City, Its employees, Inhabitants, officers, successors and assigns, from every and all casts, losses, damage, liability, expense, penalty and Gln whatsoever Which may arise free or be claimed against the City, by any person or persons free any injuries to person or property, or damage of whatever kind of character a commoner upon or om arising frthe ns teasers, of said land by the said Lessee, his tente, their swats or invitess; or consequent upon or arising from any failure by said Lessee to ea comply and conform with all laws or regulations of any duly masticated governmental authority, mW AM hereafter enforced; am if any suite or proceedings shell be brought against the City on account of any alleged violation thereof, or failure to comply or onfom therewith, o cant of any "cage, omission, neglect by the Lessee, his tenants, their Ensure or invitees, or any other person as my we or occupy said land, that he, the Looses, will defend the saw. aha will Pay whatever judgment or judg- wate which my be recovered against the City on account thereof. (5) It it covemated and agreed that if the Less" shall neglect r fail to Pay the rent as hereto provided aha such default shell continue for A period of thirty (30) days; or If the City wishes to teminste this agreement for any mason whatsoever, the City lawfully way, after giving ninety (90) days' written notice as provided herein, anter into and upon said land and expel the Leasee, his mowers, their guests .ani invitees. All fixtures or personal property rewining on the land after said ninety (90) day period shall be prey mad to have been abandoned by the Lessee, AM shall become the property of the City. (6) Notices to the City shall be sufficient if sent by registered or certified wail, postage prepaid, to: City IM:ager, 73 Narlow Street, Bangor, Nolna, 04401: and notices to the Lessee shall be sufficient if sent by regiatered or certified mail, postage prepaid, to: Nordin R. Warner, 21 Crave Street, Sangoq Wine; or to such other respective addressee as the parties nay designate to each other from time to than. IN WLINESS wdNggoF the parties hereto have set their bonds and scale the day and year first written above. CITY OF BANGOR By: City Nowgar LESSEE Stew of Maine Mardis R. Warner Penobscot, as. August , 1975 Then personally appeared the above-named MRLE P. Con and acknowledged the above iwtvwent to be his free act and deed in his said capacity, and the free act AM deed of said body corporate. before an. Justice Of the Peace • JBe�ctt R. r f e_r{d CITY OF BANGOR, MAINE Z. W inn 6c z e eSd f EngIMNing Depan Nnl M � [ ,,.{ H l.ef 2/ O�ore fA, o.. 9 SHE" No, _1__or J. BY [ ✓ F J J, 009 1'10-197t i °hd a y� dor s A' m L } Sm � /`• /4e•' `EXNi 1T 09"