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HomeMy WebLinkAbout1974-07-08 224 AB ORDERIntroduced by Councilor Brountas, July e, 1979 CITY OF BANGOR TZ (TITLE) (Drbay quthori 1 g Lease of,Premises, on Chia Street for a, pay Camp_.. for the Mentally Retarded ........ .I..... ...._...._ ......... .._. ._. By da qty Chanel of as City ofBanyor. .lijli'.II;i X17 THAT Dale Theriault, Resistant Par" d Recreation Director, Is hereby authorized and directed to execute a lease agreement, a copy of which is attached hereto and made a part hereof, with Walter J. and Velva D. Constantine for use of certain premises on Chio Street for purposes of operating a day camp for the mentally retarded. IN c1w COUNCIL JulY 8, 1974 WWWW wy Title, ?ythoi.t,Ease of eiemises on tl�io St. far .Oeg Ceoip foe Mentellx Ratexded Introduced and filed .. Councilman LEASE THIS AGREEMENT made this A day of Tu /, 1974 by and between WALTER J. AND VELVA D. CONSTANTINE (hereinafter sometimes referred to as the "Lessors") of Bangor, County of Penobscot, State of Maine, and the CTTy OF BANGOR, a municipal corporation located in Penobscot County, State of Maine (hereinafter sometimm referred to as the "City"). WITNESSETH: NOW, THEREFORE, the parties do mutually agree as follows: (1) The Lessors for and incsideration 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, Bangor, Maine reserving and excepting to the Lessors all buildings and access thereto, except the log cable a shown on a plan annexed hereto as Exhibit "A". Lessors further agree and permit the City to One swimming pool presently located onaaid promisee at such timesand under such conditions a may be mutually agreed upon by Lessors and authorized representatives of the City's parks A Recreation Department. (2) TO HAVE AM TO HOLD the above described premises unto the City for a team beginning on the 2nd day of July, 1974 and terminating on the L5uh day of August, 1974 at a total rental of One ($1.00) Dollar payable in advance on the first day of said term. (3) The City shall Me, occupy and maintain the premises for the purpose of operating a day camp for the mentally retarded, and for no ether purposes whatsoever without the expressed written consent of the Lessors. The City shall not a occupy or a maintain said premises is any manuer s to knowingly violate any law or regulation of any duly constitutedgovernmental authority. (4) During the entire team of this Agreement, the City shall maintain liability i with ctmmulee authorized to do business in the State of Maine for the protectionOftheLessors who shall be named as additional Insureds against all claims, los rs oats o expenses arising o of injuries to per whether o net employed by the City ordamageto property whether resulting from acts, missions, negligence otherwise of the City, its City Council, offheays, amployses Bud agents and arising frthe City's useof the premises. The City's liability Insurance policy shall provide coverage for the following exposures in not less than the following limits: Bodily Iolury property damage $300,000.00 (each person) $100,000.00 (each accident) $300,000.00 (each accident) (5) It is covenanted and agreed that: If the City shall neglect o 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 whaesoever, the Lessors lawfully y after giving thirty (30) days' written notice ma notice to the City enter into and upon said Besmear and expel the City. All fixtures or personal property resulting on the premise 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 Gelva N. Constantine, 1806 Ohio Street, Bangor, Maine; and notices to the Citv shall be sufficient if sent by registered or certified we 11, postage prepaid, to: City of Bangor, 73 Harlow Street, Bangor, Maine; or to such other respective addresses as the parties may designate to each other from time to time. IN WITNESS WHIMS the parties hereto have set their hands and seals the day and year first written above. � BUY OV BANGOR 7"IML t2)� : ,;� By: MP f• e� Vte,yeaTtaN City of Bangor Parke 6 Recreation Department LESSORS ll��(n✓� 6W �r LEASE THIS AGREEMENT made this _ day of , 1974 by and between WALTER J. AND VELVA D. CONSTANfINE (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 at Maine (hereinafter sometimes referred to as the "City"). WITNESSETH: NOW, THEREFORE, the patties do mutually agree a6 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, Bangor, Mice, reserving and excepting to the Lessors all buildings and access thereto, except the 109 cabin a shorn 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 auch timee and under such conditions a may be mutually agreed upon by Lessors andauthorized representatives of the City's Parks S Recreation Department. (2) TO IWVE AND TO HOLD the above described premises u[o the City for a term beginning on the 2nd day of July, 1974 and terainaciug on the 15th day of August, 1974 at a total rental of One ($1.00) Dollar payable in advance on the first day of said tem. (3) The City shall us a, occupy and maintain the premises for the Purpose of operating a day camp for the mentally retarded, and fox no other purposes whatsoever without .the expressed written consent 0f the Lessors. The City shall not u occupy or maintain said premise any 0 knowingly violate any law or regulation of any duly constltuced govermentalauthority. (4) During the entire term of this Agreement, the City shall maintain liability insurance with companies authorized t0 do businsss in the State of Maine for the protection of the Lessors who shall be rased as additional insureds against all claims, los expert arising our0f injuries to pe[ whether o not employed by the City costs s or damage o property whether resulting from acts, emission negligence or otherwise of the City. its City Council, officers, employees and agents and arising fxmm the City's useof the premises. The City's liability insurance policy shell provide Coverage for the following exposures in not less than the following limits: Bodily Injury Property Damage $300,000.00 (each person) $100,040.00 (each accident) $300,000.00 (each accident) (s) It is coveranted and agreed that: If the City shall neglect o fall to pay the rent as herein provided and such default shall continue for a period of ten (30) days; orif the Lessors wish to terminate this Agreement for any [ whatsoever, the Lessors Lawfully may after giving thirty (30) days' written notice to the City enter into and upon said pre 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 Velva D. Constantine, L806 Ohio Street, Bangor, Maine; and notices to the City shall be sufficient if sent by registered or certified mail, postage prepaid, to: City If Bangor, 73 Har Low Street, Bangor, Maine; or to such other respective addresses as the parties may designate to each other from time to time. IN WITNESS WNBRFAP the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR BY: Assistant Director City of Bangor Parks 6 Recreation Department LESSORS Ohio Sn'ecl house m log cabin 0 EXHIBIT "K' Not to Scale