HomeMy WebLinkAbout2011-09-26 11-289 ORDERItem No. 11 289
Mate: Seotember26 2011
Item/Subject: ORDER, Authorizing the City Manager to Execute a Lease with Community
Health and Counseling Services for Four Park Woods Units
Responsible Meparbnent: Health and Community SeMces
This lease would authorize a one year lease for four units in Park Woods to Community Health
and Counseling Services. For many years, the City has leased four of Me sixty units in Park
Woods, to Community Health and Counseling Services for $300 per month. Consistent with Me
guidelines for Park Woods, Community Health and Counseling uses these units to Prance for
transitional housing for Individuals Mat receive Program assistance through one of their
programs. Under the proposed lease, rent will Increase to $550 per month, which is $200 less
Man market rare rents charged by Bangor. This rent reduc0on is a recognition Mat Community
Health and Counseling provides case management and oversight on these properties. The
Government Operations Committee recommended approval of the lease on September 13, 2011.
Department Head
Manager's Comments: Nz (m
I City tyManager
Assaciabad Information: Order, [.ease
Budget APpraeal:,� ' a
Finance eDirector
Legal
Ch Solicitor
X Passage ( Consent)
First Reading
_ Referral
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rJ5 J Assiyted to Councilor Palmer September 26, 2011
CITY OF BANGOR
(TALE.) ORDER, Authorizing the City Manager to Execute a Lease with Community
Health and Counseling Services for Four Park Woods Units
By the Ory Council of the Ory of&ngoc
ORDERED,
THAT the City Manager of the City of Bangor Is hereby authorized to execute a lease
with Community Health and Counseling Services (CHCS) allowing CHCS to use four Park
Woods units for purposes relating to serving the homeless. Said lease shall have
provisions substantially as follows:
1) rent of $550 per month for each of four units;
2) a one-time payment of $3000;
3) a beginning date on or around October 1, 2011; and
4) an date on or around December 31, 2011.
The lease shall be in final form as approved by the City Solicitor or Assistant City
Solicitor.
IH CITY COII m
September 26, 2011
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12 289
LEASEAGREEMENT
(Park Woods)
THIS LEASE AGREEMENT (hereinafter sometimes referred to as "Lease"), executed in
duplicate this_ day of 2011, by and between:
The CITY OF BANGOR, a municipal corporation organized and existing under the
laws of the State of Maine and having Its principal offices at 73 Harlow Street,
Bangor, Maine (hereinafter sometimes referred to as the "City"),
And
COMMUNITY HEALTH & COUNSELING SERVICES, a nonprofit corporation
organized and existing under the laws of the State of Maine and having a place
of business in Bangor, County of Penobscot, State of Maine (hereinafter
sometimes referred to as "lessee")
WRNESSETH:
WHEREAS, the CM is the owner of land and buildings known as "Park Woods' located at
the northerly corner of the Intersection of Union Street and Griffin Road in the City of Bangor,
County of Penobscot, State of Maine; and
WHEREAS, the City acquired this property from the United States pursuant to provisions
of Title V of the Stuart B. McKinney Homeless Assistance Act; and
WHEREAS, as a condition of such acquisition the City is obligated to utilize such property
in a manner that provides direct assistance and shelter to persons who temporarilyfind
themselves without adequate housing; and
WHEREAS, the City believes that the provision of such assistance can be accomplished,
in part, by cooperation between various providers of services to the targeted population; and
WHEREAS, Lessee Is an organization with the expertise and resources available to
provide such assistance to the targeted population; and
WHEREAS, Lessee is desirous of leasing a specific number of units in Park Woods for the
purpose of providing such assistance; and
WHEREAS, the City has determined that such a use is compatible with the location and
beneficial to the interests of the City and Its Inhabitants, and the City is willing to lease said
property to Lessee under the terms and conditions stated herein;
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NOW, THEREFORE, the parties do mutually agree as follows:
ARTICLE I - PREMISES
The City, for and in consideration of the rents to be paid and the obligations to be
performed by Lessee as hereinafter provided, does hereby demise and lease unto the Lessee,
and the Lessee does hereby take and hire, upon and subject to the terms and conditions
hereinafter expressed, the following described premises located in Park Woods at the corner of
Union Street and Grifin Road In Bangor (hereinafter the "demised premises"), viz:
The building(s) and associated garage(s) and paved parking areas) depicted as
Building Number 1361 on a plan of Park Woods attached and incorporated
herein by reference as Exhibit A. Said demised premises contain a total of 4 units
being leased by Lessee. The grounds in the immediate vicinity of said Buildings
are to be used and held in common with other Lessees and their clients,
employees or agents, as well as with City's clients, employees or agents.
ARTICLE II -TERM
Unless sooner terminated in accordance with Article XVI below, Lessee shall have and
hold the within demised premises for a term commencing on the day and year written above
and terminating on December 31, 2011.
ARTICLE III- RENT
Lessee shall pay rent to the City for the use and occupancy of the demised premises the
amount per unit as set forth in the following table:
MONTHLY RENT PER UNIT
$ 550.00
Lessee shall pay all rents herein required by the first (Ist) day of each month, without
prior demand therefor, in lawful money of the United States, by sending said rents to Park
Woods, 4o R&K Construction & Property Management, P.O. Box 1262, Bangor, Maine 04402-
1262. Late payments shall be subject to an additional interest charge of one and one -haft
percent (1.5%) per month. Payments are considered late 0they are received by the City after
the fifteenth (15th) day of the month when due. The first monthly payment shall be due on
October I, 2011. A one-time payment of $250 per unit shall also be due to the City upon signing
of this lease. This one-time payment is in lieu of an increased rent amount for July, August and
September 2011.
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ARTICLE IV -RENEWAL OF LEASE
This Lease shall be renewed only with the written consent of both parties, upon such
terms and conditions as are set forth therein.
ARTICLE V - USE, OCCUPANCY, AND ALTERATIONS TO PREMISES
A. Lessee shall have the right to use, occupy and maintain the demised premises in
reasonably businesslike, careful, clean, and reasonably safe manner for the purposes of
providing direct assistance and shelter to persons who temporarily find themselves
without adequate housing, including professional and therapeutic services related
thereto, and for no other purposes whatsoever without the prior expressed written
consent of the City. Nothing herein shall prevent the City from offering similar, identical
or different services to such persons within Park Woods.
B. Lessee shall notuse, occupy or maintain the demised premises in any manner so as to
violate any municipal, state, or federal law, regulation or code.
C. The City shall maintain all common areas of Park Woods, said maintenance to include
lawn mowing and landscaping. Lessee shall be allowed, upon prior written approval
from the City, which approval shall not be unreasonably withheld, and at Its expense, to
erect and maintain fences, which may or may not attach to the buildings, as well as to
develop gardens or other landscaped plantings; provided, however, that Lessee will be
responsible for landscaping, mowing and maintaining the grounds' appearance whhin
any fenced area, whether or not fully enclosed, as well as maintaining any approved
gardens or other landscaped plantings. The City shall be responsible far driveway and
parking area snow removal, while Lessee will be responsible for snow removal from
walkways serving garages or buildings, access to fuel oil fill pipes, and steps/porches.
D. The CM shall be responsible for all exterior building maintenance, including, but not
limited to, roof, painting, driveways, siding, chimneys, etc. Lessee will be responsible for
minor interior maintenance such as painting and cleaning. The City will paint the interior
of each unit once every five (5) years. The City will be responsible for the maintenance,
repair and replacement of major components, fixtures or appliances, such as stoves,
refrigerators, ranges, water heaters, heating systems, or plumbing or electrical systems.
Provided, however, that any repair of damage or replacement of damaged components,
fixtures or appliances, or any repair or replacement of any other damage to the demised
premises, which is necessitated by any act or omission of Lessee, its officers, licensees,
Contractors, subcontractors, servants, invitees, clients, employees or agents shall be the
responsibility of Lessee.
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E. The City shall be allowed by Lessee to conduct an annual inspection of the demised
premises to ascertain the condition thereof, provided reasonable notification Is given to
Lessee.
F. Garbage collection shall be by regular municipal collection procedures. Lessee shall
insure that garbage is placed in the designated location only once per week for pickup.
No garbage may be stored in a garage for longer than one week and Lessee shall insure
that no unsightly accumulation of garbage occurs in, on and around the demised
premises. Garages shall be used for vehicles or equipment and for no other purpose
without the prior written authorization of the City. No hazardous materials shall be
stored in, on or around the demised premises.
G. Lessee shall be responsible for all utility costs marking from Lessee's use and occupancy
of the demised premises, including but not limited to telephone, sewer, water,
electricity and fuel. Each building shall contain separate utility meters.
H. Prior to execution of this Lease, Lessee shall submit to the City an operational plan for
the program to be conducted at the demised premises. Said plan must be approved by
the City. Once approved, Lessee shall comply with Its plan during Lessee's use and
occupancy of the demised premises. The operational plan shall address the following
areas:
1. Type of clients to be served by Lessee.
2. Rules and regulations concerning the conduct of Lessee's clients in, on and
around the demised premises.
3. Lessee's staffing requirements, both in-house and/or day/shift staff.
I. No pets shall be allowed in, on, or around the demised premises unless they are
specifically required as part of Lessee's therapeutic program or unless necessary for the
day-to-day assistance of disabled individuals, such as seeing eye or hearing ear dogs.
"Pet" as used herein shall include, but not be limited to, any dog, cat, other mammal,
bird, fish, crustacean, reptile, Insect or amphibian kept in, on or around the demised
premises.
I. No signs shall be allowed on the demised premises except that Lessee may install one
nameplate size sign per building in compliance with the City's Sip Ordinance.
K. No commercial use of the demised premises shall be allowed; provided, however, that
home occupations will be allowed so long as they are In compliance with the City's Land
Development Code.
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L. Lessee shall have the right to use and enjoy all common areas togetherwkh all other
Park Woods Lessees, their clients and employees and the City and its clients and
employees. Approved fenced areas shall not be considered common areas for this
purpose. Organized events in the common areas such as picnics, concerts, etc. shall
require the prior written approval of the City.
M. The City, through its agents or employees, shall, absent emergency or exigent
circumstances, have at all reasonable times the right, upon reasonable notification to
the Lessee, to go on and inspect the demised premises with an authorized
representative of the Lessee, and the right of access to utility systems located on the
demised premises for the purposes of maintenance, repair, correction, or inspection.
For purposes of this Article, "reasonable notification" shall include any actual
notification to the Lessee or its agent not less than one calendar day prior W the date of
inspection. "Reasonable times" shall mean any time during Lessee's regular operating
hours, or during normal weekday business hours if Lessee shall maintain other than
regular operating hours.
N. Parking shall only be allowed in improved parking areas and specific parking areas shall
be assigned by the City for each buildin& No parking shall be allowed on lawns.
Unregistered and/or inoperable vehicles are not permitted on the demised premises.
O. Lessee, its clients, agents, invitees, servants,contractors, subcontractors, licensees,
officers, or employees shall not brin& keep or maintain firearms, b -b guns, pellet guns
or any other dangerous weapon in, on or around the demised premises.
P. Lessee may, at its expense, and after issuance of any necessary building permits, if
required, erect necessary structures, make renovations to walls (removal/additions),
make ingress or egress changes or make other significant renovations if prior written
approval is given by the City, which approval shall not be unreasonably withheld. Upon
expiration or termination of this Lease, however, the City may require that the demised
premises, including any fenced areas, be restored to their original condition and Lessee
shall be responsible for any costs associated therewith.
a Lessee shall not provide any services at the demised premises to any person who is not
residing at said premises at the time such services are rendered.
R. Lessee shall not allow safety hazards or attractive nuisances to occur or develop In, an
or around the demised premises.
S. Lessee shall take all necessary steps to insure that clients or employees do not create
any nuisances as described by 17 MASA. §2741 et seq. Lessee shall also take all
necessary steps W ensure that clients or employees are conducting no illegal activity In,
on or around the demised premises.
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T. Lessee shall develop specific rules and regulations designed to control client conduct In,
on or about the demised premises. Said rules and regulations shall include penalties for
violations, may Include a hearing process, and must be distributed to clients and posted
in a conspicuous location in the demised premises. City shall be provided with a copy of
said rules and regulations.
U. Lessee, its agents, employees and clients shall be required to comply with any applicable
Shelter Plus Care, U.S. Department of Health and Human Services or other U.S.
government requirements or regulations concerning the program -related use and
occupancy of the demised premises.
ARTICLE VI -LIABILITY AND PROPERTY DAMAGE INSURANCE
The Lessee, during the entire term of this Lease, or any extension hereof, including any
holdover tenancy following regular expiration or early termination hereof, shall maintain, at Its
sole expense, Insurance of the following types and minimum amounts with companies
authorized to do business in the State of Maine for the protection of the City against any and all
liabllity, Including wrongful death, against all claims, losses, costs or expenses arising out of
injuries to persons whether or not employed by Lessee or damage to property whether
resulting from acts, omissions, negligence or otherwise of the Lessee, its directors, officers,
clients, employees and agents and arising from Lessee's use of the demised premises or any
part or portion thereof.
Comprehensive Public Liability/Product Liability
Bodily Injury, including Wrongful Death:
$1,000,000.00 each occurrence for one person
$1,000,000,00 each occurrence aggregate
Property Damage:
$1,000,000.00 each occurrence
The City shall not be required to provide Insurance coverage and shall have no
responsibility for any property owned bythe Lessee orthird parties which may be located on
the demised premises. Lessee shall cause to be furnished to the City, at the time of execution of
this Lease, evidence in the form of certificates of Insurance of the existence in farce of the
Insurance required hereunder. Said certificates shall name City as an additional insured and loss
payee. The City shall be notified of any changes or dismntinuances of coverage. The City agrees
to promptly notify Lessee in writing of the existence or filing of any claim, demand or action
arising out of an occurrence covered hereunder of which the City has knowledge, and to
cooperate with Lessee In the investigation and defense thereof.
The minimum insurance coverage required under this Article shall be deemed to be
automatically adjusted whenever the Maine State Legislature shall Increase the City's maximum
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liability beyond such minimums for personal Injury, wrongful death or property damage claims
brought under the Maine Tort Claims Ad. In the event of such an increase, the minimum
Insurance coverage required shall be no less than the amounts required herein or no less than
the City's maximum liability for such claims under the Maine Tort Claims Ad, whichever is
greater.
ARFICLE VII - INDEMNITY
During the term of this tease and during any extensions or renewals hereof, including
any holdover tenancy following regular expiration or early termination hereof, Lessee shall
defend, indemnify, save and hold the City, and its inhabitants, officers, employees and agents
completely harmless from and against any and all liabilities, losses, suits, claims, costs,
expenses, judgments, fines or demands arising by reason of Injury to or death of, or asserted
by, any person or persons, including Lessee's agents, clients, invitees or employees, or damage
to any property, including all reasonable costs for investigation and defense thereof (including
but not limited to attorneys' fees, court costs, and expert witness fees), of any nature
whatsoever arising out of or incident to this Lease and/or the use, occupancy, conduct, or
management of the demised premises or the acts or omissions of Lessee's officers, clients,
agents, employees, contractors, subcontractors, licensees, or invitees, unless such injury, death,
or damage is caused by the negligent ads or omissions of the City, its agents, employees,
clients or invitees. The Lessee shall give to the City reasonable notice of any such claim or
actions. The Lessee shall also use counsel reasonably acceptable to City In carrying out its
obligations under this Article.
During the term of this Lease and during any extensions or renewals hereof, Including
any holdover tenancy following regular expiration or early termination hereof, Lessee further
expressly agrees that it will defend, indemnify, save and hold the City harmless from any and all
claims made or asserted by the Lessee's agents, servants or employees arising out of the
Lessee's activities under this Lease. For this purpose, Lessee hereby expressly waives any and all
Immunity it may have under Maine's Workers Compensation Ad In regard to such claims made
or asserted against the City by Lessee's agents, servants or employees. For this purpose, Lessee
further expressly waives any charitable Immunity it may have under applicable law as to any
and all claims of any person made or asserted against the City arising out of Lessee's use and
occupancy of the demised premises or other activity of Lessee under this Lease. The
indemnification provided under this Article shall extend to and include any and all costs
Incurred by the City to answer, investigate, defend and settle all such claims, Including but not
limited to the City's costs for attorneys' fees, expert and other witness fees, the dist of
investigators, and payment in full of any and all judgments rendered in favor of the Lessee's
agents, invitees, licensees, clients, servants or employees against the City in regard to claims
made or asserted by such persons.
In exercising the rights granted under this Lease, Lessee shall at all times be regarded as
an independent entity conducting its own business and operations and shall not 9 anytime ad,
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hold Itself out, or purport to act as an agent, contractor, co-partner, joint venturer or employee
of the City.
ARTICLE VIII - TARES
Lessee is solely responsible for paying all personal property taxes assessed, if any. The
payment of real estate taxes Is included in the rent herein required to be paid.
ARTICLE IR - NONDISCRIMINATION
Lessee for itself, its personal representatives, successors in interest and assigns, and as
part of the considerations hereof, does hereby covenant and agree that (1) no person or group
of persons shall be excluded from the demised premises or from employment on the grounds
ofrace,religion,color,gender,age, familial status, national origin, or physical or mental
disability, or in any other manner prohibited by law, from participation in, or denied the
benefits of, or be othenvise subjected to discrimination in the use or occupancy of said demised
premises; and (2) in the construction by Lessee of all improvements, buildings, structures, on,
over or under such demised premises and the furnishing of services thereon, no person or
group of persons shall be excluded on the grounds of race, religion, color, gender, age, familial
status, national origin, or physical or mental disability from participation In, denied the benefits
of, or be otherwise subjected to unlawful discrimination. Lessee shall take all steps necessary to
provide reasonable accommodation for disabled Individuals to access, use and enjoy the
benefits of Lessee's operations as required by relevant provisions of Federal, State and local
laws, regulations or ordinances; provided, however, that the City shall make necessary
Improvements to one unit per building on the demised premises necessary to provide disabled
accessibility prior to use and occupancy by Lessee. In the event of breach of any of the above
nondiscrimination covenants, the City shall have the right, after failure of Lessee to rectify such
breach within thirty (30) days after receipt of notice from the City, to terminate this Lease.
Provided, however, that the City shall not have the right to terminate the Lease under this
Article with respect to any complaint of discrimination which is pending final resolution or
adjudication before any agency or court of the State of Maine or the United States.
ARTICLE R- COVENANTS OF QUIET ENJOYMENT
The Lessee, subject to the terms and provisions of this Lease and on payment of the
rent, and observing, keeping and performing all the terms and provisions of the Lease on its
part to be observed, kelt and performed, shall lawfully, peaceably and quietly have, hold,
occupy and enjoy the demised premises during the term hereof without hindrance or rejection
by the City or any other persons.
ARTICLE RI - LIENS
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The City and the Lessee agree that each will promptly discharge (either by payment or
by filing of the necessary bond or otherwise) any mechanics', materialmen's or other liens
against the demised premises, any buildings, structures or improvements thereon, which liens
may arise out of any payment due for labor, services, materials, supplies or equipment which
may have been furnished to or for the City or the Lessee, respectively.
ARTICLE %II- MAINTENANCE AND REPAIRS
A. Lessee shall, atits sole expense and cost and except as delineated in Article V above,
throughout the term hereof or any extension, including any holdover tenancy hereof,
keep and maintain the demised premises in good order and repair, and in tenantable
condition, damage by accidental fire and casualty and reasonable wear and tear,
excepted.
B. Absent damage by fire or other casualty and provided the damage is not caused by
Lessee, its servants, agents, clients, officers, invitees, contractors, subcontractors,
licensees, or employees, the City shall be responsible for repair and/or replacement of
the building's major structural components, such as roofs, walls, foundation, or other
structural supports, as a result, or on account, of normal obsolescence.
C. Lessee shall be required to notify the City in a timely and expeditious manner of the
existence of any condition of the demised premises which require repair or replacement
or which are otherwise the responsibility of the City hereunder. Failure to notify the City
in a timely and expeditious manner may be grounds for termination of this Lease or for
Lessee being responsible for the cost of any necessary repairs or replacement.
D. The demised premises have been certifed to the City as free of lead based paint
hazards, however, said premises contain encapsulated lead based paint allowed by and
in compliance with applicable State and Federal laws and regulations. If a lead based
paint hazard arises as a result of action or inaction by Lessee, its agents, clients,
employees, Invitees, officers, licensees, contractors, subcontractors or servants, Lessee
must immediately notify the City of such hazard. Failure to immediately notify the City
may be grounds for termination of this Lease or for Lessee being responsible for any
costs associated with abating such hazard. provided proper notification of such hazard is
given by Lessee to the City, the City shall be responsible for abating such hazard unless
such hazard was caused by the direct act or omission of Lessee, Its agents, servants,
clients, employees, Invitees, officers, licensees, contractors or subcontractors.
E. In the event that the premises are damaged or destroyed by fire or other casualty, then
the City may elect to repair or restore the premises within thirty (30) days of such
damage or destruction. R, after an election to restore or repair is made, the demised
premises are not repaired or restored within a reasonable time thereafter or Rthe City
elects not to repair or restore, then the City or Lessee may terminate this Lease upon
fifteen (15) days' advance written notice. There shall be a just abatement of the rent
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pursuant to this subparagraph; with such abatement to take into account the extent of
any reduction in the fitness ofthe demised premises for the use and occupancy by
Lessee. If the demised premises are totally damaged or destroyed, Lessee shall be
entitled to tenninate this Lease upon fifteen (15) days advance written notice.
ARTICLE XIII -REMOVAL OF PROPERTY
Ownership of permanent improvements to the demised premises, which may from time
to time be made by Lessee or the City that are affixed to the property as opposed to
movable personal property, shall automatically vest in the City, or its successors and
assigns, as a consideration of the Lease and rental schedule. Lessee shall, however, have
the option at the termination or expiration of this Lease to remove any of Lessee's
permanent Improvements or fixtures, provided that such removal takes place within
thirty (30) days of said termination or expiration and provided that Lessee, at its sole
expense, repairs any damage caused by such removal, and returns the buildings and
land appurtenant thereto to as nearly as possible their condition as at the
commencement of MIs Lease, reasonable wear and tear excepted.
Any movable personal property that may be financed, erected or installed by Lessee
from time to time during the term of this Lease shall remain the property of the Lessee,
and, upon termination or expiration of this Lease, Lessee shall have the right to remove
the same from the demised premises within thirty (30) days of said termination or
expiration. Any such property not so removed within thirty (30) days from the date of
termination or expiration shall become the property of the City to be disposed of in such
way as It may deem fit. In the event Lessee elects to remove sald Improvements and
other personal property, the buildings and land appurtenant thereto shall be returned
to as nearly as possible their condition as at the commencement of this Lease,
reasonable wear and tear excepted.
C. In the event lessee shall fail to remove any non -permanent Improvements or personal
property within thirty (30) days from the date of termination or final expiration of this
Lease, the City shall be entitled to recover from the Lessee the City's reasonable costs
incurred in removing or disposing of such non -permanent improvements or personal
property. In such event, there shall be deducted from the City's costs the fair value to
the City actually realized from sale, use or other disposition of the particular
Improvements or personal property concerned.
ARTICLERIV-
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Subject to the provisions contained in Article XIV, the Lessee shall, upon the termination
of this Lease, surrender the quiet and peaceable possession of the demised premises.
ARTICLE XV -TERMINATION
It is covenanted and agreed by the parties that the City shall have the right, upon
written notice of termination to Lessee, to terminate this Lease in its entirety upon or after the
happening of one or more of the following events, if said event or events shall, at the time of
said notice, be continuing:
(1) If the Lessee shall neglect or fail to pay the rent or other charges payable hereunder and
such default shall continue for a period of ten (10) days after written notice thereof by
the City; or
(2) N Lessee shall neglect or fail to perform or observe any of the other covenants, terms,
provisions, or conditions on its part to be performed, or observed, hereunder and such
neglect or failure shall continue for a period of thirty (30) days after written notice
thereof by the City, or If such covenants, terms, provisions or conditions cannot be
performed or observed within said thirty (30) day period, if Lessee fails to diligently
prosecute the curing of such neglect or failure; or
(3) If the estate hereby created shall be taken on execution or by other process of law; or
(6) If the Lessee shall be declared or adjudged bankrupt or insolvent according to law by
court of competent jurisdiction; or
(5) If any assignment shall be made of the property of the Lessee for the benefit of
creditors; or
(6) If receiver,guardian,conservator, or trustee in bankruptcy or other similar officer shall
be appointed to take charge of all or any substantial part of the Lessee's property by a
court of competent jurisdiction whether or not consented to by Lessee; or
(7) If a petition shall be fled for a reorganization or for other protective arrangements of
the Lessee under any previsions of the Bankruptcy Act now or hereafter enacted; or
(a) If the Lessee shall file a petition for such reorganization or for arrangements under any
provision of the Bankruptcy Act now or hereafter enacted; or
(9) If Lessee shall abandon and discontinue its use and occupancy of the demised premises;
or
(30) If Lessee shall fall to comply with Shelter Plus Care, U.S. Department of Health and
Human Services or other U.S. government requirements or regulations concerning the
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program -related use and occupancy of the demised premises; provided that said failure
continues for a period of thirty (30) days after written notice thereof by City, or if such
failure cannot be cured within the said thirty (30) day period, if Lessee fails to diligently
prosecute the curing of such failure; or
(11) If Lessee shall fail to Control the Conduct of its clients or enforce its rules and regulations
concerning client Conduct; provided that such failure results in Complaints to the City or
by the City and said failure continues for a period of fifteen (15) days after written
notice thereof by the City; or
(12) If Lessee shall fall to pay any bill or other monies owed to the City, Including fuel oil
purchased from the City or repairs for which Lessee is liable hereunder, provided such
failure Continues for a period 0fifteen (15) days after written notice thereof by the City;
THEN, in any of the said cases (notwithstanding any license of any former breach of Covenant or
waiver of the benefit hereof or consent in a former Instance), the Lessee may be Considered in
any default hereunder, and the City lawfully may, immediately or at any time thereafter, and
without demand or notice, enter into and upon the said Premises or any part thereof, in the
name of the whole and repossess the same as of the City's former estate, and expel the Lessee
and those claiming through or under it and remove its or their effects (forcibly if necessary)
without being deemed guilty to any manner of trespass, and without prejudice to any remedies
which might otherwise be used for arrears of rent or preceding breach of covenant. Upon such
entry, this Lease shall terminate, and the Lessee shall be liable to pay as rent, amounts equal to
the several Installments of rents and other charges reserved as would have become due under
this Lease Ifthis Lease had not been terminated or If the City had not entered or reentered az
aforesaid. Notwithstanding the foregoing,Lessee's liability shall not exceed the difference, if
any, between the rental which would have been due had there been no such termination, and
the amount being received by the City as rent from any new tenant or occupant of said
premises. In order to mitigate Lessee's damage hereunder, the City agrees to make every
reasonable effort to secure subsequent tenams, at terms and conditions equal to this Lease.
ARfICIE WI -ACCESS TO RECORDS AFTER TERM
Pursuant to this Lease, the City, with Lessee's Consent implied upon execution of this
Lease, shall allow the United States Department of Health and Human Services, the Comptroller
General of the United States and their duly authorized representatives access to this Lease with
Lessee, as well as related books, documents and records, until the expiration of four years after
the services furnished under this Lease are performed for the purpose of verifying the nature
and extent of Lessee's Cort of services provided under this Lease. If the City carries out any of
the duties of this Lease through an agreement with any other parry (said agreement having a
value or cost of $10,000 or more In a 12 month period), the City agrees to Include in any such
agreement a provision substantially Identical to this Article which requires that such party make
similar books, documents and records available t0 the United States Department of Health and
Human Services, the Comptroller General of the United States and their duly authorized
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representatives for the purposed verifying the nature and extent of Lessee's cost of services
provided under this Lease.
ARTICIE )INTI -ATTORNEY'S FEE
The Lessee shall pay to the City a reasonable attorney's fee in the event the City
employs an attorney to collect any rents due hereunder and secures a judgment in connection
with collection of said rent, or legal process Is levied upon the Interest of the Lessee in this
Lease or in said Premises, or in the event Lessee violates any of the terms, conditions or
covenants on the part of the Lessee herein contained, provided that Lessee fails to promptly
correct the violation of any term, condition or covenant after receipt of notice that R is in
violation thereof.
In the eventthe City employs its City Solicitor or an Assistant City Solicitor to coiled
rents or otherwise protect City s interests under this Lease, a "reasonable attorneys fee" under
this Article shall mean the reasonable cost of services provided bythe City's Solicitor or
Assistant Solicitor, at the rate charged for similar services by private attorneys in the Bangor
area.
�VIII[w•I•]dN IIi110kV
The Lessee shall not at anytime assign, sell, convey or transfer this Lease or any interest
therein, or sublease or sublet or rent the premises, or any part thereof, without the prior
written consent of the City, which consent shall not be unreasonably withheld. In the event of
an approved sublease, all provisions of this Lease shall extend to, bind and inure to the benefit
of not only the City and Lessee but also their successors and assigns.
The City's consent to any assignment shall be contingent upon the assignee or successor
agreeing to comply with the approved operational plan and no consent will be given if Lessee Is
in violation of its approved operational plan. Further, consent may be conditioned upon
Lessee's payment of all amounts owed the City or the express assumption and responsibility for
payment of such amounts by such assignee or successor.
ARTICIE %I% - AUTHORITY TO ENTER INTO AGREEMENT
The City hereby represents and warrants that R has taken all necessary procedural and
legal steps as required by federal, state and local laws and regulations for the purpose of
authorizing the execution of this Lease and that execution of this Lease by the City Manager
renders this Lease a valid and binding document on the part of the City and the same is fully
enforceable in all of its terms and conditions by the Lessee.
Lessee hereby represents and warrants that R has taken all necessary procedural and
legal steps as required under all state, local and federal laws and regulations, and all necessary
corporate action to authorize the execution of this Lease by Its undersigned corporate officers
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and that upon such execution this Lease is a valid and binding document on the part of the
Lessee and Is fully enforceable In all of Its terms and conditions by the City.
ARTICLE M— WAIVER
Failure on the part of the City 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 by
the City of any of the City's rights hereunder. Further, it is covenanted and agreed that no
waiver at any time of any of the provisions hereof by the City shall be construed as a waiver of
any other provisions hereunder, and that 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. The approval
of the City or of any action by the Lessee requiring the City's consent or approval shall not be
deemed to waive or render unnecessary the City's consent or approval of any subsequent
similar act by the Lessee.
LT:Ii[i�IOPC•iTC•Tid
Notices to the City provided for in this Lease shall be sufficient if sent by registered or
codi0ed mail, return receipt requested, postage prepaid toi
City Manager
City of Bangor
73 Harlow Street
Bangor, Maine 04401
with copies to Director, Health and Welfare at the same address, and notices to Lessee are to
be sent by registered or certified mail, return receipt requested, postage prepaid, addressed to -
Manager of Housing Options
Community Health and Counseling
P.O. Box 425
Bangor, ME 04402-0425
and to such other respective addressee as the parties may designate to each other in writing
.from time to time.
ARTICLE IOLII -
If any term or provision of this Lease or the application thereof to any person or
circumstances Is hereafter determined by a court of competent jurisdiction to be to any extent
invalid or unenforceable, the remainder of this Lease or the application of such terms and
provisions to persons or circumstances other than those to which it is held invalid or
unenforceable shall not be affected hereby and such term and provision of this Lease shall be
valid and be enforceable to the fullest extent permitted by law.
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The headings appearing In the Lease are intended for convenience and reference only
and not to be considered in construing this Lease.
ARTICLE Mal—NO PARTNERSHIP OR JOINT VENTURE CREATED
Nothing contained herein shall be deemed or construed by the partles hereto, nor by
any third party, as creating the relationship of principal and agent or of partnership or of joint
enure between the parties, R being understood and agreed that neither the method of
computation of rent nor any other provision contained herein nor any acts of the parties shall
be deemed to create any relationship between the parties hereto other than the relationship of
landlord and tenant.
ARTICLE JIXV —GOVERNING LAW
This Lease shall be governed exclusively by the provisions hereof and by the laws ofthe
State of Maine, as the same may from time to time exist.
U,t0[sIWfoJIfar4 pr40tAidI1IK4
This Lease contains all the terms and conditions between the parties hereto and no
alteration, amendment or addition hereto shall be valid unless in writing and signed by both
partles hereto.
ARTICLE Mill - REPLACEMENT OF PREVIOUS IEASE
it 289
The Lease replaces in its entirety the Indenture of Lease between the parties of April 10,
1995, and any amendments or extensions subsequent thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
War written above.
Witness
:yYL1�:L1.'Lr1li�
Catherine M. Conlow
City Manager
COMMUNITY HEALTH
& COUNSELING SERVICES
Witness Dale Hamilton
Executive Director
STATE OF MAINE
Penobscot, ss. 2011
Then personally appeared the above-named CATHERINE M. CONLOW, in her capacity as
City Manager, and acknowledged the foregoing instrument to be her free ad and deed in her
said capacity, and the free act and deed of said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
Commission Expires:
STATE OF MAINE
Penobscot, ss. 2011
11 289
Then personally appeared the above-named Dale Hamihon in his capacity as Executive
Director, and acknowledged the foregoing instrument to be his free act and deed in his said
capacity, and the Lee act and deed of said body corporate.
Before me,
Notary Public/Attorney-at-Law
printed Name:
Commission Expires: