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Home My WebLink About2011-04-11 11-123 ORDERItem No. ) L A Date: April 11 2011 Item/Subject: ORDER, Authorizing City Manager to Enter into a Lease Agreement with Hamlin's Marine Responsible Department: Engineering The Order would authorize the City Manager to enter into a lease agreement with Hamlin's Marine to lease the unused portions of Dock 4 during 2011. The Lease Agreement shall commence on March 30, 2011 and shall terminate on November 1, 2011 and Hamlin's Marine shall pay tothe City 10% of rental fees or revenue R receives for use of the equipment in consideration of this Lease Agreement. The lease agreement would be approved as to form by the City Solicitors Office. The Infrastructure Committee (IC) reviewed this April 5, 2011 and unanimously recommended approval by the full Council. Arthur B Moman Interim Departxn[ Head City Manager Associated Information: Lease Agreement. Approval: % Passage _ First Reading Referral CitytySnlidm� Page _ a L� ts3 Aesigred to Councilor Gratulck April 11, 2011 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Enter into a Lease Agreement with Hamlin's Marine WHEREAS, The City of Bangor owns and operates the Float docks on the waterfront; and WHEREAS, Hamlin's Marine requests to renew a lease agreement for unused portions of Dock 4, during 2011; and WHEREAS, the lease agreement shall commence on March 30, 2011 and shall terminate on November 1, 2011; and WHEREAS, Hamlin's Marine shall pay to the City 10% of rental fees or revenue it receives for use of the equipment in consideration of this lease; and WHEREAS, troth parties desire to enter into a lease agreement; and WHEREAS, the terms of this agreement are advamagelous to both parties. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That The City Manager Is authorized to enter into a lease agreement with Hamlin's Marine for unused portions of Dock 4 during 2011 to suppliment its docking facilities. A copy of which is attached hereto. The lease shall be in a final form acceptable to the City Solicitor, office. m un CaanciL April 11, 2011 Notion Made and Serooded fok Passage Passed un nanpa a Lease Agrem t with N iu'e Arlpedfocoaoaoor. )D 77 11 123 LEASE AGREENEIYT THIS LEASE AGREEMENT is by and between the CITY OF BAEOOR, a municipal corporation orgmtittd and existing under the laws of the State of Maine (hereinafter 'Cityl, and MAIM MT MAGMA, BAE =, a business organized and endstkng under the laws of the State of Maine, and having a place of business in Hampden, Maine (hereinafter `Lessee°). WITNESSETH: WHEREAS, the City is the owner of fast docks that are seasonally installed in the Penobscot River; WHEREAS, the City will not use all the sections of Dock 4 during 2011; WHEREAS, Lessee wishes to lease unused sections of Dock 4 m supplement its docking facilities in Hampden in 2011; WHEREAS, the City is not opposed to such an arrangement, provided the following terare are met, NOW THEREFT RE, the parties hereto hereby agree as follows: L EQUIPMENT -The City, for and in consideration of the rents w be paid and the obligations to be perfofined by the Lessee as hereinafter provided, does hereby lease unto the Lessee, subject to the conditions hereinafter expressed, the following described property in its present condition: up to twelve (12) sections of City float Dock 4 (the °Equipment'). II. TRANSPORTATION - Lessee shall be responsible for transporting Equipment from Bangor public Works to Hampden and retummg it at the conclusion of the Lease Agreement 111, TERM OF LICENSE - This Lease Agreement "I commence on March 30, 2011, and shall terminate on November 1, 2011. IV. MAINTENANCE OF EQUIPMENT - In consideration of mus Lease Agreement Lessee hereby agrees W maintain the Equipment in a neat, safe, and clean condition during the period this Lease Agreement shall remain m effect Furthermore, upon termination, Lessee shell return the Equipment to the City m a condition equal or better to thaz existing at the date of commencement of the Lease Agreement as determined by the City. V. INDEMNIFICATION - The Lessee does hereby for itseV, its successom, its guests and Invitees, fully and completely RELEASE and HOLD HARMLESS the City, its inhabilunts, officers, servants, agents and employees Imo any and all claims, demands and actions that Leaaee, its successors, or third parties may have, on account of loss, damage or injury, including personal injury, that is caused by use or transportation of the Equipment. Lessee and its successors also hereby expressly agree to defeM, indemnify, and hold the City, its officers, servants, agents and employees harmless from and against any and all claims, demands, actions, andjudgments in favor of Lessee or its successors, servants or employees arising out of the use or transportation of the Equipment For Lhje 11 123 contuse.Leasee hereb and all immunityit may ha W r Com reason Act in re w to such claims made ore d t Lessee ebv s Lessee's agents, servants; or molovees The indenmif tion provided under thio paragraph shalt emend to mW include any and all costs incurred by the City -ta-answer, fiviestigate, defend and settle ell such claims, including but not hushed to the City's coat for attorney fees, expert or other witness fees, the cost of investigntora, and psyment in full of any and au judgments rendered in favor of any person, including agents, servants Or employees of Leasee offshoot the CRY in regard m claims arising out of this Lease Agreement The Lessee shall also use counsel reasonably acceptable to the City in carrying out its obligations under rhu Article. W. INSPECTION OF EQUIPMENT - Lessee hereby agrees that it shall thoroughly inspect the Equipment for any hasaMs or defects prior in making use thereof uncle this Lease Agreement. It is understood that this Lease Agreement R Ensued for use of the Equipment °as W, and that the City makes no warranty or representation of any kind regarding the safety or condition of the Equipment. Use of the Equipment by Lessee sball be at Lessee's sale and exclusive risk. VII. LEASE FEE - Leasee agrees m pay to the City the sum of ten percent (10%) a rental fxs or revenue it receives for use of the Equipment m conaiderailon of this Lease Agreement. M. COMPLWNCE WITH LOCAL STATE AND FEDERAL LAWS - Lessee shah not use or occupy soil Equipment in any manner an to knowingly violate any Iaw or regulation of any duly constituted govemmenml authority. LX. NON-DISCRIMINATION - Leasee, in the use of the Equipment, shall not unlawfully discriminate or permit unlawful discrimination against any person or group of persona in any msrmer. X. IMPROVEMENTS — Leasee may make permanent improvements, minor moditications, and improvements to the Equipment only with prior approval of the City. XB.KMICES - Notices in the City provided for in this Lease Agreement shall be sufficient if sent by first class mail, postage prepaid be Arthur Morgan, Interim Public Services Director 73 Harlow Street Bangor, Mame 04401 and notices to the Lessee provided for in this Lease Agreement shall be sufficient if sent by fust class mail, postage prepaid to: Dan Higgins, General Manager Hamlin's Marina, Hampden 100 Marina Road Hampden, Maine 04444 or to such other respective persons at addresses as the parties mqy designate to each other in souring from time W time. XIII. SUBLET. ASSIGNMENT AND ENCUMBRANCES PROHIBITED - Leasee shall not encumber, mortgage, assign, sublet or otherwise transfer Lessee's interest or any part thereof under this Leese Agreement without the prior express wfitten consent of the City. XN. NO JOINT VENTURE - Nothing contained herein sball be deemed or construed by the parties hereto or by any thhd party as creating the reladonahip of principal and agent or of partnership or of joint venNre between the parries heron. WMMS the following signatures and seals thin 30th day of March, 2011 CITY OF BANOOH By: Arthur Morgan Its: Interim Public Services Director By: Dan Higgins In: General Manager