The URL can be used to link to this page

Home My WebLink About2007-03-12 07-111 ORDERItem Ne' 07 111 Date: March 12, 2007 Item/Subject: Order, Authorizing the Oty Manger to Execute a lease with Elk River Development Responsible Department: Legal This Order authorizes the City ManagerW enter intoa five year lease with Elk River Development for ten parking spaces in the parking IM located on May Street adjacent to the Police Department. Such a lease has been envisioned since the qty acquired the site and entered Into a Planned Group Development agreement with Memill Bank and Hayward Associates, the former owner of Elk River Development's building. The Government Operations Committee recommended approval at its February 7, 2007, meeting. Department Head City Manager Associated Information: Ordert;�._. Budget Approval: finance Director .' City SbIldlor Introduced for _K_ Passage First Reading papa _of _ Rafemal 03/12/2007 Aaa�M bcvavulor Naves 07 111 CITY OF BANGOR (TITLE.) ORDER, Authorizing the Qty Manger W Execute a lease with Elk River Development WHEREAS, the City is the owner of a certain parking lot on May Street next to the Bangor Police Department and a building owned by Elk River Development; and WHEREAS, Elk River Development deslres to lease ten parking spaces for $40 per space per month for a five year tens; NOW, THEREFORE, BE IT ORDERED BY WE CITY COUNCIL OF WE CITY OF BANGOR THAT, the On, Manager is authorized, on behalf of the City of Bangor, to execute a lease with Elk River Development for ten parking spaces in me May Street lot for $40 per space per month for. a five year term in a form substantially similar to the attached lease, the final form of which shall be approved by the City Solicitor or Assistant Gry Solichar. u Gin COMM �rch 12. 2007 um n oy-i1i n nnza utho[iai" the City N ger to 0[eeYke a lee8¢ vTE6-8IF3iver gibpneut �tb�CWo/nYnm_'.44u= I , zou LEASE 1. Parties. 07 111 This indenture of lease is date J 2007. It is made by and between the City of Bangor, a municipal corporation in Penobscot Canary Maine, hereinafter colied the Landlord, and Elk River Development, a Maine corpomtimn ffiaptaceofbusinessi Bmgor, Maine, hveioafter called tlhe Tenant. 2. Premises. Uponthe terms and conditions arras hos; fi el.andlord demisee and leases mdme Tenant, and the Tenet rakes and leasee ffom [he Landlord, ten (10) parking spaces as depicted on Exhibit A, attached haven and imosp natal by reference herein. The foregoing described parking spaces are haeineRer refaced to as the demised premises.,_' 3. Term. The term of Us lease is for an initial term offive yeas, commencing on 2007. Tenant shall have the opfion to extend this lease for an additional five year term under the same terns and conditions and may exercise this option by providing notice to landlord, care of Chief of Police of the Bangor Police Department, sixty, (60) days Prior m the automation date of the initial [ern. 4. Use noTenam shall me the demised promises only for parking in connection it building located at9May Btreet,Banmr,Maine. TheTenentmayallowthete ma ofits May Str dpropaTytoun thedentisedpremismoranyportiontheno£ The Tenant shall amore that its tensors complywithA runs and conditions of this Lem. The Tenant's use of the demised premises shall st all home comply with all applicable tonmi mental sntums, ordinances, and regulations. 5. Rental The initial rent for the demised premises shall be$0 per month. This ret shsB be adjusted to match the monthly permit fee charged by the City for spaces in the Bangor House Puking Lot in any time that this Parrott fee is inaeasd. Lmdlord shall notify Tenant of my such increase thirty days in advance of the effeetive date ofsach increase. Rent shall be payable in advance on the fust —1— 07 111 day ofeach and every month during the man lemo& except that the rent fmanypartial months shall be prorated on a psi diem basis. 6. Insurance. The Tenant agrees in kap and save the Landlord hamdess and indemnified against all claims arising from damage to or destruction of the personal porosity occurring on or about the demised premises. The Landlord shall Trot be liable for any loss, injury, death, or damage to persons or property sustained by the Tenant m by any person upon the demised premises, and &a Teresa[ shall indemnify the Landlord against all claims, liability, loss, or damage on moment thereof, unless wusedbythefaultofthe[ dlord,thelsndlord'sageots,memployees. The Teaanaliall maintain throughout the tear of this lease a public liability imsummce policy running the f.nndlord and the Tenant as insureds, in form and amourd reasovnbly acceptable to the Landlord, and shall provide certificates or other proof of such insurance when requested by the Landlord. The Lessee hereby exorasly waves me end all immunity it may have under the Maine Workers Commotion Act in romed in cors servants or amnlovas. The indemniEciumn provided under this paragraph shell extend to and. include any and all costs incurred by the City of Bangor to answer, investigate, defend and settle au such claims,including bat our limited to the City of Burger's costs fer attomeyx fees, expert and other witness foss, the cast of investigators, and payment in full of any and all judgments rendered in favor ofl.essee's agents, servants or employes against the City ofBangor in regard to clams made or asserted by such agents, servants, or employees. 7. Default If the Tenant fails to pay the rest or other charges payable hereunder fm a period of thirty days after written entice thereof has been given by the Landlord or if the Tenant fails to perform or observe any of rise other covenants, terms, provisions, or conditions of this lease an the Tenat'.span to be performed or observed and such failure ceminues fm a period ofW rty days after written ounce thereof loss been given by the 1. andlotxf(except that if such default cannot be cured with the exercise of all due diligence within said period, then said period of thirty days shall be emended for such period as shall be required if the Tenant commences forthwith and prosecutes the curing ofthe same with all due diligence), notwithstanding any license of my former breach ofmoment or waiver of the benefit thereof or consent thereto m a former insmmca, the Landlord lawfully may, immediately.' or at any time thereafter, without further demand or notice, laminate this laws bygiving the Tenant- writtar notice thereof 8. Miscellaneous Provisions. 8.1. Assignment This lease maynot be resigned or the demised premises sublet by the Tenent without the prior written consent of the I.ardlord, which consent shall not be unreasonably.. _2_ 07 111 withheld or delayed. Provided that, however, the Tenant may sublet the demised premises or my portion thereof to its Tenants at its May Street building. 82. Memorandum of Lease. Theprtiesshallnotrecu &Manomndu ofL earthe Lease. 8.3. Blndandluure. All ofthe terns and provisions of this lease shall bebinding upon and shall inure to the benefit of the heirs, executors, admwakanom, successors, and assigns of the respective parties haemo, except then all covenants of the lamilord contained in this lease small be binding upon the Landlord and the Iandlord's successors only with respect to breaches occurring during the Landlord's or the Landlord's succersors' respective ownership of dse Landlord's imagist major this lease. 8.4. fnvolidih of Particular Provisions. If airy term or provision of Us lease or the . application thereof to any person or eircumatance shall, b any extent, be invalid or unmfmceable, than the remainder of Us lease, or the application of such tam or provisions to persons or dreumetancee other than those as to which it is held invdid or menforccable, shag not be affected thereby, and each term and provision ofthis lease shall be valid and be enforced to the fullest extent permitted by law. _ S.S. CovernmeLaw. This lease shall be governed by and command in accordance with the laws of the State of Maine. - 8.6. Paragraph Reactions. The paragraph headings throughout Us inammient we for' convenience and ref ceonly, and Us words contained therein shall in m waybe held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of tier provisions ofN$ lease. hi whom whereof the landlord and the Tema r: have caused this instrument to be signed mid sealed in any number of counterpart copies, each of which com[erpart copies shall be deemed an original for all purposes, as of the day and year fust above written. Witness: The CityofBmgor By Its Llh River Development Lon