HomeMy WebLinkAbout2005-08-08 05-264 ORDERItem No. OS 264
Date: August A. MOS
Item/Subject ORDER, Authorizing a tease Agreement Between the City of Bangor and the
American Folk Festival for the Use of Bass Park far Paid Postural Parking.
Responsible Department: City manager
The American Folk Festival, as part of Meir mnandng plan for this year, wishes to charge for parking at
Bass Paris. Their plan is to change $5 per day or $10 for a weekend pass. In the past, parking at Bass
Park has been provided free.
In discussing this with the Assistant City Solicitor, John Hamer, he has suggested Mat the City and the
American Folk Festival enter Into a lease agreement Mat would permit the Festival to lease the parking
areas and assess the fee.
Since Me Festival is rapidly approaching, we are requesting approval for this approach. The revenue
generated by the fee would be used toward the expenses of the festival, and we would anticipate making
the space at Bass Park available M Me Festival at no cost.
This request was discussed at the last Finance Committee meeting. The Committee recommends
approval of a lease agreement between the City and Me Folk Festival that would authodae Me use of
Bass Park for paid festival parking.
Department Head
Managees Cmnmams-
Recommend approval.
City Manager
Legal Approval:
I., Ie2 ]fFgii
Introduced for Consent Agenda
X Passage
_ First Reading Page 1 of 2
Referral
05-266
Assignedw Counubr Stemale August 8. 2005
CITY OF BANGOR
(TITLE.) ORDER, Authorizing a Lease Agreement Between Me City of Bangor and the
American Folk Festival for the Use of Bass Park for Paid Festival Parking.
ey theory CWW aero ory ofearga:
ORDERED,
THAT the City Manager is hereby authorized to execute a lease, in a form
acceptable to the City Solicitor, with the American Polk Festival for the use of Bass Park
far paid festival parking.
CITY Misfit
sst 8. 2005 3
d # # DS 264
U(U- Jd .J t OHDBa
(i1TLE.) Aath`tfr ag a Lease Agreement
Betseem the City of Baagac vast The Aoai£can
Palk Festival for tbe Use of lass Park for
Paid Festival Parking
Assigned to Coudk��n/�Jr�I-�n7- lAU
05-364
LEASE AGREE6SENT
This LEASE AGREEMENT is executed this _L day of August, 2005, by
and between:
CITY OF BANGOR, a municipal corporation only orgamud and existing
under and by virtue of the laws of the State of Maine, located in Bangor,
County of Penobscot, State of Maine, and having its principal offices at
73 Harlow Street, Bangor, Maine (hereinafter referred to as "City");
and
BANGOR FOLK FEETNAL. d.b.a. American Falk Festival, a Maine
nonprofit corporation having its principal offices at 30 Main Street, Suite
220, Bangor, Maine (hereinafter referred to as "Lessee').
WITNESSETH
WHEREAS, the City of Bangor is the owner of a certain parking facilities
located at Bass Fork, 100 Dutton Street, Bangor; and
WHEREAS, during the Falk Festival planned for August 26-28, 2005,
Lessee desires to offer parking at Bass Fork with shuttle service to the festival
event area at the Bangor Waterfront for $5.00 per car per day or $10.00 for a
three-day, pass; and
WHEREAS, the City desires to allow the American Folk Festival to utilize
the Bass Park parking area to help offset the cost of producing the Folk
Festival;
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 the Lessee as hereinafter provided, does hereby
demise and lease unto the Lessee, subject to the conditions hereinafter
expressed, the following described property in its present condition, viz:
05-264
Bass Park parking facilities as more clearly identified on plans for said
lot attached hereto as Exhibit "A".
ARTICLE II - TERM
TO HAVE AND TO HOLD the demised premises unto the Lessee from
August 26 through August 28, 2005.
ARTICLE III - RENTAL
The rental to he paid by the Lessee to the City during the initial term of
this Agreement shall be $1.00.
ARTICLE IV - USE AND OCCUPANCY OF PREMISES
A. The Lessee shall use and occupy the premises herein demised for
parking purposes for its tenants, employees, invitees and customers of its
tenants, and for no other purposes whatsoever without the expressed written
prior consent of the City.
B. The Lessee shall not use or occupy said premises in any manner as to
knowingly violate any law or regulation of any duly constituted gommmental
authority.
C. The Lessee shall have the exclusive discretion to determine the use and
occupancy of the premises by any third persons except as provided below.
ARTICLE V - RESERVATION OF CERTAIN PARKING RIGHTS
The City reserves the right to continue to use the demised parking area
without charge for official City business, including employee parking for all
Bass park facilities.
The City furtherreservesfor Bangor Historic Track, its employees,
invitees, and customers the right to continue to use the demised parking area
without charge for the purpose of utilizing the Bangor Historic Track facilities.
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ARTICLE VI - INDEMNIFICATION
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 shall defend, indemnify, save and hold Lessor, and
its inhabitants, officers, employees and agents completely harmless from and
against any and all liabilities, losses, suits, claims, posts, 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 acts or omissions of the
Lessor, its agents, employees, clients or invitees. The Lessee shall give to
Lessor reasonable notice of any such claim or actions. The Lessee shall also
use counsel reasonably acceptable to Lessor in carrying out its obligations
under this Article.
Waiver of Workers' Compensation Immunity: Lessee hereby expressly
agrees that it will defend, indemnify and hold the City, its inhabitants, officers,
employees and agents completely harmless from any and all claims made or
asserted by Lessee's agents, servants or employees arising out of Lessee's
activities under this agreement. For this purpose, Lessee herebyexpressly
waives any and all immunity it may have under the Maine Worker's
Compensation Act in regard to such claims made or asserted by the Lessee's
agents, servants or employees. The indemnification provided under this
section 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 costs of
investigators, and payment in full of any and all judgments rendered in favor of
the Lessee's agents, servants or employees against the City in regard to claims
made or asserted by such agents, servants, or employees
ARTICLE VII - INSURANCE
Lessee during the entire term of this agreement shall maintain, at its sole
expense, liability, property damage and workers compensation insurance of the
following types with companies authorized to do business in the State of Maine,
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and for the protection of the City and Bangor Historic Track, both of whom
shall be named as additional insured against all claims, losses, costs of
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 Lessee, its employees and agents arising from Lessee's use of the
facilities any part or portion thereof.
The amount of insurance shall be no less that the minimum liability
amount provided by the Maine Tort Clams Act Lessee shall cause to be
furnished to the City evidence in the form of certificates of insurance of the
existence and continuance in force of the insurance required hereunder.
ARTICLE VIII - HAZARDOUS MATERIALS
Lessee hereby covenants and agrees that it shall not, during the term of
this Lease, including any extension or renewal hereof, permanently place,
cause to be placed, deposit or discharge any hazardous waste upon the -
demised premises and further expressly agrees that it shall indemnify Lessor
from any and all costs, expense or liability, of whatever kind or nature,
incurred by the Lessor in detecting, evaluating, removing, treating, disposing of
or otherwise responding to any hazardous waste placed or deposited in
violation of this Article.
Lessee hereby covenants and agrees that it shall not, during the term of
this Lease, including any extension or renewal hereof, violate any local, state or
Federal regulation, ordinance or statute pertaining to hazardous waste or ,
hazardous material and further expressly agrees that it shall indemnify Lessor
from my and all costs, expense or liability, of whatever kind or nature,
incurred by the Lessor for any such violation.
Such costs shall by deemed m include, without hmitation, LesSm's costs
of defending any suit filed by any person, entity, agency, or governmental
authority; paying any fines imposed in settling any damage claims; complying
with any order by a court of competent jurisdiction directing the Lessor to take
remedial action with respect to such waste; and of all associated attorney's fees
and costs.
For the purposes of this Article, the term "hazardous waste" shall he
deemed to include every substance now or hereafter designated as a hazardous
waste under any provision of State or Federal law.
4
ARTICLE a - NON-DISCRIMINATION
The Lessee, in the use and occupancy of the leased premises, shall not
unlawfully discriminate or permit unlawful discrimination against any person
or group of persons in any manner.
ARTICLE X - TERMINATION
It is covenanted and agreed that either party may terminate this lease for
no cause by giving one (1) week's written notice to the other party.
ANGLE XI - IMPROVEMENTS
Lessee shall not make any permanent improvements to the leased areas.
Temporary improvements necessary for parking management are permitted
subject to approval by the Bass Park Director.
ARTICLE XII - NOTICES
Notices to the City provided for in this Agreement shall be sufficient if
sent by registered or certified mail, postage prepaid to:
Edward A. Barrett, City Manager
City of Bangor
73 Harlow Street
Bangor, Maine 04401
and notices to the Lessee shall be sufficient if sent by registered or certified mail,
postage prepaid to:
Brad Ryder, Chair
Festival Board of Directors
30 Main Street, Suite 220
Bangor, Maine 04401
or to such other respective persons at addresses as the parties may designate
to each other in writing from time to time.
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ARTICLE XIII SUCCESSION AND ASSIGNABILITY
A. All provisions of this Agreement shall extend to, bind and insure to the
benefit of not only the City and the Lessee, but also their successors and
assigns.
B. The Lessee shall not encumber, mortgage, assign, sublet or otherwise
transfer his interest or any part thereof under this Agreement without the prior
expressed written consent of the City.
ARTICLE XIV - WAIVER
Failure on the part of either party to complain of any action or
non -action on the part of the other, no matter how long the same may
continue, shall never be deemed to be a waiver by either part of any of the
othei s rights hereunder. It is covenanted and agreed that no waiver at any
time of any of the provisions hereof by either party shall be construed as a
waiver of any of the 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 by either party to or of any
action by the other requiring consent or approval shall not be deemed to waive
unnecessary the required consent or approval of any subsequent or similar
action by either party.
ARTICLE XV - INVALIDITY OF PARTICULAR PROVISIONS
If any term or provision of this Agreement or the application thereof to
any person or circumstances to any extent be declared invalid or unenforceable
by any court of competentjurisdiction, the remainder of this Agreement, or the
application of such terms and conditions to persons or circumstances other
than those which have been held invalid or unenforceable, shall not be affected
thereby, and each term or condition of this Agreement shall be valid and be
enforceable to the fullest extent permitted by law.
ARTICLE XVI - CONSTRUCTION
The headings appearing in this Agreement are intended for convenience
and reference only, and are not to be construed by the parties hereto or by any
M
third parties in construing this Agreement. Nothing contained herein shall be
deemed or construed by the parties hereto or by any third party as creating
the relationship of principle and agent or of partnership or of joint venture
between the parties hereto, it being understood and agreed that all provisions
contained herein are intended to create the relationship between the parties of
landlord and tenant.
ARTICLE XVII - GOVERNING LAW
This lease Agreement shall be governed exclusively by the provisions
hereof and by the law of the State of Maine, as the same may from time to time
exist.
IN WITNESS WHEREOF, the parties hereto have set their hands and
was the day and year fust written above.
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CITY OF �GOR
Its City Manager
K GOR FOL/K/nFMTIVAL
Sy: Bra der
Its: Ch 'r
05-264
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