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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. -2- 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, -3- 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. -5. 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. -7- CITY OF �GOR Its City Manager K GOR FOL/K/nFMTIVAL Sy: Bra der Its: Ch 'r 05-264 FULLING A EA TTLU .SS D MACDONALDtm) PARKING cnA�� PACK CKT PARKIP IPC NG p. r ®p M aiCE r n NI m4 'iY BASS PARK