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HomeMy WebLinkAbout2004-07-12 04-218 ORDERItem No. 04-218 Date: July 12, 2004 Item/Subject Order, Authorizing the City Manager to Execute a Lease with National Able Network for Space at 647 Main Street Responsible Department: Legal National Able Network, a non-profit serdor citizen work program, desires to lease approximately 1982 secure feet of the Parks & Recreation building for use as its office. (The National Able Network is the successor to the National Agency on Aging, who currently leases the same space.) The Parks & Recreation Department has negotiated a draft lease to begin July 1, 2004, for an initial term of one your, renewing on a yearly basis thereafter. The rent for the first year will be $5,500.00. A copy of the lease is attached hereto. The Government Operation Committee recommended approval of this lease at its June 29,2004 meeting. Department head canments: � ^ (cz City Manager 1 Finance Director Intr9duced for 6 zn Passage _First Reading Page _of_ Referral Amipedtu Councilor Greene July 12, 2004 CITY OF BANGOR (TmBJ ORDER, Authorizing the City Manager to Execute a Lease with National Able Network for Space at 647 Maln Street. 6y Me OTy Cdoml of the Ory of eangon. ORDERED, THAT Edward A. Barrett, City Manager, Is hereby authorized and directed! to execute a lease with National Able Network for space at 647 Main Street (a portion of the Pads & Recreation Department building), in amordance with the lease attached hereto. IN CI1R C009CIL ]oly 12. 2004 PaeaeA k 04-218 0 R D E R (TRLE) Authorising the City Manager to ffieate a Nationale for Spaceat647 Mein Street " Assigned to Councilor Ott" 6 �/ M -La THIS INDENTURE OF LEASE, exeghed in duplicate, this 30 day of June, 2004, by and between: r The CITY OF BANGOR, aody politic and corporate, duly organized and existing u rear and by virtue of the laws of the State of Maine and located in Penobscot County, Maine (hereinafter sometimes referred to as "Lessor') NATIONAL ABLE NETWORK, a non-proft corporation duly organized and existing under the laws of the State of Maine having its principal offices in Bangor, Penobscot County, Maine (hereinafter some0mes referred to as "Lessee') WITNESSETH: WHEREAS, theAessor is the owner of a structure, commonly known as the 'Bangor Packs & Recreation Center', located on Main Street in said City of Bangor, County of Penobscot, State of Maine; and WHEREAS, the Lessee desires to lease a portion of the Bangor Parks & Recreation Center for purposes of providing a main office for Lessee's organization, NOW, THEREFORE, the parties hereto do mutually agree as follows: ARTICLE S PREMISES The Lessor, 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 Lessee, and Lessee does hereby lease, take, and hire upon, subject to the conditions hereinafter expressed, the following described property, viz: a portion of the First Floor of the Bangor Parks & Recreation Center, as depicted In a sketch attached to this Lease as "Exhibr A", said premises to include grounds and walkways immediately surrounding said building in common with others and the right to use in common with others, the existing parking lot on the property. 049218 ARTICLE II IF M Unless earlier renewed, terminated or surrendered, this Lease shall remain in effect for one (1) year, commencing July 1, 2004 and ending on lune 30, 2005. Upon expiration of the initial term, this Lease shall continue in effect on a year-to-year basis, unless either party shall have given prior written notice to the other of an intention not to renew. Failure to give such notice prior to the expiration of this Lease shall not impair the right of either parry to terminate this Lease at any time after lune 30, 2004, upon thirty (30) days prior written notice. ARTICLE III RENT The rent to be paid by Lessee to Lessor during the term of this Lease shall be the sum of Five Thousand Five Hundred Dollars ($5,500.00) per year payable as follows: $2,750.00 on July 1 and $2,750.00 on January 3 of each year. ARTICLE N L OCCUPANCY AND IMPROVEMENT OF PREMISES Lessee shall use, occupy, and maintain the premises herein leased in a businesslike, careful, non -hazardous manner for the purpose of a in office of Lessee's organization ad membership, and for no other purposes whatsoever without the expressed prior written consent of the Lessor. Lessee shall not use, occupy, or maintain the leased premises in any manner as to knowingly violate any law or regulation of any duly constituted governmental authority. Lessor, through its agents, shall at all reasonable times have the right to go on and inspect the leased promises. Lessee shall have the night, upon Lessor's prior written consent, which shall not be unreasonably withheld to make non-structural Posed Improvements to the leased premises as necessary to facilitate Lessee's intended use, provided such improvements do not impair the usefulness of the leased premises for other recreational uses. Subject to the provisions of Article XV below with respect to non -fixed personal property, title to all such fixed Improvements shall pass to the Lessor upon final termination or expiration of this Lease. 04-218 ARTICLE V INSURANCE Lessor shall insure the leased premises against property damage and public liability claims. However, it is expressly understood by and between the parties hereto that the Lessor's insurance will not cover the activities of the Lessee conducted on or in the leased premises, nor any property of the Lessee =red and/or used on or in the leased premises. Lessee shall obtain and provide evidence of general liability insurance coverage in a minimum amount of $300,000 per claim, covering all (lability claims arising out of Lessee's Intended use of the leased premises. Such Insurance obtained by the Lessee shall be written by an insurance company licensed to do business in the State of Maine and having a regular office or agent in the area or Bangor, Maine. Lessee's liability insurance policies shall name the City of Bangor as an additional named insured, and shall be written as primary coverage insurance for all claims arising out of Lessee's use and occupancy of the demised premises. ARTICLE Vr INDEMNIFICATION To the fullest extent permitted by law, Lessee shall Indemnify and save harmless the Lessor and Lessor's employees and agents from and against any and all claims by or in behalf of any person(s), firm(s) or corporation(s) arising from use, occupancy, conduct or management of the demised premises by the Lessee, or by Lessee's agents, employees, members, invitees or any of them, including all claims by.or in behalf of Lessee's employees or agents in Lessee's activities upon the demised premises. For this comm. Lessee hereby mp=5]v mives any and all' dv from Judgment 't "t may otherwise emov underthe Maine Workers Comparesation Act of 1992 39-A MRSA 4101 et sed. ' the Maine Charitable Immunity statute 14 MRSA 68 158 and 158-A- other provisions of law. ARTICLE VII The Lessor shall be responsible for repairs to the leased premises, unless Mid maintenance and repairs become necessary as a result of negligence or wanton and wilful conduct by the Lessee or Its employees, members or invitees. In such event, the maintenance and repairs and the expenses resulting therefrom shall be the responsibility of the Lessee. 04 218 ARTICLE VIII ACCESS TO PREMISES Lessor at its own expense shall reasonably maintain all streets and roadways abutting the leased premises that provide access thereto reasonably free and clear of snow, ice and other impediments to vehicle and pedestrian traffic. Lessor shall provide for snow removal from the parking areas adjacent to the bullding containing the leased premises. Lessor shall be responsible for removal of snow, ice and other impediments from all paths or walkways within the parking area and from all other walkways adjacent to the leased premises. ARTICLE IX >LTT SES Lessor, at its sole expense, shall furnish all necessary electricity and heat to the leased premises. In addition, Lessor shall be responsible for roubne Internal repair and maintenance of all utility systems. ARTICLEX MECHANICS' LIENS The Lessee agrees to promptly discharge (either by payment or by filing of a necessary bond or otherwise) any mechanic', materiaimen't or other liens against the leased premises, which liens may arise out of any payment due to labor, services, materials, supplies or equipment which may have been furnished to or for the Lessee. ARTICLE XI NONDISCRIMINATION In the use and occupancy of the leased premises, Lessee shall not In any manner discriminate or permR discrimination against any person or group of persons on the grounds of race, sex, age, religion, color, national origin, or physical or mental handicap, or In any other manner prohibited by law. ARTICLE XII SUCCESSION AND ASSIGNABILITY All provisions of this Lease shall extend to, bind and inure to the benefit of not only the Lessor and Lessee but also their respective successors and assigns. Lessee shall not encumber, mortgage, assign or sublet or transfer its interests or any part thereof under this Lease without the prior express written consent of the Lessor. In no event shall the Lessee named herein be relieved from any obligations under this Lease by virtue of any assignment or sublease. ARTICLE XIQ TERMINATION It is covenanted and agreed that: (I) If the Lessee shall fall to obtain, maintain in force, or provide evidence of the Insurance required under Article V of this Lease; or (2) 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 Lessor; or (3) If the 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 and such default shall continue for a period of thirty (30) days after written notice thereof by the Lessor; or (4) If the estate hereby created shall be taken on execution or by other process of law; or (5) If any assignment shall be made of the property of the Lessee for the benefit of creditors; or (6) If Lessee shall be found in violation of any applicable Federal, State or municipal law, statute, regulation, ordinance, code or order affecting the leased premises, relating to health, safety, fire safety, sanitation, or building maintenance, and such violator shall continue after ten (10) days written notice thereof; or (7) If Lessee shall, fall to obtain or maintain In goad standing any Federal, State or municipal permits or licenses required for Lessee's intended use of the leased premises. then, In any of the said cases, the Lessor lawfully may, immediately or at any time thereafter, and without demand or notice, enter into and upon the leased premises or any part thereof, in the name of the whole and repossess the same as of the Lessor's M-218 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 of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry as aforesaid, this Lease shall terminate, and the Lessee covenants and agrees to pay and shall be liable for the rents and other charges that would have became due if this Lease had not been terminated or if the Lessor had not entered or reentered as aforesaid. As an altemative, at the election of Lessor, Lessee will upon such termination pay to Lessor, as damages, the amount of the excess, if any, of the total rent and other benefits which would have accrued to the lessor under this Lease for the remainder of the Lease term if the provision of this Lease had been fully complied with by Lessee over and above the then cash rental value of the leased premises for the balance of the term. In the event that the funding Lessee from time to time receives under the Senior Community Service Employment Program under Title V of the Older American Acts (the "Program') is eliminated or reduced substantially to the point that it is no longer economical for the National Able Network to maintain a Maine office, Lessee shall have the right to terminate this Lease upon not less than sixty (60) days prior written notice to Lessor. ARTICLE XN DELIVERY OF PREMISES Upon the termination or expiration of this Lease, the Lessee shall surrender and deliver possession of the leased premises to the Lessor in good condition and repair, ordinary wear and tear excepted. ARTICLE XV REMOVAL OFNP_ Ar�L PROPERT' Upon the termination or expiration of this Lease, non -fixed improvements and other personal property erected or located upon the demised premises by the Lessee shall remain the property of the Lessee, and the Lessee shall have the right to remove the same from the demised premises within twenty (20) days from the date of termination of said Lease. Any such property not so removed within said twenty (20) day period, shall become the property of the Lessor to be disposed of in such way as it may deem fit. In the event the Lessee elects to remove said Improvements and other personal property, the buildings and land appurtenant thereto shall be returned to as near as possible its condition as at the commencement of this Lease, ordinary wear and War excepted. o4 -La rUINCOWU The Lessor covenants that at the commencement of the term of this Lease, it has good title to the demised premises free and clear of all liens and encumbrances. The Lessee, subject to the terms and provisions of this Lease on payment of the rent, and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept 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 Lessor or any persons lawfully claiming under the Lessor. fUAKIPIWIDO CONSTRUMQN The headings appearing in this Lease are intended for convenience and reference only, and not to be considered in construing this Lease. Nothing corrcained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or joint venture between the parties hereto, it being understood and agreed that neither this Lease nor any acts of the parties shall be deemed to create any relationship between the parties other than the relationship of landlord and tenant. ARTICLE XVIII �.I�Lti�ifl�n_t:ad:mr�lyrn.1.1 If any term or provision of this Lease is held to be Invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each other term and provision of this Lease shall be valid and eMbnoeable to the fullest extent permitted by law. ARTICLE XIX AMENDMENTS TO LEASE This Lease contains all the terms and conditions between the parties hereto and no alteration, amendment or adds lon thereto shall be valid unless in writing and signed by the parry against whom enforcement may be sought. 06-218 WAIVER Failure on the part of the Lessor to complain of any action or non -action on the part of the Lessee no matter how long the same may continue, shall not be deemed to be a waiver by the Lessor of any of the Lessors rights under this Lease. Further, no waiver at any time of any provisions of this Lease by Lessor shall be construed as a waiver of any other provisions of this Lease. A waiver at any time of any of the provisions of this Lease shall not be construed at any wbsequent time as a waiver of the same provisions. The consent or approval of Lessor N or of any anion by the Lessee requiring the Lessor's consent or approval shall not be teamed to waive or render unnecessary the Lessor's consent or approval to or of any subsequent similar act by the Lessee. ARTICLE XXI GOVERNING LAW This Lease shall be governed exclusNely by the provisions hereof and by the laws of the State of Maine, as the same may from time to time exist. ARTICLE)Q9 NOTICES Notices to Lessor provided for in this Lease shall be sufficient if sent by certified mail, postage prepaid, addressed to: Director of Parks @ Recreation, City of Bangor, 647 Main Street, Bangor, ME 09901; and notices W Levee shall be sufficient if sent by certified mail, postage prepaid, addressed to: Project Director, National Able Network, 647 Main Street, Bangor, Maine 04401, or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE XXIII ANTHORHY TO ENTER INTO AGREEMENT The parties hereby represent and warrant that they have taken all necessary, procedural and legal steps as required under all state, local and federal laws and regulations for the purpose of authorizing the execution of this agreement, and that execution of this agreement by Edward A. Barrett, City of Bangor City Manager, and the Project Director for the National Able Network, respectively, renders this agreement a valid and binding document on their respective parts. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the day and year first wntten above. CITY OF BANGOR Vness Title City Manager NATIONAL ABLE NETWORK By Printed Name Title Ex£cye 7)/,e zro4 0M218 OFFICE II .I OFFICE STORAGE ?I OFFICE s Id__..__..__.._4_in— JANITOR 1 9 a A sq Fr. OFFICE'S OFFICE m_-