HomeMy WebLinkAbout2002-03-25 02-145 ORDERItem
Date: March 25, 2002
Item/Subject: Authorizing the City Manager to E:recute a Parking Agreement
Electric Company
Responsible Department: Community and Economic Development
This Order would approve a proposed lease by General Electric of 196 parking spaces in the newly
wastmcted City lot at Maine Avenue and Johnson Street. The term is to September 30, 2015 ma
monthly rate of $2,058. GE would be responsible for all maintenance. The proposed lease rate reffects
the City's war ofconstmcOng the padcwg lot amortized over the term of the lease plus the annual lease
value of the 1.80 acres of land involved.
epartmen ead
Manager's Comments: B f n �u,cem"aNV
City Manager
Associated Information:
,c0>L_l,� - (;I—
Finance Director
_ Passage
_ First; Reading Page _ of _
Referral
AssippNto Councilor arl ci Rerch
CITY OF BANGOR
(TITLE.) Order, Authorizing the City Manager to Execute a Parking
Agreement— General Electric Company
By the 0Y cbax/offhe GNWJnr:
NOW, THEREFORE, IT IS ORDERED THAT:
The City Manager a hereby authorized to execute a Padang Agreement between the City of
Bangor and General Electric Company. Said Parking Agreement shall be in wbstantially the
form as attached hereto.
I un C mcu
March 25, 2002
Passed
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02+145
LEASE AGREEMENT
This LEASE AGREEMENT, executed to duplicate this ja day of
2002, by and between:
CITY OF BANGOR, a body politic arta corporate, duly organized and existing
under and by virtue of the laws of the State of Main and being located in
Penobscot County, State ofMaine, as Lessor (hereinafter sometimes referred to as
"City%
GENERAL ELECTRIC COMPANY, a corporation duly organized arta existing
under and by virtue of the laws of the Stare of New York, with a place of business
located in Penobscot County, State of Maine, as Lessee (hereinafter sometimes
referred to as "GE's,
WITNESSETH
WHEREAS, the City of Bangor is the crater of a parking lot located on Maine
Acetate at the site of the former steam plant in the City of Bangor, County of Penobscot
Stare of Maine, and
WHEREAS, Lessee des'nes to lease from the City, and the City is willing m lease
to the Lessee certain spaces on said parking lot fm purposes of providing parking for its
employees, invitees, and customers;
NOW THEREFORE, the parties do maturity agree as follows:
ARTICLE I
PREMISES
The City, for and m consideration of We reran to be paid and the obligations to be
perforated by the Lessee as herein provided, does hereby demise and lease Onto the
Lessee, and the Lessee does hereby demise, Tariq take and hire, upon and suhjeet to the
conditions heroinafter expressed, the following described property in its present
condition, viz:
One hundred ninety-six (196) parking spaces, said parking spaces being
mare clearly identified on a plan for said lot aveched bereto as Exhibit
..A..
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ARTICLE II
TER
TO HAVE AND TO HOLD the demised premises auto the Lessee for a period
commencing on the first day of April, 2002, and expiring on the last day of September,
2015,
ARTICLE III
RENTAL
The renal to be paid by the Lessee to the City during the tens of this Agreement
shall be payable on or before the first day of each month. The rental one shall be $10.50
per space per month for amail momhly payment of $2,058.00.
The Lessee shall pay all renals hemin required without prior demand therd'ore in
lawful money of the United Steles, at the address of the City as herein set forth or at such
other places as the City shall designate.
ARTICLE N
USE AND OCCUPANCY OF PREMISES
A. The Lessee aloof use and occupy, the premises herein demised for parking
proposes for employees, invitees, and customers, 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 my other manner as
In knowingly violate any law or regulation of any duly constituted governmental
authority.
C. The Lessee shall be responsible snow removal a said premises.
D. The Lessee may, at its own expense, install signage in and adjacent to the
said premises which designates the said premises as GE parking only. Such signage must
comply with applicable City Ordinances. The Lessee shell also be responsible for
removing this signage and returning the said premises to its original condition m the
expirmlon of this lease.
E. Lessee shall have the exclusive discretion to determine the use and
occupancy of the premises by my third persons, and shall have all rights to prohibit and
remove my persons or vehicles as may occupy said premises without Lessee's
permission so Ion as signage has been installed
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F. The City, through its agents, shall have at all reasonable times the right to
go upon andmspect the demised premises.
G. The Lessee, at its own expense, shall maintain and keep in good repair the
demised premises. If the parties hereto agree then if during the tum of [itis Agreement
the demised premises shall be destroyed or so damaged by fire, eanhquiro% or tabor
casualty so as to make it impractical or music for Lessee, its employees, invitees, and
customers to use the demised premises as centemplated herein, the City shall be under no
Obligation in rebuild or restore said premises to the same condition as prior to said
casualty and the Lease will thereupon terminate.
ARTICLE V
INDEMNITY
The Lessee shall indemnify and hold the City, its inhabitmas, employees and
agents, forever harndds from and against all liability, loss or expense imposed upon the
City, its iMabitunts, employed and agents, by reason of legal liability for injuries in
persons and damages to property caused by any act or omission, negligence or other
misconduct in or about the demised premises by the Lessee, its employes and agents.
Lessee's indemnification under this Article shall not extend to liability, losses or claims
arising our of the negligent acts or omissions of the City in performing maintenance or
repairs under Article IV above.
ARTICLE VI
NON-DISCRLWNATION
The Lessee, in the use and occupancy of the leased premises, shall not unlawfully
discriminate m permit unlawful discdn mown against any person or group of persons in
any manner.
ARTICLE VII
COVENANT OF OUMT ENS03j N"f
The Leasee covenants, subject to the wana and conditions of this Agreement, on
payment of the rent and observing, keeping and performing all of the terms and
conditions of this Agreement m its behalf to be observed, kept and performed, shall
lawfully, peacefully, and quietly have, hold, occupy, and joy the demisN premises
during the term hereof or my extension thereof without hindrance or rejection by the
City.
ARTICLE VBI
AUTHOM1Y TO ENTER WTO AGREEMENT
A. The City hereby represents and warrants that it has taken aft necessary,
procedural and legal steps as required ander all State, local, and Federal laws and
regulations, for the purposes of authorizing the execution of this Agreement and that the
execution of this Agreement by its City Manager rendes this Agreement a valid and
binding document on the pare of the City of Bangor, its successors and assigns, and is
fully enforceable in all of its terms and conditions by the Lessee.
B. The Lessee hereby represents and warrants that it has taken all necessary,
procedural and legal steps as required under all State, local, and Federal laws and
regulations, and all necessary action to authorize the execution of this Agreement, and
that the execution of this Agreement is a valid and binding document on the part of the
Lessee, its succersom and assigns, and is fully enforceable in all of its terms and
conditions by the City.
ARTICLE IX
TERMWATION
It is covenanted anti agreed that:
(a) If the Lenses shall neglect or fail m pay the rent or other charges
payable hereunder, and such default shall continue for a period of ren (10) days after
wriften notice thereof by the City; or
(b) If the Lessm shall neglect or fail to perform or observe my of the
other covenants, terms, provisions, obligations or conditions no its pat to he performed
or observed under this Lease and such default shall continue for a period of but (10) days
after written notice thereof by the City; or
(c) If the estate hereby created shall be taken on execution or by other
pmce33 bfleW
or
(d) If the Lessee shall be declared bankrupt or insolvent according In
law;
(e) If any assignment shall be trade of the property of the Lessee for
benefit ofcrediars; or
(f) If a receiver, vustee in banlouptcy, or other similar officer shell he
appointed to take charge of all or any substantial part of the Les saes property by a court
of competeatjurisdiction; or
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(g) If a petition sball be fled for reorganization of the Lessee under
the provisions of the Bankruptcy Act, now or hereinafter enacted, and such proceeding is
not commended within sixty (60) days after it has begin; or
(h) If the lessee shell file a petition for reorganization or for
managements under my provision of the Bankruptcy AcS now or hereinafter enacted, and
providing aplan for the debtor to settle, satisfy or extend the fime for payment of debts;
then, in my of the above cases, the City Iawfdly may, immediately or at any time
thereafter, and without demand or notice, enter into and upon the same demised premiers
or any pan thereof, in the more of the whole and repossess the same as the City's former
estate, and expel the Lessee ant those claiming through or under it ant remove it or thein
effects (forcibly, if necessary) without being deemed guilty of any mmner of trespass,
and without prejudice to any remedies which might otherwise be used for arrears of rent
or preceding breach of covermrr, and upon entry as aforesaid, this Leese shall terminate,
and the Lessee covenants and agrees to pay and be liable for payment of the rentals and
Other charges as if they were, Order the tenor of this Agreement, to become due if this
Lease had not been so terminated or if the City had not entered or reentered m aforesaid,
less arty sums as may be recovered by the City by vhtue of its leasing the demised
premises to a third party.
ARTICLE X
IMPROVEMENTS
Upon nomination of this Agreement, by normal expiration or otherwise, any
improvemmis, structures or favored property erected or located upon the demised
promises by the Lessee shall become the property of the City, to be disposed of in any
way as it may deem fit.
ARTICLE XI
NOTICES
Notices to the City provided for in this Agreement shall he sudreimt if sent by
registered or certified mail, postage prepaid to:
Edward A. Barren,
city Manager
Bangor City Hall
]3 Harlow Street
Bangor, MH 04401
Out notices to the Lessee shall be sufficient if sent by registered or arfifred mail, postage
prepaid to:
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William A. Cox
Bangor Plant Manager, Steam Turbine Manufacturing Department
General Electric Company
534 Griffin Road
Bangor, tiIE 04401
or to such other respective persons at addresses as the parties may designate to each other
in writing from time to time.
ARTICLE XII
SUCCESSION 8. ASSIGNABILITY
A. All provisions of this Agreemem shah extend to, bond and insane to the
benefit of not only the City and the Lessee, but also their successors and assigns.
B. The Lessee shall not encumber, mongege, assign, sublet or otherwise
header its interest or any part thereof under this Agreement without the prior expressed
written consent of the City.
ARTICLE XIII
Failure on the Pan of either party to complain of any action or von -action on the
Part of the other, an matter how long the same may continue, shall never be deemed to be
a waiver by either party of any of the other's rights hereunder. It is covenanted and
agreed that no waiver at my time of any of the provisions hereof by either party shall he
construed as a waiver of my of the other Provisions hereunder, and that a waiver at my
time of any of the provisions bereof shall not be const uM at my subsequent time as a
waiver of the same provisions The approval by either party to or of my action by the
Other requiring consent or approval shall not be deemed to waive unnecessary the
required consent or approval ofmy subaequent or similar action by eitherpmy.
ARTICLE XIV
INVA MrCf OF PARTICULAR PROM IONS
If my term or provision of this Agreement of the application thereof to my Penson
or circumstances to my extent be declared invalid or unenforceable by my court of
compefevtjurisdiction, the remainder of this Agreement, or the application of such terms
end 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 shot he valid and be e moreable to the foiled extent permitted by law.
ARTICLE XV
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 third party in
construing this Agcemvrt Nothing contained herein shall be deemed or construed by
the parties hereto or by any third party as creating the relationship of principal end 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 XVI
GOVERNII•IG LAW
This Lease Agreemeat shall be governed exclusively by the provisions hereof and
by the law of the State ofMaine, as the same may from time to time exist.
IN WITNESS WHEREOF, the parries battle have set their hands and seals the
day and year that written above.
CITY OF BANGOR
a
Witness y: EdvaudA. Barnett
Its: City Manger
a