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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 `U DBPPP[ C CLBBR # 02-365 O RDeR (TITLE,'dathoria g the City Mava8er co treea[e a Per eswot - ::Here a ectri Co au AWgn: M CounCila —F5 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.. 02-145 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 02-165 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 02-145 (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: 03-145 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