HomeMy WebLinkAbout1999-10-25 99-348 ORDER THIRD AIVIENDMENT TO AGI2EEMENT OF LEASE
This Third Amendment to A�reement af Lease, �xecuted this �-�" day af r�",, ��,,� ,
2019 by and l�etwe�n:
CITY OF $ANGOR., a municipal carporation carganized and existing under and by virtue
of the laws of the State of Maine, and having its principal offices at 73 Harlc�w Street,
Ban�or, Maine (hereinafter referred to as "Lessor");
BAFS, Inc., a corparatian or�;anized and existing under the laws of th� State caf Maine,
and ha�in� a re�ular place af business at 61 Florida Ave., County af Penobscat, State of
Maine (herei�nafter referred ta as "Lessee°')
WIThiESSETH:
WHEREAS, the City of Bangor is the awner of an airport commanly knawn as "Bangor
Tnternational Airpc�rt'°, farmerly knawn as Daw Air Forc� Base, lacated in the City af
Ban�;ar, Caunty of Penobscot, State of Maine; and
WHER.EAS, by Agreement af Lease, dated April 19, 2Q 10 the parties agreed to lease
buiidings#266 and #268 and a parcel of land which abuts and is situated between such.
buildin�;s for the pur�ases of operating aty airline catering and food service facility; and
WHEREAS, by First Amendn�ent of Lease, dated September 26, 2Q 14 the term of the
lease a�reement was extended tc� December 31, 2019; and
WHEREAS, by Secc�nd Amendment of Lease, dated Ivlarch 27, 2018, the cost af el�ctric
utilities was adjusted ta Lessar responsible for up ta a maximum periad of 12 mantk�s;
and
W�-3E�EAS, the parties hereto wish ta amend said A�reem�nt of Lease.
h1OW THEKEFORE, the parties da rnutually a�ree that the A�reement afLease ciated
�►pril 19, Zo�o, as amended September 26, 2014, and as amend�d March 27, 2018, �e and
hereby is further amended as follows:
ARTICLE XVII - UTILITIES shall be deleted in its entirety and replaced with the
fc�llowing:
�RTIG�L,�E �VIT - LJ�TILITI�E�
Lessee shall pay the cast af all utilities furnished and cc�nsumed an the premises,
including electricity, �as, heat, water, and sewer user fees, provided that, hcaw�ver, far the
periad af April l, 2019 thraugh Septernber 30, 2019 Lessor shall pay of the cost of
electricity (six (h) man�ths of e�lectric bills)not to exceed $9,000 per manthiy billin�;
cycle, Lessee ta pay any remaining balance in excess af$9,000 fc►r each billin�; cycle.
During this six (6) rnonth periad Lessee and Lessor shall meet at the end af each rnanth
ta review Lessee's current casts of operation. At the expiration af this six (6) rnanth
periad, and under terms and conditians mutually agreed upan by the Parties, the Lessar
may agree ta pay the cost of electricity for up ta an additional six (6)manth periad.
Lessee accepts all utility fixtures as they now exist. All new utility fixtures shall be
installed and rnaintained by the Lessee. Lessee is respansible far all snaw and rubbish
rernoval.
THAT except far the foxegaing, said Indenture of Lease, dated April 19, 2010, as
arnended September 26, 2014, and as arr►ended March 27, 201$, between the City of
Bangor and BAFS, Inc. wili remain in full force and effect in all other respects between
the undersigned.
IN VVITNESS WHER�EOF, the part�ies hereta have set their hands and seals the day and
year written above.
City af Bangar:
�� ��_ h.-.,..,.� ,r�''
Catherine M. Canlow
City Manager
BAFS, Inc.:
�,��,,.,. � �� �'�,.
Allon Fish
President
Couocil Actlon
Dace ocmbe� 2��gg5 � I�emNo.4g3qg_
IteMSubjecC Lease Agreement with BAFS, Inc .
ResponvibleDepartmeut airport
Commen�ary'. xhis lease effectively combines the AimponG ' s
food operatims into o e lease � with BAPS� Inc. eupplying
food products� to �bo[h- a and passengers . It i
important £oi the stabilitp oflcontinued airline cateri�g
aT sIA, partiwlaily with iespect to incernatronal
flightssthat guality food s ailable . This
consolidated lease will achievecthateresult
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99-J48
Auigned to CouncJor Crwley Octo6er 25, 1999
_ CITY -0F BANGOR
Q�T�.) VtlC11PT�__Authonizing.the.City..Manager_aw1/.oa.Ai.rparG.�irector
to �x.acute �a LeaseEqreese.ntwith.9angoc.Asslatxw F�e�Sezvicea.. ine .
(BAeS)
Bv tbs Ciry Couriei( o(tM Ciry olBaryw:
ORDF.RED. �
THAT Ehe Ci[y Managex and/ox Airport Directoz be authorized m
� wte a lease agie ent with BAFS� Inc 1ng the of �
� Airport buildinqs A266 and q268 and the provisionnof food servnces
to ai;lines and passengers. �
.
�d �:� �o�,��� ,
Oc[aber 25, 1999 . 99-348 . . _
Passed
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