HomeMy WebLinkAbout1989-12-11 90-22 ORDERwum� Maims
Dau 11/29/89 ItMn Na. 90-22
IMM/SubjM: Authorizing City Manager to Execute Lease with
MEPSCO, Inc.
peapomiMa Depmtmmt Legal/Economic Development
Coinn®nury: -
MEPSCO, a Company which has been operating in our incubator
building, is expanding and wishes to lease all 7,200 square
feet of space in Building 269at the airport. The item will
be for five years and will begin at amonthly rental of
$1,098 in the first year and at S1;860in the final year.
In addition, the Company will'a a the full cost of heating
the building -- estimated at $129000± per year. Employment
is anticipated to increase to 20. This is a new
company
which has made a good start and we recommend your approval
of this action.
rHnd
Manager's Comments:
This has been reviewed and approved by the Community and
Economic Development Committee.
CirY MarwO
Associated Informawn:
Order lease
Budget Approval:
Figaro '
Legal Approval:
Cir salMrw
pW For
maege
First Heading Pope _ of _
eforral
90-22
Assigned to Cassaba Sosnaud, December 11, 1989
CITY OF BANGOR
ami) (Prbtrr, AnthR 1R]ng City Manager to Exe ute l.eass,
By the City Cmenal oftU City of Bangor.
OEDEEED,
THAT WHEREAS, MEPSCO, Inc. desires to lease Building
No. 269 at Bangor International Airport from the City of
Bangor and the City of Bangor wishes. to let the same;
NOW, THEREFORE, he it
ORDERED,
THAT the City Manager is hereby authorized and
directed to execute a certain Indenture of Lease with
MEPSCO, Inc., a copy of which is on file in the office
of the City Clerk.
1
A
nn
In City Council December 11,1989 90 D
Passed d R D E RI ty
Title,
ff .iv i
Authorizing City Manager to Execute
C¢ y Clexk
Lease with ME.TSCO IWC,
i
Assigned W a'- 5
MOU
TAIN OF
TOM at.ee., �., Gait. In a.o..e,te, thin
day It, bely CITY OF %Ammr A Lady Pa"tic am
I III I'll Of the State It Fail,, Mer
Malf AT Ill
privaine Offices at 73 Verim Hermit DAmOry
naetee emetiAND nEet[M to ev
mill")
AN a
Minind am,, the lall of the FROM Of Hall',
am paying it, "illip'll Radical if Header,
WERNme the City of balbot it In' ovall It In alemrt Coolant
LIMA an 'ALCOHOL lht*Mltiln'L AiNpIlt-, fOrrurly A.. .. III All I'='
HALT, Ind IIIItld In IRA City If INTRII, County Of
MALAY IneaWfnumm nl
e eat(v Minted ee the tpet aet•I t M bell, If
Ambient Mesa@ temple t, I... colf.i. FTMiA*S at the AiLmal
fall Operation of an Ond"t,ln, plant,
PREPUses
idqration of the Mail to in
aid &Ad
hrehy nia(ir lbe C A LOSIOr. In am in ung eMM'mkI III
aP
:'ie:fWG; ae"0lined t. PMMnt oh.,A,. eead7:Yud, '
.a..t. . t e Ct€, etleader. . ,l
MAY
TO HAVE An AN HOLD lhF Hallam pianni'll 'It' Fly LF.... Me
munabIr 30 , Lane.
Cowe,7471ft OF ANNUAL RENTAL
A, alve Mat To b, paid by tested to Latest noting Me I'M If
Nle 1111, shall gre Socialist to rhe feuwl ame91090/meneh
FootwearDICAIMI 1, 1989 — November 30, MiC
Manager 1. 19RO — 00/wvth 91910/mnM
Transit, 1, 1992 - glaradmanor 30, 1953 91630hahth
December 1. 1993 — Ymseetee lo, 1991 91060/wvth
no IM", hall he" first Until, to attend this lease for an
additional five (s) year,. If WWOMMIa to Use Close a rate Shall M
negotiated. The La.M. hall Ways the City in Writing Singer 1901 days
prior to termination of axis lease a, to its interest to extend.
I� Ron' halt be paid monthly 1. adeven.ey . the first far If "In
.ad every Merge III,"
print demand therefore in rtuhl �Wendy
"dregs of the larseare an set torte eastern or at Both other reasonable
places 1e astso1 rM designee'.
, toasts of � h nal�c
S her poor When dUer any ago all taxes
MMMmMtSt fees or dIMN Me term 1,11119, 11 Sam IMMaill If the term Stories
hf 1sY
governmental lethality
therefore. ", edge P1111"I prWerty, IwMed Morris. Le.... f.Mftr &ore**
that it does hIMSY ..in. say and all fights tat Persuaded M orecretion
grow, taxation on the Stanford Promised, Or I"""' 14,114hIld Internet
thervi.
11
SW Persemtep boosted ingrain; Foraged, awavalle Withing herein
,hall 11 any many Mimitthe
led to Contest the amounta Of SM!, taxes, 11111gre tights. Or MIS.
Ame IV
A. Loretta hall have Me fight to Mae OIIISPY and "Intel' the
deveread prame Madrid Island 11 a reMnably businesslike, Careful and
an industrial mUfMtUrMg Plant�
go retail sale of proes"t, of Martin, 'hall be conducted ore the promises,
B, LrMM Shall not ". ,vagover or maintain aid prescri... is My
Owareagnal or to violate any Shrivel, role. federal and 11 vegetation. In M Tricolor, inhalations of the Federal Aviation Adim, , UMIMIcan Might"
D. L11111, through It' I9IItI. hall have at all reasonable free,
to,thelight, 1;ml reasonable notItleaticas to the LeaUeet to NO on and pra,"as with an authorized representative of the aneseer And
E, Lesse, shall have the right to make alteration. WA]
written functional of the Airport beeves' 'Inch SKAII net Nothe prior
No Out a" As use structer.1 vAt.gr,tf IC building NO, 269 Nor dSCV9aS4
its functional quality Or value. and further provicked that any such work
,hall be dern. entirely .1 the Interest 9 OVA &XpymS* Ind] Will include
returning diardret*d art.... to A 111,11111,11 Ind Incentive candili...
p,t1ithItl2ing the foregoing, re, ... a h.1i not he" the eight to
p1smill, lithIlt the IIplIIIId Litton ,,,,It If In. I ... of, I'll unclear
Plus remnllderOtiOn of any Other applicable ..Ili*.
Of thin Agreement;
2. C .. Ichernsion by lesson Another it Clear Will 1h,111 at
licensor of,ft and I*AS9 the
..R;the I.ProallIt. Should
""or Alternate, that It III fill,", .A and lease the
An expeditiord menifter, Should Labor determill It .111
1111111rablor withhold it, ,..a.' for Lee'.. to rewrite
for its use Improvement, None congent seat be Intailld
by uses" in writing,
Any Additional required parking areas added to these already altering On
the 4eMi,Ad Will be construct" by the Owns" It III own Iowa,,
In rentornmence with "real Standards
Apas the °ri1o1 �.,... ,:
COnstrUCtion to be u.
Airport Manager Whichach
,hall mot, a ......nY....°
ro i
Q, LOSS*8
all
n With
and utilize in* camp area cont M leas., promisee .,r Ing...s
(A� If" Insurance, sser Mall keep the building herein leased
meq:
ondovs,,ents In ArMenty hot less than 80% of the full insur,SX, .,I"
thereof b.el In' firedAtick Wells, I'llulill IS I'S high risk 'present.
q
LOSSOO16 Me Of the Prominent Saying that regain 14111 1, IIIPO.aible for
cout of insurance 00,6110 Which IIVyMIIL9 rho portion Of to* CLtYhS
In the event *S Me Of in* PrUciStS is Mgzy9d to am "targets Or
provide and par the ,It, Of
SIEtried With the
airport Manager and attached to this 2*aaeo along With indieffition that the
really IS 11 Iddl1i .1 inlIIId ill,911 11 to, bvnall�. interest In
invelvea. delay, by If,, n .
if
ran damage is so extensive me M amount practically to rho total
destruction of Such building this lease Mall "age act the West Shall be
,ppIrti'mol to the try, of My d�e, In Ili M.; ..I.. flavor hall
.ullarle. to, repair of 01 Mall, With rlllMIbl, i6pMCh and if to*
damage he, MIdIlld the 1,,Mg reop,,ty at .... table in Maly ., I. part
there Mall be an apportionment of tk4 rent until Sam daemon hag book
realized, Me foregoing notwithstanding, arguments, the kagaor $hall Out he
Obligated to Ixylld an am ... t E lou SOMIgh Up kronor of money great.,
than Me amount of money La .. r ori .krunt of the applicable
(B) times during the rare of
thin lgzmz� re fl
In* LOSS" at all
Up r public liability Older"" With I roughly
,Start ... I to do bulilIll in the Stage If Maine IlaUring patch the talent
.ad the Sol I
,deviation andy I" 111 2111 11 Illill ruling let It the
LMlIe'. . Me detailed
1111 11 11Y 'It or
mission at the Lecouni Lee MenMj Servant,, m limitsefa11 9500 llitleS. Soon
(noun
or video go Icy Ine Sailor .
My one 11, door NP9m
reBeenaa the right to resign those MInImuni MqUired MMSt9 Of insurgent
this agreement and rWqUirO i,CrMS@d
MIRImpuna it it ie m qeach five Obese Upon the date 1u e
insurance eaqu rwm1tI Mall M inen M Keaon ® Issues 1n Writing rule
AdUtCLE VI
child Claim$
fie haposea specifically If"" to make no claims In any to= for
delays, o, "too ... want, to the be .... . to the United Star., Goe..norall
to, any or ... SI.UItinj form "Me g1l"It'd from airport I'll.
ARTICE2 III
image shelf glamor, defend .11 liabilities, S' it.
;t Aned
Staining Or mi hold theall. a'ovn611ya 'o
IV almighty.
,dI he
man
thereo
f any Sahara hatimm" Orin no out Of or haidont,
Re eeMu e/
eVev the MO. or oreepancy of the logged Permill' of
the auto Or Mimi0efte Of imam's Offlmc3t agents' amd'emsy
the InjUey , death, or damajo my mine, Slide' 11:h Injury. Sells. 11
signal it 'aUted by the Unit legitimate If ill' IA val The mIlIr 'hall
meriting
auevwe me anpieetion m eat teeeirotten at mtOut it, bir rings harremedear, The porlisireff Of eaµwm..iyte 11
let knowingy NONDISCRIMINATION
nAlebew If evaone to aReagan'w
Reagan' etnttod a lar anginal my pe
m (e) Tha
l, me Slalom, as , par, It the Im.rdOrAtiOR
land
thaemeeall
ti l,omissiew eagen in r • h I an
US them loparticipation in, Veiled the burette 'fr novestructlan of 11 So othlosill
the
Solidness to dimrimn.ti.e. in the Una Of said tmilitics'
m I'd the
f1mahil; If SRI to denied mine. ae
aubjea national Origin Shall US "aled fr. PArtiCiPatl6ft in�01 met thl
nta
hthyll "I me Russian. in .�th Ill Otherisolateda
DepuEtionat of Tr&nlplltltiOl, Subtitle A., ChEirs Of the Sell"I'lly. I'm
IIeidne aleebv my at Wounded. Title Cb¢ eight, "t of 1961,
a
(Cr
in x clumnifts, means Shall be" Lot right to terminate the
even,
and hold the ease 49 it Said lease had inner umn ends Or immAd-
AVICLE IT
IOURNAVIS OF QUIET BNJOMENT
permit Ott the eggs, Won mourning, tanning] ad p,,feginj Ill the to eve
and poloist... Of the bate on it, Peet to ae .learned, kept and
S, hall A ..... PIT and quietly bay&, hold. 1111py, arm
en)oy� a v;tpwt MnartaMa at
MJwtbn by the Veear qr Any Other Per%Gn,,
ARTICLE A
Ll M
l qOp Cy [ ae LASSO* Ali" the' I.lh Pill prundently e
harge
lel
which liflaU may ISLAS Art of lay Patient del for lObOC, SArViOWS,
ARTICLE RE
MAIRTMAwCE e REPERIES;
hi111',, 10,11, It III got* exPense, throughout the rare A A AS A tC&aU&Ity and CORAOPOLIS Star and funds &S PdTvidOd for in thin Aqlammuntm
It Pat, Ill "IOM, LISP I'd maintain the demised proof,,, L"I'di,; III
interior a A Interior pOttiOAS Of Lee building loan LOS On the Peadmi"A,
... far,,, p,,ARmI '"Ad. gri'mAl, red Leon ... nine, I, good rd" 'AW
CspPiro old In tenantable Smitil., SEARS by aCCidentAl Eire and
LOSS" Shall pmvlN for emnrsl of gnat nM mhEOh from eM -
prmYe. Mm
M The
.. -yA1l.nAbI4 may and fear' blue it PemIQ.1Ph A If
,,.ItIIId to gj�ft *X"ptiaft to EPA obligatlans at In* LOSSOO Shall not lar
due of be no ... 44111,y far retarding Repair' of
A routine ad nodular ..Lure Stick may from time to It. ra A ...... AT, Sir
to provid, ,I left&=@ to the trained brOCAS*S of a nature and their"
pnil"Plirl, All Shall try Intention It sE*CIO1 Pmoti,ion be thin
vwla be required he car" Set
ARTICLE KIT
UTILITIES
Eaton, hall Ply the coal of all tb,E
a. the damil.6 pramiIII, illIldin; IlIltliliLy, PAR, name, later led 11111
ARTICLE Sell
UNITED STATES ARCTIC
It Is undurOtood and 1greld feet fill' to IRA 16ASOd PrialAus in
11 the City It Annual. prollded, howeAll, the' the Intend peratimae Are a
part ILY Addl
eyed
any hall ad,, Any 119.11til., I.., deed or the, �n AllMile" r1l"I'Lil"I Ailt0dit And then 11111 1' otment I r
to the leaned PrASLAOA and Am? AyArciSO it ISEERS to 'aid
Value a
rights Shall not be considered to result In a breach by in* ,gallant 11 lu,slue.t US .... War. IA like .�Ant the, like dtit,
Marine or any agency th ... R .. Ali.. cry ... No Tight A right*,aid p ... I .... .. 4 the *Selling of such right or rights makes ,mp::Or to
LAWS** Abaci head ea"nn sped
without further oblig,tic, to t1a, Tenant except for ouch obligation, no
,hall In... b... Incurred *no accrued prior to th, of said option,
In) The [boaar hereby representH and warrant. they It San t.k., "
andal ultra SO "Whites aftftf All St&t6� local
and Federal laws the execution AT regulations
regular �s twhats"y*r for the purpose of iAuthorizing
syr
11 the Sort OF the City of B.nQ*r and I. and Will A ... I. duly ..forculable
I. Ill IF It. ters. .0d AdnAditioftS Agai..l In. Im.A.F Turing rho LOM &Ad
all GXtIelvnrlam t rvy[ry
plI11Itl III 11I.ntI that .1 he. tell' Ill
"11
nallthorize the exboatio. OF rnawer
deud of the LA1686 And I' Ifid will callil fully *�FOMuftblS it Ill If it'
paress; and conditions against the Legage,
ARTICIR SO
MINENT DOMAIN
e
balance (Whenry MI Unouirabde for the pUrphown, of Laa..O ."It
II.dI.n1ting 11 light It
v
notill to the Lennart hall be ttl thin 111". groviddd
ine
that such not.nn a slon Within vYA1, 111111 IP11 Written
ty (so)rday' Iftev the date at Such
(2) Should say I'll If the decided prearmia*9 be So taken Or canditmened
And Attend laid IOASO Out Age Fulminated in accordance With the foregoing
coodemnation to "Store the bui2ding AT Which the dMilld plastics, ISO I
pa AT to AS marly Its like Condition prior to Such taking As shall be
p ... ti,,I. Cut of any Award fur any taking of the deals" prVoineat
Tenant shall As entitled to "below CUSCAAR&tiOR for its lSaSShOld
eVent of any Such taking Of the
pretiaes, he Anne, Or I Fair "a 'll ng to the
occurs ad Intent It the davad, Outlined bell be blind.
ARTICLE FIT
TERKINATION
la It az revenant" and agroad Mata F+✓ t
prodd of ..., I. h .,.rine., days after rmsedat Of written netdse thereat
2. If the Image, Shall collect Or felt to perform or observe any
Of rho Codes COV*ddAtI, table 11 11nditilen, on Its pact to as performed
fault IM11 Continue full thirty (30) days after
"IlLpt If
em
otice thereof by in' fell" I'd I""' lhlll but
toy, ftdy� ens en enhtcreaa'Sh: Such '.eft
estate ta„h:;.a,.natise bI
Ither VIIIIII It bull 1.
A. 19 th, banned Shell ad "Clause Camisole " Insolvent
,Conflict to I'll 11
5, It any ASSighftesAt Shall no Made of the property of Cho leaned
for fee benefit of Creditors; Or
6. If I llllilll.
ies 11
harge of
111 11 any Ib.t.1111 Partbankruptcy Or Other similar the te..e..s Aball prophecy `Other wesetent
7. if I Politics Shall S, filed for a reorganization of the
sem,, ad,, preft,Sioll If the palklIptcy, IL now 11 hlIIIftIr Inalted,
8, If the Leaves shall Ill. . VItitill par Sold CC
for arrangements Older any Dr,TiSIOR Of the bankruptcy net Cry Or
bulletin' allied 10 prorcidi.9 . plan for A debtor to
Settlex
fy or
.9 the
benefit o. deent ., „y:.y netenhsay :ret ,.raw. t
he
lso as
gins:
Pact th, ... I. in thereafter name of the hall She Is the LISSOC'S through Or Under r:eKiyii i,Ith,,t 1." 11 rotics, later into and Upon the old tallish. in
Called guilty If Iny Mlllr If Internal, 114
n5•e
luent„Mae, It "It or P,Wedi.9 breach If counsellor And up” ,toy "
aforesaid,
to ply old ablU Ids liable our the days Originally filed herein for thfl
,the, hard,, Illerared I. they 1011d. Old" the term' If thil I'll.,
sacence due if this image has not Seen terminated Cc, If the III,,, had adds,
entered Or by�nt*f0d " afore"ido less any Includes VMC*i"d 09 rant feel
&ny rveeel Blvieerene. i
t 19 further enchanted and Spread that if the Lessor
,,Cl,,t CC fall W perform or Centocor any Of the C=Gn&ntg, tells add
oondltion% On Its part to IS aluall (30) dean Ifter recalls Of written nOtict
yerformed act cf,SSrVedF a" Such SnIoUlt
' Y
em.q o terminate this
yve�nthWithout mumsv Indication to the ozone.
ARTICLE sell
Failure an the part me the re ... c to complain of any action Or long be HAN, MY
;byt I am
twol..F If any It
.°;:l2m.19 ed 'hot 11
waiver At Any time M any of the provisions hereof oball Are Ad dealers"
at any .Apaq ... A if. of the Same Promigiliftel. If
>roe.lor of Shall .. en d, hey antcc similarapirtuoanner .atm he.,.,..*claimed as M Waiver of Any aE the to. Provisions heassuadOry and that -
aan.ent ,r
ARTICEAT XVIII
Notices to the recall parallel far it thin Free, bell Bar lIfEill"L
Lf sent by registered or martiBiOd mail, return receipt Isometric, ;mmstadl
pllp.pd 10 city If Barrel, City Hall, If Harlow street, Bangor, notes,
044010 I'd recalls to r,.aaa, are ad be at by registered Am "'tin'o
IF.— P. 0. ANN 162s, Marine. Maine 04401 or to such the, l"PlItial
addressed .1 LOS Parties may designer. to ,an the' I. Writing Iran time
ARTICLE HIT
INVALIDITY OF FARTICULAR �ISIMS
tell AT statistics of this Imase Or tits tioa in invalid or
.,e.
Mepreamm'd" lir,undoll"I to saw extent, be
rawain A of this Lease At the Application my such terms &Ad
PrAViSiO,S to parsons or circuffigtaneea other than these I. "ran it Is
held invalid or unenforceable Shall AOt of affected
aand prodyg Isiah mint eataae f thin
inmlose. hal be .,lid and AN en[eaa.ama to the
ITTICLS Ad
,age .... I Illy, e 4 notThe holdings appito t aoaaideted 1, enamellingthin uu
enconstrued n .. .M
at
he Putting
t q 'ay third Potty, e11 cr v t .l
and "act
A ... W, It Aside underrated And Agreed that neither rho Hotbed OF
V,pat.tb, If AS., 10, another go,1111. I.t&inAS1 herein Or Any
of the ar,ax,, reamplard th n
the parties hereto athAr the eslettwuv as landlord and Ascent.
by the Shall rahmin the Protests Of the to ..... . ad the tomm
,hallthirty ^(III°i
In the Puerto to* LOSSOC elects to blame Sold legagolembelt, led that
1 at the I..�Ilt If thil Imm& Ordinary
Star and tear and deleteProblILY am 11 lenoved Within Said thIrm (30) days shali battle the
prometY of Am LOSSOI to AS di'Publed If it Imh VOYS 0% It mty date fit.
pmomoval propelty, the Roentgen herein leaned mall he 11tlrIm! to 11 call
25 ponalible Its ComItIn by midentat fire et ether unealty exeapt0d,
the Ill provisions of this lost. bell ..'am 11, bild am im" Its
bm e W the areae Out Will their their
imm.'t'. m.....xe and ... line.
lys,
transfer
.t tine rested[ t.. rt then under this tease Without the ,rice
ARTICLE Wertz
ACCESS TO PREMISES
red street% aurvi.9 me island Precious Pursuant be the rules am
,:R`I .areas Within the Rallied mentil".
This lose* Contains .11 she formally And CanditiOng between the Partial
Shall Re
11111. 1..erhfmParent am no end Signed theess ,art,Or a,a.mtitlori .hm ta.atd®rm st
MY he
GOVERNING raw
�
h, tIf the Stat. of Maim. ,e the ease m, free 'I" to this
"°
UGAY
ts And wargOntg that It hag taken all
:, : ndnw:�: eh:.:;
by the ,, .e.. she e."Itill If ty 161, the ,,,thi111 , .,..,,,.".,,,,,.hat the 11, 'forSIST a slid .,I ,. ,.,thiing of .,,
represents rad SIIIItI that it Ann take, III
11111 I'd IdINII IA.A ad
that GXO*Utibl 9d this nm. AT
the If „r9e....,�."." ,a. e...,.,,..,., by the
I,.... And LEINSI both 19111 'It to Called tell le,111 how,w*r, upon
,el"It 19 lithere the other $Sell OXeCUt* and deliver 0 nation Of this
IN'" it IeIIIdIbII is=.
TK WITNESS WMERSDF, tles "Tried hereto he" Ill Their hand, and seals
the day and year written agAn",
WITNESS cm or DANGOR
It, City MI"Wer
I
INDENTURE OF LEASE
THIS INDENTURE OF LEASE, executed in duplicate, this
day of, by and between:
CITY OF BANGOR, a body politic and corporate
duly organized and existing under and by virtue
of the laws of the State of Maine, and having its
principal offices at 73 Harlow Street, Bangor,
Maine (hereinafter sometimes referred to as
Lessor")
MEPSCO, INC. a Corporation duly organized and
existing under the laws of the State of Maine,
and having its principal offices in Bangor,
Maine, Penobscot County (hereinafter sometimes
referred to as Lessee)
W I T N E 8 S E T H;
WHEREAS, the City of Bangor is the Owner of an airport commonly
known as 'Bangor International Airport", formerly known as Dow Air Force
Base, and located in the City of Bangor, County of Penobscot, State of
Maine (hereinafter sometimes referred to as the *Airport'); and
WHEREAS, Lessee desires to lease certain premises at the Airport
for operation of an industrial, manufacturing plant.
NOW, THEREFORE, the parties do mutually agree as follows:
ARTICLE I
PREMISES
The Lessor, for And i sideration of therentsto be paid and
the obligations to be performed by Lessee as hereinafter provided, does
hereby demise and lease unto Lessee, and the Lessee does hereby take and
hire, upon and subject to the terms and conditions hereinafter expressed,
the fallowing described property, In its present physical condition,
situated in the City of Bangor, viz:
Building #269 at Bangor International Airport and land appurtenant to,
and further described in Exhibit A attached hereto.
ARTICLE II
TERM
TO HAVE AND TO HOLD the demised premises unto the Lessee for
the term of five years beginning on December 1, 1989 and terminating on
November 30, 1994.
T
ARTICLE III
COMPUTATION OF ANNUAL RENTAL
A. The rent to be paid by Lessee to Lessor during the term of
this lease shall be according to the following schedule:
December 1, 1989 - November 30, 1990 $1098/month
December 1, 1990 - November 30, 1991 $1200/month
December 1, 1991 - November 30, 1992 $1410/month
December 1, 1992 - November 30, 1993 $1620/month
December 1, 1993 - November 30, 1994 $1860/month
The lessee shall have first option to extend this lease for an
additional five (5) years. If agreeable to the City, a rate shall be
negotiated. The Lessee shall notify the City in writing ninety (90) days
prior to termination of this lease as to its interest to extend.
B. Rent shall be paid monthly in advance on the first day of each
and every month. Lessee shall pay all rentals herein required, without
prior demand therefor, in lawful money of the United States, at the
address of the Lessor as set forth herein or at such other reasonable
places as the Lessor may designate.
C. Lessee agrees to pay, when due, any and all taxes and/or
assessments, fees or charges of any kind whatsoever, as may be imposed
during the term hereof, or any extension of the term of this lease, by any
governmental authority upon the demised premises, including Lessee's
leasehold interest therein, any buildings, structures, or improvements
thereon, or any personal property located therein. Lessee further agrees
that it does hereby waive any and all rights or privileges of exemption
from taxation on the demised premises, or Lessee's leasehold interest
therein, or on any buildings, structures, or improvements thereon, or on
any personal property located therein: provided, however, nothing herein
shall in any way prohibit the Lessee from exercising its rights under the
law to contest the amounts of such taxes, assessments, charges or fees.
ARTICLE IV
USE, OCCUPANCY AND IMPROVEMENT OF PREMISES
A. Lessee shall have the right to use,
occupy and maintain the
demised premises herein leased in a reasonablybusinesslike, careful and
nonhazardous manner on account of fire for the purposes of operating
an industrial manufacturing plant.
No retail sale of products or services shall be conducted on the premises.
B. Lessee shall not use, occupy or maintain said premises in any
manner as to violate any municipal, state, federal law or regulation, and,
n particular, regulations of the Federal Aviation Administration relating
to the operation of Bangor International Airport as a public airport.
C. Lessee shall make a good faith effort to inform its employees
and visitors of the rules and regulations of the Bangor International
Airport and shall cooperate in every way with the Airport Manager to
insure that such rules and regulations, particularly those regarding
public access to runways, aprons, fire lanes and other areas of the
Airport devoted to aeronautical uses are obeyed'.
D. Lessor, through its agents, shall have at all reasonable times
o
the right, upon reasonable notification to the Lessee, to goon and
inspect the premises with an authorized representative of the Lessee, and
the right of access to utility systems located on the demised premises for
the purposes of maintenance, repair, correction, or inspection.
B. Lessee shall have the right to make alterations and
improvements to the premises as it may choose, subject to the prior
written approval of the Airport Manager which shall not be unreasonably
withheld, and provided that such alterations, additions and improvements
do not weaken the structural integrity of Building No. 269 nor decrease
its functional quality or value, and further provided that any such work
shall he done entirely at the occupant's own expense and will include
returning disrupted surfaces to a serviceable and attractive condition.
Notwithstanding the foregoing, Lessee shall not have the right to
construct additions, expansions or free-standing buildings on the demised
premises without the expressed written consent of the Lessor, such consent
to depend on the following:
1. Renegotiation by the parties of Articles II and III,
plus reconsideration of any other applicable section
of this agreement;
2. Consideration by Lessor whether it first will choose to
finance, o and lease the improvement to Lessee rather
than Lessee financing and owning the improvement. Should
Lessor determine that it will finance, own and lease the
improvement, it will proceed to negotiate with Lessee the
applicable sections of this agreement, and to construct
the improvement to meet Lessee's general requirements in
an expeditious manner. Should Lessor determine it will
not finance, own and lease the improvement, it will not
unreasonably withhold its consent for Lessee to provide
for its ow improvement. Such consent must be obtained
by Lesseein writing.
Any additional required parking areas added to those already existing on
the demised premises, will be constructed by the Lessee at his own expense
in conformance with normal standards utilized by the City, such
construction to be carried out only upon the prior written approval of the
Airport Manager which shall not be unreasonably withheld.
P. Lessee shall have the right to (a) fence, secure, grade and
surface the demised premises; (b) install such additional outdoor
lighting, including flood lighting, as Lessee deems necessary, provided
that such outdoor lighting complies with applicable P.A.A. Regulations,
and the right to (c) erect signs on the leased premises, provided that
such signs comply with the City's Sign Ordinance and applicable P.A.A.
Regulations, and to (d) store material outside the building upon the
leased premises provided that prior written approval of the Airport
Manager for specific storage isobtained, and that Lessee erect a suitable
and attractive fence or screen to hide completely such material from the
view at ground level.
G. Lessee shall have the right, in common with others, to cross
and utilize the ramp area adjacent to the leased premises for ingress
purposes only.
ARTICLE V
INSURANCE
(A) Eire Insurance. The Lessor shall keep the building herein leased
insured against loss or damage by fire with the usual extended coverage
endorsements in amounts not less than 808 of the full insurable value
thereof above the foundation walls, exclusive of any high risk incurred by
Lessee's use of the premises, except that Lessee shall be responsible for
cost of insurance coverage which represents the portion of the City's
regular insurance coverage which is deductible.
In the event Lessee's use of the premises is deemed to be hazardous or
high risk, Lessee shall provide and pay the costs of such coverage, which
shall be evidenced by a Certificate of Insurance to be filed with the
Airport Manager and attached to this lease, along with indication that the
Lessor is an additional insured insofar as the Lessor's interest in
involved.
In case of damage by fire or other casualty to the leased building, if
the damageiextensive as to amount practically to the total
destruction ofso
such building this lease shall cease and the rent shall be
apportioned to the time of the damage. In all other cases Lessor shall
authorize the repair of the damage with reasonable dispatch and if the
damage has rendered the leased property untenantable in whole or in part
there shall be an apportionment of the rent until the damage has been
repaired. The foregoing notwithstanding, however, the Lessor shall not be
obligated to expend on account of such repairs amount of money greater
than the amount of money Lessor receives on account of the applicable
insurance.
(B) Liability. Insuran The Lessee at all times during the tens of
this agreements 1f Tntain public liability insurance with a company
authorized to do business in the State of Maine insuring both the Lessor
and the Lessee against any and all loss or claims arising out of the
operation of the Lessee's business on the demised premises or any act or
omission of the Lessee, its agents, servants, employees or invitess, such
insurance shall afford protection in minimum limits of $500,000 for injury
ordeath to any one person, $500,000 for injury or death arising out of
any one accident and $100,000 with respect to damage to property. Lessor
reserves the right to review these m required amounts of insurance
each five years from the date of thisagreementand require increased
minimums if it is determined by Lessor that economic conditions require
higher minimums for adequate protection. Notice of such additional
insurance requirements shall be given to Lessor to Lessee in writing.
NOISE CLAIMS
The Lessee specifically agrees to make no claims in any form for
damages or reimbursements to the Lessor or to the united States Government
for any reason or cause resulting from noise generated from airport uses.
ARTICLE VII
COVENANT TO HOLO HARMLESS
Lessee shall protect, defend and hold Lessor, and its
inhabitants, officers, employees and agents completely harmless from and
against any and all liabilities, losses, suits, claims, judgements, fines
r demands arisinge
by r of injury or death of any person or damage to
any property, ncludingall nreasonable costs for investigation and defense
thereof (including not not limited to attorneys fees, court costs, and
expert witness fees), of any nature whatsoever arising out of or incident
to this Agreement and/or the use or occupancy of the leased premises of
the acts or omissions of Lessee's officers, agents, employees,
contractors, subcontractors , licensees, or invitees, regardless of where
the injury, death, or damage may occur, unless such injury, death, or
damage is caused by the sole negligence of the Lessor. The Lessor shall
give to Lessee reasonable notice of any such claims or actions. The
Lessee shall also use counsel reasonably acceptable to Lessor in carrying
out its obligations hereunder. The provisions of this Section shall
survive the expiration or early termination of this Agreement.
ARTICLE VIII
NONDISCRIMINATION
(A) Lessee in the use and occupancy of the leased premises shall
not knowingly and willfully discriminate or permit discrimination against
any person or group of persons in any manner prohibited by law
(E) The Lessee, for itself, its personal representatives,
successors ina
interest, and assigns, a a part of the consideration
hereof, does hereby covenant and agree as a covenant running with the land
that (1) no person on the grounds of race, color, or national origin shall
be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, aver,
under such land and the
e
furnishing of service thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination, (3) that the
Lessee shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal, Regulations,
Department of Transportation, Subtitle A., Office of the Secretary, Part
21, Nondiscrimination in Federally -Assisted programs of the Department of
Transportation -Effectuation of Title VI of the Civil Rights Act of 1964,
and as said regulations may be amended.
(C) That in the event of a known breach of any of the above
nondiscrimination covenants, Lessor shall have the right to terminate the
Lease and to re-enter and repossess said land and the facilities thereon,
and hold the same as if said lease had never been made or issued.
ARTICLE I%
COVENANTS OF QUIET ENJOYMENT
The Lessee, subject to the terms and provisions of this lease on
payment of the rent, and observing, keeping and performing all the terms
and provisions of the 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 hinderance or
rejection by the Lessor or any other persons.
ARTICLE X
The Lessor and the Lessee agree that each will promptly discharge
(either by payment or by filing of the necessary bond or otherwise) any
mechanics', materialmen's or other liens against the demised premises,
which liens may arise out of any payment due for labor, services,
materials, supplies or equipment which may have been furnished to or for
the Lessor or the Lessee, respectively.
ARTICLE XI
MAINTENANCE AND REPAIRS
(A) Lessee shall, at its sole expense, throughout the tens hereof
or any extension, keep and maintain the demised premises including all
interior and exterior portions of the building located on the premises,
building fixtures, equipment, operating systems, foundation, roof and
structure, doors, windows, passageways, interior and exterior paint
surfaces, parking areas, grounds and landscaping, in good order and
repair, and in tenantable condition, damage by accidental fire and
casualty and reasonable wear and tear, as provided for in this Agreement
excepted. Lessee shall provide for removal of snow and rubbish from the
premises.
(B) The phrase "reasonable wear and tear" used in Paragraph A of
this Article as an exception to the obligations of the Lessee shall not be
construed to relieve Leasee of the responsibility for providing repairs of
a routine and regular nature which may from time to time be necessary, nor
to provide maintenance to the demised premises of a nature and degree
ordinarily sufficient to prevent damage, breakdown, failures, malfunctions
or disrepairs; nor shall any exception or special provision of this
Agreement be construed to mean that Lessor would be required to carry out
maintenance and repairs to the building.
ARTICLE XII
UTILITIES
Lessee shall pay the cost of all utilities furnished and consumed
on the demised premises, including electricity, gas, heat, water and sewer
user fees.
ARTICLE XIII
UNITED STATES RIGHTS
It is understood and agreed that title to the leased premises is
in the City of Bangor, provided, however, that the leased premises are a
part of Bangor International Airport and this lease is specifically made
subject to any rights the United States of American or any agency thereof
may have under any regulation, law, deed or other existing Agreement in or
to the leased premises and may exercise
regard to said premises and
should the United States of America or any agency thereof exercise any
such right on rights in or to said premises, the exercise of such right or
rights shall not be considered to result in a breach by the City of any
covenant or agreement hereunder. In the event that the United States of
America or any agency thereof exercise any such right or rights in or to
said premises, and the exercise of such right or rights makes impractical
in Lessee's sole discretion Lessee's intended use of said premises, then
Leasee shall have the right, at its option, to terminate this Agreement
without further obligation to the Lessor except for such obligations a
shall have been incurred and accrued prior to the exercise of said option.
ARTICLE XIV
AUTHORITY TO ENTER INTO AGREEMENT
(A) The Lessor 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 whatsoever for the purpose of authorizing
the execution of this Agreement and that execution of this Agreement by
the City Manager renders this Agreement the valid and binding act and deed
n the part of the City of Bangor and is and will remain duly enforceable
n all of its terms and conditions against the. Lessorduringthe term and
all extensions thereof.
(B) 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 corporate action to
authorize the execution of this Agreement is the binding legal act and
deed of the Lessee and is and will remain fully enforceable in all of its
terms and conditions against the Lessee.
ARTICLE XV
EMINENT DOMAIN
(A) If the demised premises, or such portion thereof as to render the
balance (when reconstructed) unsuitable for the purposes of Lessee shall
be taken by condemnation orright of eminent domain, Lessee upon written
notice to the Lessor shall be entitled to terminate this lease, provided
that such notice is given within sixty (60) days after the date of such
taking.
(B) Should any part of the demised premises be so taken or condemned
and should this lease not be terminated in accordance with the foregoing
provisions, Lessor covenants and agrees promptly after such taking o
condemnation to restore the building of which the demised premises are
a
part to as nearly its like condition prior to such taking as shall be
practical. Out of any award for any taking of the demised promisee,
Tenant shall be entitled to r e compensation for its leasehold
interest and improvements. Ie the event of any such taking of the
premises, the rent or a fair and just portion thereof according to the
nature and extent of the damage sustained shall be abated.
ARTICLE XVI
TERMINATION
(A) It is Covenanted and agreed that:
1. If the Lessee shall neglect or fail to pay the rent or other
charges payable hereunder and such default shall continue uncured for a
period of ten (10) business days after receipt of written notice thereof
by Lessee; or
2. If the Lessee shall neglect or fail to perform or observe any
of the other covenants, terms or conditions on its part to be performed
and observed and such default shall continue for thirty (30) days after
receipt of the written notice thereof by the Lessee and Lessee shall not
have commenced and diligently pursued the remedy of such default; or
3. If the estate hereby created shall be taken on execution or by
other process of law; or
4. If the Lessee shall be declared bankrupt or insolvent
according to law; or
5. If any assignment shall be made of the property of the Lessee
for the benefit of creditors; or
6. If aever, guardian, conservator, or trustee in
bankruptcy or other similar officers shall be appointed to take charge of
all or any substantial part of the Lessee's property by Court of competent
jurisdiction; or
7. If a petition shall be filed for a reorganization of the
Lessee under provisions of the bankruptcy act now or hereafter enacted,
and such proceeding is not dismissed within one hundred twenty (120) days
after it was commenced; or
8. If the Lessee shall file a petition for such reorganisation or
for arrangements under any provision of the bankruptcy act now o
hereafter enacted and providing a plan for a debtor to settle, satisfy o
extend the time for the payments of debts, then, in any of the said cases
(notwithstanding any license or any breach of covenant or waiver of the
benefit hereof or consent In a former instance);
The Lessor lawfully may, immediately or at any time thereafter, and
without demand or notice, enter into and upon the said premises or
any
part thereof, in thereafter name of the whole and repossesses thea as
of the Lessor's 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 days originally fixed herein for the
payment thereof, amounts equal to the several installments of rents and
other charges reserved as they would, under the terms of this lease,
became due if this lease has not been terminated or if the Lessor had not
entered or re-entered as aforesaid, less any amounts received as rent from
any successor tenant.
(3) It is further covenanted and agreed that if the Lessor shall
neglect or fail to perform or observe any of the covenants, terms and
conditions on its part to be performed and observed, and such default
shall continue for thirty (30) days after receipt of written notice
thereof by the Lessee and Lessor shall not have commenced and diligently
pursued the remedy of said fault, Lessee lawfully may terminate this
Agreement without further obligation to the Lessor. -
ARTICLE XVII
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 never be deemed to be a waiver by the Lessor of any of
Lessor's rights hereunder. Further, it is covenanted and agreed that no
waiver at any time of any of the provisions hereof by Lessor, shall be
construed as a waiver of any of the the provisions hereunder, and that a
waiver at any time of any of the provisions hereof shall not be construed
at any subsequent time of the same provisions. The approval of Lessor to
or of any action by the Lessee requiring the Lessor's consent orapproval
n
shall not be deemed to waive or render unnecessary the Lessor's consent or
approval to or of any subsequent similar act by the Lessee.
ARTICLE XVIII
Notices to the Lessor provided for in this Lease shall be sufficient
if sent by registered or certified mail, return receipt requested, postage
prepaid to: City of Bangor, City Ball, 73 Barlow Street, Bangor, Maine,
04401; and notices to Lessee, are to be sent by registered or certified
mail, return receipt requested, postage prepaid, addressed to: MEPSCO,
Inc., P. 0. Box 1628, Bangor, Maine 04401 or to such other respective
addressed as the parties may designate to each other in writing from time
to time.
ARTICLE XIX
INVALIDITY OF PARTICULAR PROVISIONS
If any term or provisions of this Lease or the application thereof to
any person or circumstances to any extent, be invalid or unenforceable,
the remainder of this Lease or the application of such terms and
provisions to persons or circumstances other than those to which it i
held invalid or unenforceable shall not be affected Hereby and such term
and provision of this Lease shall be valid and be enforceable to the
fullest extent permitted by law.
ARTICLE XX
CONSTRUCTION
The headings appearing in the Lease are intended for convenience and
reference only, and not to be considered in construing this Lease.
Nothing contained 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 of joint venture between the parties
hereto, it being understood and agreed that neither the method of
computation of rent nor any other provision contained herein or any acts
of the parties hereto shall be deemed to create any relationship between
the parties hereto other than the relationship of landlord and tenant.
ARTICLE Mr
REMOVAL OF PROPERTY
Upon the termination of or expiration of this lease, the improvements
and other personal property erected or located upon the demised premises
by the Lessee shall remain the property of the Lessee, and the Leasee
shall have the right toremove the same from the demised premises within
thirty (30) days from the date of termination of said lease. Any such
property not so removed within said thirty (30) days shall become the
property of the Lessor to be disposed of in such ways as it may deem fit.
In the event, the Lessee elects to r said improvements and other
personal property, the premises hereinleasedshall be returned to as near
as possible its condition as at the commencement of this lease, ordinary
wear and tear and damage by accidental fire or other casualty excepted.
ARTICLE XXII
(A) All provisions of this lease shall extend to, bind and inure to
the benefits of not only the Lessor and the Lessee but also their their
respective successors and assigns.
(B) Lessee shall not encumber, mortgage, assign, sublet or transfer
its interests orany part thereof under this Lease without the prier
written consent of the Lessor.
ARTICLE MIII
ACCESS To PREMISES
Lessor at its own expanse shall maintain summer and winter all City
accepted streets serving the leased premises pursuant to the rules and
regulations of the Airport Manager and any other duly constituted
governmental authority. This does not include roads, driveways or parking
areas within the demised premises.
ARTICLE MTV
AMENDMENT TO LEASE
This lease contains all the terms and conditions between the parties
hereto and no alteration, amendment or addition thereto shall be void
unless in mawriting and signed by the party against whom enforcement y he
sought.
ARTICLE XXV
GOVERNING LAW
This Lease shall be governed exclusively by the provisions hereof and
by the laws of the State of Maine, as the same may from time to time
exist.
ARTICLE XXVI
EXECUTION OF AGREEMENT
A. The Lessor hereby representsand warrants that it has taken all
necessary procedural and legal steps as required under all state, local
and federal laws and regulations whatsoever for the purpose of authorising
the execution of this Agreement, and that the execution of this Agreement
by the City Manager renders this Agreement a valid and binding document on
the part of the City of Bangor and is fully enforceable in all of its
terms and conditions by the Lessee.
B. Lessee hereby represents and warrants that it has taken all
necessary and procedural and legal steps as required under all state,
local and federal laws and regulations, and all necessary corporate action
to authorize the execution of this Agreement by one of its officers and
that the execution of this Agreement is a binding and legal document on
the Lessee, is fully enforceable in all of its terms and conditions by the
City of Bangor.
ARTICLE XXVII
CERTIFICATE OF LEASE
Lessor and Lessee both agree not to record this lease; however, upon
request of either, the other shall execute and deliver a notice of this
lease in recordable form.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year written above.
WITNESS: CITY OF BANGOR
By;________________
Its City Manager
Title
P