HomeMy WebLinkAbout2019-05-13 19-173 OrderTitle, Order
CITY COUNCIL ACTION 05/13/2019 19-173
Council Meeting Date: 05/13/2019
Item No: 19-173
Responsible Dept: Airport
Requested Action: Order Map/Lot: 100-010
Authorizing the City Manager to execute a temporary use agreement between Avis/Budget Rent -a -Car
System, Inc. and the City of Bangor for the rental of a portion of the Bangor International Airport's remote
shuttle lot.
Summary
This order authorizes a temporary use agreement between Avis/Budget Rent -a -Car System, Inc. and
the City of Bangor for the rental of a portion of the Bangor International Airport's remote shuttle lot.
Avis/Budget operates a car rental service at the airport and is in need of additional vehicle parking
space during their peak spring/summer business period.
If approved, the base rent for the temporary use will be $3,174 per month. The tenant assumes all
liability for operating within this portion of the parking lot. The term shall be for 5 months, and may
continue on a month-to-month basis thereafter. This temporary use agreement will be in final form
as approved by City Legal.
Committee Action
Committee: Airport Committee
Action: Recommend for passage
Staff Comments & Approvals
Staff recommends approval.
La�L ro E,�,j
City Manager
Introduced for: Consent
Meeting Date: 05/06/2019
For: 5 Against: 0
f,6�; P! � - � -
City Solicitor
Finance Director
CITY OF BANGOR ORDER
Date: 05/13/2019
Item No: 19-173
Assigned to Councilor: Tremble
05/13/2019 19-173
Authorizing the City Manager to execute a temporary use agreement between Avis/Budget Rent -a -Car
System, Inc. and the City of Bangor for the rental of a portion of the Bangor International Airport's remote
shuttle lot.
WHEREAS, the City of Bangor, Maine is the owner of an airport located in Bangor, County of Penobscot, State
of Maine, commonly known as Bangor International Airport (BGR); and
WHEREAS, Avis/Budget Rent-A-Car System Inc. currently operates a car rental service facility at BGR; and
WHEREAS, Avis/Budget desires to lease additional temporary space necessary for vehicle storage and parking;
and
WHEREAS, Avis/Budget desires to temporarily use a portion of the airport's shuttle lot.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR,
That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute the
temporary use agreement with Avis/Budget Rent-A-Car Systems, Inc. for the rental of a portion of the Bangor
International Airport's remote shuttle lot. Said lease agreement will run for 5 months, with an option to extend
on a month-to-month basis by mutual consent. The base rent shall be $3,174 per month. The lease
agreement shall be in final form as approved by the City Legal.
19-173
MAY 13, 2019
TEMPORARY USE AGREEMENT
THIS TEMPORARY USE AGREEMENT is by and between the CITY OF BANGOR, a municipal
corporation organized and existing under the laws of the State of Maine (hereinafter "the City") and
Avis/Budget Rent A Car System, Inc: a corporation duly organized and existing under the laws of the State of
Delaware, with principal headquarters located at 6 Sylvan Way, Parsippany, New Jersey, and having a place of
business at the Bangor International Airport, Bangor, Maine (hereinafter sometimes referred to as the
'Temporary user").
WITNESSETH:
WHEREAS, the City is the owner of certain property off Maine Avenue in Bangor, Maine, known as
Bangor International Airport (BGR);
WHEREAS, Temporary user wishes to use a portion of a shuttle parking lot at BGR for its peak
seasonal car rental operation.
NOW THEREFORE, the parties hereto hereby agree as follows:
§ 1. GRANT OF TEMPORARY USE - The City hereby grants to Temporary user permission to use a
portion of the shuttle parking lot located off Maine Avenue, as illustrated on Exhibit A and B for the
purpose of parking excess rental cars during their peak season period.
§ 2. TERM OF TEMPORARY USE - This Temporary use shall be in effect from 01 May, 2019 to 30
September, 2019. This agreement may continue on a month-to-month basis by mutual consent.
§ 3. MAINTENANCE OF PREMISES - In consideration of the grant of this Temporary use, Temporary user
hereby agrees to maintain the Premises in a neat, safe, and clean condition during the period this
Temporary use shall remain in effect. Temporary user warrants that it will reasonably clean and restore the
Premises to the same condition as before the Temporary use, reasonable wear and tear excepted. The City
agrees that the Premises shall be in clean condition, in good order, and free of trash or other unsightly
paraphernalia at the commencement of this Temporary use.
§ 4. INDEMNIFICATION - The Temporary user does hereby for itself, its successors, its guests and
invitees, fully and completely RELEASE and HOLD HARMLESS said City of Bangor, its inhabitants, officers,
servants, agents and employees from any and all claims, demands and actions that Temporary user, its
successors, or third parties, may have, on account of loss, damage or injury, including personal injury, that
are caused by use of the Premises. Temporary user, or its successors, also hereby expressly agrees to
defend, indemnify, and hold the City of Bangor, its officers, servants, agents and employees harmless from
and against any and all claims, demands, actions, and judgments in favor of any of Temporary user, or its
successors, servants or employees who may enter upon the described premises.
During the term of this Temporary use and during any extensions or renewals hereof following regular
expiration or early termination hereof, Temporary user further expressly agrees that it will defend,
indemnify, save and hold the City harmless from any and all claims made or asserted by the Temporary
user's agents, servants or employees arising out of the Temporary user's activities under this Temporary
use. For this purpose, Temporary user hereby expressly waives any and all immunity it may have under
Maine's Workers Compensation Act in regard to such claims made or asserted against Temporary user by
19-173
MAY 13, 2019
Temporary user's agents, servants or employees. For this purpose, Temporary user further expressly
waives any charitable immunity it may have under applicable law as to any and all claims of any person
made or asserted against the City arising out of Temporary user's use and occupancy of the demised
premises or other activity of Temporary user under this Temporary use.
The indemnification provided under this section shall extend to and include any and all costs reasonably
incurred by the City to answer, investigate, defend and settle all such claims, including but not limited to
the City's costs for attorneys' fees, expert and other witness fees, the cost of investigators, and payment in
full of any and all judgments rendered in favor of the Temporary user's agents, invitees, temporary users,
clients, servants or employees against the City in regard to claims made or asserted by such persons.
§ 5. INSURANCE - Temporary user during the term of this Temporary use shall maintain, at its sole
expense:
• Commercial general liability insurance with a minimum limit of $1,000,000.00 combined single
limit per occurrence and $2,000,000.00 in the aggregate; and
• Workers' compensation and employer's liability insurance with a minimum limit of $500,000.00
per occurrence.
Temporary user shall furnish to the City of Bangor a certificate of insurance naming the City of Bangor as an
additional insured against all claims, losses, costs or expenses arising out of injuries to persons whether or
not employed by Temporary user or damage to property whether resulting from acts, omissions,
negligence or otherwise of the Temporary user, its directors, officers, employees and agents and arising
from Temporary user's use of the Premises. Temporary user shall notify the City of any changes or
discontinuances of coverage.
Temporary User agrees to promptly notify The City of Bangor in writing of the existence or filing of any
claim, demand or action arising out of an occurrence covered hereunder of which Temporary User has
knowledge, and to cooperate with City of Bangor in the investigation and defense thereof.
§ 6. INSPECTION OF PREMISES - Temporary user hereby agrees that it shall thoroughly inspect the
Premises for any hazards or defects prior to making use thereof under this Temporary use. It is understood
that this Temporary use is granted for use of the Premises "as is", and that the City makes no warranty or
representation of any kind regarding the safety or condition of the premises. Use of the City's Premises by
Temporary user shall be at Temporary user's sole and exclusive risk. Also, the City may, at any time, enter
into and upon the Premises for any reason.
§ 7. FEE - Temporary user agrees to pay to the City, in advance the sum of $3,174.00 per month. Rent
shall be paid monthly in advance on the first day of the month.
§ 8. COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS - Temporary user shall not use or occupy
said premises in any manner as to knowingly violate any law or regulation of any duly constituted
governmental authority.
§ 9. HAZARDOUS MATERIALS - Temporary user hereby covenants and agrees that it shall not place,
cause to be placed, allow to be placed, deposit or discharge any hazardous waste upon the Premises. The
term "hazardous waste" shall be deemed to include every substance now or hereafter designated as a
hazardous waste under any provision of State or Federal law.
2
19-173
MAY 13, 2019
§ 10. NON-DISCRIMINATION - Temporary user, in the use and occupancy of the Premises, shall not
unlawfully discriminate or permit unlawful discrimination against any person or group of persons in any
manner.
§ 11. IMPROVEMENTS - Temporary user shall not make any permanent improvements to the Premises,
but it may erect temporary signage, and other such temporary structures necessary for a vehicle parking
I ot.
§ 12. NOTICES - Notices to the City provided for in this Agreement shall be sufficient if sent by first class
mail, postage prepaid to:
Bangor International Airport
Airport Director
287 Godfrey Boulevard
Bangor, Maine 04401
and Notices to the Temporary user provided for in this Agreement shall be sufficient if sent by first class
mail, postage prepaid to:
or to such other respective persons at addresses as the parties may designate to each other in writing from
time to time.
§ 13. SUBLET, ASSIGNMENT, AND ENCUMBRANCES PROHIBITED - Temporary user shall not encumber,
mortgage, assign, sublet or otherwise transfer his interest or any part thereof under this Agreement
without the prior expressed written consent of the City.
§ 14. NO JOINT VENTURE - Nothing contained herein shall be deemed or construed by the parties hereto
or by any third party as creating the relationship of principle and 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.
WITNESS the following signatures and seals this _ day of _ 120
CITY OF BANGOR
By: Catherine M. Conlow
Its: City Manager
AVIS/BUDGET
3
19-173
MAY 13, 2019
By:
Its:
U)
_ z /
D c/)
Z Z
� G7
o Z r 0� ZO /.
I CO v / ' 19-173 MAY 13, 2019
oz
>
m� i
o 't7� O D /.
i � z
m i -3 /.
9ti
g
�o m
1 D � m o < o � O
M rn rn m m Z = m m
1 = Zu 70 _X _X _X _X — _X X
C7 O O O O p O O CA CA (A cn (A CA C
o O 70 c
z
cn O OO � m�
O
mm C� GGGGGr
m m m m m c/) �
C 0) 0 r a7 m m— D I r � D r I I 70
rn
_ D Z K OD 1 D=X-
O D �7 - D m � D 70 `kF / �'`` ESCI+PE r D z
c D cn �' p z / 4 " 0 m
z rr C
o O D / r o�u �o
/U)cn mz c_n
m
N p �c� ` zr=
In z / jam` �r MUO��� �`� `•
m O
DM m
C7 / Z� 1 m�
D m0 = m D m n 4a- <o
(j), (J)
< o z �• 6
uate:
SCALE:
lel: (1U /)YY2— 4250
9/25/2012
1 = 50'
I
Fax: (207)992-4194
' m -uM Z
�O
0
X�>'l7
OZ
D
4'
P
rD
a o
o
6Z < %Z
c/).
O
CA
N
a7 -u
C7
Z
O
�,
Z
6)
N
1-3 -AZ
�DcE
r-
cn v m
•
of
10
uate:
SCALE:
lel: (1U /)YY2— 4250
9/25/2012
1 = 50'
Signed Date
Fax: (207)992-4194
H O z
riy vp r H
Lam-
I
La 1-3
1-C
py v
W N C7
7v O 0
.o
H