HomeMy WebLinkAbout2024-03-25 24-113 OrderCITY COUNCIL ACTION
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24-113
MARCH 25,2024
INDENTURE OF LEASE
THIS INDENTURE OF LEASE, executed in duplicate, this 1 day of April, 2024, 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,")
Andl
MAINE INSTRUMENT FLIGHT, a corporation duly organized and existing under the
laws of the State of Maine, and owned and operated by Chad Morris, with its principal
offices located at 215 Winthrop Street, Augusta, Maine (hereinafter sometimes referred
to as "Lessee.")
WITNESSETH:
WHEREAS, the Lessor 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, the Lessee desires to lease from the Lessor certain facilities at said Airport
for the operation of certain certified flight training operations as specifically described herein,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
ARTICLE I
PREMISES
The Lessor, for and in consideration of the rents to be paid, and the obligations to be performed
by Lessee as hereinafter provided, does hereby demise and lease unto the Lessee and Lessee does
hereby take and hire, upon and subject to the terms and conditions hereinafter expressed, the
following described property, located at the Airport, in its present condition, situate in the City of
Bangor, viz:
a.) Hangars T-8 and T-9, of approximately 1,122 square feet each of hangar space
to be used exclusively for aircraft storage, and 300 square feet of office space
to be used exclusively for flight training instruction and storage; along with
certain ground and access rights.
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Exhibit A to this lease depicts both Hangars (T-8 and T-9) and Office #201 and is hereby
incorporated by reference.
ARTICLE II
TERM
TO HAVE AND TO HOLD the demised premises as described herein for a period of
three (3)years, commencing on April l, 2024 and terminating on March 31, 2027.
Provided that Lessee is not in default of the terms and conditions of this lease at the time
Lessee exercises an option to renew, Lessee shall have two (2) options to renew the
Lease, the renewal to be for a one (1)year period commencing on the aforementioned
termination date. The option to renew may only be exercised in the twelve-month period
immediately before the lease is due to expire.
ARTICLE III
RENTAL
A. The rental to be paid by Lessee to Lessor during the term of this Lease shall be as
shown below:
3 Year Term Monthl Yearl
Amount Amount
Office S ace
Year 1 $750.00 $9,000.00
Years 2-3 See below See below
Han ars Per Han ar
Year 1 $580.59 $6,967.08
Year 2-3 See below See below
• For years 2-3 of the term of the Lease,and for any extensions of the Lease, on each anniversary
of the Lease Commencement Date the rental amount then in effect shall be increased by a
percentage equal to the percentage increase in the Consumer Price Index—Urban(CPI-U),not
to exceed 2.5%.
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
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any and all rights or privileges of exemption from taxation on the demised premises, on
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 IMPROVEMENTS OF PREMISES
A. Lessee shall use, occupy and maintain the premises herein leased in a reasonably
business-like, careful, safe and environmentally responsible manner for the purposes of
operating a General Aviation service based on specific uses herein listed, and for no other
use whatsoever without the prior expressed written consent of the Airport Director. The
General Aviation service permitted to be conducted by Lessee shall be for aeronautical
purposes only, to include flying instruction, aircraft storage and minor/light aircraft
maintenance within the demised premises. In addition, Lessee shall comply with all
applicable airport rules and regulations.
B. Lessee shall not use, occupy or maintain said premises in any manner as to violate any
municipal, state, or federal law or regulation, and, in particular, regulations of the Federal
Aviation Administration relating to the operation of Bangor International Airport as a
public airport, requirements of the Occupational Safety and Health Act, and Maine
Department of Environmental Protection and Federal Environmental Protection
Administration.
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 Director to ensure 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. Lessee assumes sole responsibility for any breach of
airport security when it is demonstrated that said breach is a result of Lessee's occupancy
of or access to the leased area. Lessee shall comply with provisions that may be required
from time to time by the Airport Director to ensure and guarantee that said access to the
runway and other aeronautical areas of the Airport is not open to the customers,
employees, agents or visitors of Lessee. However, Lessee's customers while operating
aircraft shall have access between the runway and the demised premises.
D. Lessee shall have the right to make minimal/minor improvements to the premises, subject
to the prior written approval of the Airport Director, and provided that such alterations,
additions, and improvements do not weaken the structural integrity of leased facilities,
nor decrease its functional quality or value, and further provided that any such work shall
be done entirely at the Lessee's own expense and will include returning disrupted
surfaces to a serviceable and attractive condition.
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E. Lessor, through its agents, shall have at all reasonable times the right, upon reasonable
notification to the Lessee, to go on 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 purpose of maintenance, repair, correction, or inspection.
F. Lessee shall have access to parking spaces adjacent to the General Aviation terminal
building, and subject to locational change in the event of redevelopment of the paved
parking area.
G. Use & Occupancy:
1. Lessee shall have the right to use, occupy and maintain the demised premises in a
reasonably businesslike, careful, clean, and reasonably safe manner for the purposes of
parking and storing aircraft, and the storage of parts and materials of use in the operation
of said aircraft and for associated office use.
2. Aircraft maintenance activity shall be limited to minor repairs. Major repairs such as
airframe or engine overhaul or painting (other than minor"touch-ups") is prohibited.
ARTICLE V
LIABII,ITY &PROPERTY DAMAGE INSURANCE
A. The Lessee, during the entire term of this Lease, or any extension thereof,
including any holdover tenancy following regular expiration or early termination hereof,
shall maintain, at its sole expense, insurance in the type and amount shown below with
companies authorized to do business in the State of Maine for the protection of Lessor
against any and all liability, including wrongful death, against all claims, losses, costs or
expenses arising out of injuries to persons whether or not employed by Lessee or damage
to property whether resulting from acts, omissions, negligence or otherwise of the Lessee,
its directors, officers, clients, employees and agents and arising from Lessee's use of the
demised premises or any part or portion thereof:
• 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;
• Aviation liability insurance, including Premise Liability with a minimum limit of
$1,000,000.00 per occurrence and $100,000 bodily injury each person; and
• Workers' Compensation and Employer's Liability Insurance (if applicable).
o Workers' Compensation: Statutory Benefits
o Employers Liability:
■ $500,000 Each Accident
■ $500,000 Disease per Employee
■ $500,000 Disease Policy Limit
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Lessee shall cause to be furnished to the Lessor, at the time of execution of this Lease,
evidence in the form of certificates of insurance of the existence in force of the insurance
required hereunder. Said certificates shall name Lessor as an additional insured and loss
payee. Lessee shall cause to be furnished to the Lessor replacement certificates of
insurance whenever the insurance policies are renewed. Lessor shall be notified prior to
any changes or discontinuances of coverage.
Lessor agrees to promptly notify Lessee in writing of the existence or filing of any claim,
demand or action arising out of an occurrence covered hereunder of which Lessor has
knowledge, and to cooperate with Lessee in the investigation and defense thereof.
The minimum insurance coverage required under this Article shall be deemed to be
automatically adjusted whenever the Maine State Legislature shall increase the Lessor's
maximum liability beyond such minimums for personal injury, wrongful death or
property damage claims brought under the Maine Tort Claims Act. In the event of such
an increase, the minimum insurance coverage required shall be no less than the amounts
required herein or no less than the Lessor's maximum liability for such claims under the
Maine Tort Claims Act, whichever is greater.
Lessor shall maintain comprehensive liability insurance coverage for the building, but
shall not be held responsible for any harm or damage caused by an"act of god," including, but
not limited to, unusual wind storms, floods, earthquakes, and snow/ice storms.
ARTICLE VI
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 HOLD HARMLESS
A. General Indemnification and Waiver of Workers' Compensation Immunity - During the
term of this Lease and during any extensions or renewals hereof, including any holdover
tenancy following regular expiration or early termination hereof, Lessee shall defend,
indemnify, save and hold Lessor, and its inhabitants, officers, employees and agents
completely harmless from and against any and all liabilities, losses, suits, claims, costs,
expenses,judgments, fines or demands arising by reason of injury to or death of, or
asserted by, any person or persons, including Lessee's agents, clients, invitees or
employees, or damage to any property, including all reasonable costs for investigation
and defense thereof(including but not limited to attorneys' fees, court costs, and expert
witness fees), of any nature whatsoever arising out of or incident to this Lease and/or the
use, occupancy, conduct, or management of the demised premises or the acts or
omissions of Lessee's officers, clients, agents, employees, contractors, subcontractors,
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licensees, or invitees, except to the extent such injury, death, or damage is caused by the
negligent acts or omissions of the Lessor, its agents, employees, clients or invitees. The
Lessee shall give to Lessor reasonable notice of any such claim or actions. The Lessee
shall also use counsel reasonably acceptable to Lessor in carrying out its obligations
under this Article.
During the term of this Lease and during any extensions or renewals hereof, including
any holdover tenancy following regular expiration or early termination hereof, Lessee
further expressly agrees that it will defend, indemnify, save and hold Lessor harmless
from any and all claims made or asserted by the Lessee's agents, servants or employees
arising out of the Lessee's activities under this Lease. For this purpose, Lessee 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 Lessor by Lessee's
agents, servants or employees. For this purpose, Lessee 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 Lessor arising out of Lessee's use and occupancy of the
demised premises or other activity of Lessee under this Lease. The indemnification
provided under this Article shall extend to and include any and all costs incurred by the
Lessor to answer, investigate, defend and settle all such claims, including but not limited
to Lessor'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
Lessee's agents, invitees, licensees, clients, servants or employees against Lessor in
regard to claims made or asserted by such persons.
B. Indemnification with Respect to Hazardous Materials -Without limiting the Lessee's
General Indemnification provided in Paragraph A above, Lessee hereby represents and
warrants that, as to Lessee, hazardous materials as defined in this paragraph, Lessee shall:
1. Immediately forward to Lessor copies of any and all notices, correspondence,
warnings, guidelines, or other written materials hereafter received from, or given
to, any governmental authority in connection with Lessee hazardous materials and
their relationship to the demised premises;
2. Conduct and complete at its own expense, all investigations, studies, sampling
and testing, and all remedial, removal, and other actions necessary to clean up and
remove all Lessee hazardous materials in, under, upon, from, or affecting the
demised premises, to the extent required by and in accordance with all applicable
federal, state, and local laws, regulations, rules, ordinances, and policies, and in
accordance with orders and directives of any federal, state, or local
governmental authority.
3. Defend, indemnify, and hold harmless Lessor, its employees, agents, officers and
directors, from and against any and all claims, demands,penalties, fines,
liabilities, settlements, damages, costs, or expenses (including without limitation,
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attorney, engineering and consultant fees, investigation, testing and laboratory
fees, court costs, and litigation expenses) of whatever kind or nature, known or
unknown, contingent or otherwise, arising out of or in any way related to:
a. the discovery,presence, disposal, release, or threatened release of Lessee
hazardous materials within, under, upon, from or into the demised
premises;
b. any personal injury (including wrongful death), or property damage (real
or personal) arising out of or related to Lessee hazardous materials, which
concern the demised premises;
c. any legal action brought or threatened before any court or agency,
settlement reached, or government order relating to Lessee hazardous
materials which concern the demised premises; and/or
d. any violation of laws, orders, regulations, requirements, or demands of
government authorities now in effect or in effect at any time in the future,
which are based upon or in any way related to Lessee hazardous materials
which concern the demised premises.
For this purpose, the term "hazardous materials" shall mean flammable explosives,
radioactive materials, hazardous materials, hazardous waste, hazardous or toxic
substances or matter, oil or other petroleum products, asbestos, chemical pollutants or
materials in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (42 U.S.C. §§ 9601 et seq.), the Hazardous Materials
Transportation Act, as amended (49 U.S.C. §§ 801 et se . , the Resource Conservation
and Recovery Act, as amended(42 U.S.C. §§ 691 et seq.), applicable Maine statutes or
any similar federal, state or local law, or in the regulations adopted and publications
promulgated pursuant thereto, or any other substances or materials constituting a hazard,
peril or threat to the health of persons, animals, or plant life and used,placed, stored or
disposed of upon the demised premises by Lessee, its contractors, customers, licenses,
agents, servants or employees; but the term "Lessee hazardous materials" shall not
include any such materials used,placed, stored or disposed of upon the demised premises
by the Lessor, its agents, servants or employees, or by a third party other than contractors,
customers or licensees of the Lessee.
C. No Joint Venture - In exercising the rights granted under this Lease, Lessee shall at all
times be regarded as an independent entity conducting its own business and operations
and shall not at any time act, hold itself out, or purport to act as an agent, contractor, co-
partner,jointventure or employee of Lessor.
D. Survival — The provisions of this Article VII shall survive the termination of this Lease.
ARTICLE VIII
NONDISCRIMINATION
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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.
B. The Lessee, for itself, its personal representatives, successors in interest, and assigns, as 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, national origin, or any other
manner prohibited by law 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, over, or under such land and the furnishings of
service thereon, no person on the grounds of race, color, national origin, or any other
manner prohibited by law 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 this 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 IX
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 this 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 hindrance or rejection by the Lessor
or any other persons.
ARTICLE X
LIENS
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 REPAIIZS
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A. Lessee shall, at its sole expense, throughout the term hereof or any extension,keep and maintain
the demised premises including all interior portions of the building located within the demised
premises,building fixtures, equipment, and shop area,to the extent only that these are used by
and/or under direct functional control of Lessee,windows,passageways,interior paint surfaces,
parking areas, grounds and landscaping assigned to the demised premises,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 Lease, excepted. Lessee, at its own expense, shall also be
responsible for any routine or required inspections related to the fire suppression system,
extinguishers, hoists and other aspects of the demised premises requiring such inspections.
Lessee shall provide for removal of rubbish from the Premises. Lessor shall, at its sole expense,
throughout the term hereof or any extension,keep,maintain and repair the structural portions of
the buildings and the operating systems therein including,without limitation,the roof,walls,
doors,plumbing systems, electrical systems, �re suppression systems and HVAC systems, except
to the extent such repairs are required as a result of the negligence or misuse by Lessee.
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 Lessee 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 Lease be construed to mean
that Lessor would be required to carry out maintenance and repairs to the building.
ARTICLE XII
UTII,ITIES
Lessee shall pay the cost of electricity utilities furnished and consumed in T-Hangars 8 & 9,
including electricity. Office utilities, to include heat and electricity, do not apply and are
included in the office space rental fee. Office utilities, to include phone and internet access, must
be procured by Maine Instrument Flight and monthly fees for these services must be paid by
Maine Instrument Flight.
ARTICLE XIII
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 Lease, and that execution of this
Agreement by the City Manager renders this Lease the valid and binding act and deed on
the part of the City of Bangor and is and will remain duly enforceable in all of its terms
and conditions against the Lessor during the 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 Lease as the binding legal
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act and deed of the Lessee and is and will remain fully enforceable in all of its terms and
conditions against the Lessee.
ARTICLE XIV
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 or
right 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 or 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 premises, Lessee shall be
entitled to receive compensation for its leasehold interest and improvements. In the event
of 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 XV
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 subj ect to any rights the United States of America or any agency thereof may
have under any regulation, law, deed, or other existing agreement in or to said premises and
should the United States of America or any agency thereof exercise any such right or 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 exercises 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 Lessee shall have the right, at its option, to terminate this Lease
without further obligation to the Lessor except for such obligations as shall have been incurred
and accrued prior to the exercise of said option.
ARTICLE XVI
TERMINATION
It is covenanted and agreed that:
A. If the Lessee shall neglect or fail to pay the rent or other charges payable hereunder and
shall default continue uncured for a period of ten (10)business days after receipt of
written notice thereof by Lessee; or
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B. 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 by the Lessee of the written notice thereof and Lessee shall
not have commenced and diligently pursued the remedy of said default; or
C. If the estate hereby created shall be taken on execution or by other process of law; or
D. If the Lessee shall be declared bankrupt or insolvent according to law; or
E. If any assignment shall be made of the property of the Lessee for the benefit of creditors;
or
F. If a receiver, guardian, conservator, or trustee in bankruptcy or other similar officer shall
be appointed to take charge of all or any substantial part of the Lessee's property by a
Court of competent jurisdiction; or
G. 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 and twenty (120) days after it was commenced; or
H. If the Lessee shall file a petition for such reorganization or for arrangements under any
provision of the Bankruptcy Act now or hereafter enacted and providing a plan for a
debtor to settle, satisfy or extend the time for the payment of debts, then, in any of the
said cases (notwithstanding any license or any breach or covenant or waiver of the benefit
hereof or consent in a former instance); or
L If Lessee provides a ninety (90) day written notice to Lessor to terminate this agreement,
in which case the Lessee will be responsible for six (6) months of lease payments, at the
current lease amount in the year applicable less any amounts received as rent from any
successor tenant;
J. 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 the name of the whole
and repossess the same 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, become due if this Lease had 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.
ARTICLE XVII
REMOVAL OF PROPERTY
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Upon the termination of or expiration of this Lease, the personal property of Lessee, including
machinery, equipment, and fixtures, located on the demised premises shall remain the property
of the Lessee, and the Lessee shall have the right to remove 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 way as it may deem fit. In the event Lessee elects to remove said personal property, the
premises herein leased shall 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 XVIII
NOTICES
Notices to Lessor provided for in this Lease shall be sufficient if sent by registered or certified
mail,postage prepaid, addressed to:
Airport Director: Jose Saavedra
Bangor International Airport
287 Godfrey Blvd.
Bangor, Maine 04401
and notices to Lessee shall be sufficient if sent to:
Maine Instrument Flight
215 Winthrop Street
Augusta, ME 04330
or to such other addresses as the parties may designate to each other in writing from time to time.
ARTICLE XIX
SUCCESSION AND ASSIGNABII,ITY
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 to their respective successors and assigns.
B. Lessee shall not encumber, mortgage, assign, sublet, or transfer its interests or any part
thereof under this Lease without the prior written consent of the Lessor.
ARTICLE XX
ACCESS TO PREMISES
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Lessor at its own expense shall maintain summer and winter all City accepted streets servicing
the leased premises pursuant to the rules and regulations of the Airport Director and any other
duly constituted governmental authority. This does not include roads, driveways, or parking
areas within the demised premises, but shall include the Alert Area road access, from the Odlin
Road to the Airport security fence, and aircraft access as provided for in Article IV (F).
ARTICLE XXI
WAIVER
Failure on the part of either party to complain of any action or non-action on the part of the other
party no matter how long the same may continue shall never be deemed to be a waiver of any of
such parties' rights hereunder. Furthermore, it is covenanted and agreed that no waiver at any
time of any of the provisions hereof by either party shall be construed as a waiver of any of the
other provisions hereof and that a waiver at any time of any of the provisions hereof shall not be
construed at any subsequent time a waiver of the same provisions. The approval of either party
to or for any action by the other requiring that party's consent or approval, shall not be deemed
to waive or render unnecessary the party's consent or approval to or of any subsequent similar
act by the other party.
ARTICLE XXII
AMENDMENT TO LEASE
This Lease contains all the terms and conditions between the parties hereto and no alteration,
amendment, or addition thereto shall be valid unless in writing and signed by the party against
whom enforcement may be sought.
ARTICLE XXIII
INVALIDITY OF PARTICULAR PROVISIONS
If any term or provision of this Lease is held to be invalid or unenforceable, the remainder of this
Lease shall not be affected thereby and each other term and provision of this Lease shall be valid
and be enforceable to the fullest extent permitted by law.
ARTICLE XXIV
CONSTRUCTION
A. The headings appearing in this Lease are intended for convenience and reference only,
and are not to be considered in construing this Lease.
B. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any
third party, as creating a 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 provision contained herein or any acts of the
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24-113
MARCH 25,2024
parties hereto shall be deemed to create any relationship between the parties hereto other
than the relationship of landlord and tenant.
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 be amended.
ARTICLE XXVI
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 first written above.
CITY OF BANGOR
Date By: Debbie Laurie
Its: City Manager
MAINE INSRUMENT FLIGHT
Date By:
Its:
14
IN CITY COUNCIL
MARCH 25, 2024
CO 24-113
Motion made and seconded for Passage
Passed
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CITY CLERK