HomeMy WebLinkAbout2010-07-26 10-261 ORDERCOUNCIL ACTION
Item No. L 4, 61
Date: 7/26/2010
Item/Subject: Order, Authorizing a Lease with Airnet of Maine, for Office Space within the
Avitat/General Aviation terminal, Bangor International Airport
Responsible Department: Airport
Commentary: The attached Order will authorize a new Indenture of Lease between the City
of Bangor, Airport Department and AIRNET. This agreement outlines a one (1) year term for
leasing office space (126 sq. ft.) within the Avitat/General Aviation terminal. The current lease is
due to expire on August 31, 2010 and both parties are interested in having AIRNET remain as a
tenant. The new lease rate is $119.00 per month, or $1,428.00 annually, which reflects an
increase based on last year's CPI of 1.7%.
AIRNET is a company operated by Ms. Julie Jones and her canine companion Quincy'. Ms. Jones,
along with Quincy, a specially trained yellow lab, assists organizations in search and rescue
missions in Maine, as well as throughout the country. Quincy's specialty is in aged scent specific
detection. AIRNET is contacted by local law enforcement agencies to help solve crimes ranging
from missing or lost persons to articles and evidence recovery to human remains detection.
The terms outlined in this lease contract have been agreed to between the Airport and AIRNET.
The Legal Department has reviewed and approved the new lease.
Department Head
Manager's Comments: This has been reviewed and is recommended for approv by the
Airport Committee.
Interim City Manager
Associated Information: Order
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
nance Director
ZI/m-
City Solicitor
Page _ of _
Assigned to Councilor — Hawes
CITY OF BANGOR
10 61
July 26, 2010
(TITLE.) ORDER, Authorizing a Lease with Airnet of Maine for Office Space within the
Avitat/General Aviation Terminal, Bangor International Airport
By the City Council of the City of Bangor.
ORDERED, THAT a one-year lease with with Airnet of Maine, for office space (126 sq.
ft.) within the Avitat/General Aviation terminal, Bangor International Airport, is hereby
approved in a form substantially the same as presented to the Airport Committee,
approved by the City Solicitor, and attached hereto.
IN CITY COUNCIL
July 26, 2010
Passed
SIM- M � MW
#10-261
(TITLE,)_ authorizing a Lease with Airnet
of acne_ for Office Space within the
Ay3tat/General Aviation terminal, Bangor
terantional Airport
Assigned -to
LBANGROR
INTERNATIONAL AIRPORT
MEMORANDUM
To: Airport Committee
From: Anthony P. Caruso Jr., Asst. Airport Director
CC: Bob Farrar, Interim City Manager
Rebecca Hupp, Airport Director
Paul Nicklas, Asst. City Solicitor
Scott Tash, Airport Finance Manager
Re: AIRNET lease renewal
Date: July 1, 2010
Attached, the Airport Committee will find a copy of a new lease agreement between AIRNET
and the City of Bangor, Airport Department. This agreement outlines a one (1) year term for
leasing office space (126 sq. ft.) within the Avitat/General Aviation terminal. The current lease is
due to expire on 31 August 2010 and both Parties are interested in having AIRNET remain as a
tenant. The new lease rate is $119.00 per month, or $1,428.00 annual, which reflects an
increase based on last year's CPI of 1.7%.
AIRRNET is a company operated by Ms. Julie Jones and her canine companion Quincy'. Ms.
Jones, along with Quincy, a specially trained yellow lab, assists organizations in search and
rescue missions in Maine, as well as throughout the country. Quincy's specialty is in aged scent
specific detection. AIRNET is contacted by local law enforcement agencies to help solve crimes
ranging from missing or lost persons to articles and evidence recovery to human remains
detection. Ms. Jones and Quincy have been asked by organizations such as VISAR and VK9SAR
to help solve crimes and assist in the finding and recovery of bodies from New Hampshire to
Alabama. She will also work closely with Bangor based Downeast Emergency Medicine Institute
(DEEMI) downloading aerial images taken by DEEMI during search and rescue missions and
then sending them to VISAR to interpret.
Ms. Jones has been doing this type of work for several years part time. She has left her position
at the University of Maine to devote all of her time to this endeavor.
This lease agreement has been reviewed and approved by City Legal. The Airport respectfully
submits this amendment for Airport Committee review and recommends approval.
INDENTURE OF LEASE
THIS INDENTURE OF LEASE, executed this day of , 2010, by and
between:
CITY OF BANGOR, a municipal corporation, organized and existing under the laws of
the State of Maine, and having its principal offices at 73 Harlow Street, Bangor, Maine,
(hereinafter sometimes referred to as "Lessor'
AND
AIRRNET, a corporation duly organized and existing under the laws of the State of
Maine, and having a regular place of business at P.O. Box 1013 Bangor, Maine 04401
(hereinafter sometimes referred to as "Lessee'
WITNESSETH:
WHEREAS, The City of Bangor is the owner of an airport commonly known as "Bangor
International Airport", formerly known as Dow Air Force Base, located in the city of Bangor,
County of Penobscot, State of Maine (hereinafter sometimes referred to as the "Airport'; and
WHEREAS, Lessee wishes to lease a portion of Building 121 as depicted in Exhibit A in
the Bangor International Airport complex to operate and maintain office space.
NOW, THERFORE, the parties do mutually agree as follows:
ARTICLE I - PREMISES
The Lessor, for an 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 Lessee, and
the Lessee does hereby take and hire, upon and subject to the terms and conditions hereinafter
expressed the following described premises in its present physical condition:
a. 126 sq. ft. of office space, specifically room 1
b. Parking in the building's designated parking area s assigned by the
Lessor.
All as shown on a plan attached hereto as Exhibit "A".
Together with the right to use, in conjunction with the Owner and other Tenants, any
areas and facilities intended for common use, including but not limited to halls, passageways,
stairways, entrances, exits, driveways, restrooms, handicap stair lift and yards.
ARTICLE II - TERM
TO HAVE AND TO HOLD the demised premises unto the Lessee for a term of one (1)
year commencing September 1, 2010, terminating on August 31, 2011. Lessee must
notify, in writing, Lessor of its intent to renew this Lease ninety (30) days prior to the expiration
of the Lease. If at the time of said notice of intent to renew Lessee is in violation of any
provision of the Lease, Lessor may refuse to permit Lessee to renew the Lease.
ARTICLE III - COMPUTATION OF ANNUAL RENTAL
The rent to be paid by Lessee to Lessor during the term of this lease shall be as follows:
For the year term of the lease from September 1, 2010 through August 31, 2011 rent
shall be paid at the rate of $119.00 per month, or $1,428.00 annual.
Lessee shall pay all rentals herein required in advance on the first day of each and every
month 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.
Late payments shall be subject to an additional interest charge of one and one-half per cent
(1.5%) per month to the date of payment.
ARTICLE IV — USE. OCCUPANCY AND ALTERATIONS TO PREMISES
A. Lessee shall have the right to use, occupy and maintain the premises herein
described in a reasonably businesslike, careful, clean, and reasonably safe manner for the
purposes of having an office and storage space, and for no other purposes whatsoever without
the prior written consent of the Lessor whose consent shall not be unreasonably withheld.
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.
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 are obeyed.
D. 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 Director which
shall not be unreasonably withheld, and provided that such alterations, additions and
improvements do not weaken the structural integrity of the buildings, 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.
E. Lessee shall have the right to erect signs on the leased premises subject to the
prior written approval of the Airport Director provided that such signs comply with the City's
sign Ordinance and applicable F.A.A. Regulations.
F. 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 purposes of maintenance, repair, correction or inspection. For purposes of this
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paragraph, "reasonable notification" shall include any actual notification to the Lessee or its
agent not less than one business day prior to the date of inspection. "Reasonable times" shall
mean any time during Lessee's regular business hours, or during normal weekday business
hours if Lessee shall cease operations.
ARTICLE V — HAZARDOUS WASTE
Lessee hereby covenants and agrees that it shall not, during the term of this lease,
including any extension of renewal hereof, permanently place, cause to be placed, deposit or
discharge any hazardous waste upon the demised premises, or upon any other portion of
Lessor's Bangor International Airport, and further expressly agrees that it shall indemnify Lessor
from any and all costs, expense or liability, of whatever kind or nature, incurred by the Lessor in
detecting, evaluating, removing, treating, disposing of or otherwise responding to any
hazardous waste place d or deposited in violation of this paragraph.
Lessee hereby covenants and agrees that it shall not, during the term of this lease,
including any extension or renewal hereof, violate any local, state or Federal regulation,
ordinance or statue pertaining to hazardous waste or hazardous material and further expressly
agrees that it shall indemnify Lessor from any and all costs, expense or liability, or whatever
kind or nature, incurred by the Lessor for any such violation.
Such costs shall be deemed to include, without limitation, Lessor's costs of defending
any suit filed by any person, entity, agency, or governmental authority; paying any fines
imposed in connection with such suit; paying any judgements or otherwise settling any damage
claims; complying with any order by a court of competent jurisdiction directing the Lessor to
take remedial action with respect to such waste; and of all associated attorney's fees and costs.
For the purposes of this paragraph, the term "hazardous waste" shall be deemed to
include every substance now or hereafter designated as a hazardous waste under any
provision of State of Federal law. Lessee's obligations under this paragraph shall be deemed
to survive the expiration or termination of this Lease.
ARTICLE VI — LIABILITY AND PROPERTY DAMAGE INSURANCE
The Lessee during the entire term of this Agreement, or any extension thereof, shall
maintain, at its sole expense, insurance of the following types with companies authorized to do
business in the State of Maine, and for the protection of the City of Bangor, who shall be named
as an additional insured 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 form
acts, omissions, negligence or otherwise of the Lessee, its directors, officers, employees and
agents and arising from Lessee's use of the premises or any part or portion thereof.
Comprehensive Public Liability
Bodily Injury
$10,000,000 each occurrence
Property Damage
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$10,000,000 each occurrence
Worker's Compensation Insurance
$1,000,000 each occurrence
Lessor shall not be required to provide insurance coverage and shall have no
responsibility for any property owned by the Lessee or third parties which may be located on
the demised premises. Lessee shall cause to be furnished to the Lessor evidence in the form of
certificates of insurance of the existence and continuance in force of the insurance required
hereunder. Lessor shall be notified of any changes or discontinuances of coverage.
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 for personal injury 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 Lessor's maximum liability for such claims under the Maine Tort Claims Act.
ARTICLE VII — INDEMNITY
A. General Indemnification — Lessee shall defend, indemnify, and hold Lessor, and
its inhabitants, officers, employees and agents completely harmless from and against any and
all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or
death of any person 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 agreement and/or the
use, occupancy, conduct, or management of the leased premises or the acts or omissions of
Lessee's officers, agents, employees, contractors, subcontractors, licensees, or invitees, unless
such injury, death, or damage is caused by the negligence of the Lessor. The Lessee shall give
to Lessor reasonable notice of any such claims or actions. The Lessee shall also use counsel
reasonably acceptable to Lessor in carrying out its obligations under this Article.
B. Lessee's Waiver of Workers' Compensation Immunity — The Lessee hereby
expressly agrees that it will defend, indemnify and hold the City of Bangor, its inhabitants,
officers, employees and agents completely 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, the Lessee hereby expressly waives any and all immunity it may have
under the Maine Workers Compensation Act in regard to such claims made or asserted by the
Lessee's agents, servants or employees. The indemnification provided under this paragraph
shall extend to and include any and all costs incurred by the City of Bangor to answer,
investigate, defend and settle all such claims, including but not limited to the City of Bangor'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, servants or employees
against the City of Bangor in regard to claims made or asserted by such agents, servants, or
employees.
ARTICLE VIII — DAMAGE BY FIRE OR OTHER CASUALTY
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Lessor is not required to insure the demised premises against loss by fire and the
extended coverage usual in such insurance. In the event of destruction or damage of buildings
owned by Lessor on the demised premises, or to any part thereof, and as often as the
improvements shall be damaged by fire or other casualty, Lessor shall have the right, but not
the obligation to rebuild and repair the building for occupancy. If Lessor elects not to rebuild
and repair, it shall so notify Lessee within thirty (30) days or more expeditiously if possible of its
decision. In the event the damages are of such extent as to reasonably prevent Lessee from
operating within the demised premises, then Lessee shall have the right to terminate this Lease
and shall notify Lessor within the aforementioned time period, and Lessee's obligation to pay
rent as herein above provided shall terminate upon receipt of such notice by the Lessor and
surrender of the premises by the Lessee.
ARTICLE IX — RULES, REGULATIONS AND LAWS
A. The premises herein leased are located upon the property of the Lessor and
commonly known as Bangor International Airport. Therefore, the Lessee hereby agrees to obey
and to cause all personnel employed by the Lessee to obey all municipal ordinances, and all
State and Federal rules, regulations, or laws pertaining to the operation of said Airport and
Lessee's use and occupancy of the demised premises. In addition, Lessee shall obey and
observe all reasonable orders, rules and regulations of the Airport Director not inconsistent with
this Lease or with the aforesaid rules and regulations which are uniform, and which apply
equally to all tenants, invitees and users of the Airport and their employees.
B. Further, it is understood and agreed that Lessor retains a right for the passage of
aircraft ("aircraft" being defined as any contrivance now known or hereafter invented, used or
designed for navigation of or flight in the air) by whomsoever owned and operated, in the
airspace above the property above 342.4' MSL to an infinite height together with the right to
cause in all airspace above the property such noise, vibrations, fumes, dust, fuel particles and
all other effects that may be caused by the operation of aircraft landing at, or taking -off from,
or operating at or on the Airport and Lessee does hereby fully waive, remise and release any
right or cause of action which it may now have or which it may have in the future against
Lessor due to such noise, vibrations, fumes, dust, fuel particles, and all other effects that may
be caused by the operation of aircraft landing at or taking -off from or operating at or on the
Airport. The Lessee specifically agrees to make no claims in any form for damages or
reimbursements against the Lessor or against the United States Government for any reason or
cause resulting from noise generated from Airport uses.
C. Lessee will not use or permit of suffer the use of the leased property in such a
manner as to create electrical interference with radio communication between any installation
upon the Airport and aircraft, or as to make if difficult for flyers to distinguish between Airport
lights and others, or as to impair visibility in the vicinity of the Airport, or as otherwise to
otherwise endanger the landing, taking off or maneuvering of aircraft.
ARTICLE X — TAXES
It is covenanted and agreed that 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
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this lease, by any governmental authority upon the demised premises are the responsibility of
the lessor. It is expressly agrees that such taxes and assessments shall include all amounts
levied as real estate or other property taxes upon the demised premises by the Lessor acting in
its governmental capacity.
Lessee further covenants and agrees to pay when due any and all taxes an/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 on Lessee's
personal property located on the demised premises.
Lessee further hereby waives any and all rights or privileges of exemption from taxation
on the demised premises and on any personal property located therein arising due to public
ownership of the demised premises by the City of Bangor. Provided, however, nothing herein
shall be deemed to prohibit the Lessee from contesting the assessed valuation of such property
in the same manner as provided by law under Title 36, Maine Revised Statutes, for other non-
exempt properties and taxpayers.
ARTICLE XI — NONDISCRIMINATION
Lessee for itself, its personal representatives, successor in interest and assigns, and as
part of the consideration hereof, does hereby covenant and agree that: (1) no person or group
of persons on the groups of race, color, age, sex, handicap, or national origin, or in any other
manner prohibited by law, shall be excluded from participation in, denied the benefits of, or be
otherwise subject to discrimination in the Lessee's use or occupancy of said demised premises;
(2) in the construction of all improvements, buildings, structures, on. Over or under such land
and the furnishing of services thereon, no person or group of persons on the grounds of race,
color, age, sex, handicap, or national origin or in any other manner prohibited by law, shall be
excluded from participation in, denied the benefits of, or be otherwise subject to unlawful
discrimination in the Lessee's use or occupancy of the demised premises; and (3) Lessee shall
sue 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. In the event of breach of any of the above nondiscrimination covenants, the Lessor
shall have the right, after failure of Lessee to rectify such breach within thirty (30) days after
receipt of notice from Lessor, to terminate this Lease. Provided, however, that Lessor shall not
have the right to terminate the Lease under this Article with respect to any complaint of
discrimination which is pending final resolution or adjudication before any agency or court of
the State of Maine or the Untied States.
ARTICLE XII — COVENANT 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 their 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 hindrance or rejection by the
Lessor or any other persons.
ARTICLE XIII — 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, or against any buildings, structures or improvements located
thereon, 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 XIV — MAINTENANCE AND REPAIRS
A. Lessee shall, at its sole expense and cost, throughout the term hereof or any
extension, keep and maintain the following in the demised premises: all fixtures, including
electrical, doors, windows, floor and floor coverings, ceilings, walls, and interior paint surfaces
in good order and repair, and in tenantable condition, damage by accidental fire and casualty
and reasonable wear and tear, as defined in this Article excepted. Lessee will also be
responsible for cleaning of the demised premises and rubbish removal.
B. Lessor shall, at its sole expense and cost, throughout the term hereof or any
extension, keep and maintain the following in the demised premises: The building's major
structural components: roof, structural walls, foundation, operating systems, including hearing,
plumbing, and electrical systems except fixtures, exterior paint surfaces in good order and
repair, and in tenantable condition, damage by accidental fire and casualty and reasonable wear
and tear, as defined in this Article excepted. Lessor will also be responsible for maintenance of
parking areas, grounds landscaping, and snowplowing.
C. The phrase "reasonable wear and tear" as used in Paragraphs A and B of this
Article as an exception to the obligations of the parties shall not be construed to relieve the
parties of their responsibility for providing repairs of a routine and regular nature which may
from time to time be necessary within their respective areas of responsibility, nor of the
obligation to provide maintenance to the demised premises of a nature and degree ordinarily
sufficient to prevent damage, breakdown, failures, malfunctions or disrepairs.
ARTICLE XV — UTILITIES
Lessor shall pay the cost of the following utilities furnished and consumed on the
demised premises: electricity, fuel oil, and water and sewer user fees. Lessee accepts all utility
fixtures as they now exist. Lessee agrees to provide own secured phone and internet service.
ARTICLE XVI — REMOVAL OF PROPERTY
A. Ownership of permanent improvements to the demised premises, which may
from time to time be made by Lessee that are affixed to the property and are an integral part of
the operating systems of the structure as opposed to movable personal property, shall
automatically vest in the Lessor as a consideration of the lease and rental schedule.
B. Any movable personal property that may be located, erected or installed on the
demised premises by Lessee from time to time during the term of this Lease shall remain the
property of the Lessee, and, upon termination or expiration of this Lease, Lessee shall have the
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right to remove the same from the demised premises within thirty (30) days of said termination.
Any such property not so removed within thirty (30) days from the date of termination, shall
become the property of the Lessor be disposed of in such way as the Lessor may deem fit. In
the event Lessee elects to remove said non -permanent improvements and other personal
property, the demised premises shall be returned as near as possible to their original condition
existing at the commencement of this Lease, damage by accidental fire and casualty and
reasonable wear and tear excepted.
C. In the event Lessee shall fail to remove any non -permanent improvements or
other personal property within thirty (30) days from the date of termination or final expiration
of this Lease, Lessor shall be entitled to recover from the Lessee, Lessor's reasonable costs
incurred in removing or disposing of such non -permanent improvements or personal property.
In such event, there shall be deducted from Lessor's costs the fair value to the Lessor actually
realized from sale, use or other disposition of the particular improvements or personal property
concerned.
ARTICLE XVII SURRENDER OF POSSESSION
Subject to the provisions contained in Article XVI, the Lessee shall, upon the termination
of this Lease, surrender the quiet and peaceable possession of the demised promises.
ARTICLE XVIII — 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 that
this lease is specifically made subject 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 the
leased premises. Should the United States of America or any agency thereof exercise any such
rights in or to said premises, the exercise of such right or rights shall not be considered to be a
breach by the City of any covenant or obligation hereunder. If the exercise of such right or
rights by the United States of American or any agency thereof makes impractical in Lessee's
sole opinion Lessee's intended use of said premises, then Lessee shall have the right, at its sole
option, to terminate this Agreement 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 XIX — TERMINATION
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 for a period of ten (10) days after written notice
thereof by Lessor; or
(2) If Lessee shall neglect or fail to perform or observe any of the other covenants,
terms, provisions, or conditioned on its part to be performed, or observed, and such neglect or
failure shall continue for a period of thirty (30) days after written notice thereof by Lessor, or if
such covenants, terms, provisions or conditions cannot be performed of observed within said
10 `61
thirty (30) day period, if Lessee fails to diligently prosecute the curing the such neglect or
failure; or
(3) If the estate hereby created shall be taken on execution or by other process of
law; or
(4) If any assignment shall be made of the property of the Lessee for the benefit of
creditors; or
(5) 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
(6) If a petition shall be filed for a reorganization of the Lessee or if the lessee shall
file a petition for reorganization or for arrangements under any provision of the Bankruptcy Act
now or hereafter enacted.
THEN, IN ANY OF SAID CASES OUTLINED ABOVE (notwithstanding any license of any
former breach of covenant or waiver of the benefit hereof or consent in a former instance), the
Lessee may be considered in default hereunder, and 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. Upon such entry, this Lease shall terminate, and the Lessee
shall be liable to pay as rent, amounts equal to the several installments of rents and other
charges reserved as would have become due under this Lease if this Lease had not been
terminated or if the Lessor had not entered or reentered as aforesaid. Notwithstanding the
foregoing, Lessee's liability shall not exceed the difference, if any, between the rental which
would have been due had there been no such termination, and the amount being received by
Lessor as rent from any new tenant or occupant of said premises. In order to mitigate Lessee's
damage hereunder, Lessor agrees to make every reasonable effort to secure subsequent
tenants, at a rental equal to the then prevailing local rate for the demised premises.
ARTICLE XX ATTORNEY'S FEE
The Lessee shall pay to the Lessor a reasonable attorney's fee in the event the Lessor
employs an attorney to collect any rent due hereunder and secures a judgment in connection
with collection of said rent, or legal process is levied upon the interest of the Lessee in the
Lease or in said premises, or in the event Lessee violates any of the terms, conditions or
covenants on the part of the Lessee herein contained, provided also that Lessee shall have
failed to promptly correct the violation of any term, condition or covenant after receipt of notice
that it is in violation thereof.
In the event Lessor employs its City Solicitor or an assistant solicitor to collect rents or
otherwise protect Lessor's interests under this Lease, "reasonable attorneys fees" under this
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Article shall mean the reasonable cost of services provided by Lessor's Solicitor or assistant
solicitor, at the rate charged for similar services by private attorneys in the Bangor area.
ARTICLE XXI — ASSIGNMENT, SALE AND SUBLETTING
The Lessee shall not at any time assign, sell, convey or transfer this Lease or any
interest therein, or sublease or sublet or rent the premises, or any part thereof, without the
prior written consent of the Lessor. In the event of an approved sublease, all provisions of this
Lease shall extend to, bind and inure to the benefit of not only the Lessor and Lessee but also
their successors and assigns.
Lessee shall have the right to assign this Lease to any corporation with which it may
have become merged, consolidated, or otherwise associated, or to any corporation or holding
company having the controlling interest in the Lessee, or to any corporation which may be a
subsidiary of the Lessee. In no event, however, shall the Lessee named herein be relieved from
any obligations under this Lease by virtue of any such assignment or subletting.
ARTICLE XXII — AUTHORITY TO ENTER INTO AGREEMENT
The Lessor hereby represents and warrants that it has taken all necessary procedural
and legal steps as required by federal, state, and local laws and regulations for the purposes of
authorizing the execution of this agreement and that execution of this agreement by the City of
Bangor City Manager renders this agreement a valid and binding document of the part of the
Lessor and that the same is fully enforceable in all of its terms and conditions by the Lessee.
Lessee hereby represents and warrants that it has taken all necessary procedural and
legal steps as required by federal, state, and local laws and regulations, and all necessary
corporate action to authorize the execution of this agreement by its undersigned corporate
officers and that upon such execution this agreement is a valid and binding document of the
part of the Lessee and that the same is fully enforceable in all of its terms and conditions by the
City of Bangor.
ARTICLE XXIII — WAIVER
Failure on the part of the Lessor to complain of any action or nonaction 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 other provisions hereunder, and that a waiver at any time of any of the provisions hereof
shall not be construed at any subsequent time as a waiver of the same provisions. The
approval of Lessor of any action by the Lessee requiring the Lessor's consent or approval shall
not be deemed to waive or render unnecessary the Lessor's consent or approval of any
subsequent similar act by the Lessee.
ARTICLE XXIV NOTICES
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:
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Airport Director, Bangor International Airport, 287 Godfrey Boulevard, Bangor, Maine 04401.
Notices to Lessee are to be sent by registered or certified mail, return receipt requested,
postage prepaid, addressed to:
AIRNET, Attn: Ms Julie Jones, PO Box 1013, Bangor, Maine 04401
Or to such other respective addresses as the parties may designate to each other in writing
from time to time.
ARTICLE XXV — INVALIDITY OF PARTICULAR PROVISIONS
If any term or provisions of this Lease or the application thereof to any person or
circumstances is hereafter determined to be to any extent 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 is held invalid or unenforceable shall not be affected
thereby and such term and provision of this Lease shall be valid and be enforceable to the
fullest extent permitted by law.
ARTICLE XXVI — CONSTRUCTION
The headings appearing in the Lease are intended for convenience and reference only,
and not to be considered in construing this Lease.
ARTICLE XXVII — NO PARTNEERSHIP OR 30INT VENTURE CREATED
Nothing contained herein shall be deemed or construed as creating the relationship of
principal and agent or of partnership or of joint venture between the parties, it being
understood and agreed that neither the method of computation of rent nor any other provision
contained herein not any acts of the parties shall be deemed to create any relationship between
the parties other than the relationship of landlord and tenant.
ARTICLE XXVIII — 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 XXIX — AMENDMENT TO LEASE
This Lease contains all the terms and conditions between the parties hereto and no
alterations, amendments or additions hereto shall be valid unless in writing and signed by both
parties hereto.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written above.
CITY OF BANGOR
Date:
By:
Witness
AIRNET
Date:
Rebecca L. Hupp
Its: Airport Director
By: _
(name)
(title) _
Witness
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