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HomeMy WebLinkAbout2006-05-08 06-176 ORDERItem No. Date: May 8, 2006 06 176 Item/Subject: ORDER, Authorizing First Amendment to Agreement of lease with BAPS, Inc. for Food and Beverage Retail Opemtiore at Bangor International Airport. Responsible Department: Bangor International Airport Bangor Airport Focd Service (BAPS), Ind. currently has a concession agreement with the City to operatethefood and beverage retail operation at the airport including fine Red Baron res[auramand the Coffee Shop. The Coffee Shop operates from 4 a.m. to 7 p.m. to offer early breaRfasfs and snacks for departing passengers. The restaurant and lounge operates from 11 a.m, to 7 p.m. to offer lunches and light dinners. BAFS also opens the shop In the International Transit Lounge for milliary and charter Flights as needed. The hours of operation were implemented over five years ago in recognition that there Is very limited business after the lag scheduled departure at 5:45 p.m. Vending machines are avallable In the baggage Balm areas for greeters and arriving passengers(or those awaiting their arrival). In addition, the restaurant in the Sheraton is open until 11 p.m. and serves a full menu. The original lease agreement required the concessions to remain open from one hour before the first scheduled flight to within one hour of the lag scheduled landing. The last Flight arrival is now 11:26 p.m. Given the difference between the language of the lease and current operations, the proposed lease amendment would adjust the lease to recognize current commercial realities and also allow for future adjustments to hours of operation should circumstances and business levels change. Ace"ofthe amendment Is attached as Is a summaryof the resultsof a survey of hours of operation of similar concessions at other regional airports. This amendment has been reviewed! by the Transportation and Infrastructure Committee, which recommends your approval. Arepresentztiveof BAPS was in attendance at me Committee meeting to discuss this amendment and levels of business activity after the tag scheduled departure. Amclated Information: Lease amendment, survey Department Head s Finance Director _ Passage _ first Reading Page _ of _ Referral 66 176 C�°='�" AaigMdto Comwibr 0ratrlck May a. 2006 y a CITY OF BANGOR (TITLE.) ORDER, Authorizing First Amendment to Agreement of Lease with BAFS, Inc. for Food and Beverage Retail Operabons at Bangor International Airport. BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the Oty Manager is hereby authorized t0 execute a First Amendment to Agreement of lease with BAFS, Ix far Food and Beverage Retail Operations at Bargor IMernMlonal Plrpprt, a ropy of which is attttMd W and incorporated herein. I CTTY WWCIL May 6. 2006 Motion Made and seconded for Passage Pee d SY th... A 06-1]6 OADMA 1t1116d Authorizing nrst Amendment to Agreement Of�6�S Z far Food and Beverage Retail Operations at Davgor Interwtiom rport 06-176 This First Amendment to Agrewent of Lease, executed this _ W day of� 2006 by and between: CITY OF BANGOR a municipal corporation organized and causing order and by virtue of the laws of the Suite of Maine, mail having its principal offices m 73 Harlow Sired, Bangm, Maine (hereinafter refund to as'Ussm ); BAFS, Inc., a commotion organized and existing order the laws of the State of Maine, and having a regular place of business d 61 Florida Ave., Cowry of Penobscot, State of Maine (baeivaRer referred to as "Lessee'D WITNESSETH: WHEREAS, the City of Burger is the owner of an airport commonly known as 'Sanger latematioml Airport", formerly known so Dow Air Force Base, landed in Me City of Barden, County of Penobscot, State of Maine, and WHEREAS, by Agreement of Lease, dated lauuery 10, 2000 the parties agreed that the demised premises, during the tern hereof shay be used and occupied by the Lessee only as a band and beverage relml opemfioa and for in other purpose or purposes; and WHEREAS, the parties hereto wish to amend said Agreement of Lease; and NOW THEREFORE, the parties do mutually agree that the Agreement of Lease dated lanoary 10, 2000 be and hereby is fmtha amended as follows: (1) Firm Article 1: Miscellaneous Previsions, Section 4 be amended by deleting the following: "Except as hereinafter provided in this Section, the Lessee shall be marl ' for business seven(7)days a week, opening one (1) hoar before the fust scheduid airline flight mail closing within one (1) hen¢ after the Hording of fire last scheduld airline flight." and replacing it with the following: "The Concessionaire agrees that during the term ofthis louse, the concession booby granted shall be open, equipped, operated and sufficiently staffed by qualified personnel for seven business (7) days a week, opening one (1) how before the first scheduled domestic airline departure and closing within one (1) how after the last scheduled domestic airline departure. The paries way mutually agree to atter these rimes as public need and demand require." THAT except for the foregoing, said fedenbud of Lease, dated January 10, 2000, betweenthe City of Bangor and BAFS, Inc. Brill r®ain in Lillf and effect in all other respens between the uvdusi�ed. WW FESS WHBBEOF, the parties hereto have sal their hands and sealsthe day and - year wrinenabove. CStvot Baunor: By As City Mana8rr BAFS.Ine.: Dade: /Z /9G By: AllodEW President 06,176 li SAs 1—moi