HomeMy WebLinkAbout2006-06-26 06-240 ORDERItem No, 06 240
Dace: June 26, 2006
Item/Subject: ORDER. Authorizing the City Manager and/or Airport Director to
l iecute an Indenture of lease between the City of Bangor and Word Airways, Inc. for
Room 184 in Bangor International Airport.
Responsible Department: Airport
Commentary:
World Airways, Inc. is a major customer of Bangor International Airport, engaging in
charter military Flights. World Airways is changing their route structure and will be
utilizing BGR more frequently necessitating the need to station one of their own alroraft
mechanics at Bangor International Airport, World Airways will still require an Airport
mechanic in attendance at every Flight as current procedures dictate.
In order to station their own mechanic here, World Airways requires office space. The
Airport has space available under the international terminal pier that is currently
unused. The attached order authorized the City Manager or Airport Director to execute
a lease with World Airways, Inc. The term is for one year with Five, one year
extensions available.
Manager's Comments:
This has been reviewed and is recommended by Transportation and Infastructure.
Budget Approval:
% Passage
_ First Reading
Referral
Department Head
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City Solicitor
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CITY OF BANGOR
(TITLE.) ORDER, Authonzing the City Manager and/or Airport Director W Execute a Lease
between the City of Bangor and Wotld Airways, Inc. for Room 184 in Bangor International
Airyort
WHEREAS, World Airways, Inc. operates as a mllltary airline charter business; and
WHEREAS, Watltl Airways, Inc. Wishes to maintain office spare at Bangor International
Airport; and
WHEREAS, it is mutually benencal for the City and World Airways, Inc. to have World Airways,
Inc. at Bangor International Airport)
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT,
The City Manager or Airport Director is hereby authorized and directed m execute an Indenture
of Lease between the City of Bangor and World Airways, Inc. for Room 189 in Bangor
International Airport.
fEEELC.) boil /
r Aiprot Director to Execute a lease
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Afruays, xoc. for Eoom 184 in Bangor
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06 240
INDENTURE OF LEASE
THIS INDENTURE OF LEASE, executed this day of ,
by and between:
CITY OF BANGOR, a munidpal corporation, organized and existing under the laws of
the State of Maine, and hating Its principal offices at 73 Harlow Street Bangor, Maine,
(hereinafter sometimes referred to as "Lessor")
AND
World Airways, Inc. a corporation duly organized and existing under the laws of the
state of Georgia, and having a regular place of business at HLH Building, 101 World
Drive, Peachtree City, Georgia 30269 (heremafter sometimes referred to as "Lessee')
WITNESSETH:
WHEREAS, The City of Bangor is the owner of an airport commonly known as"Bangor
International Arport", formerly known as Dow Air Force Base, locatetl 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 International Arrivals Building as depicted
in Exhibit A in the Bangor International Airport complex to operate and maintain office and
storage space.
NOW, THERFORE, the parties do mutually agree as follows:
ARTICLE I - PREMISES
The Lessor, for and in consiceratlon 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. 192 sq, ft. of office space in the pier area of the International Arrives
Building, spedfically room 189.
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, restmoms, handicap stairli(t and yards.
ARTICLE II - TERM
TO HAVE AND TO HOLD the demised premises unto the Lessee for a term of one year
commencing Ja/y04 2006and terminaling on Jvm M, 2007. At the Lessees option, and
subject to the provision of this lease, the lease may be renewed for up to five extensions of one
year each, provided, however that'd Lessee is in violation of any provision of this Lease at the
tlme of said notice, Lessor may refuse W extend the Lease. Lessee must notify, In writing,
06 24(.
Lessor of im intent to exercise each extension of this Lease thirty (30) days prior m the
expiration of the Lease, or Me expiration of an extension thereof.
In Me event that Lessee ceases operations at the Airport, Lessee shall have Me right to
terminate this lease without penalty with a sixty (60) day written advance notice.
ARTICLE In - WMPtITATION OF ANNUAL RENTAL
The rent to be paid by Lessee to lessor during the term of this lease shall be as follows:
For the original year term of the lease from July 1, 2006 through Jum 30, 2007
rent shall be paid at Me mice of $45aW,Ianr month.
During any extension period, Me monthly rental rate will be determined as follows:
The monthly lease payment of the previous period plus,
The product of monthly lease payment of the previous period multiplied by the annual
percentage change in the Consumer Rice Index, Me All Items expenditure category, for
Me period April 2006, defined as Me beginning month to April 2007, defined as the
ending month.
The annual percentage change Is calculated by subtracting Me value of the index on
beginning month, from the value of the index on Me ending month and dMding the
remainder by Me value of the index on beginning month. The annual percentage change
will be the percent resulting from Me above calculation but in no case greater than three
(3%) percent.
The term "Consumer Price Index" is the"monthly unadjusted Consumer Price Index for
All Urban Consumers (CTI -U)" published by Me United State Department of labor,
Bureau of Labor Statistics.
For each subsequent renewal ten after the first, the same formula shall be used, using
April of Me year preceding the beginning of Me term as the "beginning month" and April
of Me year of the beginning of the term as Me "ending month" in Me formula.
In Me event that the CPI -U index should cease to be publisbed during the term of this
lease, the rental adjustment for the period shall be calculated as stated above by
reference to the annual percentage change in any substitute Index published by the U.S.
Dept. of labor or other reliable source which authoritatively represents the annual
change in urban consumer prices in the United States.
Lessee shall pay all rentals herein required in advance on the first day of each and every
month without prior demand therefore, 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 IY—USE. OCCUPANCY AND ALWUnONS M PRE
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 Eangor Intemational 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 nay such work shall he done entirely at the
Lessee's own e;pense 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. Lesson, through its agents, shall have at all reasonable times the right, upon
reasonable notification ro the Lessee, an 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 inspeRion. For purposes of this
paragraph, "reasonable notification" shall include any actual notification to the Lessee or its
agent not less than one business day prior to the data of inspection. "Reasonable times" shall
mean any time during Lessee's regular business hours or during normal weekday business
hours W Lessee shall cease operators.
Lessee hereby covenants and agrees that it shall not, during the term of this lease,
including any extension of renewal hereof, permanently Marc, cause th be placed, deposit or
discharge any hazardous waste upon the demised premises, or upon any other portion of
Lessons Bangor International Airport, and further expressly agrees that it shall indemnify Lessor
from any and all casts, expense or Iiatility, of whatever kind or nature, inured by the Lessor in
derecting, evaluating, removing, treating, disposing of or otherwise responding to any
hazardous waste place d or deposited in violation of this paragraph.
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Lessee hereby covenants and agrees that it shall not, during the term of this lease,
inc uding any extension or renewal hereof, violate any local, state or Federal regulation,
ordinance or statue pertaining W hazardous waste or hazardous material and flutter 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 W 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 Judgments 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 attomey's fees and costs.
For the purposes of this paragraph, the term "hazardous waste" shall be deemed W
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 tens of this Agreement, or any exi ion thereof, shall
maintain, at its sale 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 W
persons whether or not employed by Lessee or damage W property whether resulting form
acts, omissions, negligence or otherwise of the Lessee, Its directors, officers, employees and
agents and arairg from Lessee's use of the premises or any part or portion thereof.
Comprehensive Public UabTN
Bodily Injury
$10,000,000 each occurrence
Property Damage
$10,000,000 each occurrence
Worker's Compensation Insurance
Lessor shall not be required to protide 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 Lessons
maximum liability for personal injury or property damage claims brought under the Maine Tort
06 240
Claims Act. In the event of such an increase, the minimum Insurance coverage required shall
be no less than the Lessors maximum liability for such claims under the Maine Tort Claims Act.
A. General Indemnification — Lessee shall defend, indemnify, and hold Lessor, and
its officers, employees and agents completely harmless from and against any and all liabilities,
losses, wits, claims, judgments, fines or demands arising by reason of injury or death of any
person or damage W any propeM, including all reasonable costs for investigation and defense
thereof (Including but net limited to attorneys fees, court costs, and expert witness fees), of
any nature whatsoever arising out of or incident m 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 roused by the negligence of the Lessor. The Lessee shall give W 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 Walver of Workers'CompensadonImmunity — 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 Me Mare Workers Comgensaton Ad in regard to such dalms made or asserted by the
Ixasse'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 W claims made or asserted by such agents, servants, or
employees.
Lessor is not required W 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 righl but not
the obligation W rebuild and repair the building for occupancy. If Lessor elects not W rebuild
and repair, It shall an notify Lessee within thirty (30) days or more expeditiously W passible of its
decision. In the event the damages are of such extent as W reasonably prevent Lessee from
operating within the demised premises, then Lessee shall have the right W 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.
06 240
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 they
and M cause all personnel employed by the Leaee to obey all munidpal ordinances, and all
State and Federal rules, regulations, or laws pertaining to the operation of said Airport and
Lessee's use and aceupancy 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
rause in all all above the property such noise, vibrations, names, dust, fuel parl and
all other effects that may be caused by the operation of aircraft landing at, or taking -off tram,
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, add 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 m 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 rites.
C. Lessee will not use or permit of suffer Me 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 far Flyers to distinguish between Airport
lights and others, or as M impair visibility In the vicinity of the Airport, or as otherwise to
otherwise endanger the landing, taking off or maneuvering of aircraft.
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
MIs 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 decked premises by the Lessor acting in
its governmental capacity.
Lessee further covenants and agrees to pay when due any and all taxes an/or
assessment;, fees, or charges of any kind whatsoever, as may he imposed during the term
hereof, or any eMenslon of the term of this Lease, by any governmental authority on Lessee's
personal property loafed on the demised premises.
06 240
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. Recycled, 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 S tutes, for other non-
exempt properties and taxpayers.
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 cite 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 M 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 W of the Civil Rights Act of 1964, and as said regulatmns may be
amended. In the event of breach of any of the above nondiscrimination covenants, the Lessor
shall have the ngh4 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 net
have the right th terminate the Lease under this Article with respect to any complaint of
discrimination which is pending final revolution 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
Lesson or any other persons.
ARTICLE MIX —LIENS
The Lessor and Me Lessee agree Mat each will promptly discharge either by payment or
by filing of the necessary bond or otherwise, any mechanic', 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.
06 240
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, inducing
electrical, all windows, floor and floor coverings, ceilings, walls, and interior paint surfaces
in gootl order and repair, and in tenantable condition, damage by accidents fire and casualty
and reasonable wear and fear, as defined in this Article excepted. Lessee shall not be
responsible for repay for electrical, plumbing fixtures or any other fixture located inside walls,
ceilings or under the floor or foundation. Lessee will also be responsible for cleaning of the
demised premises and rubbish removal.
B. Lessor shall, at its sale expense and cost, throughout the tern hereof or any
dimension, keep and maintain the following in the dismissal 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
repaiq 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 M the obligations of the parties shall not be construed M 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 ro provide maintenance to the demised premises of a nature and degree ordinarily
sufficient to prevent damage, breakdown, failures, malfunctions or disrepairs.
The cost of the following utilities shall be included in the monthly lease amount:
elecMcity, fuel oil, and water and sewer user fees. Lessee accepts all utility futures as they
now exist.
Ill #XhC ;li5la9]of i9:iil93:L'1
A. Ownership of permanent improvements to the demisetl Premises, which may
from time to brae 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 M 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
right to remove the same from the demised premises within thirty (30) days of mid termination.
Any won property not so removed within thirty (30) clays from the data of termination, shall
become the Property of the Lessor be disposed of in such way as Me Lessor may deem fit. In
are event Lessee elects to remove said non -permanent improvements and other personal
property, the demised premises shall be returned as near as possible M their original condition
06 240
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 endded to recover from the Lessee, Lessors reasonable costs
incurred in removing or disposing of such non -permanent Improvements or personal property.
In such event there shall be deducted from Lessors costs the fair value to Me Lessor actually
realized from sale, use or offer disposition of the particular improvements or personal property
concerned.
Subject to the provisions contained in Article WI, the Lessee shall, upon the termination
of this Lease, surrender Me quiet and peaceable possession of the demised promises.
ARTICLE XVIII—UNTIED STATES NIGHTS
It is understood and agreed Mat 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 Me 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 Amedwn or any agency thereof makes Impractical in Lessee's
sole opinion Lessee's intended use of said premises, then Lessee shall have the right, a[ its sole
option, to terminate this Agreement without further oUlgation to Me Lessor except for suc1N
obligations as shall have been incurred and accrued prior to the exercise of said option.
It is covenanted and agreed that:
(1) If the Lessee shall neglect or fail M 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
thirty (30) day period, if Lessee falls m 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
06 240
(4) If any assignment shall be made of the property of tlu 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 she 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 OUhi 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 M
any Ume 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 B 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 rot 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 terminator, 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
Whorls, at a rental equal to the then prevailing local rate for the demised premises.
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, proycled also that Lessee shall have
failed to promptly correct the violation of any term, condition or covenant after receipt of nMlce
that it is in violation thereof.
In the event Lessor employs its Coy Solicitor or an assistant solicitor W collect rents or
otherwise protect Lessor's interests under this Lease, "reasonable attorneys fees" under this
Article shall mean the reasonable cost of services provided by Lessor's Salidtor or assistant
solicitor, at the rate charged for similar services by private attorneys in the Bangor area.
ARTICLE MI —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
®6 240
prior written consent of the Lessor. In the event & 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 Me 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.
The Lessor hereby represents and warrants that it has taken all necessary pindm al
and legal steps as required by federal, state, and local laws and regulations for the purposes &
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 d has taken all necessary procedural and
legal steps as required by federal, state, and local laws and regulations, and all necessary
corporate action to authonze the execution of this agreement by its undersigned corporate
officers and that upon such execution this agreement is a valid and binding document & the
Nit of the Lessee and that the same is fully enforceable in all of is terms and conditions by the
City & Bangor.
Fallure on the part of the Lessor to complain & any action or oonaCtloo 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 here& by Lessor, shall be construed as a waiver of
any other provisions hereunder, and that a waiver at any tlme & any & the provisions hereof
shall not be construed at any subsequent rime as a waiver of the same provisions. The
approval of Lessor of any ad ion by the Lessee requiring the Lessors consent or approval shall
not be deemed to waive or render unnecessary the Lessors consent or approval of any
subsequent similar ad by the Lessee.
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:
Airport Director
Bangor International Airport
287 Godfrey Boulevard
Bangor, Maine 04401
06 290
Notices to Lessee are to be sent by registered or cerdfed mail, return receipt requested,
postage prepaid, addressed to:
Legal Department
World Airways, Inc.
HILL Building
101 World Drive
Peachtree, GA 30269
With a copy to:
Contracts Department
World Alrways, Inc.
HLH Building
101 World Drive
Peachtree, GA 30269
a to such other respective addresses as the parties may designate to each other in writing
from time to time.
If any term or provisions of this Lease or the application thereof to any person or
circumstances is hereafter determined to be M any extent Invalid or unenforceable, the
remainder of this Lease or the application of such terms and provisions W persons or
circumstances other Man those M which R 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 pennittaxJ by law.
ARTICLEXXVI—CONS UMON
The headings appearing in the Lease are intended for convenience and reference only,
and not to be considered in construing this Leare.
ARl XXVII— NO PARTNEERSHIP OR JOINT 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 ads of the parties shall be deemed to create any relationship between
the pardes other than the relationship of landlord and tenant.
ARTICLE XXVIII—GOVERNING UW
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.
06 24G
This Lease wntains all the terms and wndNons between the parties hereto and no
alterations, amendments or additions hereto shall be valid unless in writing and signed by both
parties hereto.
IN WITNESS WHEREOF, the parties hereto have set Meir hands and seals the day and
year written above.
CRY OF BANGOR
Date: _._.___.___.__
B.
Wihwss Rebecca L. Hupp, A.A.E.
Its Airport DireC[Or
WORLD AIRWAYS
Date: By:
Witness
Marles P. McDonald
aid Operating Officer