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HomeMy WebLinkAbout2005-04-25 05-132 ORDERCOUNCIL Item Na Date: April 25, 2005 Item/Subject: ORDER, Aubwdaing an Amendment to a Lease Agreement Between the City of Bangor and BAFS, Inc Responsible Department: Community and Economic Development/Alrpdt BAFS, Inc. wishes exercise its option ro extend the term of its lease agreement with the City of Bangor for Building #266 and #268 at 61 Florida Ave. Background BAFS, Inc. provides airline catering add food service at Bangor International Airport. They have leased Buildings #266 and #268 at fit Florida Ave. since 1977. The monthly rental amount during the prior period was $2,191.67. Terms and Conditions BAFS, Inc. has accepted the following lease rates and condlbons. There would be no other changes to the agreement. Term: Five (5) years, from January 1, 2005 to December 31, 2009. The agreement can be extended for an additional five (5) years from January 1, 2010 ro December 31, 2014. RRA: June 1, 2005 - December 31, 2009 $2,291.67 per month January 1, 2010 - Deoember 31, 2014 To be negotiated Recommendation The Board of Directors of the Beni Corporation and staff recommend approval of this lease agreement under the terms aid conditions outlined above. Department Bead Managees Comments: This has been reviewed by the Business and Economic Development Cnmmittee, which recommends your approval. The provision of catering services at Bangor International is an important element of our overallservicepackage, parbcularly as It applies to International airlines. BAFS has provided excellent service In this regard. Jry r�r��xl (JC[diE4C �(ACity/MManager Information: Budget Approval: L? r Rnanw DireQor Legal Approval: City Solicitor Introduced nor X Passage _ First Reading Page _ cl Referral 05-132 Assigned W Councilor D'Errico April 25. 2006 Ph.iu u.i CITY OF BANGOR (TITLE.) Order, Authorizing an amendment M a lease agreement between the City of Bangor and BAFS, Inc. WHEREAS, the City of Bangor owns the buildings at 61 Florida Ave., Bangor, Maine; and WHEREAS, MIS, Inc. and Its predecessors have leased Buildings #M6 and #268, at 61 Flodda Ave. since 197/; and WHEREAS, SMS, Inc. wisbes to exercise Its option to extend the tern of Its lease agreement with the City of Bangor for Building 6266 and #268 at 61 Flodda Ave. NOW, THEREFORE, BE IT ORDERED BY THE CRY COUNCIL OF THE CRY OF BANGOR THAT Me City Manager Is hereby authorized, on behalf of the City of Bangor, to execute an amendment W the lease agreement between BAFS, W. and the City of Bangor for Buildings #266 and 6268, 61 Florida Ave„ in a form approved by the City Solicitor or Assistant City Sogdtor and containing the following terms and cmlditions: A. The tens will be extended! for (5) years, from January 1, 2005 W December 31, 2009. B. The agreement can be e[ended for an additional five (5) years from January 1, 2010 W December 31, 2014. C. The lease rate far the period of June 1, 2005 - December 31, 2009 will be $2,291.67 per manor. D. The lease rate for the period of January 1, 2010 - December 31, 2014, if extended, will be negotiated. IN CITY (=NCIL April 25. 2005 p 05_132 0NDE& and BAPS. Inc. AretgnvJ to Councilor D'LA4<A SECOND AMENDMENT TO AGREEMENT OF LEASE THIS SECOND AMENDMENT TO AGREEMENT OF LEASE, executed th this « day oLrc , 2005 by and between: IsV1 CITY OF BANGOR, a municipal corporation 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"Lessoe); PPFI BAFS INC., a corporation organized and existing under the laws of the State of Maine, and having a regular place of business at 61 Florida Ave., County of Penobscot, State of Maine (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 °AllporVI; and WHEREAS, by Agreement of Lease, dated January 10, 2000 and amended August 22, 2000, the parties agreed to the lease by the Lessor of Building - #266, Building #266, and a parcel of land which abuts and is situated between such buildings for the purposes of operating a airline catering and food service facility; 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 January 10, 2000 and amended August 22, 2000 be and hereby is fu Mer amended as follows: (1) That Article II -TERM be deleted in its entirety and replaced with the following: TO HAVE AND TO HOLD the demised premises unto the Lessee for the term of five (5) years commencing January 1, 2005 and terminating on December 31, 2009. _ The Lessee can extend this agreement for a five (5) year period effective January 1, 2010 with the consent and approval of the Lessor by providing notice in writing to the Lessor at least sixty (60) days prior to the effective date of the RAPS, Inc. Second Amendment to Agreement or Lease extension and provided that the Lessee shall not be in default of this agreement in any manner at the time any option is exercised. (2) That paragraph A in Article III -COMPUTATION OF ANNUAL RENTAL be deleted in its entirety and replaced with the following: A. During the period January 1, 2005 through December 31, 2009 the minimum rent to be paid by Lessee to Lessor will be TWENTY-SEVEN 'THOUSAND FIVE HUNDRED ($27,500) DOLLARS per year paid monthly in advance on the first day of each and every month in the amount of TWO THOUSAND TWO HUNDRED AND NINETY-ONE AND SIXTY-SEVEN CENTS ($2,291.87). The parties acknowledge and agree that the rent for the extension period of January 1, 2010 to December 31, 2014, if exercised, shall be determined by the parties negotiating between themselves for the purpose of fixing a rental for the period THAT except for the foregoing, said Indenture of Lease, dated January 10, 2000 and amended August 22, 2000, between the City of Bangor and BAFS, Inc. will remain in full force and effect in all other respects between the undersigned. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written above. CITY OF BANGOR Date: U Z`S !flBE gd AUT4ttlLt City Manager BAFS, Inc. Date' By it ss) Name AL L: 1) +- Title ?n_'- , D t f,) Page 2