HomeMy WebLinkAbout2004-07-26 04-233 ORDERCOUNCIL, ACTION
Item No. 04-233
Date: July 26, 2004
Item/Subject: ORDER, Authorizing the City Manager and/or Airport Director to Execute
Indenture of Lease Agreements for the Tenants at the T Hangar Facility, Building 124, BIA
Responsible Department: Airport -
Commentary: The Hangar Facility is comprised of 10 individual bays, each requiring separate
agreements. This Order will authorize the execution of lease agreements in a form acceptable
to the City Solicitor.
Rebecca L. Hupp
Department Head
Managg's Comments:
p"7�ry
S CityManager o
Associated Information: Order, Copy of Lease Agreement
Budget Approval:
1104e.1
Finance Director
Legal Approval:
7/7
Ci solicit
Introduced for
_x Passage Consent
_ First Reading _
_ Referral
Page _of_
M-233
Assi�to Councilor 6ratvlek Jul] 26. 2004
CITY OF BANGOR
(TITLE.): Order,Authorizeu the OW
Manager and/orliie Ai Di r
cu
Exete Indenturea Leamenta forthe T flanswarFacility. BuildiI
By Dee Gly Courts/ of the City of Bar yon:
ORDERED,
WHEREAS, in May 2009, the City of Bangor, Maine, Airport Department assumed ownership
of the Aircraft Storage Hangar Facility Cr Hangar); and
WHEREAS, the T Hangar Facility Is comprisetl often (10) individual bays; and
WHEREAS, each bay and tenant will require a separate lease Agreement.
NOW, THEREFORE, BE R ORDERED V THE Q COUNCIL OF THE CM OF BANGOR, THAT
the City Manager and/or Airport Director's authored to execute Indenture of Lease
Agreements, In a farm acceptable to the City Solicitor, as shown attached for the tenants at the
T Hangar.
IA CITY W CIL
July 26, 2004
Passed # M-233
CI CL O 6 0 6?X
(TITLE,) Auimrimdng the city navger
avd/art a rpoct eccor
Indenture of Lease Agreement for the -T
Omgee e3 a WNe8 12,e all
Pui,nearocomndlo, CX k
8
06-233
of jThis Indenture of Lease, executed in duplicate, is made and entered into this 15-
1/:; 20 O�, by and between:
CM OF BANGOR amuvicipal corporation orgveized and
existing under the laws of the Side of Maine, and having its
principal offices d 73 Harlow Sleet, Bangor, Maine
(hereinafter "Lessor
and T
SRUG�_C--PthsAgscK-_-.—_— Havmg
aplaceofbusinessin eLls WMM M&igg- _
_. (herehna$er Lessee') _.. .
WHEREAS, the Lessor is the owner of land and an aviation hangar at Bangor
International Airport in the City of Bangor, Coudy of Penobscot, and State of Maine; and
_Tc
WHERBAS, BRulaee L>_. PMii-duck-.__i dd'ves to lease ahangarto
house its avcreft;
NOW, THERBFORF, in consideration of the extra herein reserved and concourses
contained herein, the CITY OF BANGOR hereby leases to�_� E PNt�ereac
the premises described below upon the foBdwing tams and wndiriuns: -r
The Lesser, for and in consideration of the rents to be paid and the obligations to be
performed by Lessee as hereinafte provided, does hereby demise and lease unto Lessee, and the
Lessee does hereby take and hire, upon and subject the terms end conditions hereinafter
expressed, the following described pwnim located off Texas Avenue, in the Bangor
International Airport in the City of Bangor, viz: ' "'
6qy 2VY_ ofBuiJ, jug/%77._ (also ¢npwq as the T Hajngaf), as
shown in ExhilshA, said Bay consisting ofapproxinrtely _
1,25Q Krone feet. Bxhibll A is attached bsrebr and beTeby
nl=omprand by rydan ce.
ARTICLE 11- TERM OF LEASE
TOHAVEAND OaH�LB the�demises andunesuarrithego Le fortlrsLee ee�5of five (5)
years, wmmweing on , S" cle Xl below. on , 31
unless sooartumivafed iv 'th Ankle XlX below.
L
LESSEE shall pay rent to Lessor the amount of 4'a; am b per year,
payable in tvelve(12) installments of ,7-5Ci. rDfor�npancy of dm
demisedprmd ,wbepadonthefnstdayofeachmon*,w odlp ordemmdtbttef. .
Renal rate will be adjusted based on the Consumer Price Indcc at the 3e month
ARTICLE N - UTILITIES
Lessee shall pay the cast of all int hies famished and consumed on the demised premises.
Lessee understands that electricity is the only utility furnished on the demised premises. Lessee
accepts all utility fixtures as they now wast. All new utility fixtures shall be installed and
maintained by Lessee. Lessee is responsible for all rubbish removal.
ARTICLE V -USE. OCCUPANCY AND ALTERATIONS TO PREMISES
A. Lessee shall bran the right to use, occupy and maintain the detained promises in
commodity busivessWm, careful, clean and reasonably safe mmaer for the purposes of parking
an aircraft owned or operated by Lessee and the storage of parts and materials for use in the
operation of said airs aft
R. Lessee is entitled to park the mound outside the bacon at no east, providing no
other aircraft occupies the leased space. Lessor iwe wthe right to charge parking has for
additional aircraft housed outside of the locust when another aircraft occupies the leased space.
C. kdamrevmce activity shall be limited in minor repairs. Major repairs such as
airframe or engine overhaul, spiny painting (other thata minor'Youch ups') is prohibited.
D. Lessee may park up to two(2)vehicles in the' GA Pairing Lof', located adjacent
to Building 123, on an overnightbasis. Emending parking (i.e., more than fve nights) must be
reported to the Airport's GA staff. Lessee hereby acknowledges that Lessor is not responsible
Im ivy vehicle in the GA parking lot.
E. Lessee may ubdan approval for ramp access for one vehicle from the Airport
Deportnent. Such vehicles must display the issued decals m all timawhen used within the
Airport's seemed area andmay not be operated outside ofthe immediate vicinity of Building
. Said vehicles must also be operated or be under the control ofaperson authorized by
the Airport Delammen[ to operate Airport access gales. Said vehicles' access shall be limited to
Gate 11. Notwithatanding any other insurance coverage required by this Lease, the owners; of
said vehicles shall cease to be finished in the Lessm, at the time of application for romp access,
evidence in the form ofcor ilicata ofinsurance of the existence in force of a minimum of
$I,O OWOofliability insurance coverage Per vehicle. Said certificates shall name Lesser as an
additional insured and loss payee. Lessor shall be notified of my change in discoMmuanca of
coverage. Lessor agrees to promptly notify said owners ofvehicles in writing of the existence or
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filing of any claim, demand or action arising out of an occurrence covered hereunder of which
Lessor has knowledge.
F. Welding equipment, pressurissd an systems, painting equipment, flammable
liquids in containers larger than one (1) titer each or five (5) liters aggregate, any equipment or
appliances designed to operate with an open flame, and any other items that pose any fire danger
are prohibited from being stored in the leased area without prior warren approval by Airport
raaoagemeal
G. Any and all electrical power or heating equipment used in the leased area must be
UL approved.
H. Lessor shall be responsible for the removal of snow from all am within the
Airport's security fence and within five (5) feet of the leased area and for the sanding of iced
apron areas within five (5) feet in front of the leased area.
1. Lessee shall have the right to make aherations and mprovemmU 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 integi y of the buildings, nm decease its fanctionsl quality or value, and
further provided that my such work shall be done enthely athe Lessee's own expense and will
include retuning disrupted surfaces on a serviceable and attractive condition.
1. No signs; shall be allowed on the demised premises.
K. Lessee shall notuse, occupy or maintain the demised premises in my manner so
as m violate my municipal, state or federal law, regulation or cml , and in particular, regulations
of the Federal Aviation Administration relating to the operation of Bangor Intavational Airport
as a public airport. Lessee shag make a good faith effort to inform its ernployees and visitors of
the rules and regulations of Barger International Airport.
L. Lessor, duough its agents, shall have at all reasonable ares the right, upon
reasonable notification to the Lessee, to go on and inspect the premises with an authorized
represenmave of the Lessee, and the right of access to utility systems located on the premises, for
inspection- For purposes of this paragraph, "reasonable mfificaaon" shall includeany actual
notification to date of inspection. "Reasonable limes"shag mem my thin during Lessee's
regular businass hours, or during normal weekday business hours if Lessee shall cease operations
or shall maintain other than warned business hours. Lessor reserves the right to effect emergency
repairs to my utility systems located on the demised premises at any fire, without prior notice or
with such notice as is reasonable given the nature of the energemy concerned, and to have
access for this purpose.
A TICLE VI -HAZARDOUS WASTE
Lessee bereby covenants and agrees that it shall not, during the terra of this Lease,
including my extension or renewal hereof, permanently piece, cause to be placed, deposit or
dischmge my hazmdous wale upon We demised premises, or upon any other portion of Lessor's
Bro gor International Airport, and father expressly agrees that it shall indemnify Lessor from
my and all cosh, expense or liability, of whatever kind or mime, inured by the Lessor in
detecting, evaluating, removing, treating disposing of or otherwise responding to any h8Tffidous
west¢ placed or deposited in violation of this Article.
Lessee hereby covenamS and agrees that it shall not, during the term ofmis Lesse,
including my extension or renewal hereof, violate my local, state or Federal regumiory
ordinance or statute pertaining to hazardous waste or intendants material and funhx expressly
agrees that it shall indemnify Lessor from any and all costs, expense or liability, of whatever
kind or nature, incurred by the Lessen for any such violation.
Such costs shall be deemed to include, without limitation, Lessor's costs of defending
my and filed by any person, entity, agency, or govemmentul authority; paying any fines imposed
in settling my damage claims complying with any order by a court of competent jurisdiction
directing the Lasser to take remedial ration with respect on such waste; and of all associated
attorney's fees and coats.
For the purposes of this Article, the term "hazardous waste'shall be deemed to include
every, substance now orbereafler designated as aha ardous waste under any provision of State
or Federal law. Lessee's obligations under this Article shall be deemed to survive the expiration
or termination of this Lease.
The Lessee, during the entire term of this Lease, or any extension hereof, including my
holdover fenamy following regular expiration or early lamination hereof, shell maintain, 9 its
sole expense, insurance mthe type and amount shown below with companies authorized to do
business in the State of Maine for the protection of Lasser against any and all liability, including
wrongful death, against all claims, losses, costs or expenses arising out of injuries to persons
wbefurr or not employed by Lessee or damage in property whether resulting land 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 pan or portion tbereof.
Lessee shall cause to be furnished to the Lessot, 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 insurN and loss payee.
Lessor shall be notified of my changes or discontinuances of coverage. Lessor agreesto
promptly notify Lessee in writing of the existence or filing of my claim, demand or action
raising our of an occurrence covered hereunder of which Lessor has knowledge, and to cooperate
with I essm in the investigation and defense thereof
The minimum insurance coverage required under Us Article shall be deemed to be
automatically adjusted whether the Maine State Legislature shall increase the Lessor's maximum
liability beyond such mrvimums for personal injury, wrongfrl death or property damage claims
brought under the Maine Tort Claims Act. in the event of such an increase, the minimum
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insurance coverage cegvmed shall be no less than the amounts required herein or no less than the
Lessor's maximum barbty for such claims under the Maine Tort Claims Ac4 whichever is
greater.
Type Amount
Liability $400,000.00
Lessor shall maintain comprehensive liability msmance coverage for the building, but
shall not be held responsible for any harm or damage caused by an "act of Gad", including, but
not limited 0, unusual wind storms, floods, earthquakes, and snowdce storms.
During the term of this Lease and during my extensions or renewals hereof, including .
my holdover tenancy fillow g regular expiration or early termination haircut Lessee shall
defend, indemnify, save and hold Lessor, and its inhabitants, officers, employees and agents
completely hornless from and against my and all liabilities, losses, suits, claims, costs,
expenses, judgments, fines or demands arising by reason of injury to or death of, or assented by,
my person or persons, including Lessee's agents, clients, invitees or employees, or damage to
my property, including all reasonable cons par investigation and defense thereof (including but
not limited to mtomeys' fres, court costs, and expert witness fees), of my nature whatsoever
arising our of or incident to this Lease and/or the use, occupancy, conduct, or management of the
demised premises or the acts or omissions of Lower's officers, clients, agents, employees,
contractors, subcontractors, becomes. or invitees, unless 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 my such claim or actions. The Lessee shall also
use counsel reasonably acceptable to Lessor in carrying out its obligations under this Article.
During the two of this Lease anti during my contusion or renewals hereof, including
my holdover company following expressly agrees that it will defend, indemnify, save and hold
Lessor hornless Eon any pad all chains made or inserted by the Lessee's agents, servants or
employees arising on of the lessee's activities ander this Lease. For this ouroose. Lessee
under applicable law as to any and au clams of arty 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 lndenmfiemon provided under this Article shall extend to and include
army and all costs incurred by the Lessor m ansuer, investigate, defend and settle all such claims,
including but not limited to, Lessor's costs for attorneys' fees, expert and other witness fear, the
cost of investigators, and payment in full of my and all judgments rendered in favor of the
Lessee's agents, invitees, licensees, clients, servants or employees against Lessor in regard to
In exercising the rights granted order 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 ow, or purport an set as an agent, cuntracmr, co-parmer,joimventme or employee of
Lessor.
ARTICLE IX -RULES REGULATIONS AND LAWS
A. The premises bottom leased are located upon the property of the Lessor and
=oNylno wBangorlmernatioml Airport Therefore,the Lesseeherebyagreestoobey
and observe, and on cause all persmmel employed by the Lessee to obey and observe all
municipal ordinances, and State and Federal laws peal g to the demised premises. ]n
addition, Lessee shall obey and observe all masmuble orders, rales and regulations of the Airport
Director not inconsistent with this Lease or with the aforesaid rules and regulations which are
uniform, and apply to all Lessees, invitees ad users of the Airport and their employees.
B. Lessee will not use or permit to suffer the we of the leased property in such
moment as to create electrical inter ce with radio contaminations between any install men
upon the Airport and sircmft, or as to make it difficult far flyers to distinguish between Airport
lights and others, or as m impair visibility mthe vicinity ofthe Airport, or as otherwise to
endangerthe landing, taking off ormaneavexing of aircraft. Further, Lesmr remora arigbtfm
thepassage of aircraft tomerrah" being defined as my contrivance now known orhaaafter
invented, used or designed fir navigation of or flight in the air) by whomsoever owned and
operated, in the airspace above the property above 342.4' MSL, to an mature height together
with the vibrations, fomes, dust, fuel particles and all other effects that may be caused by the
operation of aircraft landing at or takeoff from or operating at or on the Airport and Lessee does
hereby fully waive, remise mad release my right or cause of action which they may now have or
which they may have in the fugue against Lessor due to such noise, vibrations, manes, dust, fuel
particles, and all other effects that may be owned by the operation of aircraft landing at or
takeoff from or operating m or on the Airport.
ARTICLE X - NOISE CLAIMS
The Lessee specifically agrees to make no claims in my form for damages or
reimbmsemmm ea the Lessor or to the United States Govemmem for my reason or cause
resulting from noise amended from airport now.
ARTICLE XI-TAXFS
The Lessee agrees to pay, when due, my and all taxes and/or assessments, fees or charges
of my load whatsoever, as may be imposed during the term hereof, or any extension of the team
of ibis Lease, by my goverum nawd authority upon the demised premises, including Lessee's
leasehold interest therein, my structures, or improvements thereon, or any personal property
located therein. It is expressly agreed that inch taxes and assessmerris shall include all amounts
levied as real estate faxes upon me demised premises by the Lessor acting in its guvemmemal
privileges of exemption from taxation on the demised premises, or sracmres, or improvements
thereon, or an any personal property located therein arising due to public ownership of the
demised premises by the City of Bangor, or otherwise provided, however, nothing herein shall in
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any way prohibit the Lessee from exercising its rights under the law ro contest the amounts of
such acres, assessments, charges or fees Leases also waives all tights under 36 M.R.S.A. § 556
to retain taxes paid by it out of rentals established under this Lease.
ARTICLE XII- NONDISCRENINATION
Lessee for itself, its personal representatives, successors in imerem and assigns, and w
par[ of the considerations hereof, does hereby covenant and agrce that (1) no person or group of
persons shall be excluded fiom the demised premises or from employment on the grounds of
race, religion, color, gender, age, familial across, national origin, or physical or mental disability,
or many other matter prohibited by law, from participation ny denied the benefits of, or be
otherwise subjected to discrimination in the use or occupancy of said demised premises; and (2)
in the construction by Lessee of all improvements, buildings, stmcturea ora over rounder such
demised premises and the furnishing of services thereon, no person or group of persons shall be
excluded on the grounds of race, religion, color, gander, age, harmful strips, national origin, or
physical or mental disability from participation in, denied the benefits of, or be otherwise
subjected to unlawful discrimination. Lessee shall take all steps necessary to provide reasonable
accommodation for disabled individuals to access, use and enjoy the benefits of Lessee's
operations w rebound by relevant provisions of Federal, Sante and local laws, regulations or
ornateness; provided, however, thffi Lessor shall make necessary improvements to rove unit per
building on the demised premises necessary to pmvide disabled accessibility prior to use and
occupency by Leases. In the event of breach ofany ofthe above nondiscrimination covenants,
the Lessor shall have the right, after failure ofl.essee an rectify such breach within thirty (30)
days after receipt ofnotice from Lessor, to terrnivste this Lease. provided, however, that Lessor
shall not have the right to contribute 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 United States.
The Lesser, subject to the terms end provisions of gas Lease and on payment of the rem,
and observing, keeping and performing all the terms and provisions of the Lease on it pact to be
observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and
enjoy the demists premises during the term hereof without hindrance or rejection by the Lessor
or any other persons.
ARTICLEX -LIENS
'£he Lessor and the Lessee agree that each will promptly discharge (either by payment or
by filing of the necessary bond or otherwise) my mechanics', materialman's or other linos
against the demised premises, my buildings, structures or improvemanrs thereon, which liens
may arise out of my payment dm for labor, services, materials, supplies or equipment which
may have leen thrashed to or for the Lessor the Lessee, respectively.
ARTICLE - MAINTENANCE AND REPAIRS
A. Lessee shall, at its sole expense and cost, throughout the term hereof or my
extension, keep and maintain the demised premises including building fixtures, equipment,
doors, windows, passageways and interior point surfaces in good order and repair, and in
honorable condition, damage by accidemalf and casualty and reasonable wear and mamas
provided for in this Agreement, excepted.
B. The phrase"removable wear and tear"used in paragraph A of Us Article as; an
exception m the obligations of the Lessee shall not be commuted to relieve Lessee of the
responsibility for providing repairs of a routine and regular nage which may from time to time
be necessary, my to provide mamtenavice to the demised premises of nmue and degree
ordinarily sudciam to prevent damage, breakdown, failares, malfunctions or disrepair, nor shall
any exception or special provision of this Agreement be construed to mem that Lessor would be
required to carry out maintenance and regain no the premises. Lessor shall, m its sole expeme,
be responsible for mormarvarea and repairs m the premises. Lessor shall, at its sole expense and
cost, throughout the tem bereofor my extension, be responsible for the repay and removal of
mymbestosinthedeatisedpremises. Lessor assumes all liability with regaidm said asbestos,
excepting my claim arising from Lessee's negligence.
A. Ownership ofpermanent impmvemero to the demised promises, which may from
[drew time be made by Lessee that are affixed to the property and are an integral part of the
operating systems of the structures as opposed to removable personal property, shall
automatically vest in the Lessor as a consideration of the lease and rental schedule.
B. Any removable pmsoml property that may be financed, erected or installed by
Lessee from time to time during the term of this Lease shall remain the property of me Less«,
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 said termination. Any such property not so
removed whirrs thirty (30) days from the date of truncation 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 improvements and other personal property, the buildings and land appurtensnt thereto shall
be returned to as near as possible their conditions as at the commencement of this Lease, damage
by accidental fire and casualty and reasonable weer and mar excepted.
C. In the event Lessee shall fail to remove my non -penmen[ improvements or
other personal property within thirty(30) days from the date oftem enation 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 ren -permanent improvements or personal property. In such
event, there dull be deducted from Lessor's costs the fain value to the Lessor actually realized
from sale, use or other disposition of &a particular improvements or personal property
cencemed.
M-333 —1
Subject to the provisions contained in Article, the Lessee shall, upon the tetrunarion of
this Lease, surrender the quiff and peaceable possession of the demised premises.
It is understood and agreed th0 rifle to the demised premises is in the City of Bangor,
providd, however, that the demised premises are a pmt of Bangor International Airport and this
Louse is specifically made subject to any rights the United States of Acadian or my agency
thereof may have under my regulation, law, deed or other existing agreanent in or to the leased
premises and may exercise in tegardto said premises aM should the United Stutes of America or
my agency thereof exercise any such right or rights W or or said prmdses, the exercise of such
rights shall not be considered to result in a breach by the Lessor of my covenant or agreement
hereunder. In the event that ilia United States of America or my agency thereof exercise my
such right or rights in or m said premises, and the exercise ofsmh right orrights makes
impractical in the Lessee's sole discretion Lessee's intended use of said premises, Iben Lessee
sballhave the right 9 its option W torstnatc this Agreement withoW furWerobligmion to the
Lessor except for such obligations as shall have been incurrM and accrued prior to the exercise
ofsaidoption.
ARTICLE XC( - TERMINATION
It is covenanted and agreed that:
A. By Lesson
(1) If the Lessee shall neglect or fail to pay the rent or otter charges payable
hereunder and such default shall continue for a period oftm (10) days after
written notice thereof by Lessor; or
(2) If Lessee shall neglect or fat to perform or observe my of the other
covenants, roans, provisions or conditions on its pari to he performed, or
observed, one such neglect or future shall continue for aperiod of thirty (30)
days after written notice thereof by Lessen, or Ssuch covenants, terms,
provisions or conditions cannot be performed or observed within said
thirty (30) day period, if Lessee fails to Migendy prosecute the curing of
such =gleet of failure; or
(3) If the estate hereby created shall be room on execution or by
other process of law; or
(4) If my assignment stiell be made of the property of the Lessee for
the benefit of creditors; or
(5) If a receiver, gumdian, conservator, or trustee in bankruptcy or
other similan officer "I be appointed to hike charge of or my
substantial par[ of the Lessee's property by a Court of competent
jurisdiction; then 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 thecof, 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 order it and remove its or
then effcets (forcibly, if necessary) without prejudice to any
remedies which might otherwise be used for arears of rem or
preceding breach of coveramt, and upon may 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 the severd hnmllmenis of mars and other
charges reserved as they would, under the terms of this Lease, become
due if Jus Lease had not been terminated, or if the Lessor had not
entered or reentered as aforesaid. Notwithstanding the foregoing,
Lasser's liability shall not exceed the diff nce, if any, between the
rental which would have been due for such month had there been no
such [errmination, and the amount being received by Lessor as rem
from occupants of said premises. In order m mitigate Lessee's damages
hereunder, Lessor agrees to make every reasonable effort to secure
subsequent Lessees, at a rental equal to the prevailing local rate fm the
cleansed premises.
Upon any termination under this Article, the Lessee Ault vacate the premises in
accordance with the terms and conditions hereof and with all due speed; and within thirty (30)
days after such termination, the Lessee shall pay to the Lessor all sues due from the Lessee to
the Lessor hereunder prior m temdmation.
B. By Lessee:
iris Lease shall be subject to temlromion by the Lessee in the event of the foLLowing:
rfthe Lessor shall default in the performance of my afthe conditions
and coveranis of this Lease to be kept and observed by it and such
default shad not be remedied within a period of thirty (30) days alter
writren notification by the Lessee to the Lessor of the existence of such
default.
ARTICLE XX -ATTORNEYS' FEES
The Lessee shall pay to the Lessor a reasonable attorneys' fee is the event the Lessor
employs an attorney to collect any reefs due hereunder and secures ajudgment in comncamn
with the collection of said rent, or legal process is levied upon the interest of the Lessee in this
Lease in in said premises, or in the event Lessee violates any of the terms, conditions or
covenants on the pan of the Lessee herein contained, provided that Lessee fails to promptly
correct the violation of my tam, condition or covenant after receipt of notice that it is m
violation thereof.
In the event Lessor employs its City Solicitor or an Assistant City Solicitor to collect
reins or otherwise protect Lessm's imemsts under [iris Lease, "ressomble attorneys' fees" ander
this 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 m the Bangor area.
ARTICLE XXI-ASSIGNMENT SALE AND SUBLETTING
The Lessor shall not at my dope assign, sell, convey or trensfer this Lease many interest
therein, or sublease or sublet or ren[ the premises, or my part thereof, without the prior written
coned of the Lessor. All provisions of this Leaseshall extend in, bind and inure to the benefit
of not only the Lessor and Lessee bun also then successors and assigns. to no event shalt the
Lessee named herein be relieved from any obligations under this Lease by virtue of my
assignment or subletting.
Lessee shall have the right to assign this Lease to my entities with which it may have
become merged, consolidated, or otherwise associated or many corpmatim or holding company
having the mounding interest in the Lessee, or to my corporation which may, be a subsidiary of
the Lessee. To no event, however, shall the Lessee named herein be relieved from my
obligations under this Lease by vume of my salt assignment or subletting.
ARTICLE XXII - WAIVER
Failure on the pan of the Lessor to complain of any action or non -action on the part of the
Lessee no matter bow long the same may random, shall neva be deemed to be a waiver by the
LessorofarryofLessor'stiginficumnd".. F miter,itiscoveoaulN aWreM nowaiverat
any tune of my of the provisions hereof by Lessor, shall be wrapped as a waiver of my other
provisions hereunder, and that a weaver 9 my time of my of the provisions hereof shall not be
construed at my subsegmenttime as a waiver of the same provisions. The approval of Lessor or
of my action by the Lessee requiring the Lessor's consent or approval shall not be deemed to
waive or render mmecessary the Lessor's consent or approval of my subsequent similar act by
the Lessee.
Notices to the Lessor provided for in this Lease shall be sufficient if semi by registered or
certified mail, retain receipt requested, postage prepaid, th:
City of Burger
Attu: City Manager
'/3l Iow Sheet
Burger, Maine 04401
11
04-233
with a copy, to Airport D'nectm, 287 Godfrey Boulevard, Bangor, Maine 04401,
and notices to Lessee are to be sent by registered on: certi5ed tend, return receipt requested,
postage prepaid, addressed to:
a to such other respective addresses as the parties may, designate to each otter is writing firm
time to time.
ARTICLE )DUV - INVALIDITY OF PARTICULAR PROVISIONS
If any tern or provisions of this Lease or the application thereof to any person or
umsmoces is hereafter detern dby a court of compe[entjurisdiction to be to any extent,
invalid or menfie ceable, the remainder of Us Lease or the application of such teras and
provisions to persons or csrcums[mces other than those to which it is held invalid or
menrceable shall not be affected hereby and such tern and provision of Us Lease shall be
valid and be enforceable to the fullest extent permitted by law.
ARTICLE -CONSTRUCTION
The headings appearing in Nis Lease are intended for convenience and reference only
and not to be considered in construing this Lease.
ARTICLE=1-NO PARTNERSIBP OR JOINT VENTURE CREATED
Nothing contained hueiv shall be deemed or construed by the parties hereto, net by any
third party, as creating the relationship ofprinapal and agent or of partnership or ofjond venue
between the parties, it being understood and agreed that neither the method of renegotiation of
rent nor my other provision contained herein nor any acts of the parties shall be deemedon create
my relationship between the parties hereto other data the relationship of landlord and teneat
ARTICLE 11 -GOVERNING LAW
This Lease shat he governed exclusively by the provisions hereof and by the laws of the
State of Mama, as the are may from time to time exist.
This Lease contains eft the terms and conditions between the parties berate and no
alteration, amendment or addition hereto shall be valid unless in writing and signed by both
parties hereto.
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ARTICLE IX- AUTHORITY TO ENTER INTO AGREEMENT
The Lessor hereby represents and warrants that it has taken all necessary procedural and
legal steps as requited by federal, ware and local laws and regulations for the purpose of
authorizing the execution of this I.ease and Naz execution of this Lease by the City Manager
renders this Lease a valid and binding document on the part of the Lassa and the same is fully
enforceable in all of its tams and conditions by the Lessee.
Lessee hereby represents and warrants that it has taken au necessary procedural and legal
steps as required under all slate, local and federal laws and regulations, and all necessary
corporate action, to authorize the execntion of this Lease by its undersigned corporate officers
and that upon such execution this Lease is a valid and binding document an the part of the
Lessee and is fully erSarceable in aR of its terms and conditions by Lessor.
IN WHNM W[WREOF, the patties hereto have set their heads and seals the day and
year first written above.
MYOFBANGOR
iNess �'
By. Edward A. Barrett
Its: City Manager
MIT-VIffills'd
PENOBSCOT, w. c� i 2UQy
Then personally appeared the above-named Edward A. Banett, in his capacity as City
Manager, and acknowledged the foregoing iretTun nt m be his free act and deed in his said
capacity, and the free act ancl deed of said body oorpomte.
Before me,
(�� oj.
Not ry PublidAttomey-at-Law
Printed Name: TERRILEECOREY .
NOTARY PUBLIC • MAINE'
MYCDIMMISSION EXPIRES DECEMBER 12;2010..
STATE OF
,34. V�♦ 2\ 20 C4
Th®personally appeared the above-rlmted 0... .. v_ D\.\e�,..a .mWACT
capacity as L• .o . and acknowledged the foregoing
instrument to be Mather free act and deed in his/her said rapacity, and the Lose act and deed of
said corporation.
Before me,
2L.,l A
Notary Public/AXaEErepaC
Printed Name" EIVY. ,. C�evn
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