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Home My WebLink About2002-11-13 03-07 ORDERItem No. 03-07 Date: November 13, 2002 Item/Subject: ORDER, Authorizing the City Manager to Execute an Agreement with Champlain Enterprises, Inc., d/b/a Commutair, Inc., d/b/a Continental Express Responsible Department: Legal Commentary: Champlain Enterprises wishes to lease hangar space from the City on a month-to-month basis. This Cheer authorizes the execution of an Agreement to do w. The rental will be $2,000 per month commencing November 1, 2002. Department Head Manager's Comments: �f � ,iLu+naNa� a e�tara� City Manager Associated lnforma0on: Agreement - Finance Director uegai Approvau / 6 \�'/ 4 Y CIN Solicitor Introduced for X Passage Firrt Reading Page 1 of 5 Referral IN Assi$MLroconMil« antiimoton November 19, zooz CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute an Agreement with Champlain Enterprises, Inc., d@/a CommutAir, Inc., dlbla Continental Express By the City Cowcil ojthe City of Bangor: ORDERED, TFFAT the City Manager, on behalf of the City ofBargor, is hereby Motorized and directed to wuta an Agreement with Champlain Enterprises, lnc. A copy of said Agreement is attached hereto. IN CITY 0009CIL November 13. 2002 Food" Cf CL # 03-0] � (MILE) Authorising time City Meager to Execute an Enterprises. Ince d/b/a CsmmutAir. Inc. Assigned to Counctior _� / ovw U0:"Affl s.aY Agreement made this _day of November, 2002 by anal between the City of Burger, (hereinafter reJur i to es "the City`s and Champlain Enterprises, Inc. d/b/a CommutAir, Inc., d/b/a Continental Express (hereinafter referred to as UCA) for hanger spare at Bangor Imeoabonal Airport, Bangor, Mauve. WHEREAS, the City is the owner and operator of Bangor International Airport; ant WHEREAS, UCA desires to lease hmager space m Bangor International Airport. NOW, THEREFORE, in consideration of the reins herein reserved and covenants wntaved herein, the CITY OF BANGOR hereby leases to UCA the premises described below upon the following terms and co nlitions: Premise: Approximately 4,900 square feet ofundesigmted space fir Building 463, also known as Dock 12, at Bangor International Airport. The City shall have the right to substitute equivalent heated space in a different building ifthe need for mml miRtation of Building 463 arises Term: Has agreement shall be effective Novembar 1, 2003 and will be month -by -month agreement. Either party may cancel this agreement with a striation notice 30 days prior to cancellation. Beat Rem shall be $2,000 per month. Rent shall be due and payable by the last day of each month._ Use: Space shall only be used as storage for one aircraft. Thee shall be no washing of ancraft by UCA within the hangar. Maintenance of aircraft shall be limited to minor repays. Major reports such as airframe or engine ovedmul to spray painting is prohibited. UCA agrees to wooly with all lawful and nondiscrimination ordinances, rales and regulations of the City of Bangor. Insurance: For the term of thes Agreement, UCA notate to maintain insurance Coverage as required m the Domestic Carriers Lease and Agreement between the City and UCA dated July 1, 2002. Utilities: All uldifies shall be provided by and paid for by the City. UCA accepts all natty fuTues as they now exist Indewiificmion: During the term of this Lease and during any extensions or renewals hereof, including any holdover tenancy following regular expiration or early barninafiw hereof, Lessee shall defend, indemnify, save and hold Lessor, and its inhabitams, officers, employees and agents completely harmless from and against any and all habilires, losses, suits, claims, costs, expenses, judg ours, f or demands arising by reason of injury m or death of, or asserted by, any person or persona, including Lessee's agems, clients, invitees or employees, or damage n any property, including all reasonable costs for investigation and defmu thereof (including but not litwied to stnmeys' fees, court costs, and expert winess foes), of my nave whatmever arising am of or incident to this Lease and/or the use, occupancy, conduct, or management of the derma¢!premises or the new or omissions of Lessee's officers, thews, agents, employees, cantracar% subcontractors, licensees, or invitws, unless such injury, death, or damage is caused by the negligent acts or omissions of the Lessor; its agents, employees, clients or invitees. The Lesser shall give n Lessor reasonable notice of any such claim or actions. Ile Lessee shell also use counsel reasonably acceptable to Lessor in carrying out its obligmioas under this Article. During the letm of this Lease and during any extensions or renewals hereof, including any holdover unwary following espressly agrees that it will defend, indemnify, save and hold Lessor boredom from any and all claims made or asserted by the Lance's agents, servants or employees arising out of the Lessee's acvvines order this Lease. For this ournose Leasee herebv any and all claims sing out of ices or other under this Ardele shall extend to and include any and all costs incurred by the Lassorn answer, investigate, defend and settle all such claims. including but not limited a, Lessor's costs for mtomeys'fixes, expect and other witness f s, the cost of investigators, and payment in full of any and all judgments rendered in favor of the Lessee's agents, invitees, licensees, client, servants or employees against Lessor in regard to claims made or asserted by such person. 03-07 These being all the iefine and conditions of Us memmmdam ofundasmnd(ng between the City mW UCA, this is signed and agreed W. CM OF BANCAR Witness Edw dA Bamcn City Manager CBAMPLAIN ENTERPRISES, NC. Wi�s Name: Title: