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Home My WebLink About2002-05-13 02-200 ORDER_COUNCIL ACTION Item No. 02-200 Date: May 13, 2002 Item/Subject: That the City Manger and/or Airport Director be authorized to erewte a lease with Societe Internationale De Telecommunications Aeronauti ues SRA Responsible Department: Airport Commentary: Societe Internationale De Telecommunications Aeronautiques (SRA) wishes to lease a room in the General Aviation terminal at Bangor International Airport to house a radio booster. SITA provides data transmission between aircraft and this booster will enhance their service. We recommend approval. Rebecca Hupp Department Head Manager's CommentiveB 9446r,JUr ;�� — City Manager Associated Information: Q,,Qkh �C Budget Approval: Finance Director Legal Approval: Ci Solicitor Introduced for C<.y _x_ passage _ First Reading _ RefermI page —L of 1 �iipmxlw�mciior Pa�r May 13, 2002 gCITY OF BANGOR {- ORDERED, WHEREAS. SRA wishes to lease space in the General Aviation Building at Bangor International Airport; and WHEREAS, the CRY has suitable space in that building to lease; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT: the City Manager and/or Airport Director be authorized to execute a lease with Societe Internationale De Telecommunications Aeronautiques (SLfA). IM CITY MUNCIL May 13, 2002 Passed _ 02-200 Title, List the City Manager and /or Airport Director be Authorized to Execute a Lease with Societe Internationale De Teleco®onications Aeronautiques (SIM) Assigned to PCouncilor LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") is made and entered into as ofthe effective date listed in EahibilA (the 'Effective Date') by and between the lessor identified in Exhibit A CITY OF BANGOR ("Lessor") AND SOCIETE INTERNATIONALE DE TELECOMMUNICATIONS AERONAUTIQUES ("S1TA"), A Belgian Co-operative ("Lessen") having its registered office at 14, avenue Remi Matisse, 1140 Rmssels, Belgium RECITALS A. Lessor will lease to Lesser the property described in Exhibit A ("Leased Premises') under the terms of this Agreement. B. Lessor has the right in lease the Leased Premises, together with all the facilities, licenses, services and privileges provided in this Agreement. The parties agree as follows: 1. TERM. TBIS Agreement and all rights herein granted Lessee will cornmence on the Effective Date and will continue on a month to month basis =61 terminated in accordance with this Agreement upon 120 days advance written notice by either parry, except as provided in Section 10. 2. RENTAL. During the term of this Agreement, Lessee agrees to pay W the Lessor awsh rental in the meant set forth in Exhibit A (me "Rent'), in U.S. currency, twice each year in advance following the Effective Dare. 3. USE. Lessee will use and occupy the Leased Premises for the installation, use and maintenance of radio equipment substantially equivalent te the equipment identified is Exhibit A. Lessee will notconduct, or permit to be conducted, any activity on the Leased Premises which would interfere with or be a hazard to the flight of airomft over the Leased Premises, or interfere with ah navigation and communication facilities serving the airport in which the Leased Premises is located. Lessee agrees that no structures will be erecred,or natural objects created, on the Leased Premises which constitute a hazard to navigation. 4. MAINTENANCE. Less" agrees m maintain the Leased Premises, ordinary wear and tear excepted, and will promptly repair any damage to the Leased Premises. No maintenance or repairs of any kind will be provided by the lessor. Lessee will not modify, or cause to be modified, any portion of the Leased premises. Lessor will have access to the Leased Premises at all times for purposes ofinspection to determine ifLessm is in compliance with the terms of this Lease Agreement. 5. UTILITIES. Less" will pay all utility installations, service charges and fees incurred in providing and furnishing the necessary utilities, of whatever kind, to the Leased Premises during the tens of the Lease Agreement. N addition to rent, Lessee will pay to the Lessor the current utility rate set forth in Exhibit A, if any are identified. 02-200 10 6. ACCESS. Lessor shall allow the Lessee and/or Lessee's wnnucted maintenance tympany to =ass the location N hours a day, 7 days a week, for Ne purpose of installing, maintaining, repairing or removing equipment. 7. INDEMNO'ICATION AND OlSURANCE. Lessee agrees to indemnify, save and hold bmmless the Lessor from and against any and all claims and actions (" Clainr&� and all expenses incident to Claims and defense thereof, based upon or arising out of damages ori juries to third persons or then property, caused by the negligence or otherwise wrongful acts or omissions of Lessee, its agents, represevtativee, invitees or employees, in the use of occupancy of the Leased Premises, except to the extent that such damage or injury was caused by the negligence or otherwise wrongful acts or omissions of the Lessor, its agents, representatives, invitees or employees. Notwithstanding the foregoing, n no event shall this agreement to indemnify, save and hold harmless extend to any consequential damages or claims resulting therefrom inctimnd by Lessor. Lessor further agrees to give Lessee prompt and reasonable notice of my Claims and Lessee will have the right to investigate, compromise and defend same. Lessee will keep m force at all times during the seer of this Lease Agreement the liability insurance coverage evidenced by the Certificate oflnsurauce attached m Exhibit B. Lessee's Waiver of Workers' Compensation Immunity — The Lessee hereby expressly agrees the it will defend, indemnify and hold the City ofBavgor, its inhabitants, officers, employees and agents completely harmless from any and all claims made or asserted by the Lessees agents, servants or employees arising out of the Lessee's activities order this Lease. Por this purpose the Lessee hereby expressly waivesan and all (weenotf r any negliaence or other fault of the Lessor. its em to eea or union.) Immunitv it may have d the Islamic W kers' of Act in eard to such claims made or asserted by the Lessee's agents servants or employees 8. TERItINATION. Either party my terminate this Agreement upon 120 days advance written notice. Upon nomination of the Agreement, Lessee's right to use the Leased Premises will cease, and Lessee will surrender the same in good condition, reasonable wear and tear excepted. 9. ASSIGNMENT. Lessee will not atony timeassign fids Agreement,many part thereof, or sublet all or any portion of me Lease Premises without having secured the prior approval of the Lessor. Notwithstanding the foregoing, Lessor acknowledges and agrees as follows: (i) SITA so. (the Belgian co-opemfive company named at the head of this Agreement) is contemplating the formation of a new commercial entity that will ultimately hold responsibility for all performance under this Agreement; and (it) Lessor agrees that SITA so. may assign this Agreement to that new commercial entity upon its formation, provided, however, that the new commercial entity, assumes all of the rights and responsibilities of SITA s.c. without exception, upon any such assignment. 10. TAXES. The Lessee agrees m pay, when due, any and 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 this Lease, by any governmental authority upon the demised premises, including Lessee's leasehold interest therein, any strummer, or improvements thereon, or any persoual property located therein. It is expressly agreed that such taxes and assessments shall include all amounts levied as personal property taxes, upon the demised premises by the Lessor acting in its governmental privileges of exemption from taxation on the demised premises, or structures, or improvements thereon, or on my personal property located therein arising due m public ownership of the demised premises by the City of Bangor, or otherwise, provided, however, nothing herein shall in any way prohibit the Lessee form exercising its rights under the law to contest the amounts of such taxes, assessments, charges or fees. 11. DEFAULT. If Lessee should fail to pay rent, or should fail to perform its obligations under this Lease Agreement then this Lease Agreement, at the option of Lessor, may be terminated by Lessor. 12. ENTIRE AGREEMENT. This Lease Agreement constitutes the complete agreement of the parties with respect b the subject matter hereof and supersedes all previous agreements, representations and understandings concerning the same, whether written or oral. The provisions of Us Lease Agreement may be modified, amended or waived only by a written instrument, executed by the Lessor and the Lessee. 13. NONCE Either party may notify the other of any matter in connection with this Agreement by registered mail delivered to the address set forth for notice in Exhibit A. LESSOR: CITY OF BANGOR AERONAUTIQUES (SITA) By: By: Title Titl 02 -zoo ) Z EXHIBIT A Effective Date: May 1. 2002 Lessor. CiN of Baneor. Aimort Deoarmsent Leased Premises: General Aviation Tmminal. USS Maine Ave B M' (14401Room next 19 Pilot L Room 11] per attached drawing Equipment Rent Two Hundred ($200.00) Dollars U.S.Per Month Notice: Lessor's Address SITA'S Address City of Banner SITA c/o Frank Watts Banner International Alcoa rt 3100 Cumberland Blvd. Airport Director Suite 200 287 Godfrey Blvd Atlanta, GA 30339 Baneor ME 04401 USA USA