HomeMy WebLinkAbout2000-11-13 01-30 ORDER01-30
Item No.
Date: November 13,20W
Item/Subject ORDER: Author i no the City Manner to execute an amendment to the
3anuary 1. 1998 lease betwetin thef Bangor and Telford Aviation. Inc.
Responsible Departmemt: Airport
Commentary. This amendement serves two purposed. The first is to increase the
rental amount an include the new addition in the 600 area. The addition was built to
house the Volvo parts for which Telford is the North American distributor. In addition,
the amendment adds two sister corporations, Telford Aviation Services, Inc, and
Telford Air Spares, Inc. as co -lessees. These corporations are the ones that acutally
use the facilities to which this lease applies.
We are in the process of drafting a new lease with the three companies that will extend
the term of the lease.
Bob W. Zieeelear
K���, ��,��Q����tDe ant Head
a a _- c -/)4.urdmwa,�eQl�
City Manager
Associated information: Oi.
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Pa~
First Reading
_ RefemF
Fgge -1— of -1_
01-30
Assigned to Co it Tre le November 13, 3000
CITY OF BANGOR
F
(TITLE.) Order, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
JANUARY 1 1998 LEASE BETWEEN THE City OF BANGOR AND TELFORD AVIATION INC
By Bae Otycbrr+oVOfb* Cry ofaw .-
WHEREAS, an addition to the 600 area hangar was constructed by the City of Bangor; and,
WHEREAS, the lease between the City of Bangor and Telford Aviation, Inc must be amended to
add Telford Avlarton Services, Inc, and Telford Air Spares, Inc. as co -lessees and to Increase the
monthly rental amount;
Ni THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
the City Manager is hereby authorized to execute an amdendment to the January 1, 1998 lease
between the City of Bangor and Telford Aviation, Inc
IN CITE COMM
November 13. 2000
..tem for Passage Node end •••_•••
Seconded
Passed nenea
(TITLE) AnEM1nrizln¢ the Ci[v Nevaeer to
arrests an Asendmest to the January I. 1998
Lease aeteeen the City of Hangar and Telford
Aviation. Inc.
_ uW
O— / , � A
01-30
FIRST AMENDMENT TO AGREEMENT OF LEASE
THIS FIRST \3%T TO AGREEMENT LEASE, executed this
day Of 2000 by and between:
CITY OF BANGOR, a body politic and Corporate, duly
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 "Lessor"(
and
TELFORD AVIATION, INC., a corporation duly organized and ej
existing under the laws of the State of Maine, with ;sgoat, + ''11'.'''�11
principal headquarters located at F�}lle, Ytine %,,, M6 &W4
(hereinafter sometimes referred to as "Lessee-)
W I T N E 5 S E T H:
WHEREAS, the City of Bangor is the owner of an airport
commonly known a ^Bangor International Airport-, formerly known
s Dow Air Force Base, located in the City of Bangor, County of
Penobscot, State of Maine (hereinafter sometimes referred to as
the "Airport"): and
WHEREAS, by Indenture of Lease, dated January 1, 1998, the
parties agreed to the lease by the Lessor of Hangar #11,
Building 4600 and certain ground and access rights appurtenant
thereto for the purpose of operating a General Aviation service;
and
WHEREAS, the parties hereto wish to amend said Indenture of
Lease; and
NOW, THEREFORE, the parties do mutually agree that the
Indenture of Lease dated January 1, 1998 be and hereby is
amended as follows:
(1) The Indenture of Lease dated January 1, 1998 and by and
between the City of Bangor and Telford Aviation, Inc. i
hereby amended to include Telford Aviation Services, Inc.
and Telford ➢pia T n SpareSw4s Inc. as co -lessees.
r
(2) That ARTICLE I, PREMISES add the following Section Three
under Paragraph B:
Section Three
The southerly warehouse and land appurtenant thereto a
described as Land Area A in Exhibit H, attached hereto•
(3) That ARTICLE III, RENTAL Paragraph (A) (2) be deleted in
its entirety and replaced with the following:
(2) Basic Rental - Building #600
Jan. 1998 - Dec. 1998 $3,734.00 each month
Jan. 1999 - Dec. 1999 $3,846.00 each month
Jan. 2000 - July 2000 $3,961.00 each month
Aug. 2000 - Dec. 2000 $10,161.00 each month
Jan. 2001 - Dec. 2001 $10,280.00 each month
Jan. 2002 - Dec. 2002 $10,403.00 each month
(4) That ARTICLE IV, USE, OCCUPANCY AND IMPROVEMENTS OF
PREMISES Paragraph (D) be deleted in its entirety and
replace with the following:
(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 Hangar #115,
not decrease its functional quality or value, and
further provided that any such work shall be done
entirely a the Lessee's own expense and will include
returning disrupted surfaces to a serviceable and
attractive condition. Lessee shall have the right to
tate the Westerly Bay of Hangar #600 with thirty
(30) days advance notice to the Airport Director. In
that event the Lessor shall have the right to use the
bay for its own purpose or locate another user and the
Lessor shall have no obligation to make the facility
available to the Lessee at a future time but may do so
if circumstances warrant. If during the period
January 1998 through June 30, 2000 the Lessee
surrenders the Westerly Bay of Hangar #600 the rental
fee charged by the Lessor for Hangar #600 shall be
reduced by fifty (50%) percent. The rent shall be
reduced by the following dollar amounts for the
remainder of the lease term:
July
1,
2000
- Dec.
31,
2000
$11980.50
Jan.
1,
2001
- Dec.
31,
2001
$2,098.00
Jan.
1,
2002
- Dec.
31,
2002
$2,101.50
THAT except for the foregoing, said Indenture of
Lease, dated January 1, 1998, between the City of Bangor and
Telford Aviation, Inc. will remain in full force and effect in
all other respects between the undersigned.
IN WITNESS THEREOF, the parties hereto have set their hands
and seals the day and year written above.
CITY OF BANGOR
(By)
(Printed Name) Edward A. Barrett
(Title) City Manager
TELFORD
�AVIATION, INC.
By_2
Witness (yr d
ame)
(Title)
TELFORD AVIATION SERVICES, INC.
(By)
Witness (Printed Name) laefa
(Title) I
TELFORD r KSS, INC.
(BY)
Witness (printed Name) p yp..
(Title) <PI/ -5