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HomeMy WebLinkAbout56-88 RESOLUTION RESOLUTION NO. 56-88 SCA NN E D A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A T-HANGAR LEASE AGREEMENT WITH JOHN ASHBAUGH. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a T-hangar lease agreement with John Ashbaugh. A copy of the lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof . PASSED AND APPROVED this 19th day of July , 1988 . APPROVED BY: c.�` y .,-J Ma or ' 'FC.rErrc ATTEST, B L � G�Y� k , dierk • fD � . � 1 /\o MICROFILMED LEASE ilThis LEASE executed this 02/t day of , 19 , by and between the City of Fayetteville, Arkansas, hereinafter, called "Lessor" and JOHN ASHBAUGH , hereinafter called "Lessee". WHEREAS, Lessor is the owner of an airport known as the Fayetteville Municipal Airport (Drake Field) , herein referred to as "the Airport" ; and WHEREAS, Lessor is installing at the Airport portable hangars for the purpose of storing aircraft; and WHEREAS, Lessee is the owner of an airplane and desires to lease a T-hangar; and WHEREAS, Lessor is willing to lease a T-hangar to Lessee. NOW, THEREFORE, in consideration of the mutual covenants contained .herein the parties agree as follows: 1. Lessor leases to Lessee, and Lessee leases fran Lessor, space number 8 in aircraft hangar number B , reflected on Exhibit "A" attached hereto and made a part hereof. Said T-hangar is presently located, or shall be installed by Lessor, on the airport premises. At any time during the term of this lease, Lessor shall have the right to relocate Lessee to other suitable hangar space, as it becomes available, on the Airport premises. Lessee shall be entitled to ten (10) days written notice from Lessor before any such relocation shall be made; but such relocation shall not constitute a breach of this agreement by Lessor and shall not entitle Lessee to terminate this agreement. Lessee further agrees that it shall only be permitted to engage in minor maintenance on the airplane stored in the building and shall not engage in any major overhaul of the airplane within the leased premises. 2. Subject to earlier termination as hereinafter provided, 1 the initial term of this agreement shall be for a period of year(s) commencing on the 8th day of JUNE , 1988 , and ending on the 7th day of JUNE , 19 89 Lessor or Lessee may terminate this lease at any time by giving the other party 30 days written notice of termination. This agreement may be s —?— extended for up to 5 additional one year terms in accordance with the following procedure: At least 60 days prior to the scheduled termination date, Lessor shall give Lessee written notice of the monthly rent payable in the extended term; at least 30 days prior to the termina- tion date, Lessee shall give Lessor written notice if Lessee exercises this option to extend. 3. During the term of this lease, Lessee agrees to pay Lessor for the use of the demised premises the sum of $ 115.00 per month. Said sum shall be payable in advance on or before the first day of each month. 4. Lessee shall provide for and supply at its expense all janitor service with respect to the demised premises. Lessor shall pay for all utilities serving the demised premises, including, but not limited to heat, light, gas, electricity and water. 5. Lessee agrees to observe and obey all ordinances, rules and regulations promulated by Lessor with respect to use of the Airport and the demised premises; provided, however, such ordinances, rules and regulations shall be consistent with safety and with rules, regulations and order of the Federal Aviation Administration with respect to aircraft operations at the Airport; and provided further, such rules and regulations shall not be inconsistent with the provisions of this agreement or the procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to the operation of Lessee's aircraft at the Airport. 6. If the demised premises are partially damaged by fire, the elements, or other casualty, said T-hangar shall be repaired with due diligence by Lessor at its own cost and expense. If the damage is so extensive as to render the demised premises untenantable, but capable of being repaired in sixty (60) days, the T-hangar shall be repaired with due diligence by Lessor at its own cost and expense, and the rent payable hereunder shall be proportionately paid up to the time of such damage and shall thenceforth cease until such time as the T-hangar shall be fully restored. -3- In the event the T-hangar leased hereunder is destroyed or is damaged so extensively that it cannot be repaired within sixty (60) days, this agreement may be terminated at the option of either Lessor or Lessee. In the event that the Airport is rendered unusable, there shall be a proportionate abatement of the rental provided for herein during the period that the Airport is unusable. 7. Lessee agrees to indemnify Lessor against all liability for injuries to persons or damage to property caused by Lessee's use or occupancy of the demised premises; provided, however, Lessee shall not be liable for any injury, damage, or loss occasioned by the negligence of Lessor or its agents or employees; and provided further, Lessor shall give to Lessee prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly affects or might affect Lessee and Lessee shall have the right to compromise and defend the same to the extent of its own interest. 8. If Lessee fails to make any payment due hereunder within ten (10) days of the date on which such payment is due, Lessor may, at its option, terminate this agreement and take possession of such of Lessee's personal property as is reasonably necessary to secure payment of the amount due and unpaid. 9. Upon expiration or other termination of this lease, Lessee's rights to use of the demised premises shall cease, and Lessee shall vacate the premises without unreasonable delay. All fixtures, improvements, equipment, and other property brought, installed, erected or placed by Lessee on the demised premises shall be deemed to be personalty and shall remain the property of Lessee. Lessee shall have the right at any time during the term of this agreement, to remove any or all of such property from the Airport, subject, however, to Lessee's obligations to repair all damages, if any, resulting from such removal. Any and all property not removed by Lessee prior to the expiration of this lease shall thereupon become the property of Lessor and title thereto shall thereupon vest in Lessor. -4- 10. Lessor may enter the demised premises at any reasonable time for any reasonable purpose necessary or incidental to the performance of its obligations hereunder. 11. Lessee shall not at any time sublet the demised premises or assign its rights under this agreement without the written consent of Lessor. No such subletting or assignment shall release Lessee from its obligations to pay the rentals set forth herein. 12. Notice as provided for herein shall be sufficient if sent by certified mail, postage prepaid, addressed as follows: Notice to Lessor: Airport Manager 113 West Mountain Street Fayetteville, Arkansas 72701 Notice to Lessee: John Ashbough Rt. 2 Box 110 Winslow, Arkansas 72959 Phone: 501-634-3671 13. This agreement shall be construed under the laws of the State of Arkansas. 14. All covenants, conditions and provides in this agreement shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS Lessor By: n1GZ l Mayor ATTEST BY: � 0, Cit Clerk Lessee By: ;),14142, ‘e‘e/ Ti e: ATTEST BY: /( ;' A7 ffe12414-1- Title: CONTRACT AGREEMENT `' y 1. HIS CONTRACT A ' AGREEMENT, made and entered into this day of , 1955 , by and between the City of Fayetteville , ka sas , Party of the First Part, acting through it ' s duly aut orized representative, and APAC - Arkansas , McClinton Anchor 240 N. Block St. Fayetteville, Ar. 72701 Party of the Second Part: WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools , labor, equipment, materials , and supplies required to the furnished and to construct the improve- ments designated as MINOR STREET IMPROVEMENTS BID #852 A UNIT PRICE BID TOTAL AMOUNT NOT TO EXCEED $338,935 .00 for the City of Fayetteville , Arkansas , in exact accordance with the Plans on file at the Office of the City Engineer, and Specifications , Proposals , Stipulations , and Special Pro- visions attached hereto and made a part hereof as fully as though copied herein, under the direction of and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas . 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done under this agreement, the Unit Prices and/or Lump Sum Price named in the Proposal which is hereto attached, such payment to be made in lawful money of the United States , at the time and in the manner set forth in the Specifications . 3 . The Part of the Second Part agrees , for the consider- ation above expressed, to begin and complete the work within the time specified in the Proposal . Time is expressly made of the essence of this Contract. If the Party 'of the Second Part shall fail to complete the work in the time specified, he shall pay to the Party of the First Part, as liquidated damages , as- certained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final amount 14 penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated damages as provided for in the Specifications. 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the lows of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. The Surety on said Bond shall be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 5. The Party of the second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workman's Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS DAY OF , 198% CITY OF FAYETIEVILLE FAYFITEVILLE, ARKANSAS test byCity C/ler By Ma APitC-4c/C.lL4s‘1-314d. /(1 e /Mrif Shia owisirn Contractor Bx j4/4l.( )J 1. ftG l Cl (/ 1/6•7/" Name and Title WITNE.SS2 JULL, Pe).13 /34 Z F t. v/C�,A/L1.27dz Business Address Corporate Seal (if any) CONTRACT AGEMENT c1. _`1IS CONTRA T AND AGRME�: , do anal entered into this ay of - i, i 9� aetwttyoFayetteville , Aansas , ay FPaactnthroughit ' sdulyauthorize -rtianJackBurgeCosuco.693W. NorthtetFayetteville, A 72702 Party of the Second Part: WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools , labor, equipment, materials , and s�: plies required to the furnished and to construct the improve- ments designated as LAKE SEQUOYAH BRIDGE EXPANSION JOINT REPAIR BID #85a IN THE AMOUNT OF $ 13 , 800 :00 for the City of Fayetteville , Arkansas , in exact accordance with the Plans on file at the Office of the City Engineer, :: :4' 44 and Specifications , Proposals , Stipulations , and Special Pro- vi�ions attached hereto and made a part hereof as fully as tough copied herein, under the direction of and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas . 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done under this agreement, the Unit Prices and/or Lump Sum Price named in the Proposal which is hereto attached, such payment to be made in lawful money of the United States , at the time and in the manner set forth in the Specifications . 3. The Part of the Second Part agrees , for the consider- ation above expressed, to begin and complete the work within the time specified in the Proposal . Time is expressly made of the essence of this Contract . If the Party .of the Second Part shall fail to complete the work in the time specified, he shall pay to the Party of the First Part, as liquidated damages , as- certained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated damages as provided for in the Specifications . 4 . The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the laws of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performance of this Contract and accept- ance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed im- provements and shall guarantee the work against faulty workman- ship or materials for a period of one (1) year after completion. The Surety on said Bond shall be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas . 5. The Party of the second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workman ' s Compensation Insurance in amounts as required by these Specifi- cations . y WITNESS OUR HANDS THIS o75' DAY OF , 1981 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS By (10 u Mayor test by City Cle dfs.k-R i t e__,- atts-e Q6 - actor BY ,o an Ti e WITNESS / (n� n Business A dress � Corporate Seal (if any) 15