HomeMy WebLinkAbout64-88 RESOLUTION .
SCANNED
RESOLUTION NO. 64-88
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO AUTHORIZE LEASE AGREEMENTS FOR
AIRCRAFT HANGARS AT THE FAYETTEVILLE MUNICIPAL
AIRPORT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the Mayor and City Clerk are hereby
authorized and directed to execute a renewal lease agreement with
Continental Ozark, Inc. , for space in an aircraft hangar at the
Fayetteville Municipal Airport. A copy of said renewal lease
agreement is attached hereto marked Exhibit "A" and made a part
hereof .
Section 2 . That the Mayor and City Clerk are hereby
authorized and directed to execute a renewal lease agreement with
the University of Arkansas for space an aircraft hangar at the
Fayetteville Municipal Airport. A copy of said renewal lease
agreement is attached hereto marked Exhibit "B" and made a part
hereof .
Section 3 . That the Mayor and City Clerk are hereby
authorized and directed to execute a lease agreement with Nelms
Honda for space in an aircraft hangar at the Fayetteville Munici-
pal Airport. A copy of said lease agreement is attached hereto
marked Exhibit "C" and made a part hereof .
PASSED AND APPROVED this 6th day of September , 1988 .
APPROVED
By:
i i.r c , Mayor
918.444 -1
c, i
'.Ar- .
wItkiC -
MICROFILMED
LEASE AGREEMENT
This LEASE AGREEMENT made this 1st day of September
19 88 , between the City of Fayeteville , Arkansas , hereinafter
called "Lessor" , and Continental Ozark, Inc . , 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 has constructed an aircraft hangar at the
Airport; and
WHEREAS, Lessee desires to lease space within said aircraft
hangar.
NOW, THEREFORE, the parties, in consideration of the mutual
covenants contained herein, hereby agree as follows :
1 . Lessor leases to Lessee, and Lessee leases from Lessor ,
the north one-half of the executive aircraft hangar at Lessor ' s
Airport as reflected on Exhibit "A" attached hereto and made a
part hereof .
2 . Lessee is granted the use, in common with other similar-
ly authorized, of the Airport, together with all facilities ,
equipment, improvements , and services which have been or may
hereafter be provided at or in connection with the Airport from
time to time including, but not limited to, the landing field and
any extensions thereof or additions thereto, roadways , runways ,
aprons , taxiways , flood lights , landing lights , beacons , control .
tower, signals , radio aids , and all other conveniences for flying,
landings and take-offs .
3 . Lessee shall have at all times the full and free right
in ingress to and egress from the demised premises and facilities
referred to herein for Lessee , its employees , customers , passen-
gers , guests , and other invitee:,: . Such rights shall also extend
to persons or organizations supplying materials or furnishing
services to Lessee .
4 . Subject to earlier termination as hereinarfter provided,
the intial term of this agreement shall be for one ( 1 ) year ( s )
commencingon the 1st dayof September 19 88 and ending
on the 31st day of August 19 89 Lessor. hereby
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grants Lessee three options to renew this lease , subject to the
following terms and conditions :
( a) the term of each option period shall be equal and the
total length of the three options shall equal the
amortization period of the bonds to be issued by Lessor
to finance construction of the aforesaid hangar ;
(b) the monthly rent during each option period shall be
determined in accordance with the following formula :
Monthly Rent = 1/2 X Total Debt Service on Bonds for Option Period
Number of Months in Option Period
(c) Lessee must exercise any option by giving Lessor written
notice at least ninety ( 90 ) days prior to expiration of
the existing term;
(d) Lessee shall be responsible for proper maintenance of
the demised premises ;
(e) Lessee shall reimburse Lessor for one-half of the
premium paid by Lessor for fire and extended insurance
coverage on the entire executive hangar .
5 . Lessee agrees to pay Lessor for the use of the demised
premises , facilities , rights , and privileges granted hereunder the
sum of $ 620.00 per month. Said sum shall be payable in
advance on or before the 1st day of each month.
6 . Lessor shall maintain and keep in good repair so much of
the Airport premises as is not under the exclusive control of
individual lessees .
7 . Lessee shall provide for and supply at its expense all
janitor service with respect to the demised premises , and shall
pay for all utilities serving the demised premises , including, but
not limited to heat, light, gas , electricity, and water .
8 . Lessee agrees to observe and obey Lessor ' s ordinances
and regulations with respect to use of the demised premises and
Airport; provided, however, such rules and regulations shall be
consistent with safety and with rules , regulations and orders of
the Federal Aviation Administration with respect to aircraft
operations at the Airport.
9 . Lessee agrees that it shall use the premises only for
the storage of airplanes and materials and equipment necessarily
related to the operation of said airplanes and that no other
vehicles, equipment or supplies shall be stored on the premises
unless expressly agreed to by Lessor ; provided, when Lessee ' s
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airplane is on a flight , automobiles utilized by the pilot and
passengers may be stored on the premises . Lessee further agrees
not to store any flammable material on the premises or in any way
endanger or violate the provisions of Lessor ' s property damage
insurance policy or the requirement of same . Such violations
shall constitute a material breach of this agreement.
10 . 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 .
11 . If the demised premises are partially damaged by fire or
other casualty, said premises shall be repaired with due diligence
by Lessor at Lessor ' s expense . If the damage is so extensive as
to render such building untenable, the rent payable hereunder
shall be proportionally paid up to the time of such damage and
shall thenceforth cease until such time as the premises shall be
fully restored. If the demised premises are completely destroyed,
Lessor may reconstruct the hangar at Lessor ' s own cost and the
rent payable hereunder shall be adjusted as set forth above , or
Lessor may, at its option, cancel this agreement, such cancella-
tion to be effective as of the date the hangar was destroyed, and
the rent adjusted as set forth above.
12 . Lessee 'shall procure and maintain in force during the
term of this agreement fire and extended coverage insurance on
Lessee ' s aircraft in an amount equivalent to the replacement cost
thereof . Lessor shall procure and maintain in force during the
term of this agreement fire and extended coverage on the aircraft
hangar in an amount equivalent to the replacement cost thereof .
Lessee shall also be required to insure any contents within the
aircraft hangar.
13 . Lessee agrees to indemnify Lessor against any liability
for injuries to persons or damage to property caused by Lessee ' s
negligent use or occupancy of the leased premises ; provided ,
however, that Lessee shall not be liable for any injury, damage or
loss occasioned by the negligence of Lessor or its agents or
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employees ; and provided further, that 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.
14 . If Lessee fails to make any payment due hereunder within
thirty ( 30 ) days of the date on which such payment is due, Lessor
may, at its option, terminate this agreement and take possession
of so much of Lessee ' s personal property as is reasonably neces-
sary to secure payment of the amount due and unpaid. Lessor shall
also have the right to terminate this agreement in the event
Lessee breaches any other term of this agreement. Lessee shall be
entitled to seven ( 7 ) days written notice of termination.
15 . On the expiration or other termination of this lease,
Lessee ' s right to use the demised premises shall cease, and Lessee
shall vacate the premises without unreasonable delay. All
property installed, erected, or placed by Lessee in, on, or about
the premises leased hereunder 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, or any renewal or
extension hereof , and for an additional period of seven ( 7 ) days
after the expiration or other termination of this agreement, to
remove any or all of such property, subject, however, to Lessee ' s
obligation to repair all damage, if any, resulting from such
removal. Any and all property not removed by Lessee prior to the
expiration of the aforesaid seven ( 7 ) day period shall thereupon
become a part of the land on which it is located and title thereto
shall thereupon vest in Lessor.
16 . Lessor may enter the premises leased to Lessee at any
reasonable time for any purpose: necessary or incidental to the
performance of its obligations or Lessee ' s obligations hereunder.
17 . Lessee shall maintain the demised premises in a clean
and orderly fashion at all times .
18 . Lessee shall not store any flammable materials on the
demised premises or in any way violate the provisions of Lessor ' s
said policy.
19 . Lessee shall not start or operate aircraft engines
within the aircraft hangar leased hereby and shall not allow such
operations by any other person.
20 . Lessee shall not at any time assign this lease or sublet
the demised premises without the prior written consent of Lessor .
21 . Any notice or consent required by this Agreement shall
be sufficient if sent by certified mail, return receipt requested,
postage paid, to the following address :
LESSOR: Airport Manager' s Office
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
LESSEE: Continental Ozark, Inc.
c/o Mr. E. G. Bradberry
Post Office Box 1503
Fayetteville, Arkansas 72701 Telephone: 521-5565
22 . This agreement shall be construed under the laws of the
State of Arkansas .
23 . All the convenants , conditions , and provisions under
this agreement shall extend to and bind the legal representatives ,
successors, and assigns of the respective parties hereof .
CITY OF FAYETTEVILLE, ARKANSAS
LESSOR
4114) C)44AkAir''---1
Nayor
ATTEST ���
By: /; �G%I/
City Clerk
CONTINENTAL OZARK, INC.
LESSEE'
By:
Title / resident
ATTEST
By: u haf4A
Title: Secretary
MICROFILMED
This L r, E �.� rT�r:�i�t.?' day of :C/r2j
the: City of Fayetteville Arkansereilranrt�soraior • niipd ) he • fe• ; an• sorrcfthangar at the
Airport ; and
�•11TT_.LF:AS, Lessee desires to lease said aircraft hangar .
New, T TL'P.T � OPT?, tiie partie; in consideration of the mutual
covenants contained herein , hereby agree as follows :
1 . L.essor leases to Lessee , and Lessee leases from Lessor ,
s
r. eElect d on Exi:ibit "A" attached hereto and made a part hereof .
? . Less•ee is granted the use , in common with other similar-
ly authorized , of the Airport , together with all facilities ,
equipment , improvements , and services which have been or may
hereafter be provided at or in connection with the Airport •from
time to time including , hut not limited to , the landing field and
any extensions thereof or additions thereto, roadways , runways ,
aprons , taxiways , flood lights , landing lights , beacons , control
tower , signals , radio aids , and all other conveniences for flying,
landings and take-offs .
3 . Lessee shall have at all times the full and free right-
in ingress to and egress from the demised premises and facilities
reic: rred to herein for Lessee , its employees , customers , passen-
gers , guests , and other invitees . Such rights shall also extend
to person, or organizations supplying materials or furnishing
services to Lessee .
4 . Subject to earlier termination as hereinafter provided ,
the initial term of this agreement shall he for ne ( 9 )month ( s )
•
commencing on the l:;t c.a,; of CcNcnt,��r , 19 88 , and
��t
ending on the t, day of June
19 89
5 . Lessee agrees to pay Lessor for the use of the demised
, """.
premises , facilities , rights , and privileges granted hereunder the
sum of $ 62e•00 per month . Said sum shall be payable in
advance on or before the first day of each month.
G. Lessor shall maintain and keep in good repair so much of
the Airport premises as is not under the exclusive control of
individual lessees.
7. Lessee shall - provide for and supply at its expense all
janitor service with respect to the demised premises , and shall
pay for all utilities serving the demised premises , including, but
not limited to heat, light , gas , electricity, and water.
B . Lessee agrees to observe and obey Lessor' s ordinances
and regulations with respect to use of the demised premises and
Airport ; provided , however, such rules and regulations shall be
consistent with safety and with rules , regulations and orders of
the Federal Aviation Administration with respect to aircraft
operations at the Airport .
--9 . Lessor authorizes Lessee to use the premises only for
the storage of airplanes and materials and equipment necessarily
related to the operation of said airplanes and that no other
vehidles , equipment or supplies shall be stored on the premises
unless expressly agreed to by Lessor ; provided , when Lessee ' s
airplane is on a flight , automobiles utilized by the pilot and
passengers may be stored on the premises . Lessee further agrees
not to store any flammable material on the premises or in any way
endanger or violate the provisions of Lessor ' s property damage
insurance policy or the requirement of same. Such violations
shall constitute a material breach of this agreement.
10 . Lessee further agrees that it shall only be permitted to.
engage in minor maintenance on the airplane stored in the building
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and shall not engage in any major overhaul of the airplane within
the leased premises .
11 . If the demised premises are partially damaged by fire or
other casualty, said premises shall be repaired with due diligence
by Lessor at Lessor ' s expense . If the damage is so extensive as
to render such building untenable, the rent payable hereunder
shall be proportionally paid up to the time of such damage and
shall thenceforth cease until such time as the premises shall be
fully restored. If the demised premises are completely destroyed,
Lessor may reconstruct the hangar at Lessor' s own cost and the
rent payable hereunder shall he adjusted as set forth above, or
Lessor may, at its option, cancel this agreement , such cancella-
tion to be effective as of the date the hangar was destroyed, and
the rent adjusted as set forth above .
11 . Lessee shall procure and maintain in force during the
term of this agreement fire and extended coverage insurance on
Lessee ' s aircraft in the amount equivalent to the replacement cost
thereof. Lessor shall procure and maintain in force during the
term of this agreement fire and extended coverage on the aircraft
hangar in an amount equivalent to the replacement cost thereof .
Lessee shall also be required to insure any contents within the
aircraft hangar.
12 . Lessee agrees to indemnify Lessor against any liability •
for injuries to persons or damage to property caused by Lessee' s
negligent use or occupancy of the leased premises ; provided,
however, that 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, that 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 ; and provided further ,
Lessee ' s liability under its foregoing obligation to indemnify Lessor
for injuries or damages caused by Lessee ' s negligent use or occupancy
of the premises shall be determined by , and subject to the jurisdiction
and procedures of , the Ai ' : ns State Claims Commission .
13 . Either party may terminate this agreement by giving the
other party thirty ( 30 ) days advance written notice of termina-
tion.
14 . If Lessee fails to make any payment due hereunder within
thirty ( 30 ) days of the date on which such payment is due, Lessor
may, at its option, terminate this agreement and take possession
of so much of Lessee' s personal property as is reasonably neces-
sary to secure payment of the amount due and unpaid. Lessor shall
also have the right to terminate this agreement in the event
Lessee breaches any other term of this agreement. Lessee shall be
entitled to seven ( 7) days written notice of termination.
15 . On the expiration or other termination of this lease,
Lessee' s right to use the demised premises shall cease, and Lessee
" shall vacate the premises without unreasonable delay. All
property installed, erected, or placed by Lessee in, on, or about
the premises leased hereunder 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, or any renewal or
extension hereof, and for an additional period of seven (7 ) days
after "-the expiration or other termination of this agreement, to
remove any or all of such property, subject, however, to Lessee ' s
obligation to repair all damage , if any, resulting from such
removal: Any and all property not removed by Lessee prior to the
expiration of the aforesaid seven ( 7 ) days period shall thereupon
become a part of the land on which it is located and the title
thereto shall thereupon vest in Lessor.
16 . Lessor may enter the premises leased to Lessee at any
reasonable time for any purpose necessary or incidental to the
performance of its obligations of Lessee ' s obligations hereunder.
17 . Lessee shall maintain the demised premises in a clean
and orderly fashion at all times .
18 . Lessee shall not store any flammable materials on the
demised premises or in any way violate the provisions of Lessor ' s
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insurance policy on the aircraft hangar or the requirements of
said policy.
19 . Lessee shall not start or operate aircraft engines
within the aircraft hangar leased hereby and shall not allow such
operation by any other person.
20 . Any notice or consent required by this agreement shall
he sufficient if sent by certified mail, return receipt requested,
postage prepaid, to the following address :
Lessor: City of Fayetteville
c/o Airport Manager
113 W Mountain
Fayetteville, Arkansas 72701
Lessee : University of Arkansas
University Pilots
c/o Donita Hubbard
Broyles Athletic Complex
Fayetteville, Arkansas 72701 575-2755
21 . This agreement shall be construed under the laws of the
State of Arkansas .
22 . All the covenants , conditions , and provisions under this
agreement shall extend to and bind the legal representatives ,
successors, and assigns of the respective parties hereto.
•
CITY OF FAYETTEVILLE, ARKANSAS
LESSOR
By:
Mayo
ATTEST By: Atfr
.t Clerk
UNIVERSITY OF NSA
LESSEE
T tle: ✓P iZC /'Q.l3(YC � __
ATTEST STATE OF ARKANSAS
• / „ STATE BUILDING SERVICES
BY l/V '
Title: iLk( - 6�(.Gg/U.44, ,
S S • dministrator/Date
BY: rem✓ '7/26`0
• S Dir ctor/Date
MICROFILMED
LEASE•
i
This LEA SE executed this )o day of41,4114.4._
19 a by and between the City or Fayetteville, Arkansas, hereinafter,
called "Lessor" and Nelms Honda
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, TORE, in consideration of the mutual covenants contained
herein the parties agree as follows:
1. Lessor leases to Lessee, and Lessee leases fran Lessor,
A-3 "A"
space number in aircraft hangar number ,
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,
the initial term of this agreement shall be for a period of 1
year(s) commencing on the 1st day of September , 19 88 ,
and ending on the 31st day of August , 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
. .
ti
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e xtended 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 $ 141.00 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 he proportionately paid up to
the time of such damage and shall thenceforth cease until such time
as the T-hangar shall be fully restored.
y
"� .
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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 fran 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.
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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:
Nelms Honda
2781 N. College Avenue
Fayetteville, AR 72701 Phone: 521-3813, 442-4210, 751-1460
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: TY
Ma or p
ATTEST
By: ii404,t4
Clerk
Lessee ,/X
By: ors._
Title:
Title: �.�.
ATTEST
By:
Title:
r
HANGAR "A"
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Exhibit "A"
MICROFILMED
CITY OF FAYETTEVILLE, ARKANSAS
LEASE AGREEMENT
BID NO.
Lease Agreement executed this day of , 1988,
between the City of Fayetteville, Arkansas, municipal rporation,
hereinafter called "lessor" and ,
hereinafter called "Lessee."
1. Premises. Lessor hereby leases to Lessee, and Lessee
hereby leases from Lessor the following described property situated
in Washington County, Arkansas:
Approximately 170 acres, more or less, of that portion of the
Drake Field Municipal Airport property marked "Hayfield"
on the map entitled, "Exhibit A" , Drake Field Property Hay Lease,
dated June 20, 1988, attached hereto and made a part hereof.
2. Term. This lease shall be for a term of five (5) years
commencing on the 7th day of September 1988, and ended
on the i_,5th day of September , /993.
3. Consideration. In consideration of Lessor Leasing the
above described property of Lessee for the aforesaid term, Lessee
® p
agrees to pay Lessor a total sum of $ :;,7/ a Dollars, payable
as follow :: Upon execution of this agreement, Lessee shall pay
Lessor q_rilui,--- ars receipt of which is hereby acknowledged.
On or before the 7th day of September of each succeeding
year while this lease is in effect Lessee shall pay Lessor the sum
/ O�
of $ /,5 9O, rs until said $ 7,7 total sum is paid
in full.
4. This lease shall be subject to the following conditions:
(1) This lease shall be for the sole purposes of removing hay
form any or all of the above described property and the placing of
livestock only upon the above described property marked "Hayfield"
and the cultivation of grain crops under the supervision of the
Airport Manager on those portions of the above described property _
marked "Hayfield" on Exhibit "A" attached hereto and made a part hereof.
In the event Lessee grows grain crops on any of the above
described property, Lessee, at the end of the lease term, shall plant
all the land on which grain crops were grown in permanent improved
(1)
J r
pasture containing grasses approved by the Airport Manager; if Lessor
does not desire for Lesseee to so plant said land, Lessor shall give Lessee
ninety (90) days notice upon expiration of which Lessee shall pay Lessor
fifty dollars ($50.00) per acre for each acre cultivated. Lessee shall
provide Lessor with an annual performance bond in an amount equivalent to
fifty dollars ($50.00) times the number of acres cultivated. Said bond
shall be subject to approval by Lessor's City Attorney, and shall be to
guarantee performance of Lessee's obligations under this paragraph. It
is hereby understood and agreed that livestock shall not be permitted to
enter upon any other land at the Fayetteville Municipal Airport.
(2) Lessee agrees that he shall keep and maintain the property
covered by this lease in a good condition and husbandlike manner; that
he will keep all fence rows and drains free and clear of weeds, underbrush
and obstructions at all times; that he will fertilize said lands annually
and return thiem to the Lessor in as close to the original condition as
possible. Lessee shall brush-hog or otherwise keep the brush cut annually
from all areas not mowed for hay.
(3) Lessee shall erect on improvements of any nature whatsoever
on said property and shall construct no additional fences, gates, or
other structures thereon without the prior written consent of the Lessor.
Lessee agrees that he will not permit any public nuisance to exist on
said lands.
(4) Lessee shall not cut, remove, or carry off nor allow to be
cut, removed, or carried off, from said above described lands any tree,
soil, rock, or minerals or any kind whatsoever. Further, Lessee specifically
agrees that he will not hunt, or allow hunting by any person or persons on
said property.
(5) Lessee agrees that Lessor or its agents shall have the right at
all times to enter upon said property for the purpose of inspecting
same.
(2)
.4
(6) The Lessor shall have the right and privilege of granting easements
for any purpose on, over, and across said property, enter upon
said land for the purpose of constructing and maintaining anything for
the purpose that the Lessor in its own judgment may require without the
necessity of having to pay and compensation to the Lessee as damages by
reason of the exercise of any of the above rights and privileges.
(7) Lessee hereby agrees to hold harmless and indemnity the Lessor from
any and all claims or damages occasioned by or arising from Lessee's
activities upon the above decribed property.
(8) Lessee agrees that prior to any entry upon the above described
property Lessee will obtain clearance and authorization from the Airport
Manager prior to entry upon the air operations area.
(9) The Lessee shall not assign this Lease or sublet any part of the
above described property without first obtaining the written consent of
the Lessor.
(10) Either party may terminate this lease agreement upon the giving
sixty (60) days written notice sent by certified mail to the other party's
last known address; provided, in the event of early termination by Lessor,
Lessee shall have the right to harvest, at the proper time, any grain
crops growing 'on the above described property on the date of Lessor's
Notice of Termination.
IN WITNESS WHEREOF, the parties have executed this agreement the date first
above written.
CITY OF FAYETTEVILLE, ARKANSAS
BY
Lessor
BY
Lessee
ATTEST:
Ci erk
(3)
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JULY 1988
Q C C
EXBHIBIT "A"
DRAKE FIELD PROPERTY: HAY LEASE