HomeMy WebLinkAbout209-25 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 209-25
File Number: 2025-1667
A RESOLUTION TO APPROVE A THREE-YEAR LEASE AGREEMENT WITH ELITE AIRCRAFT
SERVICES LLC, D/B/A EAS FLIGHT TRAINING FOR APPROXIMATELY 1,128 SQUARE FEET OF
OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING FOR $1,200.00 PER MONTH FOR THE FIRST
YEAR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a three-year lease agreement
with Elite Aircraft Services LLC, d/b/a EAS Flight Training for approximately 1,128 square feet of office space in the
airport terminal building for $1,200.00 per month for the first year, $1,300.00 for year two and $1,400.00 for year
three.
PASSED and APPROVED on September 16, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1667
MEETING OF SEPTEMBER 16, 2025
TO: Mayor Rawn and City Council
THRU: Chris Brown, Public Works Director
Terry Gulley, Asst Public Works Director - Ops
Keith Macedo, Chief of Staff
FROM: Jared Rabren, Airport Director
SUBJECT: Airport Office Lease - EAS Flight Training
RECOMMENDATION:
The Aviation Division requests a resolution to approve and allow the Mayor to sign a lease agreement between
the City of Fayetteville and Elite Aircraft Services LLC, DBA: EAS Flight Training for approximately 1,128
square feet of office space in the Terminal Building located at 4500 S School Ave, pursuant to RFP 25-12. This
is a three-year lease agreement.
BACKGROUND:
Earlier this year, the Aviation Division relocated from their offices on the east side of the terminal building. Due
to multiple interested parties, an RFP was created for the former Aviation Division offices. This lease
represents one of two parties that are being jointly awarded a portion of those offices.
DISCUSSION:
EAS Flight Training is currently a tenant of Drake Field. They offer flight training to the public with a fleet of
aircraft stationed across multiple airports. To meet growing demand, they are in need of a larger office space.
BUDGET/STAFF IMPACT:
EAS will pay $1,200 per month for approximately 1,128 square feet of office space. The lease includes a yearly
adjustment, reflected as $1,300 for year two and $1,400 for year three.
ATTACHMENTS: 3. Staff Review Form, 4. EAS Lease Signed
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1667
A RESOLUTION TO APPROVE A THREE-YEAR LEASE AGREEMENT WITH ELITE
AIRCRAFT SERVICES LLC, D/B/A EAS FLIGHT TRAINING FOR APPROXIMATELY 1,128
SQUARE FEET OF OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING FOR
$1,200.00 PER MONTH FOR THE FIRST YEAR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a three-year
lease agreement with Elite Aircraft Services LLC, d/b/a EAS Flight Training for approximately 1,128
square feet of office space in the airport terminal building for $1,200.00 per month for the first year,
$1,300.00 for year two and $1,400.00 for year three.
City of Fayetteville Staff Review Form
2025-1667
Item ID
9/16/2025
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Jared Rabren 8/25/2025 AIRPORT SERVICES (760)
Submitted By Submitted Date Division / Department
Action Recommendation:
The Aviation Division requests a resolution to approve and allow the Mayor to sign a lease agreement between the
City of Fayetteville and Elite Aircraft Services LLC, DBA: EAS Flight Training for approximately 1,128 square feet of
office space in the Terminal Building located at 4500 S School Ave. This is a three year lease agreement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item?No Total Amended Budget $-
Expenses (Actual+Encum)$-
Available Budget $-
Does item have a direct cost?No Item Cost $-
Is a Budget Adjustment attached?No Budget Adjustment $-
Remaining Budget $-
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
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TERMINAL
LEASE AGREEMENT
This LEASE AGREEMENT made this ______ day of ___________________, 2025, by and
between the City of Fayetteville, Arkansas, hereinafter called “City”, and Elite Aircraft Services
LLC, DBA: EAS Flight Training, hereinafter called “Lessee.”
WHEREAS, City is the owner of an airport known as the Fayetteville Airport, Drake Field, herein
referred to as the “Airport”; and
WHEREAS, City is the owner of office space at the Airport; and
WHEREAS, Lessee desires to lease said office space,
NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein,
hereby agree as follows:
1. City leases Lessee, and Lessee leases from City, approximately 1128 sq. ft. of office space in
the Terminal Building located at 4500 S. School Ave, Ste. E, Fayetteville, Arkansas.
2.Lessee is granted the use, in common with others similarly 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 hereof or additions thereto, roadways, runways, ramps, 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, passengers, guests,
and other invitees. Such rights shall also extend to persons or organizations supplying materials
or furnishing services to Lessee.
4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement
shall be for 3 years commencing on the __ _ day of , 2025, and ending on the
day of , 2028.
This Lease Agreement may be terminated by either party with a sixty (30) day written notice.
16 SeptemberSeptember 16
16 September
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5. Rent: Lessee agrees to pay the City for the use of the premises, facilities, rights, and privileges
granted hereunder the following amounts, which are adjusted beginning on the anniversary date of
this Lease Agreement:
• Year 1: $1200.00
• Year 2: $1300.00
• Year 3: $1400.00
6. City shall maintain and keep in good repair so much of the Airport premises as are not under
the exclusive control of Lessee. Lessee shall, at the termination, surrender or forfeiture of this
lease, return said premises in same or better condition premises were at the beginning of the lease,
normal wear and tear excepted.
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 additional to those offered to the building in its entirety,
including additional phone or internet services.
8. Improvements: Lessee shall bear the cost of all improvements or additions made to the interior
or exterior of the building on the leased premises. No improvements or additions to any part of
the leased premises shall be made by Lessee without the prior written approval of the Airport
Manager, whose consent will not be unreasonably withheld. Any signs or antennas to be erected
on or attached to the leased premises must have the prior written approval of the Airport Manager
and conform to all City Ordinances.
9. Maintenance: The City shall be responsible only for major maintenance of the existing
equipment, i.e. replacement of heating unit and other equipment in place in the facility which
includes, roof, hangar door motors, exterior walls, exterior plumbing, paved ramp and paved
parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing
of said building thereof shall become defective or damaged at any time during the term due to
ordinary wear and tear and not due to negligence of Lessee , or Lessee ‘s agents or invites, upon
notice from Lessee, the City will immediately cause repairs to be made and restore the defective
portions to good condition. 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.
10. Lessee agrees to observe and obey City’s Ordinances and Regulations with respect to use of
the demised premises and Airport; provided, however, such Ordinances and Regulations shall be
consistent with safety and with all city, county, and state rules, regulations, including all current
fire codes, and orders of the Federal Aviation Administration with respect to aircraft operations at
the Airport, and provided further, such Ordinances and Regulations shall be consistent 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’ aircraft at the Airport.
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“The Minimum Standards for Fayetteville Executive Airport, Drake Field” herein referred to as
Airport Minimum Standards are made part of this lease by reference as if included word for word.
11. Lessee agrees that it shall use the premises for the implementation and conducting of an
aeronautical business activity. Lessee agrees that it shall use the premises only for the storage of
aeronautic materials and equipment necessarily related to the operation of said aeronautical
business activity and that no other vehicles, equipment or supplies shall be stored on the premises
unless expressly agreed to by the City. Lessee further agrees not to store any flammable material
on the demised premises, other than a limited supply of oils and agents necessary for current
aircraft maintenance and repair, or in any way endanger or violate the provisions of the City’s
standard commercially available property insurance policy or the requirements of same. Such
violations shall constitute a material breach of this Agreement.
12. Hazardous Substance: Lessee shall not cause or permit any Hazardous Substance to be
used or stored on or in the Leased Premises without first obtaining the City’s written consent. If
hazardous Substances are used, stored, generated, or disposed of on or in the Leased Premises or
if the Leased Premises or any other Airport property becomes contaminated in any manner for
which Lessee is responsible or legally liable, Lessee shall indemnify and hold harmless the City,
its officers, directors, agents, servants, and employees from any and all claims, damages, fines,
judgments, penalties, costs, liabilities, or losses including all reasonable costs for investigation and
defense thereof, (including but not limited to attorney’s fees, court costs, and expert fees, and
without limitation, decrease in value of the Lease Premises, damages caused by loss or restriction
of rentable or usable space as a part of the Leased Premises arising during or after the term hereof
and arising as a result of that contamination by Lessee, Lessee agents, employees, and invitees.
This indemnification includes, without limitation, all cost incurred because of any investigation of
the Airport or any cleanup, removal, or restoration mandated by a federal, state, local agency or
political subdivision.
13. Lessee shall maintain in force during the Term and any extended term public liability and
property damage insurance in comprehensive form as reasonably may be required by the City and
specified in the Airport Minimum Standards. The insurance shall be issued by an insurer licensed
to do business in the State of Arkansas.
Concurrent with the execution of this Agreement, Lessee shall provide proof of insurance coverage
by providing a Certificate of Lessee’s Insurance coverage, a copy of the declarations page on the
insurance policy, and a copy of all endorsements. The Certificates of Insurance, or endorsements
attached thereto, shall provide that; (a) insurance coverage shall not be canceled, changed in
coverage, or reduced in limits without at least thirty (30) days prior written notice to the City: (b)
the City and the Airport and their trustees, agents, officers, servants, and employees are named as
additional insured: (c) the policy shall be considered primary as regards to any other insurance
coverage the City may possess, including any self-insured retention or deductible the City may
have, and any other insurance coverage the City may possess shall be considered excess insurance
only; (d) the limits of liability required therein are on an occurrence basis.
14. Lessee agrees to indemnify City against any and all liabilities, losses, suits, claims, judgments,
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fines, penalties, demands or expenses, including all reasonable costs for investigation and defense
thereof, (including but not limited to attorney’s fees, court costs, and expert fees, for injuries to
persons or damage to property caused by Lessee use or occupancy of the lease premises; provided,
however, that Lessee shall not be liable for any injury, damage or loss arising from the negligence
of City or its agents or employees; and provided further, that each party shall give prompt and
timely notice of any claim made or suit instituted which in any way directly or indirectly affects
or might affect either party, and each party shall have the right to compromise and defend the same
to the extent of its own interest. This clause shall not be construed to waive that tort immunity as
set forth under Arkansas Law.
15. Lessee agrees that it will not discriminate by segregation or otherwise against any person or
persons because of race, creed, color, religion, national origin, sex, marital status, or handicap in
the furnishing, or by refusing to furnish, to such persons the use of any facility, including any and
all services, privileges, accommodations, and activities provided thereby. Nothing herein shall
require the furnishing to the general public of the use of any facility customarily furnished by the
City solely to tenants, their employees, customers, patients, client, guests, and invites.
16. Assigning, Subletting and Encumbering. Lessee shall not assign this Agreement in whole or
in part, nor sublease all or any part of the Leased Premises, nor permit other persons to occupy
said Leased Premises or any part thereof, not grant any license or concession for all or any part of
said Leased Premises, without the prior written consent of the Airport Manager, which consent
shall not be unreasonably withheld. Any consent by the Airport to an assignment or subletting of
this Agreement shall not constitute a waiver of the necessity of obtaining that consent as to any
subsequent assignment. Any assignment for the benefit of Lessee’s creditors or otherwise by
operation of law shall not be effective to transfer or assign Lessee’s interest under this Agreement
unless the Airport shall have first consented thereto in writing. Neither Lessee’s interest in this
Agreement, not any estate created hereby in Lessee nor any interest herein or therein, shall pass to
any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law
except as may specifically be provided in the Bankruptcy Code. If any of the corporate shares of
stock of Lessee are transferred, or if any partnership interests of Lessee are transferred, by sale,
assignment, bequest, inheritance, operation of law, or otherwise, so as to result in a change of the
control, assets, value, ownership, or structure of Lessee, same shall be deemed an assignment for
the purposes of this Section 17 and shall require the Airport’s prior consent, and Lessee shall notify
the Airport of any such change or proposed change.
17. 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 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 fourteen (14) 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 fourteen (14) day period shall thereupon become a part of the land on
which it is located, and title hereto shall thereupon vest in City.
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18. City 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.
19. Lessee shall maintain the demised premises in a clean and orderly fashion at all times.
20. Lessee agrees that habitation of the hangar building or offices as a residence is prohibited.
22. 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:
CITY OF FAYETTEVILLE LESSEE
Airport Administration Office
4500 S. School Avenue, Suite F PO Box 230
Fayetteville, Arkansas 72701 Pierce City, MO 65723
Phone: (479) 718 -7642 Phone: (417) 236-4118
24. This agreement shall be construed under the laws of the State of Arkansas.
25. All the covenants, conditions, and provisions under this agreement shall extend to and bind
the legal representative, successors, and assigns of the respective parties hereof.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above
written.
CITY OF FAYETTEVILLE, ARKANSAS
By:__________________________________
Molly Rawn, Mayor
ATTEST
By:__________________________________
Kara Paxton, City Clerk Treasurer
LESSEE
By:__________________________________
_____________________________________
Title
Member
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Included in this agreement are the following:
• Office 1
• Office 2
• Lobby Area
• Storage