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HomeMy WebLinkAbout224-26 RESOLUTION Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 224-26 File Number: 2026-3477 A RESOLUTION TO AMEND THE LEASE AGREEMENT WITH OSM AVIATION ACADEMY ARK LLC TO ADD APPROXIMATELY 1,128 SQUARE FEET OF OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING WHEREAS, on March 17, 2026, the City Council passed Resolution 79-26 authorizing a five-year lease agreement with OSM Aviation Academy Ark, LLC who anticipated launching its FAA Part 141 airline pilot training program during the second quarter of 2026 while expanding its fleet and student enrollment over time; and WHEREAS, as OSM prepared construction plans for its leased terminal space, adjoining space became available; and WHEREAS, OSM has elected to exercise its right of first refusal for additional terminal office space directly adjacent to its leased premises which will allow for a 1,128 square foot expansion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign an amended lease agreement with OSM Aviation for an expansion of 1,128 square feet in the terminal building for the additional amount of $1,410 per month. PASSED and APPROVED on October 20, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-3477 MEETING OF OCTOBER 20, 2026 TO: Mayor Rawn and City Council THROUGH: Jennifer Walker, Chief of Staff FROM: Chris Brown, Public Works Director SUBJECT: OSM Aviation Academy Lease Amendment RECOMMENDATION: Staff recommends approval of a Resolution authorizing Mayor Rawn to sign an amended lease agreement with OSM Aviation Academy Ark LLC to add approximately 1,128 square feet of office space in the Airport Terminal Building at Drake Field for additional rent of $1,410 per month, and to move the annual rent adjustment date to October 1. BACKGROUND: On March 17, 2026, the City Council approved Resolution 79-26, authorizing a five-year lease agreement with OSM Aviation Academy. At that time, OSM anticipated launching its FAA Part 141 airline pilot training program during the second quarter of 2026 and expanding its fleet and student enrollment over time. Federal Certifications Part 141 is the FAA certification for pilot schools that teach FAA-approved courses. OSM initially expected to operate the Fayetteville campus as a satellite base under the FAA Part 141 Pilot School Certificate held by its Florida operation, a process estimated to take four to eight weeks. During coordination with the FAA, OSM learned that the company's existing Air Agency Certificate and Training Specifications could not be extended to Fayetteville. OSM must therefore complete a separate Part 141 certification for this location, including FAA approval of its Training Course Outlines and inspection of its facilities, equipment, aircraft, and personnel. The application is in the FAA's queue, which presently carries a very extensive wait before consideration. Separately, OSM is working with the U.S. Department of Homeland Security to obtain Student and Exchange Visitor Program (SEVP) certification, which allows a school to issue the Form I-20 that international students need to apply for an F-1 or M-1 student visa. This is a multi-step federal review involving supporting documentation, fees, a DHS site visit, formal adjudication, and potentially a Request for Evidence, and DHS does not provide a firm completion date. Because SEVP certification cannot be completed until the FAA certification is in place, the FAA timeline carries forward into the DHS timeline. International students are expected to represent a large share of OSM's enrollment, so this approval is essential to the campus reaching the scale described in March. Revised Launch Plan While the federal reviews proceed, OSM will begin operations with Part 61 pilot training, open first to Fayetteville residents. Part 61 permits flight training to be conducted independently of a separate Part 141 school certificate and allows the Fayetteville operation to begin building activity while the federal approvals are being processed. The March plan had Arkansas-based students beginning in June 2027, so domestic students and local residents gain access to training sooner than anticipated. OSM has hired several full-time employees Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov for the Fayetteville campus and has posted additional job listings. Revenue Under the Original Lease The original lease agreement is already generating revenue for Drake Field. Hangar rent for Corporate Hangar 4578 has been billed at $1,900 per month since the lease commenced and totals approximately $11,400 to date. DISCUSSION: Why the Additional Space Matters As OSM prepared construction plans for its leased terminal space, the company learned that adjoining space may soon become available. The original lease provides OSM with a right of first refusal, meaning the first chance to lease, for additional terminal office space directly adjacent to its premises. Rather than complete the initial build-out and undertake a second construction project later, OSM elected to exercise this right and request an additional 1,128 square feet. The proposed expansion would provide OSM with approximately 4,154 square feet of contiguous space inside the terminal building. The additional space would allow the academy to relocate its flight simulators indoors rather than housing them in a hangar, expand its classroom capacity, and create a more functional layout for students, instructors, and staff. Construction Sequencing Because the opportunity to expand OSM’s terminal space arose before construction began, the academy was able to redesign the full build-out before completing the original suite. This avoids constructing the initial space and then modifying it again in the near future to incorporate the additional area. OSM has coordinated with a local construction firm that is prepared to begin the interior build-out following City Council action on the amended lease agreement. This timing will allow construction across the entire leased space to proceed as a single, coordinated project. Rent on the Additional Space Under the amended agreement, OSM will begin paying rent for the 1,128 square feet of additional space (Suite E) immediately at a rate of $15 per square foot per year. This equates to a base rent of $1,410 per month, or $16,920 per year. Under the amended agreement, the City will continue to credit $3,782.50 each month against rent on the original space (Suite O) until the total credits equal the cost of OSM's improvements approved by the Airport Director. Airport Director approved improvement costs for work in both Suite O and Suite E will count toward that total. Once the full approved cost has been credited, OSM will pay the full terminal base rent of $5,192.50 per month for the combined 4,154 square feet. Until then, OSM will pay $1,410.00 per month for Suite E and $1,900 per month for Corporate Hangar 4578. Summary of Changes to the Lease Agreement The leased premises expand from approximately 3,026 square feet of office space in Suite O to approximately 4,154 square feet across Suite O and Suite E. Corporate Hangar 4578 is unchanged. OSM retains its right of first refusal on any additional Terminal Building office space that directly abuts its leased space, and Exhibit A is updated to reflect the combined premises. The annual 3 percent rent escalation remains in place, but the adjustment date moves from the anniversary of the agreement to October 1, beginning in 2027. This places both the hangar and terminal rent on one annual adjustment date and simplifies the Airport's administration of the lease. The first escalation under the amended agreement will occur on October 1, 2027. BUDGET/STAFF IMPACT: The amended lease agreement will generate additional revenue for Drake Field without a capital expense to the City. Rent for Suite E will begin at commencement at $1,410.00 per month, or $16,920 per year before escalation. Assuming an October 2026 commencement, Suite E would generate approximately $79,500 over Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov the remainder of the initial term, including the 3 percent annual escalations. ATTACHMENTS: 3. Staff Review Form, 4. OSM Amended Lease with Exhibit A, 5. RESOLUTION 79-26 AND LEASE Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-3477 A RESOLUTION TO AMEND THE LEASE AGREEMENT WITH OSM AVIATION ACADEMY ARK LLC TO ADD APPROXIMATELY 1,128 SQUARE FEET OF OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING WHEREAS, on March 17, 2026, the City Council passed Resolution 79-26 authorizing a five-year lease agreement with OSM Aviation Academy Ark, LLC who anticipated launching its FAA Part 141 airline pilot training program during the second quarter of 2026 while expanding its fleet and student enrollment over time; and WHEREAS, as OSM prepared construction plans for its leased terminal space, adjoining space became available; and WHEREAS, OSM has elected to exercise its right of first refusal for additional terminal office space directly adjacent to its leased premises which will allow for a 1,128 square foot expansion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign an amended lease agreement with OSM Aviation for an expansion of 1,128 square feet in the terminal building for the additional amount of $1,410 per month. Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #79-26 Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-3477 Item ID 10/20/2026 City Council Meeting Date - Agenda Item Only Staff recommends approval of a Resolution authorizing Mayor Rawn to sign an amended lease agreement with OSM Aviation Academy to add approximately 1,128 square feet of office space in the Airport Terminal Building. N/A for Non-Agenda Item Action Recommendation: Submitted By Chris Brown AIRPORT SERVICES (760) Division / Department 9/29/2026 Submitted Date No -$ -$ Budgeted Item? Does item have a direct cost? Is a Budget Amendment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Amendment Remaining Budget -$ -$ No No -$ -$ Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 1 FAYETTEVILLE – DRAKE FIELD AMENDED LEASE AGREEMENT This AMENDED LEASE AGREEMENT made this ______ day of ___________________, 2026, by and between the City of Fayetteville, Arkansas, hereinafter called “City”, and OSM Aviation Academy Ark LLC, an Arkansas limited liability company, 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, on March 17, 2026, the Fayetteville City Council approved Resolution 79- 26 and authorized a lease agreement with Lessee for the hangar located at 4578 S. School Avenue and 3,026 square feet of office space in the Airport Terminal building located at 4500 S. School Avenue, Suite O; and WHEREAS, Suite E, which is adjacent to Suite O, has become available in the Airport Terminal building and, pursuant to the original Lease Agreement, Lessee has exercised its right of first refusal and requests to lease Suite E, which is approximately 1,128 square feet at the same rate as its current office space lease. NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, hereby agree as follows: 1.Leased Premises: City leases to Lessee, and Lessee leases from City the following buildings or portions of buildings (collectively the “Leased Premises”) described as: •Corporate Hangar 4578 located at 4578 S. School Ave., Fayetteville, AR 72701. •Approximately 4,154 square feet of office space in the Airport Terminal building at 4500 S. School Ave., Fayetteville, AR 72701 identified as Suite O and Suite E. o Right of first refusal: Lessee shall also have the right of first refusal to lease any additional office space in the Airport Terminal building that directly abuts this space. Parking adjacent to each facility shall be conveyed as part of the Agreement at no additional cost to Lessee. The Leased Premises are also shown and further described in the Leased Premises diagram attached to this Agreement as Exhibit A. 2.Use of Common Airport Facilities: 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, 20 October Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 2 beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and take-offs. 3.Ingress and Egress: Lessee shall have at all times the full and free right in ingress to and egress from the Leased 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 five (5) years commencing on the 17th day of March, 2026 and ending on the 16th day of March, 2031. Lessee shall have the option to renew this agreement for one additional five (5) year term. This option may be exercised upon written notice from Lessee to the City at least ninety (90) days before the end of the initial term. This Amended Lease Agreement may be terminated by Lessee with a six (6) month written notice during either the initial term or renewal term. The City may terminate this agreement for convenience with a six (6) month written notice only during the renewal term. Lessee shall, at the termination, surrender or forfeiture of this lease or any portion of this lease, return said Leased Premises in the same or better condition as they were at the beginning of the lease, normal wear and tear excepted. 5.Rent: Lessee agrees to pay the City for the use of the premises, facilities, rights, and privileges granted hereunder the following amounts: •Corporate Hangar 4578: Base Rate of $1,900.00 per month, increased by 3% per year on October 1 beginning in 2027. •Airport Terminal Building 4500 (Suite O and Suite E): Base Rent of $5,192.50 per month, adjusted 3% per year on October 1 beginning in 2027, subject to the offset provisions below. o This Base Rent is calculated as $15 per sq. ft. per year, applied to 4,154 sq. ft and divided equally across 12 calendar months. o Rent Offsets: City agrees to credit Lessee for the actual cost of the Lessee-installed improvements within the existing space’s footprint approved by the Airport Director in accordance with Section 9 below (the “Approved Improvement Cost”) in the amount of $3,782.50 per month. Beginning on the commencement date of this Amended Lease Agreement, Lessee’s obligation to pay Base Rent shall be$1,410.00 until the total rent offsets applied equals the Approved Improvement Cost. After the Approved Improvement Cost has been fully credited, Lessee shall pay Base Rent in the full amount set forth in this Amended Lease Agreement. The Rent Offset applies only to Base Rent for the Airport Terminal building and shall not apply to additional rent, operating expenses, taxes, insurance, utilities, late fees, or other amounts due under this Amended Lease. . Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 3 6.City Responsibilities: City shall maintain and keep in good repair so much of the Airport premises as are not under the exclusive control of Lessee. 7.Cleaning: Lessee shall provide for and supply at its expense all janitor service with respect to the Leased Premises. 8.Utilities: Lessee shall pay for all utilities associated with Corporate Hangar 4578. City provides electric, water/sewer, and gas utility services in the Airport Terminal. Any other utility costs including, but not limited to, internet service shall be paid by the Lessee. 9.Improvements: Lessee shall bear the cost of all improvements or additions made to the interior or exterior of the building(s) 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 Director, 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 Director and shall conform to all City Ordinances. Improvements outside of the existing footprint of Corporate Hangar 4578 including, but not limited to, building expansions or additions, shall be approved only by separate written agreement between Lessee and the City, which may take the form of an amendment to this Lease Agreement. 10.Maintenance of the Leased Premises: Lessee shall maintain the Leased Premises in a clean and orderly fashion at all times. 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 untenantable, 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. 11. Applicable Laws and Regulations: Lessee agrees to observe and obey City’s Ordinances and Regulations with respect to use of the Leased 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’s aircraft at the Airport. Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 4 “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. 12. Lessee’s Use of Leased Premises: Lessee agrees that it shall use the Leased Premises for the implementation and conducting of an aeronautical business activity. Lessee agrees that it shall use the Leased 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 Leased Premises unless expressly agreed to by the City. Lessee further agrees not to store any flammable material on the Leased 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. Lessee agrees that habitation of the hangar building or offices or any portion of the Leased Premises as a residence is prohibited. 13. 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 Leased 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 costs incurred because of any investigation of the Airport or any cleanup, removal, or restoration mandated by a federal, state, local agency or political subdivision. 14. Insurance Requirements: 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 in this Agreement or the Airport Minimum Standards, or as required by the Airport Director. 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 Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 5 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. 15. Indemnification: Lessee agrees to indemnify City against any and all liabilities, losses, suits, claims, judgments, 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 Leased 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. 16. Nondiscrimination: 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, clients, guests, and invites. 17. 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 City, which consent shall not be unreasonably withheld. Any consent by the City 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 City 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 16 and shall require the City’s prior consent, and Lessee shall notify the City of any such change or proposed change. 18. Removal of Property Upon Expiration of Lease: On the expiration or other termination of Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 6 this lease Lessee’s right to use the Leased Premises shall cease, and Lessee shall vacate the Leased Premises without unreasonable delay. All property installed, erected, or placed by Lessee in, on, or about the Leased Premises, 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. 19. City Entry Into Leased Premises: City may enter the Leased Premises to Lessee at any reasonable time for any purpose necessary or incidental to the performance of its obligations or Lessee’s obligations hereunder. 20. Non-Waiver: It is agreed that the failure of the City to invoke any of the available remedies under this lease or under law in the event of one or more breaches or defaults by Lessee under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent the City from invoking such remedies in the event of any future breach or default. 21. Notice: Any notice or consent required by this Agreement shall be sufficient if sent by mail or commercial delivery with proof of delivery to the following address: CITY OF FAYETTEVILLE LESSEE Airport Administration Office OSM Aviation Academy 4500 S. School Avenue, Suite F ATTN: Martin Floor Fayetteville, Arkansas 72701 Peder Thomassons gate 12 Phone: (479) 718-7642 4836 Arendal, Norway +47 41 77 00 07 Notice may also be given by the City to OSM by mail or commercial delivery with proof of delivery to OSM’s registered agent in the State of Arkansas, or by hand delivery to any employee on the Leased Premises. 22. Choice of Law; Venue: This agreement shall be construed under the laws of the State of Arkansas. Venue for any legal action shall be in Washington County, Arkansas. 23. 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. 24. Severability: Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 25. Entire Agreement: This lease agreement contains the entire agreement of both parties hereto, Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 7 and no other oral or written agreement shall be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument IN WITNESS WHEREOF, the parties have executed this Amended Lease Agreement on the day and year written below. CITY OF FAYETTEVILLE, ARKANSAS By: __________________________________ Molly Rawn, Mayor Date: _________________________________ ATTEST By: ____________________________________ Kara Paxton, City Clerk Treasurer OSM AVIATION ACADEMY ARK LLC By: _________________________________ Printed Name: _________________________ Title: ________________________________ Date: ________________________________ 10/20/2026 Antonio Tur Estrada President 09/29/2026 Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Exhibit A Leased Premises 4,154 sq. ft. of Office Space in Airport Terminal Building 4500 Physical Address: 4500 S School Avenue, Fayetteville, AR, 72701 Corporate Hangar 4578 Physical Address: 4578 S School Avenue, Fayetteville, AR, 72701 Ramp Space for OSM Use Note: Drive lane must be maintained. 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