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HomeMy WebLinkAbout78-79 RESOLUTION• • • RESOLUTION NO. 18.19 • • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH ED CAUDLE, D/B/A CAUDLE AIR FRIEGHT FOR LAND AT DRAKE FIELD. 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 lease agreement with Ed Caudle, d/b/a Caudle Air Freight for land at Drake Field. A copy of the Lease Agreement executed for authorization hereby, is attached hereto, marked Exhibit "A" and made a part her/ne�of. 61- PASSED AND APPROVED this 0..c, day of ATTEST: O& e TY LERK APPROVED: 1979. N+iC ROFILMEO yg19 DATE.REEL • LEASE This lease executed on this rK�Sfi day of 1979, between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Ed Caudle, d/b/a Caudle Air Freight, herein- after called "Lessee". WHEREAS, lessor is the owner of an airport known as Drake Field in the City of Fayetteville, Arkansas, hereinafter referred to as the "Airport"; and WHEREAS, lessor is presently constructing a new terminal building at said airport; and WHEREAS, lessee is engaged in the air freight business; and WHEREAS, lessor is willing to lease to lessee a portion of the airport premises until such time as the new terminal building is complete. NOW, THEREFORE, in consideration of the mutual convenants and conditions of this agreement, the parties agree as follows: 1. Lessor agrees to grant, and lessee agrees to take, for lessee's sole and exclusive use for and during the term hereinafter provided, a certain tract of land consisting of approximately 640 square feet located at the airport and more particularly set forth as shown on Exhibit "A" attached hereto and made a part hereof, plus a customer parking area consisting of approximately `SO 0 square feet and more particularly set forth on Exhibit "A" attached hereto and made a part hereof. 2. Lessee agrees to construct on the demised premises one IB' Dr-Piwee prefabricated metal building -It' x 40' in size and compatible in design with other similar structures at the airport. Lessee agrees that the westernmost edge of said building shall front on the existing fence line. Lessee shall bear all costs incurred in connection with the construction and installation of said building. Said costs shall include, but shall not be limited to, the following: installation of water and sewer lines; installation of gas and electric lines; installation of concrete culverts in drainage ditch; dirt work to level parking lot; application and leveling of a minimum of 4 inches of crushed rock on parking area; landscaping; • MICROFILMED DATE SEP 6 193 REEL • • and removal of existing chain link fence and relocation of drive-through gate to a point immediately south of lesses's building. All construction and installation work shall be approved by the airport manager. 3. The term of this lease shall begin on the date of execution hereof and shall end on the date the new terminal building being constructed by Lessor at the airport is complete and opened to the general public for service. Lessee agrees to pay lessor a monthly rent of $125.00 payable in advance. 4. Lessee agrees to observe and obey all federal, state, or municipal laws, regulations, and ordinances which may be applicable to lessee's operations at the airport. 5. At such time as the new terminal building at the airport is complete and this lease terminates as provided above, lessor agrees that it will attempt to provide to lessee for lease an equivalent amount of land closer to said new terminal building for the construction of a permanent structure architecturally compatible with the new terminal building. The terms of any lease for land closer to the new terminal building shall be negotiated by lessor and lessee. 6. Lessee agrees to pay for all utilities, including but not limited to, electricity, gas, water, sewer, and sanitaiton service. 7. Lessee agrees not to discriminate against any worker, employee, or applicant because of race, creed, color, or national origin. 8. Lessee agrees that if the administrator of the Federal Aviation Agency or the Director of the State Department of Aeronautics or any other governmental office or body having jurisdiction over the enforcement of the obligations of lessor in connection with federal or state airport aid shall make any orders, recommendations, or suggestions restructing the performance by lessee of its obligations under this agreement, lessee shall have the option of promptly complying therewith, at the time or times when and to the extent lessor may direct, or lessee shall have the option of cancelling this lease. 9. Lessee shall at all times keep and hold lessor harmless from any and all claims and demands, losses and expense arising out of, or connected with, lessee's operations, or as a result of . l 4e anything claimed to be done or omitted provided lessor shall in each instance notice of any such claim or lessee in the investigation • 4 to be done by lessee, give lessee prompt written demand; and lessor shall cooperate with of such claim. 10. Lessee agrees not to assign, transfer, sublease, or otherwise encumber or dispose of this lease, or permit or persons, company or corporation to occupy pledge, any person the demised premises without the written consent of lessor, which consent shall not be unreasonably withheld by lessor. IN WITNESS WHEREOF, the parties have executed this agreement on the date first above written. n:.r ti, d<+ATTEST:>t �_.• t_A;,.,� .ter 14CITY ERK rr CITY OF FAYETTEVILLE, ARKANSAS NACIOLNN Ma or ED CAUDLE, d/b/a CAUDLE AIR FREIGHT