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HomeMy WebLinkAbout19-80 RESOLUTIONRESOLUTION NO. tri.' -$0 S • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION OF THE CITY'S LEASE AGREEMENT WITH FRONTIER AIRLINES. 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 modification of the City's Lease Agreement with Frontier Airlines. A copy of the modification ' of Lease Agreement authorized for execution hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this day of , 1980. .v -1C •` ATTEST:: C c 5 1I CITY LERK (SEAL) ed -Leat APPROVED: MiCROfl1i+1t' .1980 DATE�.�'� REEL • A MODIFICATION OF LEASE AGREEMENT This Agreement made this ,1% day of • -HL liva-� 1314 y and between CITY OF FAYETTEVILLE, ARKANSAS, a mu icipal corporation, hereinafter called "Lessor", and FRONTIER AIRLINES, INC., a Nevada Corporation, herein- after called "Lessee". WHEREAS, the parties hereto have entered into a lease dated March 1, 1975, and modified August 23, 1977, and April 10, 1979, copies of which are attached hereto, marked Exhibit and "C" and made a part hereof; and WHEREAS, the parties desire to enter into a new agreement modifying or supplementing the provisions of said lease. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The lease dated March 1, 1975 between Lessor and Lessee shall be modified effective January 1, 1980 as follows: a. The sum payable under paragraph 5 (A) of said lease is to be $7.10 per square foot per month. b. The sum payable under paragraph 5 (D) of said lease is to be $112.00 per month. c. Paragraph 5 of said lease, subsection (E) to read as follows: For exclusive aircraft ap'on space, the sum of $112.00 per month. d. Exhibit "B" to said lease is modified to provide that the landing fees payable after January 1, 1980 shall be 21 cents per 1,000 pounds (mclw) per month. e. Paragraph 4 of said lease is modified to provide that the term thereof shall end when Lessee is granted beneficial occupancy of the new terminal building, and is further modified to add the following: The failure of Lessee to surrender the demised premises when beneficial occupancy of the new terminal is granted by Lessor, the date provided herein for the termination of this lease term, and the subsequent holding over by Lessee, with or without the consent of Lessor, shall result in the creation of a tenancy • , -2- from month to month at a monthly rental as provided herein during the month to month tenancy. This holding over shall not result in a renewal or extension of this lease, and the month to month tenancy may be terminated at any time by Lessor's giving Lessee thirty (30) days written notice of the intention to terminate the tenancy. All other terns and conditions of this lease shall re- main in force during any month to month tenancy hereunder except that any new rental rates for space in the existing building negotiated after January 1, 1980 shall be retroactive to include - 1 any period•of month to month tenancy. 2. All provisions of the lease are incorporated herein and are hereby modified or supplemented to conform herewith but in all other respects are to be and shall continue in full force. IN WITNESS WHEREOF, the parties have executed this modification on the day and year first above written. ATTEST: '',: ,1 ATTEST: City Clerk CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation By FRONTIER AIRLINES, INC. By /Wes. ga Title Vice Presi.ent & Treasurer • ' ` FAL 150S-2 MODIFICATION OF LEASE AGREEMENT This Agreement made this lOth day of April , 1979 by and between CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter called "Lessor", and FRONTIER AIRLINES, INC., a Nevada Corporation, hereinafter called "Lessee". WHEREAS, the parties hereto have entered into a lease dated March 1, 1975, and modified August 23, 1977, copies of which are attached hereto, marked Exhibit "A" 'and "B" and made a part hereof; and WHEREAS, the parties desire to enter into a new agreement modifying or supplementing the provisions of said lease. NOW, THEREFORE, in consideration of the mutual covenants contained here- in, the parties agree as follows: 1. The lease dated March 1, 1975 between Lessor and Lessee shall be modified effective retroactively to January 1, 1979 as follows.: a. The suin payable under paragraph 5 (A) of said lease is modified to be 57.10 per square foot per month. b. The sum payable under paragraph 5 (D) of said lease is modified to be $112.00 per month. c. Paragraph 5 of said lease is modified by adding subsection (E) to read as follows: For exclusive aircraft apron space, the sum of $112.00 per month. d. Exhibit "B" to said lease is modified to provide that the landing fees payable after January 1, 1979 shall be 20 cents per 1,000 pounds (mclw) per month. e. Paranraph 4 of said lease is modified to provide that the term thereof shall end January 1, 1980, and is further modified to add the following: The failure of Lessee to surrender the demised premises on January 1, 1980, the date provided herein for the termination of this lease term, and the subsequent holding over by Lessee, with or without MICROFILM DATE JUL 1 6 1979 REEL • -2- the consent of Lessor, shall result in the creation of a tenancy from month to month at a monthly rental as provided herein during the month to month tenancy. This holding over shall not result in a renewal or extension of this lease, and the month to month tenancy may be termi- thirty (30) nated at any time by Lessor's giving Lesseevtcn (10) days written notice of the intention to terminate the tenancy. All other terms and conditions V �v�of this loam shall remain in force during any month to diticns u for space in the existing month tenancy hereunder except that any new rental rates negotiated building OT4 after January 1,;1980 shall be retroactive to include, any period of month to month tenancy. 2. All provisions of the lease are incorporated herein and are here- by modified or supplemented to conform herewith but in all other respects are to be and shall continue in full force. IN WITNESS WHEREOF, the parties have executed this modification on the day and year first above written. ATTEliT 2EG R . ThibiLtric City Clerk • • CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation BYC—/� ' / Mayor FRONTIER AIRLINES, INC. BY W. W. Hog/An TITLE: Vice President fr Treasurer • V 77kne.v1 C- i• , i:/V i int- r MODIFICATION OF LEASE AGREEMENT This Agreement made this .,„q.3 day of 1977 by and between CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter called "Lessor", and FRONTIER AIRLINES, INC., a Nevada Corporation, hereinafter called "Lessee". WHEREAS, the parties hereto have entered into a lease dated March 1, 1975, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, the parties desire to enter into a new agreement modifying or supplementing the provisions of said lease. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The lease dated March 1, 1975 between Lessor and Lessee shall be modified effective retroactively to February 28, 1977 as follows: a. The sum payable under paragraph 5 (A) of said lease is modified to be $6.30 per square foot per month. b. The sum payable under paragraph 5 (D) of said lease is modified to be $100.00 per month. c. Paragraph 5 of said lease is modified by adding subsection (E) to read as follows: For exclusive aircraft apron space, the sum of $100.00 per month. d. Exhibit "B" to said lease is modified to provide that the landing fees payable after February 28, 1977 shall be 18 cents per 1,000 pounds (mclw) per month. e. Paragraph 4 of said lease is modified to provide that the term thereof shall end February 28, 1978 and is further modified to add the following: The failure of Lessee to surrender the demised premises on February 28, 1978, the date provided herein for the termination of this lease term, and M,COl-1o1't` 91s • -2- the subsequent holding over by Lessee, with or without the consent of Lessor, shall result in the creation of a tenancy from month to month at a monthly rental as provided herein during the month to month tenancy. This holding over shall not result in a renewal or extension of this lease, and the month to month tenancy may be terminated at any time by Lessor's giving Lessee ten (10) days written notice of the intention to ter- minate the tenancy. All other terms and conditions of this lease shall remain in force during any month to month tenancy hereunder. 2. All provisions ‘of the lease are incorporated herein and are hereby modified or supplemented to conform herewith but in all other respects are to be and shall continue in full force. IN WITNESS WHEREOF, the -parties have executed this modification on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation Mayor BY ATTEST: City Jerk ATTEST: 01144C11--; ._ FRONTIER AIRLINES, I BY TITLE: TITLE: � /(24.4440 Oyu t-,4 ' J MEEEEEEEIE David H. Burr, Director Properties and Facilities • FALA_Q8 LEASE This Lease executed on this 1st day of March, 1975, between the City of Fayetteville, Arkansas, a municipal corporation, herein- after called "Lessor", and Frontier Airlines, Inc. , a Nevada corporation, hereinafter called "Lessee". The parties recite and declare: A. Lessor is the owner of an airport known as Drake Field in the City of Fayetteville, Arkansas, herein referred to as the "airport". B. Lessee is engaged in the air transportation business and desires to use the facilities of the airport and to maintain a base of operations at the airport. C. Lessor is willing to lease to Lessee a portion of the airport premises together with such rights and/or privileges as are set forth in this agreement. 1.. USE OF AIRPORT: 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 thereof or additions thereto, runways, aprons, taxi -ways, sewerage and water 4.cilities, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings, and take -offs. 2 SPACE IN TERMINAL BUILDING: Lessor grants Lessee the __following: A. The exclusive use of 643.5 square feet of office space in the terminal building at the airport, such space being more particularly identified as a ticket counter, operations center, and storage and office space, and the C IU, • non-exclusive use, in common with others, of adequate space and facilities adjacent to the terminal building, consisting of sufficient ground area to permit the efficient taxiing, servicing, an'. loading and unloading of Lessee's aircraft. B. The exclusive use of 288 square feet of floor space in the terminal building, more particularly idents - fied as a freight storage room and designated by the Number 1 on Exhibit "A" attached hereto. C. Lessee, its employees, passengers, guests, patrons and invitees shall also have the use, in commo;, with others, of any public space now available in the Administration Building, or which may be hereafter available, including, but not limited to, waiting rooms, rest rooms and auto parking space adjacent to the Administration Building. 3. RIGHT OF INGRESS AND EGRESS: Lessee shall h_:ve at all times full and free right of ingress to and egress from the ':wrerni.ses and facilities referred to herein for Lessee, its employees, et. .:•`on e.rs, passengers, guests, and other invitees. Such right shall also s.:tend to persons or organizations supplying materials or furnishing :!er\rices to Lessee, to include vehicles, machinery and equipment, rea ;ona.bly- required by such persons or organizations; provided, Lessee, its employees, customers, guests, passengers, and other invitee‘, shall. .be required to park in those areas designated by Lessor. 4. TERM: Subj ect to earlier termination, as hereinafter provided, the term of this agreement shall be for the period commencing on March 1st , 1975 , and ending on _February 28th , 1977. 5. RENTALS AND CHARGES: Lessee agrees to pay Le::sor for the use of the premises, facilities, rights, services, and privileges • • • • granted hereunto, rentals and charges according to the following schedule, which rentals and charges shall be payable by the 10th day of each month. A. For the exclusive use of 643.5 square feet of office space in the terminal building, such space being more particularlyidentified as a ticket counter, operations center, and storage and office space, the sum of $5. 50 per square foot per month. B. Foi the\exclusive use of 288 square feet of floor J space in the terminal building, more particularly identified as a freight storage room, the sum of $5.50 per square foot per month. C. Landing fees, according to the terms of Exhibit "B", attached hereto and made a part hereof, which fees shall be payable irrespective of the actual number of arrivals or aircraft landings occurring each month, schedule changes made during each month, extra sections flown, or courtesy, test inspection, instruction, charter, sight-seeing, ferry or other flights. D. For overnight parking of aircraft, the total sum of $150.00 per month during any such month as Lessee's air- craft is scheduled to remain overnight at airport. Location of parked aircraft shall be on the apron adjacent to the public terminal building. 6. NO ADDITIONAL CHARGES OR FEES: No charges, fees, or tows, other than those expressly provided for herein, shall be charged or collected by Lessor from Lessee, or any other persons for the privilege of entering or leaving the airport, or, within the limits of the airport, for the privilege of transporting, loading, un- loading, or handling persons, cargo, property, or mail, in connection with Lessee's business. z sL • 7. NON-DISCRIMINATION: Lessee agrees that it will not discriminate against any person in the operation of its air transportation service because of race, creed, sex, or national origin. 8. TAXES AND ASSESSMENTS: Lessor shall pay any and all taxes or special assessments which may be levied or assessed against (1) the leased premises, including premises leased to Lessee ex- clusively and premises leased to Lessee for its use in common with others, and (2) Lesdee's interest in the leased premises. Lessor • also agrees to indemnify Lessee against any loss or liability resulting from any claims or liens in connection with such taxes and assessments. 9. MAINTENANCE AND UTILITIES: Lessor shall maintain and keep in good repair so much of the premises as is not under the exclusive control of individual lessees, including, but not limited to, the terminal building and control tower, vehicle parking areas, and all roadways, runways, aprons and taxiways. Lessor shall also maintain and operate all sewerageand water facilities, all electrical and electronic facilities, and all such other appurtenances and services as are now or hereafter connected with the operation of the airport. Lessee shall maintain and keep in repair so much of the airport premises as are under its exclusive control, including, but not limited to, any public address equipmenteused by Lessee. Lessee shall not be required to make any substantial repairs for damage not caused by Lessee. AO. OPTION TO LEASE ADDITIONAL SPACE: Lessee shall have the right and option from time to time during the term of this agreement, to lease for its exclusive use any additional land, improved, or unimproved, that may be available at the airport and is not reasonably necessary to the operation or maintenance of the airport. Lessee shall give written notice to Lessor at least thirty (30) days in advance of the date on which Lessee intends to take possession of additional land for its exclusive use. The use and occupancy by Lessee of such additional lands shall be subject • to all the applicable provisions of this agreement, and shall be paid for at a rental rate to be negotiated at the time Lessee exercises its option. 11. ADDITIONAL AIRPORTS: In the event Lessor constructs • or operates a new airport in the vicinity of the City of Fayetteville, Arkansas, Lessee shall have the option to lease for its exclusive use floor space thereof in an amount at least equal to that provided in this agreement at a rate to be negotiated at the time Lessee exercises its option. On occupancy by Lessee of space in such new terminal • building, it may, at its option, terminate its rights and obligations with respect to alt or any part•of its space in the present terminal building by giving Lessor written notice of such termination. 12. RULES AND REGULATIONS: Lessee agrees to observe and obey reasonable rules and regulations with respect to the use of the leased premises, provided, however, that 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; and provided further, that such rules and regulations shall not be inconsistent with the rules and provisions 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. 13. ADVERTISING SIGNS: All advertising signs installed by Lessee must be approved by Lessor, and must conform to Lessor's sign ordinance. 14. BUILDING BY LESSEE: Lessee may, at its own expense, construct, install, alter, modify, and repair any structure or improvement on premises leased exclusively to Lessee hereunder.. Noirestrictions shall be placed upon Lessee as to the architects, contractors or materialmen who may be employed by it in connection herewith. Such architects, -6 - contractors. or materialmen shall have.the right of ingress to and egress from the leased premises. In the event Lessee shall construct any building, hangar, or other structure on premises leased by Lessee as a result of the exercise of the option granted ,Lessee by Section 10 hereof, Lessor shall, at Lessee's request, extend water and/or sewer lines to said structure; and Lessee shall be liable for all utility charges for said structure, including, but not limited to, charges for water, sewer, sanitation, gas, and electricity. \ For each such building, Lessee agrees to obtain and keep in force throughout the term of this lease fire and extended coverage insurance in an amount approved by Lessor. If any such structure shall be damaged or destroyed by,fire or other casualty, such structure shall be repaired or reconstructed with due diligence by Lessee at its own cost and expense, and the rent payable hereunder with respect to the premises on which such structure is located shall be proportionately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the building shall be fully restored; provided, in the event such building is not fully restored within 120 days from the date of damage or destruction, the rent shall resume on said 121st day. 15. DAMAGE OR DESTRUCTION OF PREMISES: If any building of Lessor in which Lesseeoccupies exclusive space hereunder, other than buildings erected by Lessee on premises leased as a result of Lessee exercising the option granted it by Section 10 hereof, is damaged or destroyed by fire or other casualty, such building shall be repaired or reconstructed with due diligence by Lessor at its own cost and expense, and the rent payable hereunder with respect to Lessee's exclusive space in such building shall be proportionately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the building shall be fully restored; provided, however, that Lessee may, • • at its option, cancel so much of this agreement as relates +. the untenantable building, such cancellation to be effective as o: the date the building was damaged or destroyed. 16. INDEMNIFICATION OF LESSOR: Lessee agret to indemnify Lessor against all liability for injuries to person' or damage to property caused by Lessee's negligent use or oc p of the leased premises, and any additional premises leased )y ncy Lessee as a result of Lessee's exercising the option granted it by Section 10 hereof provided, however, that Lessee shall not be • liable for any injury, damage, or loss occasioned by the neg-igence of Lessor or its agents or employees, and provided further that Lessor shall give to Lessee prompt and timely notice of any r•.taim made or suit instituted which in any way directly or indirect y, contingently or otherwise, affects or might affect Lessee, ani Lessee shall have the right to compromise and defend the same to th extent of its own interest. Lessee agrees to obtain and keep in force throughout the term of this lease liability insurance with limits not less than $100,000.00 for any one injury, and $300,000.00 for any one accident. and $100, 000.00 for damage to property. Lessee shall, at Les request, furnish current certificates of insurance to Lessor. At • Lessee's request, Lessor shall furnish current certificates c`. fire and extended coverage insurance. 17. TERMINATION BY LESSEE: If Lessor fails to p:rform any act or acts or render any service required to be performed or rendered by Lessor under the terms of this agreement, and Lessor fails to remedy any such default in a manner reasonably satisfactory to Lessee, within thirty (30) days following receii.: ir.,ro Lessee of written notice to remedy same, Lessee may elect tc: mate this agreement by giving thirty (30) days written notice to Les:: or. • • • } -8- :0 8 :J Lessee shall also have the right to terminate this agreement in the event of any of the following: The failure or refusal of the Civil Aeronautics Board to continue to grant Lessee the right to operate into"a`nd from the Airport; the termination of Lessee's obligation or right (imposed by contract or otherwise) to the Fiderat Government for the carriage of United States airmail to, from or through the Fayetteville area or its environs'; for the receiving and dispatching of United States airmail; authorization by the Civil Aeronautics Board of another airport for service by Lessee to Fayetteville; issuance by any court of competent jurisdiction of any injunction •in any way preventing or restraining the use of the Airport or any part thereof for airport purposes, and the remaining in force of such injunction for a period of a least thirty (30) days; any action of the Civil Aeronautics Board refusing 'to permit Lessee to operate into, from or through the Airport such aircraft as Lessee may reasonably desire to' operate thereon; the inability of Lessee to use said. premises and facilities continuing for a longer period= than thirty (30) days due to any deficiency of the Airport or unsafe condition for operating at the Airport of the:•'• type of aircraft than being flown by Lessor or any law, order, rule or regulation of any appropriate governmental"see authority having jurisdiction over the operations of Lessee or due to war, or other casualty; the assumption by. tyre - -t United States Government or any authorized agency thereof of control of said airport and facilities or any substantial part or parts thereof; the erection of any obstacle on or in the vicinity of the Airport which would occasion a mofication of Lessee's air carrier operating certificate or similar authorization establishing minimum safety standards for the operation of Lessee. No waiver of default by Lessee of any of the terms, covenants or conditions hereof to be performed, kept and observed by Lessor shall be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor. 18. TERMINATION BY LESSOR: If Lessee fails to make any after receipt of notice from Lessee of=§uch delinquency payment due hereunder within ten (10) days/of-thedate-or-which-sueh payment -is -due; Lessor may, at its option, terminate this agreement 1:'.: and take possession of so much of Lessee's personal property as is reasonably necessary to secure payments of the amounts. due and unpaid. Lessor shall also have the right to terminate this agreement in the event of any of the following: • • _9_ The filing by Lessee of a voluntary petition in bank- ruptcy: the adjudication of Lessee as a bankrupt pursuant to such proceedings; the appointment of a receiver of Lessee's assets; the divestiture of Lessee's estate herein by other operations of law; the abandonment by Lessee of its conduct of air transportation at the airport; the default by Lessee in the performance of any covenent or agreement herein required to be performed by Lessee and the failure of Lessee to remedy such default for a period of thirty (30) days after receipt from Lessor of written notice to remedy the same. No waiver of default by Lessor of any of the terms or conditions hereof to be performed, kept and observed by Lessee, shall be construed to be or act as a waiver of any subsequent default of any of the terms • and conditions herein contained to be performed, kept and observed by Lessee. 19. SURRENDER OF POSSESSION: On the expiration or other termination of this lease, Lessee's rights to use of the premises, facilities, and services described herein shall cease, and Lessee shall vacate the premises without unreasonable delay. Except as otherwise provided in this agreement, all buildings, structures, fixtures, hangars, improvements, equipment, and other property brought, installed, elected, or placed by Lessee in, on, or about the airport, and premises leased thereunder, including, but not limited to, storage tanks, pipes, pumps, wires, poles, machinery, and air conditioning equipment shall be deemed to be personalty and 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, for , an additional period of thirty (30) days after the expiration or other termination of this agreement, to remove any or all of such property from the airport, 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 said thirty (30) day period shall thereupon become a part of the land on which it is located and title thereto shall thereupon vest in Lessor. • OMEN -10- 20. INSPECTION BY LESSOR: Lessor may enter the premises now or hereafter leased exclusively to Lessee at any reasonable time for any purpose necessary or incidental to the performance of its obligations hereunder. 21. CONFORMITY OF AGREEMENT: In the event Lessor shall enter into an agreement with any other air transport operator of comparable operational facilities to Lessee with respect to the airport, which agreement contains more favorable terms than this agreement, or in the event Lessor grants any other air transport operator rights or privileges with respect thereto which are not accorded to Lessee hereunder, then the same rights, privileges, and more favorable terms shall be concurrently and automatically made available to Lessee. 22. ASSIGNMENT AND SUBLETTING: Lessee shall not at any time assign its rights under this agreement or any part hereof, without the written consent of Lessor; provided, however, that the foregoing shall not prevent the assignment of such rights to any corporation with which Lessor may merge or consolidate, or which may succeed to the business of Lessee, or to the United States Government or any agency thereof. No such subletting shall release Lessee from its obligations to pay any and all of the rentals and charges set forth herein. 23. NOTICES: Notices to Lessor provided for herein shall be sufficient if sent by registered mail addressed to Lessor at its regular mailing address, Postal Drawer F, Fayetteville, Arkansas 72701. Notices to Lessee provided for herein shall be sufficient if sent by registered mail, addressed. to 8250 Smith Road, Denver, Colorado 80207. 24. SEVERABILITY: This Agreement shall be construed under the laws of the State of Arkansas. In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or • • • 4 -11- provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either the Lessor or the Lessee in their respective rights and obligations contained in the valid covenant, condition, or provisions of this agreement. 25. USE AND ENJOYMENT OF LEASED PREMISES: Lessor rep- resents that it has the right to lease the airport, together with the facilities, rights, licenses and privileges herein granted, and has full power and authority to enter into this agreement in respect thereof. Lessor agrees that, on payment of the rent, performance of the covenants and agreements by Lessee, Lessee shall peaceably have and enjoy the leased premises and all rights and privileges of the airport, its appurtenances and facilities. 26. GRANT OF OPERATIONAL RIGHTS: During the term of this agreement, and during any renewal or extension thereof, Lessee shall have the right to: A. Take off, land, fly, taxi, tow, park, load, and unload its aircraft and other equipment used in the operation of all scheduled and nonscheduled flights; B. Load and unload persons, cargo, property, and mail by means of such equipment as Lessee may choose or require in the operation of its business, with the additional right to designate and enter into agreement with any carrier or carriers of its choice for the transportation to and from the airport of passengers and their baggage, cargo, property, and mail carried and to be carried by Lessee; C. Repair, maintain, condition, service, test, park or store aircraft or other equipment, provided that such right shall not be construed as authorizing the conduct of a separate business by Lessee; D. Install, maintain and operate without cost to Lessor a message tube system and other communica- tions systems between suitable locations in the aircraft loading areas and suitable locations in those areas of the terminal building leased ex- clusively to Lessee. V••• .y e • • I ' .: -12- • • • E. Install, maintain and operate without cost to Lesso, suitable air conditioning equipment, including a suitabl: aircraft air conditioning system; F. Install, maintain, and operate at Lessee's expense, or in conjunction with other air transportation companic , such radio communications, meteorological, and aeria:+ navagation equipment at facilities in or on premises leased exclusively to Lessee or, subject to the approva: of Lessor's City Manager, elsewhere on the airport, a: may be necessary or convenient in the opinion of Lesse- for its operation;•provided, however, that such approva. shall not be withheld unless such installation, maintenai.-: and operation at the location so elected by Lessee shall interfere with the reasonable use of the airport by other:. authorized to do so; and G. Conduct any other operation or activity which is reasonably necessary to the conduct by Lessee of its business. IN WITNESS WHEREOF, the City of Fayetteville, Arkans.:. s, has executed these presents by its Mayor, and has caused the seal the City of Fayetteville, Arkansas, to—be hereunder affixed, and s:-• Lessee has caused these presents to be signed, its corporate s, 11 to be hereunto affixed, and attested, by its proper officers, being .;iv authorized to do, as of the date and year above written. ATTEST • ATTEST: CITY CLERK • CITY OF FAYETTEVILLE., ARKANSAS By 77 e., MAYOR FRONTIER AIRLINES, INC. J By ! % 7 G. L. RI TITLE EXECUTIVE VICE PRESIDENT 7 ^ j � ^ a Ca C. 4' ra _1 1�- / - ;/ / ow L F ' l Z W I O ' r .• 4 • Y EXHIBIT' "B" • • For Airport Agreement between Frontier Airlines, Inc. (Lessee) and the City of Fayetteville, Arkansas (Lessor) for the term of March 1 , 1975, through February 28 1977 . LANDING FEES Lessee shall pay Lessor a monthly landing fee based on the aggregate maximum certified landing weight of all flights scheduled • to land at the Airport during the month as shown by Lessee's timetable filed with the Civil Aeronautics Board and in effect on the first day of such calendar month, computed as follows: 15 cents per 1, 000 pounds (mclw) per month for 1975 16 cents per 1,000 pounds (mclw) per month for 1976 The number of arrivals scheduled to land at the Airport during the month, multiplied by the applicable maximum certified landing weight for each aircraft (the Convair 580 being the -principal aircraft used by Lessee) scheduled to be operating, as shown by Lessee's said timetable, shall determine the weight for which the monthly payment shall be made. The term "maximum certified landing weight" (mclw) for any aircraft, as used herein, shall be the maximum landing weight approved by the Federal Aviation Administration for landing such aircraft at the • Airport.