HomeMy WebLinkAbout68-82 RESOLUTION•
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RESOLUTION NO. 6 $ - 3
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A MODIFICATION OF THE CITY'S
LEASE AGREEMENT WITH CAUDLE AIR FREIGHT 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 modification of the City's lease agree-
ment with Caudle Air Freight for land at Drake Field. A copy
of the modification authorized for execution hereby is attached
hereto, marked Exhibit "A", and made a part herreeo�f...
PASSED AND APPROVED this/f'day of ,/L1 1982.
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APPROVED:
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MAYOR
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MODIFICATION OF LEASE AGREEMENT
This agreement made this day of
19802, by and between the. City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called Lessor, and
Ed Caudle d/b/a Caudle Air Freight, hereinafter called Lessee.
WHEREAS, the parties hereto have entered into a lease
dated August 1, 1981, a copy of which is attached hereto,
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marked Exhibit
ItAt,
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, the parties mutually agree as follows:
1. Paragraph 1 of said lease is modified by adding
the following paragraphs to read as follows:
Beginning the ��day of inaAA, 1982,
Lessor leases to Lessee, and Lessee leases from Lessor
an 18' X 18' tract adjoining the southern boundary
of the 18' X 48' tract heretofore leased to Lessee by
Lessor as reflected in Exhibit "A". Said 18' X 18'
tract is more particularly located as shown on Exhibit "B"
attached hereto and made a part hereof.
Lessee is authorized to use said 18' X 18' tract
for the sole purpose of expanding Lessee's present
air freight office facilities. Any such expansion
shall be of the same design as the existing building,
except said expansion may consist of two stories, and
shall be constructed of the same material as the
existing building. Prior to beginning construction
of any expansion, building plans and specifications
must first be approved by Lessor's Airport Manager.
2. Paragraph 2 of said lease is amended by adding the
following sentence to read as follows:
Beginning August 1, 1982, Lessee agrees to pay Lessor
monthly rent of $200.00 payable in advance.
JOIN "j
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3. 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 of Lease on the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
A Munpal Corporation
By
Mayor
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Ed Caudle d/b/a Caudle Air Freight
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The above sketch outlines the extension proposed for'our
present office facilities. The extension would be of the
same material and design as the existing building.
We would ask consideration be given to permit two story
construction on the proposed ; tension. We anticipate
construction would begin im ediately after approval by
responsible parties.
3/29/82
C. Edd Caudle
Caudle Freight Service
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LEA S E
THIS LEASE, executed on this 1st day of August,
1981, between the.City of Fayetteville, Arkansas, hereinafter
called "Lessor", and Ed Caudle, d/b/a Caudle Air Freight,
hereinafter 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, Lessee is engaged in the air freight business;
and
WHEREAS, Lessor is willing to lease to Lessee a portion
of the Airport premises.
NOW, THEREFORE, in consideration of the mutual covenants
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 720 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 800 square feet and more particularly
set forth on Exhibit "A" attached hereto and made a part
hereof.
2. Lessee has constructed on the demised premises one
building 18' x 40' in size. Lessee agrees that the
westernmost edge of said building shall front on the
existing fence line.
3. The.term of this Lease shall begin on the date of
execution hereof and shall end on July 31, 1982. Lessee
agrees to pay Lessor monthly rent of $165.00 payable in
advance.
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4. Lessee agrees to observe and obey all federal,
state, or municipal laws, regulations, and ordinances which
may be applicable to Lessee's operations at the Airport,.
5. In the event the existing wooden hanger at the
Airport is replaced, this Lease shall terminate. Upon
completion of the new hanger Lessor agrees to attempt to
make available to Lessee for lease approximately 720 square
feet of space. The terms of any lease for space shall be
negotiated by Lessor and Lessee.
6. Lessee agrees to pay for all utilities, including.,
but not limited to, electricity, gas, water, sewer, and
sanitation service.
. 7. Lessee agrees not to discriminate against any
worker, employee, or applicant because of race, creed,
color, or national origin.
8. Lessee agrees that if the administrator of the
Federal Aviation Agency or the Director of the State Department
of Aeronautics or any other governmental office or body
having ,jurisdiction over the enforcement of the obligations
of Lessor in connection with federal or state airport aid
shall make any orders, recommendations, or suggestions
restric$ng theferformance 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 anything claimed to be done or omitted to
be done by Lessee, provided Lessor shall in each instance
give Lessee prompt written notice of any such claim or
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demand; and Lessor shall cooperate with Lessee in the
investigation of such claim.
10. Lessee agrees not to assign, transfer, sublease,
pledge., or otherwise encumber or dispose of this Lease, or
permit any person or persons, company or corporation to
occupy 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.
ATTEST:
(./C.ZO lei c2(-
City Clerk
CITY OF FAYETTEVILLE, ARKANSAS,
• LESSOR
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By: /dt
Maybr
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ED CAUDLE d/b/a CAUDLE AIR
FREIGHT, LESSEE