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HomeMy WebLinkAbout75-83 RESOLUTION4. RESOLUTION NO. 15-93 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH NORTHWEST.AIR, INC. FOR AIR CHARTER SERVICE AT. THE FAYETTEVILLE MUNICIPAL AIRPORT. BEt.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.'. contract with Northwest Air, Inc. for air charter serve at the Fayetteville Municipal Airport. A copy ofthe contract authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this j*day of APPROVED: 4,. B 1983. Mayor • f L E'A S E This lease: executed on the,` ri7 day of /lG{. 1983 between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Northwest Air, Inc., hereinafter called "Lessee." In consideration of the mutual covenant and conditions contained herein, the parties agree as follows: 1. Leased Pretises. Lessor hereby leases to Lessee, • and Lessee hereby leases from Lessor, twelve square feet, more'or less, in the Airport Terminal Building at the Fayetteville Municipal Airport as depicted on the plat attached hereto, marked Exhibit "A"., and made a part hereof. 2. Use' Of Leased Premises. Lessee hereby agrees that the leased premises shall be used solely for the purpose of conducting an airplane charter service at the Fayetteville Municipal Airport. 3. Term. Subject to earlier termination, as herein- after provided, the, term of this agreement shall be for a period of one year commencing on the execution date hereof. Either party may terminate this lease by giving the other party thirty days written notice of termination which notice shall be addressed to the other party's regular mailing addressed and mailed by any form of mail requiring a return receipt. . 4. Rent. During the term of this lease, Lessee shall pay to Lessor the sum of One Hundred Dollars ($100.00) per month, payable in advance, on or before the 10th day of each month. In the event Lessee fails to pay the rent on or before the date specified herein, a ten per cent (10%) late payment penalty, to be compounded monthly, shall be due and payable immediately. The rent for the first calendar month shall be prorated based upon the.actual.number of calendar days remaining in the month :when this lease is executed. 5. Advertising Signs.. Any advertising signs installed • by Lessee on the demised-prendses-must..be located behind thee; _.• counter. No advertising signs shall be installed without the .prior approval of.Lessor.'s Airport Manager. 6. Cainpliance With Miniinuii Standards .H Lessee `shall comply with.Lessor's prescribed minimum standards for aircraft charter and taxi service. A copy of said --standards is attached hereto, markedlExhibit ."B", and made a part hereof. :7..H Right of Ingress and.Egress.• Lessee shall have at all times full and free right of ingress and egress from the Airport Terminal Building. and the aircraft ramp, which right of ingress and egress shall be for Lessee's.officers, employees, customers,. passengers, guests, and invitees. Such right shall Also extend to persons or organizations supplying materials or. furnishing services to Lessee, to include vehicles, machinery and equipment, reasonably required by Lessee; provided, Lessee, its officers, employees, customers, guests, passengers, and invitees shall be required to park in those areas designated by Lessor. S. Nondisciiinination. Lessee agrees that it willQnot discriminate againstany person in the operation of its air charter service. because of race,creed, sex, or national origin. 9. Maintenance aiid Utilities. Lessee..shall maintain the demised premises and keep said premises in.good repair; provided, Lessee:shall not be required to make any repairs for damage not caused by Lessee or by normal wear and tear. Lessor shall maintain and operate all water and sewerage - facilities; all electrical and electronic facilities, and all other appurtenances and services as are now connected withthe operation. of the airport. 10. :Indemnification of Lessor. Lessee agrees to indemnify Lessor against all liability for personal injury or death or property damage caused by Lessee's negligent use or occupancy of the leased. premises; provided, however, Leasee Shall not be .iiabie.for any. injury;.damage, or loss 'occasioned by the negligence—of Lessor or its agents or employees. .Lessor shall give to Lessee prompt and timely • notice of any claim made or suit instituted. which in any way directly or indirectly, contingently or otherwise, affects or might affect Lessee, and Lessee shall have the right to compromise and defend the same to the. extent of its own interest. Lessee agrees to add Lessor as an insured under Lessee's existing general public liability insurance policy and to maintain said:policy in force throughoutthe term of this lease.. Lessee shall file a certificate of insurance with the City Clerk of Lessor. Lessee agrees to notify Lessor .in writing.of any amendments to or cancellation of said policy. 11. Surrender.of Possession. -Upon the expiration or other termination of this lease, Lessee's right to use of thepremise:s shall cease, and Lessee shall vacate the premises without unreasonable delay. All property brought, installed, erected, or placed .by Lessee in, on, or about the airport and the premises leased hereunder, 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, and for an additional period of ten (10) days after the expiration or other termination of this agreement, to remove any and all 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 ofsaid. ten (10) day period shall thereupon become a part of the land on which it is located and title thereto shall thereupon vest in Lessor. 12. 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 rightsto any corporationwith which Lessee may merge or cohsolidate.or.which:may succeed to the business of Lessee. No such subletting shall release 'Lessee from its obligations to pay any and all of the rent set forth herein. IN WITNESS WHEREOF, the parties have executed this lease on the date first above written. CITY OF FAYETTEVILLE, ARKANSAS ATTEST: By: e=rcity =Cler awer A _ -rte ATTEST: By: Mayor NORTHWEST AIR, INC. daiV