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Home My WebLink About17-84 RESOLUTIONRESOLUTION NO. 17-84 ri A RESOLUTION APPROVING THE FORM OF LEASE AGREEMENTS FOR NEW HANGAR FACILITIES AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the form lease agreement attached hereto, marked Exhibit "A" and made a part hereof is hereby approved for the leasing of space within the -executive hangar on the west side of the Fayetteville Municipal Airport. The first year's rent shall be $500.00 per month for each of the two spaces within said hangar. Section 2. That the form lease agreement attached hereto, marked Exhibit "B" and made a part hereof is hereby approved for the leasing of spaces in the "T -hangar" on the east side of the Fayetteville Municipal Airport. The first year's rent for each of the ten spaces located within said T -hangar shall be $135.00 per month. PASSED AND APPROVED this 7th day of February, 1984. E. Var e"','4'se;0.'. (.5 CV �. . „ +74li t'' APPROVED: By laY �. Mayor • r LEASE AGREEMENT • p-itee5—'a7 LEASE AGREEMENT made this 20th day of mac, 1984, between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Northwest Ai r. Tnr hereinafter called "Lessee". WHEREAS, Lessor is the owner of an airport known as Drake Field, herein referred to as "the Airport"; and WHEREAS, Lessor has constructed an aircraft hangar at the Airport; and WHEREAS, Lessee desires to lease space within said aircraft hangar. NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, hereby agree as follows: 1. Lessor leases to Lessee, and Lessee leases from Lessor, space number .2 in aircraft hangar number A -West , reflected on Exhibit "A" attached hereto and made a part hereof. 2. Lessee is granted the use, in common with other 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, roadways, runways, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings, and take- offs. 3. Lessee shall have at all times the full and free right in ingress to and egress from the demised 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. • -2- 4. Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for one (1) year commencing on the 1st day of 198 4 , and ending on the ]- day of July 198_x. 5. Lessee agrees to pay Lessor for the use of the demised premises, facilities, rights, and privileges granted hereunder the sum of $ 500.00 per month. Said sum shall be payable in advance on or before the first day of each month. 6. Lessor shall maintain and keep in good repair so much of the Airport premises as is not under the exclusive control of individual lessees. 7. Lessee shall provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for all utilities serving the demised premises, including, but not limited to heat, light, gas, electricity, and water. 8. Lessee agrees to observe and obey Lessor's ordinances and regulations with respect to use of the demised premises and Airport; provided, however, 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. 9. Lessee agrees that it shall use the premises only for the storage of airplanes and materials and equipment necessarily related to the operation of said airplanesand that no other vehicles, equipment or supplies shall be stored on the premises unless expressly agreed to by Lessor; provided, when Lessee's airplane is on a flight, automobiles utilized by the pilot and passengers may be stored on the premises. Lessee further agrees not to store any flammable material on the premises or in any way endanger or violate 1i -3- the provisions of Lessor's property damage insurance policy or the requirement of same. Such violations shall constitute a material breach of this agreement. 10. Lessee further agrees that it shall only be permitted to engage in minor maintenance on the airplane stored in the building and shall not engage in any major overhaul of the airplane within the leased premises. 11. If the demised premises are partially damaged by shall be repaired with fire or other casualty, due diligence by Lessor at Lessor's expense. If the damage is so extensive as to render such building untenable, 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. If the demised premises are completely destroyed, Lessor may reconstruct the hangar at Lessor's own cost and the rent payable hereunder shall be adjusted as set forth above, or Lessor may, at its option, cancel this agreement, such can- cellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set, forth above. 12. Lessee shall procure and maintain in force during the term of this agreement fire and extended coverage insurance on Lessee's aircraft in an amount equivalent to the replacement cost thereof. Lessor shall procure and maintain in force during the term of this agreement fire and extended coverage on the aircraft hangar in an amount equivalent to the replacement cost thereof. Lessee shall also be required to insure any contents within the aircraft said premises hangar. 13. Lessee agrees to indemnify Lessor against any liability for injuries to persons or damage to property caused by Lessee's negligent use or occupancy of the leased premises; provided, however, that Lessee shall not be liable • ,• -4- for any injury, damage or loss occasioned by the negligence of Lessor or its agents or employees; and provided further, that Lessor shall give to Lessee prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly affects or might affect Lessee, and Lessee shall have the right to compromise and defend the same to the extent of its own interest. 14. If Lessee fails to make any payment due hereunder within thirty (30) days of the date on which such payment is due, Lessor may, at its option, terminate this agreement and take possession of so much of Lessee's personal property as is reasonably necessary to secure payment of the amount due and unpaid. Lessor shall also have the right to terminate this agreement in the event Lessee breaches any other term of this agreement. Lessee shall be entitled to seven (7) days written notice of termination. 15. On the expiration or other termination of this lease, Lessee's right to use the demised premises shall cease, and Lessee shall vacate the premises without unreasonable delay. All property installed, erected, or placed by Lessee in, on, or about the premises leased hereunder shall be deemed to be personalty and shall 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, and for an additional period of seven (7) 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 seven (7) day period shall thereupon become a part of the land on which it is located and title thereto shall thereupon vest in Lessor. 16 Lessor may enter the premises leased to Lessee at any reasonable time for any purpose necessary or incidential • -5- to the performance of its obligations or Lessee's obligations hereunder. 17. Lessee shall maintain the demised premises in a clean and orderly fashion at all times. 18. Lessee shall not store any flammable materials on the demised premises or in any way violate the provisions of Lessor's insurance policy on the aircraft hangar or the requirements of said policy. 19. Lessee shall not start or operate aircraft engines within the aircraft hangar leased hereby and shall not allow such operation by any other person. 20. Lessee shall not at any time assign this lease or sublet the demised premises without the prior written consent of Lessor. 21. Any notice or consent required by this agreement shall be sufficient if sent by certified mail, return receipt requested, postage prepaid, to the following address: Lessor: Lessee: City of Fayetteville c/o Airport Manager Postal Drawer F Fayetteville, AR 72701 22. This agreement shall be construed under the laws of the State of Arkansas. 23. All the covenants, conditions, and provisions under this agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. .ate « I`ll. CITY OF FAYETTEVILLE, ARKANSAS, LESSOR