HomeMy WebLinkAbout88-84 RESOLUTION•
AMR
RESOLUTION NO. 88-84
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A LEASE WITH NORTHWEST AIR, INC., FOR SPACE AT THE FAYETTEVILLE
MUNICIPAL AIRPORT.
E
BE IT RESOLVED BY THE BOARD OF DIRECPDRS OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a lease with Northwest Air, Inc., for space at the Fayetteville
Municipal Airport. A copy of the lease agreement authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 7th day of
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APPROVED:
By:
August
1984.
Mayor
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LEASE
This lease executed on the Ik day of AuquSte . 1984
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 Premises. 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 hereinafter provided,
the tern of this agreement shall be for a period of one year camencing 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
percent (10%) late payment penalty, to be oanpounded monthly, shall be
due and payable immediately.
5. Advertising Signs Any advertising signs installed by
Lessee on the demised premised must be located behind the counter. No
advertising signs shall be installed without the prior approval of
._Lessor's Airport,Manager. T
6. Compliance With Minimum Standards Lessee shall comply
with Lessor's prescribed minimum standards for aircraft charter and taxi
service. A copy of said standards is attached hereto, marked Exhibit "B",
and made a part hereof.
EXHIBIT A
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7. 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, employee„ customers, passengers, guest, and
invitees. Such right shall also extend to persons or organizations
supplying materials or funishing 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.
8. Nondiscrimination. Lessee agrees that it will not discrimi-
nate against any person in the operation of its air charter service
because of race, creed, sex, or national origin.
9. Maintenance and 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.
10. Indemnification of Lessor. Lessee agrees to indemnify Lessor
against all liability for personal injury or death or pwj-erty damage
caused. by Lessee's negligent use:or occupancy of the leased premised;
provided, however, Lessee shall not be liable for any injury, damage,
or loss occasioned by the negligence of Lessor or its agents or employees.
Lessor shall give to Lessee prat 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 awn 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
throughout the term of this lease. Lessee shall file a certificate of
insurance with the City Clerk of Lessor. Lessee agrees to notify Lessor
in writsng of any aneflhents toorAcancellat on-of_said.policy.._,,e wr
ll Surrender of Possession. Upon the expiration or other
termination of this lease, Lessee's right to use of the premises shall
cease, and Lessee shall vacate the premises without unreasonable delay.
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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 rein 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 of said 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. Assiczt 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
Lessee may merge or consolidate 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.
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IN WITNESS WHEREOF, the parties have executed this lease on the
IN WIGS WHEBEOF, the parties have executed this lease on the
Table of Contents
Page No.
I. Definitions 1
II. Special Restrictions on Airport
Land and Facility Use 2
III. Applications .3
LV. Notice and Hearing 3
V. Lease or Contract 4
VI. Standard Requirements for all
Aeronautical Activities 4
VII. Standards for Specific Activities 6
A. Fuel and Oil Sales 6
B Aircraft Charter and Taxi Serdice 8
C. Aircraft Engine, Airframe and Accessory
Sales and Maintenance 9
D. Aircraft Rental and Sales 10
E. Flight Training 11
F. Crop Dusting and Spraying 12
G. Hangar Construction and Rental 13
H. Basic mase Terms and Conditions 14
I. Construction of Corporate Hangars by
other than Fixed•Base Operators 16
J. Specialized Services 17
K. Combination Activities 18
VIII. Amendment of Standards 19
IX. Notices 19
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MINIMUM STANDARDS FOR cam
AERONAUTICAL ACTIVITTFS AT
DRAKE FIELD
FAYEITEVIJIF, ARKANSAS
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It being necessary to protect the public health, safety and
Drake Field, the following procedures and minimum standards
pranulgatPd and adopted for the use of any land or facility
interest at
are hereby _
at said Airport.
1.
DEFINITIONS
As used herein, the following terms shall have the meanings indicated:
Airport - Shall mean Drake Field, Fayetteville, Arkansas, oeprated by the
City of Fayetteville.
Person - Shall mean any person, firm, general or limited partnership,
coxr,oration, trust or association making application for, leasing or using
any land or facility at the Airport.
Board of Directors - Shall mean the City of Fayetteville, Arkansas, Board
of Directors as duly constituted at any time.
Manager - Shall mean the Manager of the Airport as designated by the
City Manager.
Minimum Standards - The qualifications established herein, as amended frau
time to time by the Board of Directors upon recce mendation of the Airport
Manager, setting forth the minim= requirements to be net as a condition for
the right to conduct any aeronautical activity of the Airport.
Aeronautical Activity - Shall mean any activity which involves, makes possible,
or is required for the operation of aircraft or which contributes to, or is
-required for, the safety of such operations and shall include, but not by
way of limitation, all activities crmonly conducted on airports, such as
charter orprations, pilot training, aircraft rental and sight seeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products,
whether or not conducted in conjunction with other included activities, repair
and maintenance of aircraft, sale of aircraft parts, sale and maintenance of
aircraft accessories, radio, caiinunication and navigation equiprent and any
other activity which, because of its direct relationship to the operation of
aircraft, can appropriately be regarded as an "aeronautical activity".
Master Plan - means the scaled dimensional layout of the entire airport,
indicating current and proposed usage for each identifiable segment as approved
by the City of Fayetteville Board of Directors and the Federal Aviation Administration
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II.
SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE
1. No person shall be granted an exclusive right to conduct any aeronautical
activity upon the Airport. No person shall be permitted to use any land or
conduct any aeronautical activity for commercial purposes or the solicitation
of business in connection therewith unless such aeronautical activity is
conducted in accordance with the standards herein established and as hereafter
amended from time to time by the Board of Directors and, only after that
person has been duly licensed by the Board of Directors to conduct said activity.
2. The owner and pilot of any aircraft damaged as a result of an accident,
and each of than, shall be responsible for the prompt removal of the aircraft
following relay=e by the FAA or Air Transportation Safety Board. No aircraft
in a non -airworthy condition so disabled as to give the appearance of a
wrecked plane, or otherwise so damaged as to be unsightly, shall at any time
be parked or tied down out of doors in public view. Such damaged or disabled
aircraft held for inspection or for determination of whether to be repaired,
shall at all times be stored inside a hangar until such determination shall be
made. Within 30 days frau any determination that such disabled aircraft is to
be held for salvage, it shall be permanently stored frau public view in a
hangar or approved enclosure. No such aircraft shall be stored on the airport
except as herein provided Aircraft awaiting component parts such as a
rudder, aileron, horizontal stabilizer or other movable surface, shall not be
considered disabled or unsightly provided such waiting period does not exceed
30 days. An extension of time shall be granted by the Manager's office if
such conditions are justified. Said extension shall not be unduly withheld.
3. Within 30 days from the adoption of these regulations, the Manager of the
Airport shall designate aircraft parking or tie -dawn areas outside of
'hangars and shall furnish to each lessee a plat or description of the area so
designated. From and after ten days from the delivery of such plat or
designation, no aircraft shall be parked, tied dawn or stored outside of
hangars in any area not so designated. In no event shall any aircraft be parked
or tied down nearer than, 100 feet from the edge of any taxiway Aircraft
may not be parked between a runway and taxiway without the approval of the
aiiirt management.
4. No person or persons, corporation or company shall engage in any type of
commercial enterprise at Drake Field without first complying with all Federal,
State and local laws and regulations, including, but not limited to, all orders
and ordinances as they pertain to both non-discrimination and equal employment
practices.
Page 2
APPLICATIONS
Any person wishing to acquire the use of land or establish or use any
facility on the Airport for an aeronautical activity shall be furnished a
copy of these Standards and Procedures, as amended from time to time, and
shall thereupon make application in writing, filed with the Airport Manager,
setting forth in detail the following:
(a) The name and address of the applicant;
(b) The proposed land use, facility and/or activity sought;
(c) The names and the qualifications of the personnel to be involved
in conducting such activity;
(d) The financial responsibility and ability of the applicant
and or -Prater to carry out the activity sought;
(e) The tools, equipment, services and inventory, if any,
proposed to be furnished in connection with such activity;
(f) The requested or proposed date for commencement of the activity
and the term of conducting the same;
(g) The estimated cost of any structure or facility to be furnished,
the proposed specifications for same, and the means or method
of financing such construction or acquisition of facilities.
(h) The specific types and amounts of insurance proposed.
IV.
NOTICE AND BEARING
Upon the filing of such an application with the Airport Manager, and provided
it meets the requirements set forth in Section III it shall be referred to the
Board of Directors - Airport o mittee with a request it beconsidered at the
next regularly scheduled meeting.
If such application involves conducting of an aer:-autical activity for
commercial purposes, all other persons then conducting like or similar
commercial aeronautical activities on sa'' Airport shall also be notified by
U. S. Mail of the filing of such application and the time and place of the
Aiiprt Committee meeting to consider the same
Upon the consideration of the application, the Airport Cc mittee shall determine
whether cr not the applicant meets the standards and qualifications as herein
set out and whether or not such application, in whole or in part, should be
recommended to the Board of Directors, and if so, upon what terms and conditions.
Page 3
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6.
V.
LEASE OR CONTRACT
Upon the approval of any such application as submitted or modified, the
Board of Directors shall cause to be prepared a suitable lease or contract
agreement setting forth the terns and conditions of the land and/or facility
use, which lease or contract shall in every instance be conditioned upon:
(a) Original and continued compliance with the Standards
required for each particular aeronautical activity
approved; shall refer to and incorporate these Standards
by reference;
(b) That any structure or facility to be constructed or placed
upon said Airport shall be constructed in a manner to
conform to all safety regulations of the State of Arkansas,
the City of Fayetteville, the F.A.A. and any other
governmental entity having regulatory authority in
connection therewith, and shall be in compliance with
the requirements of current building codes and fire
regulations of the City of Fayetteville; and that any
construction once commenced will be deligently prosecuted
to completion.
(c) Shall reserve the right in the Board of Directors to
modify or add to the standards for operation of aeronautical
activities at the Airport; shall provide for termination
or cancellation of the lease or contract upon failure
to comply after notice.
VI.
STANDARD REQUIRE/lb-NTS FOR ALL
AERONAUTICAL ACTIVITTPS
Every applicant for permission to conduct commercial aeronautical activities
at the Airport shall satisfy the Board of Directors.
(a) That such applicant has a history of management and
personnel ability on conducting the same or similar,
or comparable type of service or activity in a good
and workmanlike manner;
(b) That such applicant have the financial responsibility
and ability to provide facilities and service proposed;
(c) That the applicant has or can reasonable secure necessary
certificates from the FAA or other authority where the same
are required for the activity proposed;
Page 4
(d) That the applicant has or can furnish suitable indemnity
insurance or bond to protect and hold the City harmless
from any liability in connection with the conduct of the
activity proposed.
(e) That such applicant can and will at all titres mcct
standards of all local, state and federal bodies having
regulatory authority over the Airport and the applicant.
(f) That such applicant will maintain his exclusively leased
area in an adequate manner at all times, subject to the
approval of the Airport Manager and where applicable,
such maintenance shall include landscape maintenance
and assurance of safe operating conditions.
(g) That the applicant shall have in his employ and on duty
during the appropriate business hours, trained personnel
in such numbers as are required to meet the minimum
standards set forth in an efficient manner In addition,
these employees will w -Ar appropriate uniforms.
In considering every application for establishing commercial aeronautical
activities, the Board of Directors shall give due consideration to whether
or not such proposed activity would be a wasteful or uneconomical duplication
of facilities and detrimental to the public interest.
Page 5
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VII.
STANDARDS FOR SPECIFIC ACTIVITIES
In addition to meeting the requirements of Paragraph VI, every person
conducting the following specific activities shall meet the additional
requirements as hereinafter set out:
A. Fuel and Oil Sales. Persons conducting aviation fuel and oil
sales on the Airport shall be required to provide:
1. Electric pumps and storage tanks having a capacity equal
to the minimum tank truck load deliverable for each
grade of fuel which has been approved by the Board of,
Directors. Mobile and fixed pumping equipment must have
reliable metering devices.
2. Shall provide properly trained, and uniformed line
personnel on duty at least eight hours of every calendar
day, seven days a week, and on call by readily accessible
means at other hours during the day or night.
3. The ability to p°rform minor repairs coupled with the
requirement of proper tools, jacks, towing equipment and
tire repair equipment necessary to service the types
of aircraft expected to utilize the service provided;
proper equipment for changing engine oil, washing aircraft
and aircraft windows and windshields, for recharging or
energizing discharged aircraft batteries and starters.
4. Shall provide conveniently located heated and air conditioned
lounge or waiting rooms for passengers, and airplane
crews of itinerant aircraft together with sanitary rest rooms
and public telephones.
5. Shall provide adequate towing equipment and parking and
tiedo.,n area to safely and efficiently move aircraft and
store them in all reasonable expected weather conditions.
6. Shall maintain adequate inventory of at least two brands
of generally accepted grades of aviation engine oil and
lubricants
7. In conducting refueling operations, every operator shall
install and use adequate grounding facilities at fueling
locations to eliminate the hazards of static electricity
and shall provide approved types of fire extinguishers or
other equipment commensurate with the hazard involved in
refueling and servicing aircraft. The operator shall be
required to have fueling personnel participate in fire,
rescue or other emergency training when provided by the
Fayetteville Fire Department.
Page 6
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8. Shall provide for the adequate and sanitary handling and
disposal, in accordance with State and Federal standards,
away frau the Airport, of all trash, waste, and other
materials, including but not limited to used oils, solvents,
and other waste The piling or storage of crates, boxes,
barrels, and other containers will not be permitted within
the leased premises.
9. The operator must provide all security items required by .
Part 107 of the Federal Air Regulations and the Airport
Master Security Manual.
Page 7
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B. Aircraft Charter'end Taxi Service. Persons operating aircraft
charter and taxi service shall provide:
1. Passenger lounge, rest roan and telephone facilities as
required of an operator for fuel and oil sales.
2. Adequate table, desk or counter for checking in passengers,
handling ticketing or fare collection, handling of luggage.
3. Shall have available properly certificated suitable aircraft
with properly certificated and qualified operating crew,
one of which shall be located at the airport and ready for
departure during at least eight hours of daylight operation
daily and at other times, stand-by units and crew available
upon call within three hour's notice.
4. Shall provide passenger liability insurance of at least
$75,000 per passenger seat and propPrty damage liability
of at least $100,000.
Page 8
C. Aircraft Engine, Airframe and Accessory Sales and Maintenance.
All persons operating aircraft engine, airframe and accessory
maintenance facilities to the public for hire shall provide:
1. In case of airframe or engine repairs, sufficient hangar
space to house any aircraft upon which such service is
being performed.
2. Suitable inside and outside storage space for aircraft
awaiting rerAir or maintenance or delivery after repair
and maintenance have been completed.
3. Adequate shop space to house the equipment and adequate
equiprent and machine tools, hacks, lifts and testing
equipment to perform top overhauls as required for FAA
certification and repair of Arts not needing replacement
on all single engine land and light multi -engine land
general aviation aircraft.
4. At least one FAA certificated air frame and po%..er plant
mechanic available during eight hours of the day, five
days per week.
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5. Facilities for washing, cleaning, and waxing aircraft
if operator engages in said business.
6. Suitable equinrent (i.e. tractors, ta.bars, jacks, dollies,
and other equipment as might be needed to remove the largest
type aircraft that normally could be expected) tc promptly
remove from the landing area any disabled aircraft as soon
as permitted.
7. The Board of Directors reserves the right to waive any of
the above if, in their opinion, existing conditions justify
such a waiver.
Page 9
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D. Aircraft Rental alt'Sales. Persons conducting aircraft rental
and sales activity shall provide:
1. Suitable office space for consummating sales and/or rentals
and the keeping of the proper records in connection therewith.
2. Hangar storage space for at least one aircraft to be used
for sales or rental.
3. For rental, at least two airworthy aircraft suitably maintained
and certificated.
4. For sales activity of a new aircraft, a sales or distributor-
ship franchise from a recognized aircraft manufacturer of .
new aircraft and at'least one demonstrator nc)del of such
aircraft.
5. Adequate facilities for servicing and repairing the aircraft
or satisfactory arrangements with other operators licensed
by the Board of Directors on the Airport for such service
and repair.
6. There shall be available, at least during eight hours of
the working day, a properly certificated pilot capable of
demonstrating new aircraft for sale or for checking out
rental aircraft.
7. The minimum stock of readily expendable spare parts, or
adequate arrangements for securing spare parts, within a
reasonable time, required for the type of aircraft and models
sold. -
8. Current up-to-date specifications and price lists for types
and yodels of. new aircraft sold.
9. Proper check lists and operating manuals on all aircraft
_rented and adequate parts catalogue and service manual on
new aircraft sold.
10. The Board of Directors reserves the right to waive any of
the above if in their opinion existing conditions justify
such waiver
Page 10
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E. Flight Training. All Persons conducting flight training activities
shall provide:
1. At least one full-time (eight hours per day six days per week)
flight instructor properly certified and licensed by the FAA
appropriate to the activities proposed (i.e.) single-engine,
multi -engine, instrument rating, private license or connercial
license.
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2. At least one dual equipped single-engine land aircraft
properly equipped and maintained for flight instruction
and such additional types of aircraft as may be required to
give flight instruction of the kind advertised.
3. Adequate office and classroom space for at least ten students
with proper rest room and seating facilities.
4. Adequate mock-ups, pictures, slides, film strips or other
visual aids necessary to provide proper ground school
instruction.
S. Properly certificated ground school instructor providing
regularly scheduled ground school instructions sufficient
to enable students to pass the FAA written examinations
for private pilot and commercial ratings.
6. Continuing ability to meet certification requirements of
the FAA and all State and local requirements necessary to
conduct the flight training proposed.
7. Adequate public liability and property damage insurance
sufficient to protect the operator and the City from legal
liabilities involved and which shall name the City as
additional parties insured Limits shall be determined from
time to tirre by the Board of Directors, but, in no case shall
be less than $100,000 - $300,000.
Page 11
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F. Crop Dusting and Spraying. Persons seeking to conduct crop
dusting or spraying of agricultural chemicals shall be
permitted to refuel planes at Drake Field, however, storage
or transfer of agricultural chemicals at Drake Field is
prohibited.
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