HomeMy WebLinkAbout21-85 RESOLUTIONr,
RESOLUTION NO, 21-85
SCANNED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY rrFRK
TO EXECUTE A FUEL FARM LEASE AGREEMENT WITH AIR
MIDWEST SKYWAYS, INC.
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 fuel farm lease with Air Midwest Skyways, Inc. A copy
of the lease authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 5th day of
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March 11985.
Mayor
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LEASE
THIS LEASE, .executed on this lst day of . March , 1985,
between the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called "Lessor", and Air Midwest Skyways, Inc., a Kansas
corporation, hereinafter called "Lessee".
WITNESSETH:
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 transportation business
and operates a scheduled flight operation carrying passengers and
freight for hire under proper authorization of the Federal Aviation
Administration, the Arkansas Transportation Commission and the Civil
Aeronautics Hoard; 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. Leased Premises. Lessor hereby lets and demises to Lessee
the exclusive use of the space now occupied by Lessee's fuel farm
designated on Exhibit "A" attached hereto.
2. Authorization. Lessor authorizes Lessee to use the
foregoing facilities in connection with its scheduled flight operations.
Lessee shall not use its fuel fano to sell or furnish fuel to any
other person or business at the airport.
3. Term. Subject to earlier termination, as hereinafter
provided, the tens of this agreement shall be for a period on one
(1) year commencing on March 1, 1985, and ending on February 28, 1986.
In the event Lessee relocates Lessee's fuel farm, Lessee's right to
use the premises described in Paragraph 1 shall terminate immediately
and Lessee's obligation to pay rent under Paragraph 4 shall likewise
terminate.
4. Rentals and Charges. Lessee shall pay to Lessor the
sum of $440.00 per month, payable in advance on or before the 10th
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day of the month. The first such payment shall be due on or before
March 10, 1985. In the event of late payment, a ten percent (10%)
penalty, compounded monthly, shall be due and payable immediately.
5. Lessee agrees at all times to maintain the demised premises
in good, safe, and attractive condition.
6. Surrender of Possession. On the expiration or other termination
of this Lease, Lessee's rights hereunder shall cease, and Lessee shall
surrender possession of the premises granted herein in good condition,
except for usual and ordinary wear and tear.
All fixtures, improvements, equipment, and other property
brought, installed, erected, or placed by Lessee in, on or about the
Airport and premises leased hereunder shall be deemed the 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 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 be vested in Lessor.
7. Insurance. Lessee agrees to add Lessor as an insured
under Lessee's existing General Public Liability Insurance Policy
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 writing as to any amendments
to or cancellation of said policy.
8. Notices. Notices to Lessor provided 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 herein shall be sufficient if sent
by registered mail, addressed to Lessee at its regular mailing address,
P.O. Box 1344, Fayetteville, Arkansas 72701.
9. This agreement shall inure to the benefit of and be binding
upon the successors, assigns and legal representatives of the parties.
IN WITNESS WIERE F, the parties hereto have executed this Agreement
on the year and date first above written.
ATTEST
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ATTEST
CITY OF FAYETTEVILLE, ARKANSAS
Mayor
AIR MIDWEST SKYWAYS, INC.
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