HomeMy WebLinkAbout53-85 RESOLUTIONRESOLUTION NO. 53-85
A RESOLUTION AUTHORIZING A LEASE AGREEMENT FOR
SPACES IN THE CITY'S NEW, 13 -UNIT T -HANGAR AT
DRAKE FIELD FOR $110.00 PER MONTH
BE IT RESOLVED BY THE HOARD OF DIRECICRS OF TEIE CITY OF FAYETTEVILLE,
ARKANSAS:
That the Hoard of Directors hereby approves the form lease attached
hereto marked Exhibit "PJ! and made a part hereof for the leasing of
spaces in the new, 13 -unit T -Hangar at Drake Field.
PASSED AND APPROVED this
4
4th- day of
June
1985.
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LEASE
This lease executed this day of
19 , by and between the City of Fayetteville, Arkansas, hereinafter
called "Lessor" and , hereinafter
called °Lessee".
WHEREAS, Lessor is the owner of an airport known as the Fayetteville
Municipal Airport (Drake Field), herein referred to as "the Airport";
and
WHEREAS, Lessor is installing at the Airport portable hangars
for the put e of storing aircraft; and
WHEREAS, Lessee is the owner of an airplane and desires to lease
a T -hangar; and -
WHEMEAS, Lessor is willing to lease a T -hangar to Lessee.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein the parties agree as follows:
1. Lessor leases to Lessee, and Lessee leases from Lessor,
space number
in aircraft hangar number
, reflected
on Exhibit "A" attached hereto and made a part hereof. Said T -hangar
is presently located, or shall be installed by Lessor, on the airport
premises. At any time during the term of this lease, Lessor shall
have the right to relocate Lessee to other suitable hangar space,
as it beccmes available, on the Airport premises Lessee shall be
entitled to ten (10) days written notice from Lessor before any such
relocation shall be made; but such relocation shall not constitute
a breach of this agreement by Lessor and shall not entitle Lessee
to terminate this agreement. 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.
2. Subject to earlier termination as hereinafter provided,
the term of this agreement shall be for a period of year(s)
commencing on the day of , 19 , and ending
on the day of , 19 . Lessor or Lessee
may terminate this lease at any time by giving the other party 30
days written notice of termination.
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3. During the term of this lease, Lessee agrees to pay Lessor
for the use of the demised premises the sum of $ per month.
Said sum shall be payable in advance on or before the first day of
each month.
4. Lessee shall provide for and supply at its expense all janitor
service with respect to the demised premises. Lessor shall pay for
all utilities serving the demised premises, including, but not limited
to heat, light, gas, electricity, and water.
5. Lessee agrees to observe and obey all ordinances, rules
and regulations promulated by Lessor with respect to use of the Airport
and the demised premises; provided, however, such ordinances, rules
and regulationsshallteconsistentwithsafetyandwith rules, regulations
and order of the Federal Aviation Administration with respect to aircraft
operations at the Airport; and provided further, such rules and regulations
shall not be inconsistent with the provisions of this agreement or
the procedures prescribed or approved fran time to time by the Federal
Aviation Administration with respect to the. operation of Lessee's
aircraft at the Airport.
6. If the demised premises are partially damaged by fire, the
elements, or other casualty, said T -hangar shall be repaired with
due diligence by Lessor at its cion cost and expense. If the damage
is so extensive as to render the demised premises untenantable, but
capable of being repaired in sixty (60) days, the T -hangar shall be
repaired with due diligence by Lessor at its own cost and expense,
and the rent payable hereunder shall be proportionately paid up to
the tins of such damage and shall thenceforth cease until such time
as the T -hangar shall be fully restored.
In the event the T -hangar leased hereunder is destroyed or is
damaged so extensively that it cannot be repaired within sixty (60)
days, this agreement may be terminated at the option of either Lessor
or Lessee.
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In the event that the Airport is rendered unusable, there shall
be a proportionate abatement of the rental provided for herein during
the period that the Airport is unusable.
7. Lessee agrees to indemnify Lessor against all liability
for injuries to persons or damage to property caused by Lessee's use
or occupancy of the demised preadses; provided, however, lessee shall
notte liable for any injury, damage, or loss occasioned by the negligence
of Lessor or its agents or euployees; and provided further, Lessor
shall give to Lessee prompt and tbnely 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 oan interest.
8. If Lessee fails to make any payment due hereunder within
ten (10) days of the date on which • such payuent is due, Lessor may,
at its option, terminate this agreement and take possession of such
of Lessee's personal property as is reasonabli necessary to secure
payment of the assent due and unpaid.
9. Upon expiration or other termination of this lease, Lessee's
rights to use of the demised premises shall cease, and Lessee shall
vacate the premiseswithoutunreasonable delay.
All fixtures, improvements, equipment, and other property brought,
installed, erected or placed by Lessee on the demised premises shall
te deensd to be personalty and shall remain the property of Lessee.
Lessee shall have the right at any time during the term of this agree:Tent,
to remove any or all of such property from the Airport, subject, however,
to Lessee's obligation to repair all damages, if any, resulting from
such renoval. Any and all property not removed by Lessee prior to
the expiration of this lease shall thereupon become the property of
Lessor and title thereto shall thereupon vest in lessor.
10. Lessor may enter the deeised prenises at any reasonable
tbneforany reasonable purpose neoessacyor incidential to theperformance
Of its obligations hereunder.
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11. Lessee shall not at any time sublet the demised premises
or assign its rights under this agreement without the written consent
of Lessor. No such subletting or assignment shall release Lessee
free its obligations to pay the rentals set forth herein.
12. Notice as provided for herein shall be sufficient if sent
by certified mail, postage prepaid, addressed as follows:
Notice to lessor:
Airport Manager
Fest Office Icawer F
Fayetteville, Arkansas 72701
Notice to Lessee:
13. This agreement shall be construed under the laws of the
State of Arkansas.
14. All covenants, conditions and provides in this agreement
shall extend to and bind the legal representatives, successors and
assigns of the respective parties hereto.
IN MTN= NOBOSOF the parties have executed this agreement on
the day and year first above written.
CIT? OF FAYETTEVILLE, ARKANSAS
LESSOR
By
Mayor
ATTEST:
By
City Clerk
ATIEST:
Lessee
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