HomeMy WebLinkAbout73-85 RESOLUTIONRESOLUTION }D. 73-85
SCAN 1E
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ('r.FRK
TO EXECUTE LEASES WITH NORTHWEST AIR, INC. FOR
HANGAR AND TERMINAL SPACE AT THE FAYETTEVILLE
MUNICIPAL AIRPORT,
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYEITEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute leases with Northwest Aix, Inc. for hangar and terminal
space at the Fayetteville Municipal Airport. Copies of the leases
authorized for execution hereby are attached hereto marked Exhibits
x7'7"4 "..," " , ..
A„ and B and made a part hereof.
zel
e " ±40t3j. ^TM PASSED AND APPROVED this 16th day of July , 1985.
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BY • Lfii "1
APPROVED
Mayor
MCROFILMED 41 E-55
LEASE AGREEMENT
LEASE AGREEMENT made this 29th day of July ,
198 5, between the City of Fayetteville, Arkansas, hereinafter
called "Lessor", and Northwest Air
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-
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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.
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q. Subject to earlier termination as hereinafter
provided, the initial term of this agreement shall be for
one (1) year commencing on the lst day of August
198 5 , and ending on the fit day of -,ny
198 6 .
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
passengers may be stored on the
utilized by the pilot and
premises. Lessee further agrees not to store any flammable
material on the premises or in any way endanger or violate
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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
fire or other casualty, said premises shall be repaired with
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
hangar.
13. Lessee agrees to indemnify Lessor against any
for injuries to persons or damage to property
or occupancy of the leased
liability
caused by
premises;
Lessee's negligent use
provided, however, that
Lessee shall not be liable
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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 ole^. 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 afterthe
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
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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:
City of Fayetteville
c/o Airport Manager
Postal Drawer F
Fayetteville, AR 72701
22. This agreement shall be construed under
of the State of Arkansas.
23. All the covenants, conditions,
under this agreement shall extend to and
representatives, successors, and assigns
parties hereto.
Lessee:
Northwest Air
P. 0. Box 756
Fayetteville, AR 72702
the laws
and provisions
bind the legal
of the respective
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
BY
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Mayor 61-r) ?
13.6
'(A1CR
LEASE A
This lease executed on the ._ 4.day of A u. qJust , 1985
between the City of Fayetteville, Arkansas, hereinafter called "Lessor",
and Northwest Aix, 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
twelve square feet, more or less,
at the Fayetteville Municipal Airport
hereto, marked Exhibit "a", and made
Lessee hereby leases from Lessor,
in the Airport Terminal Building
as depicted on the plat attached
frig. 5-(
a part hereof.
$. 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 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 foam of mail requiring a return receipt.
4. Rent. During the team of this lease, Lessee shall pay to
Lessor the sun 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 \rent on or before the date specified herein, a ten
percent (10%) late payment penalty, to be caipouhded monthly, shall be
due and payable immediately.
5. Advertising Si ns. 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.
6.
liance 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
IVO
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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 remain the property of Lessee. Lessee shall have the
right at any time during the tern 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. Assigment 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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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, employees, 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 property 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 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 ooirpranise and defendthe 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
throughout the term ofthis 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 the premises shall
cease, and Lessee shall vacate the premises without unreasonable delay.
IN WITNESS WHEREOF, the parties have executed this lease on the