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Home My WebLink About04-86 RESOLUTIONRESOLUTION NO. 4-86' A RESOLUTION AUTHORIZING THE MAYOR AND CITY CTFRK TO EXECUTE A CONSENT TO SUBLEASE WITH AIR MIDWEST, INC. FOR SPACE IN THE TERMINAL BUILDING AT DRAKE FIELD. BE IT RESOLVED BY THE BOARD OF DIRECIORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a consent to sublease with Air Midwest, Inc. for space in the terminal .building at'Drake Field. A copy of the consent to sublease is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of January ATTEkST ?te . •.(• Y 11 It 41 if• h.,.. pF Mayor SUBLEASE This SUBLEASE executed this 7th- day of January MICROFILME5 , 1984 by and between Air Midwest, Inc., hereinafter called "Sublessor", and Gary Wheeler d/b/a The Freight Connection, hereinafter called "Sublessee". WHEREAS, Sublessor leases from the City of Fayetteville, Arkansas • terminal and cargo space at the Drake Field Airport; and WHEREAS, Sublessor has obtained permission from the City of Fayette- ville, Arkansas to sublet portions of said terminal space, and WHEREAS, Sublessee desires to sublease a portion of Sublessor's terminal space for the purpose of providing air freight service to airlines utilizing the Drake Field Airport. NOW, HEREPORE, IN CONST SON OF THE COVENANTS CONTAIN D HEREIN Sublessor and Sublessee hereby agree as follows: 1. Sublessee leases from Sublessor, and Sublessor leases to Sublessee, the following described portion of the Drake Field Airport in Fayetteville, Arkansas: A 14' x .18'6" freight roan consisting of 259 sq. ft. located in the southeast corner of the terminal building. 2. Sublessee shall use the demised premises in connection with Sublessee's air freight operations business. 3. The term of this sublease shall be three (3) years beginning October 1, 1985 and ending September 30, 1988. F\ • -2- Sublessee shall pay Sublessor as rent the sum of $260.00 per month. Said rent shall be payable on or before the tenth day ¢ • • rent for any month is not paid by the due date, shall be liable for a late payment charge equivalent to cent, compounded monthly, of the outstanding rent. Should of each month. If the Sublessee one per the City of Fayetteville raise Sublessor's rent, Sublessee's rent under this sublease shall be raised by the same per centage. 5. Before installing any equipment on the demised premises, Sublessee shall obtain written permission from the City of Fayetteville, Arkansas. Sublessee shall also obtain written permission from the City of Fayetteville before making any modifications to the terminal building and before installing any signs. Sublessee shall bear the cost of any security devices or systems required by Sublessee other than security devices or systems presently installed at the Drake Field Terminal Building. 6. Sublessee shall not sublease any portion of the demised premises during the term of this sublease. 7. Sublessee shall maintain the demised premises, and all equipment installed thereon, in a clean condition throughout the term of this sublease. 8. Sublessee shall indemnify and hold harmless Sublessor from all fines, taxes, penalties, costs, or damages, including attorney fees, resulting from Sublessee's failure to comply with regulations or policies of governmental or public authorities regulating the conduct of Sublessee. -3 - Sublessee assumes all liability for and agrees to hold Sublessor, ,its agents, employees and officers harmless and indemnify them from any and all claims, and/or liabilities of any kind whatsoever, including legal fees and expenses in connection therewith, for any injury to any person or property or death of any person arising out of the negligence of Sublessee,• its employees, agents and officers committed within . e the entire building and vicinity of the. leased area at the Drake Field Airport in Fayetteville, Arkansas. Sublessee assumes liability for and will indemnify Sublessor for damage to or destruction of any aircraft i or other property awned or leased or operated by Sublessor, to the extent such is caused by the negligence of Sublessee, its agents, officers and employees. 9. Sublessee shall maintain at all times hereunder, insurance to cover the contents of the Subleased premises and public liability insurance for the Subleased premises in the amount of $ 1,00 opo.eo, combined single limit, bodily injury and property damage coverage. Sublessee shall further obtain an endorsement to said insurance policy and to have Sublessor named as an additional, named insured. Certificates evidencing such insurance will be provided Sublessor within thirty (30) days ification Sublessor after execution of this sublease. Any cancellation or mod - in coverage will not take place until thirty (30) days after receives notice thereof, in writing. I 10. The Sublessee assures that it will undertake an affirmative action program as required by 14 CFR, Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national • -4- 1 origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Part 152, Subpart E. The Sublessee assures that no person shall be excluded on these grounds from participating in a or receiving the services or benefits of anyprogram or activity covered by this subpart. The Sublessee assures that it will require that its covered suborganizations provide assurance that they similarly will undertake affirmative action programs:and that they will require r assurances from their suborganizations, as required by -14 CFR, Part 152, Subpart E, to the sane effect. 11. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. 12. Sublessee agrees to furnish service on a fair and non- discriminatory basis to all users thereof, and agrees to charge fair, reasonable and non-discriminatory prices for each unit of service; PROVIDED, that Sublessee may make reasonable, nondiscriminatory disccunts, rebates, or other similar types of price reductions to volume purchasers. 13. Sublessor and Sublessee mutually agree not to give unauthorized persons access to each other's premises or equipment during the term of this Sublease. 14. No amendments or modifications to this agreement will be effective unless agreed to in writing by the respective parties or their authorized representatives and approved by the City of Fayetteville. 15. That the rights and remedies of the parties and interpretations i of this contract shall be governed by the laws of the State of Arkansas • • • -5- 16. Any notice or demand required herein shall be effective if sent by certified mail to the parties respective addresses as follows: THE FREIGHT CONNECTION Attention: Gary Wheeler, an individual d/b/a The Freight Connection P.O. Box 1924 Fayetteville, Arkansas 72702 AIR MIDWEST, INC. Attention: Doug Hope Properties and Contracts Administrator P.O. Box 7724 Wichita, Kansas 67277 IN RECOGNITION OF THE ABOVE AND FOREGOING SUBLEASE, the parties sign this agreement on the date first above written. SUBIE $OR Air idw t, nc. Gary M amso Title: President ATTEST: Title: arak SUB >"SEE Ga .+/Wh-eler, inddual /a The F -4gs .nnec ATTEST: 4/X24-.- Title: viw.(:Title: {l, Title: Owner/Operator of The Freight Connection -6- EXHIBIT 'A' I 1 Cna wr Ta SOffiEASE Now on this day of of Fayetteville hereby grants to Air Midwest its , 1984 the City ission to Sublease a 14' x 18'6" roan located in the southeast corner of the 1 building consisting of approximately 259 sq. an individual d/b/a the Freight Connection, (3) years for the purpose of handling freight at terminal ft. to Gary Wheeler, for a period of three the Drake Field Airport in Fayetteville, Arkansas. The City of Fayetteville hereby consents to the sublease of the above-described premises to The Freight Connection by Air Midwest, Inc., upon the terms specified in the attached Agreement. Attest: Title: AIR MIEWE'L# INC By: Title: