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Home My WebLink About91-86 RESOLUTIONRESOLUTION NO. 91-86 A RESOLUTION APPROVING THE RENEWAL OF THE EXISTING LEASE WITH AIR MIDWEST FOR A FUEL FARM AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby approves the renewal of the existing lease with Air Midwest for a fuel farm at the Fayetteville Municipal Airport. PASSED AND APPROVED this 2nd day of September , 1986. 4 • APPROVED LEAS E// 4/ ' THIS LEASE, executed on this 0 day of _ AL, 1986, corporation, hereinafter called "Lessor", and Air Midwest, Inc., a Kansas corporation, hereinafter called "Lessee". . between the City of Fayetteville, Arkansas, a municipal • • • WI TNESSETH: • 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 Board; 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 farm to sell or furnish fuel to any other person or business at the airport. 3. Term. Subject to earlier termination, as hereinafter provided, the term of this agreement shall be for a period on one (1) year commencing on March 1, 1986, and ending on February 28, 1987. In the event Lessee relocates Lessee's fuel farm, Lessee's right to use the premises des„ribed 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 day of the month. The first such payment shall be due on or before Mar^h 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. Lessor 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, 113 West Mountain Street, 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 7724, Wichita, Kansas 67277. 9. This agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representatives of the parties. IN WITRU:gS WHERHOF, the parties hereto have executed this Agreement on the year and date first above written. • AMST ATTEST CITY OF FAYETTEVILLE, ARKANSAS Mayor feloute/// AIR MIDWEST, INC. Title: • • • 4 Emr Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. This certificate replaces any other previously issued by this company for this insured. Cancellation: Should any of the described policies be cancelled, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER NAMED INSURED & PRINCIPLE ADDRESS City of Fayetteville Arkansas Attn: City Clerk 113 West Mountain Street Fayetteville, AR 72701 AIR MIDWEST, INC., MIDWEST SKYWAYS, INC., SCHEDULED SKYWAYS, INC. MID CONTINENT AIRPORT WICHITA, KANSAS 67209 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Type of Coverage • AIRCRAFT LIABILITY INSURANCE in respect of all insured aircraft owned, leased, or operated by the Named Insured, worldwide • AIRCRAFT HULL INSURANCE in respect of all insured aircraft owned, leased or operated by the Named Insured, worldwide • COMPREHENSIVE GENERAL LIABILITY in respect of worldwide Ground Operations of the Named Insured, including Premises -Operations, Contractual, Products and Completed Operations. OTHER Insurance Company and Policy Number See Attached See Attached See Attached Policy Expiration 9/1187 9/1187 911187 Limits of Liability BODILY INJURY AND PROPERTY DAMAGE COMBINED AS SET FORTH IN THE POLICY 50,000,000 BODILY INJURY AND PROPERTY DAMAGE COMBINED • When required and only to the extent, required by written contract, the certificate holder is included as an additional insured but solely as respects operations of the Named Insured as stated within said contract. Contract reference dated March 1, 1986 in respect of Fayetteville Fuel Farm, Dake Field. City of Fayetteville, Arkansas is included as an Additional Insured as its respective interest may appear. Alexander & Alexander, Inc. 911 Main Street P. O. Box 13647 Kansas City, Missouri 64199 7197E/5 Date Issued: September 25, 19886 98pQ Alexander By:Ci MJexander Phone: (816)'391-1119 AIR MIDWEST, INC. SCHEDULE OF INSURERS TERM: SEPTEMBER 1, 1986 TO SEPTEMBER 1, 1987 INSURERS POLICY NUMBERS PARTICIPATION Fireman's Insurance Company of SP59-4886 34.0% Newark, New Jersey (through Associated Aviation Underwriters) 90 John Street, New York, NY 10038 Underwriters at Lloyd's & British Cos. c/o Alexander Stenhouse Ltd., Aviation & Aerospace Division Third Floor, 10 Devonshire Square London, EC2M 4git England AD 86 02116 AD 86 02117 AD 86 02118 20.5% La Concorde Group (through 86-15937-0010 12.0% La Reunion Aerienne) 50 Rue Ampere, Paris, France 75017 Compagnie d'Assurances Maritimes 86 0509 7.5% Aeriennes & Terrestres 9 Rue, des Filles St. Thomas Paris, France 75002 Insurance Company of North America ATA 0066034 2.0% 1221 Avenue of the Americas New York, NY 10020 United States Fire Insurance Company 700AX22-2076 10.0% (through Aviation Office of America, Inc.) Lovefield Terminal Building Dallas, TX 75235 Transamerica Insurance Company 120 3509 10.0% (through Southern Marine & Aviation Underwriters, Inc.) 610 Poydras Street, New Orleans, LA 70130 Arkwright - Boston Manufacturers MMO 91809 2.0% Mutual Insurance Company (through Mutual Marine Office) 100 Park Avenue, New York, NY 10017 New York Marine Managers, Inc. 86-50122/01 2.0% 123 William Street, New York, NY 10038 100.0% Each of the above Insurers, Individually, has authorized Alexander & Alexander of Texas, Inc. to issue this certificate on its behalf. Alexander & Alexander is not an insurer and has no liability of any sort under the above policies nor as a result of the issuance of this certificate. 6659E