HomeMy WebLinkAbout104-87 RESOLUTIONRESOLUTION 104-87
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NI1OteiMi
LEASE MICROFILMED
This LEASE executed this � day of 11�kn�
19 , by and between the City of Fayetteville, Arkansas, hereinafter,
Michael Foscher
called "Lessor" and d/b/a Precision Aviation
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 purpose of storing aircraft; and
WHEREAS, Lessee is the owner of an airplane and desires to lease
a T -hangar; and
WHEREAS, Lessor is willing to lease a T -hangar to Lessee.
tO, 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
B-5
vAlB
in aircraft hangar numbertir=v
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 becomes 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 initial term of this agreement shall be for a period of 1
year(s) commencing on the 1st
day of
December
1987 ,
and ending on the 30th day of November , 19 88 Lessor
or Lessee may terminate this lease at any time by giving the other
party 30 days written notice of termination. This agreement may be
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extended for up to 5 additional one year terms in accordance with
the following procedure: At least '60 days .prior to the scheduled
termination date, Lessor shall give Lessee written notice of the monthly
rent payable in the.extended terM, at least 30 days prior to the termina-
tion date, Lessee shall give Lessor written notice if Lessee exercises
this option to extend.
3. During the term of this lease, Lessee agrees to pay Lessor
for the use of the demised premises the sum of $ 110.00 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 regulations shall be consistent with safety and with rules, regulations'
and order of the Federal Aviation Administration with respect to aircraft
operations at the Airport; and provided fu_ther, such rules and regulations
shall not be inconsistent .with the provisions of this agreement or
the procedures prescribed or approved from 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 shallbe repaired with
due diligence by Lessor at its own 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 .in cost and expense,
and the rent payable hereunder shall be proportionately paid up to
the time of such damage and shall thenceforth cease until such time
as the T -hangar shall be fully restored. .
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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.
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 premises; provided, however, Lessee shall
notbe liable for any injury, damage, or loss occasioned by the negligence
of Lessor or its agents or employees; and provided further, 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 own interest.
8. If Lessee fails to make any payment due hereunder within
ten (10) days of the date on which such payment is due, Lessor may,
at its option, terminate this agreement and take possession of such
of Lessee's personal property as is reasonably necessary to secure
payment of the amount due and unpaid.
.'r=.? inn nt other termination of this lease, Lessee's
rights to use of the demised premises shall cease, and Lessee shall
vacate the premises without unreasonable delay.
All fixtures, improvements, equipment, and other property brought,
installed, erected or placed by Lessee on the demised premises 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,
to remove any or all of such property from the Airport, subject, however,
to Lessee's obligations to repair all damages, if any, resulting from
such removal. Any and all prope_ty 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.
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10. Lessor may enter the demised premises at any reasonable
tine for any reasonable purpose necessary or incidental to the performance
of its obligations hereunder.
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
from its obligations to pay the rentals set forth herein.
12. Notice as provided for, herein'shall be sufficient if sent
bb certified mail, postage prepaid, addressed as follows:
Notice to Lessor:
Airport Manager
113 West Mountain Street
Fayetteville, Atkansas 72701
Notice to Lessee:
Precision Aviation
P. O. Box 3691
Fayetteville, AR 72702-3691 PHS 521-9178 (Michael L. Froscher)
13. This agreement shall be construed under the laws of the
State of Arkansas.
14. A11 covenants, conditions and provides in this agreerent.
shall extend to and bind the legal representatives, successors and
"assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
Lessor
ATTEST
By:
ATTEST
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Title:
By: inlatibruj
Mayor
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Lessee
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By: ,(^/
Title: QL,J/''&r
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LEASE
This LEASE executed this 4- day of
947', by and between the City ofFayetteville,
called "Lessor" and
Arkansas, hereinafter,
AERO TECH SERVICES, INC.
hereinafter called "Lessee".
WHEREAS, Lessor is the owner of an airport knowr, as the Fayetteville
Municipal Airport (Drake Field), hereir, referred t� as "the Airport";
and
WHEREAS, Lessor is installing at the Airport portable hangars
for the purpose of storing aircraft; and
WHEREAS, Lessee is the owner of an airplane and desires to lease
a T -hangar; and
WHEREAS, 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 frau Lessor,
space number A - 2 in aircraft hangar number A
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 becomes available, on the Airport premises. Lessee shall
be entitled to ten (10) days written notice frau 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 initial term of this agreement shall be for a period of 1
year(s) commencing on the 1st day of DECEMBER , 1987 ,
and ending on the 30th day of NOVEMBER , 19 88 . Lessor
or Lessee may terminate this lease at any time by giving the other
party 30 days written notice of termination: This agreement may be
•
extended for up to 5 additional one year terms in
•
accordance with
the following procedure: At least 60 days prior to the scheduled
termination date, Lessor shall give Lessee written notice of the monthly
rent payable in the extended term; at least 30 days prior to the termina-
tion date, Lessee shall give Lessor written notice if Lessee exercises
this option to extend.
3. During the term of this lease, Lessee agrees to pay Lessor
for the use of the demised premises the sum. of $ 135.00
per
month. Said sum shall be payable in advanceon 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
and regulations promulated by Lessor with respect to
and the demised premises; provided, however, such
ordinances, rules
use of the Airport
ordinances, rules
and regulations shall be consistent with safety and with 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 from 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 own cost and expense. If the damage
is so extensive as to render the demised premises unterantable, 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 time of such damage and shall thenceforth cease until such time
as the T -hangar shall be fully restored.
Ar
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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.
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 premises; provided, however, Lessee shall
not be liable for any injury, damage, or loss occasioned by the negligence
of Lessor or its agents or employees; and provided further, Lessor
shall give to Lessee prompt and timely notice of any claim made or
suit instituted which in any way directlyor indirectly affects or
might affect Lessee and Lessee shall have the right to compromise
and defend the same to the extent of its own interest.
8. If Lessee .fails to make any payment due hereunder within
ten (10) days of the date on which such payment is due, Lessor may,
at its option, terminate this agreement and take possession of such
of Lessee's personal property as is reasonably necessary to secure
payment of the amount 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 premises without unreasonable delay.
All fixtures, improvements; equipment, and other property brought,
installed, erected or placed by Lessee on the demised premises 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,
to remove any or all of such property from the Airport, subject, however,
to Lessee's obligations to repair all damages, if any, resulting from
such removal. 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.
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10. Lessor may enter the demised premises at any reasonable
time for any reasonable purpose necessary or incidental to the performance
of its obligations hereunder.
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
from 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
113 West Mountain Street
Fayetteville, Arkansas 72701
Notice to Lessee:
Aero Tech Services, Inc.
P: O. Box 1266
Fayetteville, AR 72702
PHONE: 443-4343
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 WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
ATTEST
B
ATTEST
By:
Title
CITY OF FAYETTEVILLE, ARKANSAS
Lessor
By:
Lessee
By:
Title:
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