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Home My WebLink About14-87 RESOLUTIONRESOLUTIct4 N0. 14-87 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH YOUNKIN AIR SERVICE FOR A T -HANGAR AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYE TEVILLE, ARRA[SAS: That the Mayor and City Clerk are hereby authorized and directed to execute a lease with Younkin Air Service for a T -Hangar at the Fayetteville Municipal AiLYort. A copy of the lease authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. 1 PASSED AND APPROVED this 3 day of March , 1987. APPROVED By: Ma CjoLtAilnij -V This lease executed this LEASE day of 19 E7, by and between the City of Fayetteville, Arkansas, hereinafter called "Lessor" and Younkin Air Service called "Lessee". WHEREAS, Lessor is the owner of an airport known as the Fayetteville Municipal Aitpurt (Drake Field), herein referred to as "the Airport"; , hereinafter 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 from Lessor, space number A- 3 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 Eron Lessor before any such relocation shall be made; but such relocation shall not constitute a breachof 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 1 year(s) commencing on the 12th day of February 19 87 , and ending on the llth day of February 19 88 . Lessor or Lessee may terminate this lease at any time by giving the other party 30 days written notice of termination. 'AIRPORT COMMI!'1'Eb MEETING FEBRUARY 25, 1987 ITEM #3 Younkin Air Service Lease (T -Hangar) ,i• • -2- 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 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, 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 including, but not limited • 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 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 awn 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 time of such damage and shall thenceforth cease until such time as the T -hangar shall be fully restored. In the event the damaged so extensively T -hangar leased hereunder is destroyed or is that it cannot be repaired within sixty (60) days, this agreement may be terminated at the option of either Lessor or Lessee. r` AIRPORT COMMITTEE MEETING 1 FEBRUARY 25, 1987 - ITEM #3 Younkin Air Service Lease (T -hangar) 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 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. 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 tine during the term of this agreement, to rermve any or all of such property from the Airport, subject, however, to Lessee's obligation to repair all damages, if- any, resulting frau such removal. Any and all property not removed by Lessee prior to the expiration of this lease shall thereupon becare the property of "lessor and titleth to shall thereupon vest in Lessor. 10. Lessor may enter the demised premises at any reasonable time for any reasonable purpose necessary orincidential to the performance of its obligations hereunder. AIRPORT COMMIliEb MEETING -FEBRUARY 25, 1987 HEM #3 Younkin Air Service Lease (T-hanaarl 4 t 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., Notioe_as provided for herein shall be sufficient if sent by certified mail, postage prepaid, addressed as follows: Notice to Lessor: City of Fayettteville 113 West Mountain Street Fayetteville, AR 72701 Notice to Lessee: Younkin Air Service, Inc. P. O. 1785 Springdale, AR• 72765 13. This agreement shall be construed under the laws of the State of Arkansas. 14. A11 covenants, conditions and proviOes in this agreement shall extend to and bind the legal tepresentatives, successors and .assigns of the respective parties hereto. IN MINNS WHERSOP the parties have executed this agreement on the day and year first above written. ATTEST: CITY OF FAYETTEVILLE, ARKANSAS LESSOR BY TIMa a 904k/tc• or -•4•••. _ Lasser ATTEST: AIRPORT -O RE MEC IL. FEBRUARY 25, 1987 ITEM #3 pp� Younkin Air Service Lease (hangar) k: 1 • �• rt Y n ifs a 1 4- a r Zs. 00 o • AIRPORT COMMITTEE MEETING F BRUARY 25, 1987 ITEM #3 Younkin Air Service Lease (T -hangar)