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Home My WebLink About29-87 RESOLUTIONmourner" NO. 29=87W A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FUEL FARM LEASE WITH AIR MIDWEST, INC. 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 a fuel farm lease with Air Midwest, Inc. A copy of the lease authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7 day of April , 1987. ATTEST By: . r Mw APPROVED By: • rt COLI 411: "••••••••••••41.4 Ma Ca &C LEASE THIS LEASE, executed on this ! day of , 1987, between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "Lessor", and Air Midwest, Inc., a Kansas corporation, hereinafter called "Lessee". WITNESSETH: 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: 11. 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 •rtmencing on March 1, 1987, and ending on February 28, 1988. In the event Lessee relocates Lessee's fuel farm, Lessee's right to _ - - use the premises described 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 MICROFILM day of the month. The first such payment shall be due on or before March 10, 198.8. In the event of late payment, a ten percent (108) 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 ahait 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 frau the Airport, subject, however, to Lessee's obligation to repair all damage, if. ,any, resulting frau such removal. Any and all property not removed by Lessee prior to the expiration of the said thirty (30) day period shall thereupon became 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, Fayettevill.e,,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. ,. 7 IN prrniass iaERBDF, the parties hereto have executed this Agreement on the year and date first above written. ATTEST ATTEST CITY OF FAYETTEVILLE, ARKANSAS • 9,91,,„,,A04.2 o AIR MINEST, INC. BY' Title: TIIRsPIua€D Certificate of Insurance This certificate is issu d 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 This is AIR MIDWEST, INC., MIDWEST SKYWAYS, INC., SCHEDULED SKYWAYS, INC. MID CONTINENT AIRPORT WICHITA, KANSAS 67209 o certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Insurance Company Type of Coverage and Policy Number *AIRCRAFT LIABILITY INSURANCE in respect of all insured aircraft owned, leased, or operated by the Named Insured, worldwide 'AIR RAFT HULL INSURANCE in respect of all insu d aircraft owned, leased or operated by the N med Insured, worldwide 'COMPREHENSIVE GENERAL LIABILITY in respect of worldwide Ground Operations of the Named Insured, including Premises -Operations, Contractual, Products and Completed Operations. OTHER See .Attached See Attached See Attached Policy Expiration 9/1/88 9/1/88 Limits of Liability BODILY INJURY AND PROPERTY DAMAGE COMBINED AS SET FORTH IN THE POLICY BODILY INJURY AND PROPERTY DAMAGE COMBINED 9/1/88 $50,000,000 '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 City of interest reference dated March 1 Fayetteville, Arkansas may appear. Alexander & Alexander, Inc. 911 Main Street P.O. Box 13647 Kansas City, Missouri 64199 7197E/5 , 1986 in respect of Fayetteville Fuel Farm, Dake Field. is included as an Additional Insured as its respective Alexander exander Date Issue By. Phone: eptember 1, 1 87 (8%6) 391-1119 AIR MIDWEST, INC. SCHEDULE OF INSURERS TERM: SEPTEMBER 1, 198& TO SEPTEMBER 1, 1988 INSURERS POLICY NUMBERS PARTICIPATION US AVIATION INSURANCE GROUP (through US AVIATION UNDERWRITERS, INC.) UNDERWRITERS AT LLOYD'S & BRITISH COS. c/o ALEXANDER HOWDEN. LTD., AVIATION & AEROSPACE.DIVISION , LA CONCORDE GROUP (through LA REUNION AERIENNE) COMPAGNIE d'ASSURANCES MARITIMES AERIENNES & TERRESTRES • INSURANCE COMPANY OF NORTH AMERICA SIHL1-4585 34.0% AD 8700784 25.0% 87/16914 15.0% 87-0917 7.5% ATA007061 3.0% UNITED STATES FIRE INSURANCE COMPANY 700AF225073 10.0% (through AVIATION OFFICE OF AMERICA, INC.) .mnRKWRIGHT-BOSTON MANUPACTUREPS — - 1 MUTUAL INSURANCE COMPANY (through MUTUAL MARINE OFFICE) MMO.. 92.363:: .. NEW YORK MARINE MANAGERS, INC. . 87-F0122/01 . 2.0% 100.0% Each of the above Insurers, Individually, has authorized Alexander & Alexander 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 Certificate of insurancemaRc) "E 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 -. :. te- This-is-to.certify that policies,of-insurance listedkbelo 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 AIR MIDWEST INC/MIDWEST SKYWAYS, INC., SCHEDULED SKYWAYS, INC. MID CONTINENT AIRPORT WICHITA, KANSAS 67209 have_been,issued to_the,insuredsamed_above_and_are in.force at this time. Insurance Company and Policy Number See Attached See Attached See Attached Policy Expiration 09/01/89 09/01/89 Limits of Liability BODILY INJURY AND PROPERTY DAMAGE COMBINED AS SET FORTH IN THE POLICY BODILY INJURY AND PROIERTY DAMAGE COMBINED 09/01/89 $50,000,000 *When required and only to the extent required by written contract, the certificate holder is included as an additional as respects operations of the Named Insured as stated within said contract. • nsured but solely 'Contract reference dated March 1, 1986 in respect of Fayetteville Fuel Farm, Dake Field. City of Fayetteville, Arkansas is included interest may appear. Alexander & Alexander, Inc. 911 Main Street Algxander P.O. Box 13647 exander Kansas City, Missouri 64199 7197E/4 as an Additional Date Issued: By: Phone: Insured as its respective September 1, 1988 Rd X7./ (816) 91-1119 usikamo- AIR MIDWEST, INC. SCHEDULE OF INSURERS TERM: SEPTEMBER 1, 1988. TO SEPTEMBER 1, 1989 INSURERS POLICY NUMBERS PARTICIPATION US AVIATION INSURANCE GROUP (through US AVIATION UNDERWRITERS, INC.) SIHL15142 34.0% UNDERWRITERS AT LLOYD'S & AD8800514 "" BRITISH COS. c/o ALEXANDERHOWDEN'"'- " " LTD., AVIATION & AEROSPACE DIVISION 25.0% NATIONAL UNION - AV1504283 20.0% (.through Southeastern Marine & Aviation Underwriters) - - TRANSAMERICA INSURANCE COMPANY 1203738 15.0% (through Southern Marine & Aviation Underwriters) UNITED STATES FIRE INSURANCE COMPANY AC22A133802 3.5% (through AVIATION OFFICE OF AMERICA, INC.) NEW YORK MARINE MANAGERS, INC. 88F0266/01 2.5% 100.0% • Each of the above Insurers, Individually, has authorized Alexander & Alexander to issue this certificate on its behalf. Alexander & Alexander is not an insurer and has no liabilityof any sort under the above policies nor as a result of the issuance of this certificate. 6659E