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HomeMy WebLinkAbout60-87 RESOLUTION4 '1 ' RESOLUTION NO. 60-87 A RESOLUTION' AUTHORIZING THE MAYOR AND CITY CLERK TO,EXECUTE AIRCRAFT HANGAR LEASES. • • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:t Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute aircraft hangar leases with Carolyn Pugh, Clayton Barnharit, Shane McAllister, Bill Darden, and Ernest Lancaster at $110.00 per month. A copy of the form of the lease authorized for execution hereby is attached hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the Mayor and City Clerk are hereby and directed to execute aircraft hangar leases with Bill Underwood, Joseph Hall and Frank Doughty, and Dr. Floyd Harris at $135.00 per month. A copy of the form of the lease authorized for execution hereby is attached hereto marked Exhibit "B" and made a part hereof. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute aircraft hangar leases with Continental Ozark, Inc. and Northwest Air, Inc., at $620.00 per month. A copy of the form of the lease authorized for execution hereby is attached hereto marked Exhibit "C" and made a part hereof. PASSED AND APPROVED this • 1st day of APPROVED September , 1987. By: 11,7421eir) 9°144t.a4n ‘-j s -at a SAMPLE T -HANGAR LEASE FOR 7 AIRCRAFT HANGAR "B" •LEASE This LEASE executed this• 4th day of:7; August MICROFILMto 19 87_, by and between the City of Fayetteville Arkansas, hereinafter. called "Lessor" and Carolyn Pugh hereinafter called "Lessee". WHEREAS, Lessor is the owner of an airport known as the Fayetteville Municipal Airport (Drake Field),herein referred to as "theAirport"; 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, INEFEFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Lessor leases to Lessee,r and Lessee leases from Lessor, space number B-14 in aircraft hangar number -eflected,_on.-.Exhibit..wW_,..attached_hereto„and made apart 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 Lesso- 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 stared in the building and shall not engage in any major overhaul of the airplane within the1easedcpremises.-1.47ftr.w„ 2. Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for a period of year(s) commencing on the 1st day of and ending on the 31st day of -May June , 19 R7r , 19 Rs • 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 A.0/ 3 a 1 "A LI 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 t� the termina- tion date, Lessee shall give Lessor written notice if Lessee exercises this option to extend. 3. Luring the term of this lease, Lessee agrees to pay Lessor for the use of the demised premises the sum of $ 11660 per month. Said sum shall be payable in advance on or before the first day of each month. 4. Lessee shall prcivide 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 andyater. 5. Lessee agrees t� 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 further, such rules and regulations shall not be inconsiStent with the provisions of this ag.eement 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 t� 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. 111A.02 rirkr.r9 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 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 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. 111A.03 Alialled•• _ 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: cARoLyN PUGH AIR FARE 672 GRAY AVENUE FAYETTEVILLE AR 72701 TELEPHONE: 521-3742 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. CITY OF FAYEliEVILLE, ARKANSAS Lessor By ATTEST By: Title: Lessee By: a Title: C.0 0 17 uJ > ft% o .1=1. `MI • MICROFILMED LEASE This LEASE executed this 4th day of August 19 87_, by and between the City of Fayetteville, Arkansas, hereinafter, called "Lessor" and CLAYTON BARNHART 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 Tihangar; 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 f -am Lessor, space number 8-10 in aircraft hangar number reflettedttonExhibitk,-"Aib-attached-heretoand_ 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 stared in the building and shall not engage in any major overhaul of the airplane within'theleased premises. - 2. Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for a period of year(s) commencing on the 1st day of June r 19 87, and ending on the 31st day of May r 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 AM. Mc.0 07% -2- 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 $ 116706 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 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 firerythe - - elements, or other casualty, said T -hangar shall be repaired with ,t--duediligence by Lessor at its own cost and expense. If the damage is so extensive as to rende" 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 hereunde" 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. -3- 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 • ---bels-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, br 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. 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 withoLt 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. 1 -4- 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 ' 4 ----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: Clayton Barnhart 31 South Palmer Fayetteville ar 72701 Telephone: 521-4997 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 represehtatives, 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 FAYhilEVILLE, ARKANSAS Lessor ATTEST -B By atity) 90/44:4,014-1 Mayor Clerk ATTEST By: 4(e Title: Acee-4,4e.nr Lessee By: Title: r 137 ••••=. -4 • >rr 0 -n 7 • • -Al • '..er# t,. a' L E AS :- , ()- This LEASE executed this 1(.) day' Jae* FILMED 19a; by and between the City of Fayetteville Arkansas, htl e_ inafter, called "Lessor" and Shane McAlister, 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. 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 B-9 in aircraft hangar number - reflected-m-on.-Exhibit_TA"„attached hereto ,and.made a part hereof. Said T -hangar is presently located, or shall be installed by Lessor, on the aimport 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 stared in the building and shall not engage in any major overhaul of the airplanewithin7the lea'sedpteMisei:"7-- 2. Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be or a period of 1 year(s) commencing on the 1st day of August f 19 87 , and ending on the 31st day of July , 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 terns' 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 $per 110.00 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 t� 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 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 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 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 tor 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. 87— If Leseee 'fairtflake any paylLrant 'duo 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 the_eupon vest in Lessor. • 10. LesSor may enter the demised premises at any reasonable time for any reasonable purpose necessary or incidental to the performance of its obligationsThereunder. 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 subiettirg 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: Shane McAlister P. 0. Box 1286 Fayetteville, AR 72702 Telephone: 442-1490/443-3704 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. CITY OF FAYE:PiEVILLE, ARKANSAS Lessor - By: toral4%) 9:1144. r ATTEST By: Title: Lessee By: 5:nr\ CU,Ch3. Title: ••• o LEASE MICROFILMED This LEASE executed this 4th day of August 19 87 , by and between the City of Fayetteville, Arkansas, hereinafter. called "Lessor" and Bill Darden 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"; F and WHEREAS, Lessor is installing at the Airport portable hangars for the purpose of storing aircraft; and MENEAS, 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: -Lessor leases to Lessee, and Lessee leases from Lessor, space number B-8 in aircraft hangar number -11t reflected4on7Exhibit- "A"li:attached-hereto ,and made, a.. part hereof. "sr , 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 stOri-ed shal14.not_engage in any major overhaul of the 0%. 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 year(s) commencing on the 1st day of August , 19 87, and ending on the 31st day of July , 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 AIL -2- extended for up to 5 additional one year terms in accordance with the following procedu-e• 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 thisippiari;t0: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 req,12:ations promulated ....— the-, demised premises; and and by Lessor with respect to ,a 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 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. — -3 - In the event the T -hangar leased hereunder is destroyed .or is damaged so extensively that it cannot be repaired within sixty (60) daysr this -agreement may be. terminated at the option of either Lessor or Lessee. 3: '---Iri,theeevent 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 sate to the extent of its own interest. lais:;41 :"'"""••••••"-'4-- 8.rIf*LeS--See fails tb"felike---Sny-payment: due -hereunder:within-. 00000ten (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 Tbe deemed---td-"be'personalty-andshall--remairct-the-property-ofLessee.---„, -Jr*, Lessee shall-have•the right at any tithe 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. I.n Mm - b -4- 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 or4assrgnl-its rights under this agreement without the written consent --4b" ob 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: Bill Darden 33 Greenbriar Drive z.4—,...."'SFayetteVi11e, AR 72701 Telephone: 443-2080/575-2607 r_1311(This agreement shall be construed under the laws of the State of LArkanaas: - 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. CITY OF FAYEI1EVILLE, ARKANSAS Lessor BY /7...4)illqu) Mayor ATTEST ATTEST By: Title: Lessee By: Title: are eie,,fa„ ^•••,„,‘" •••• •^C— . —'•!••e- • CP 0.1 -11•1111. c-33 a • • =rmdr- 9 • MICROhiLe:0 LEASE This LEASE executed this day of ! , 19 , by and between the City of Fayetteville, Arkansas, hereinafter, called "Lessor" and Ernest Lancaster hereinafter called "Lessee". irtIERE S, 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 Wt1EREAS, Lessor is willing to lease a T -hangar to Lessee, NLk7, THEREMME, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Lessor leases to Lessee, and Lessee leases fran Lessor, space number n -n in aircraft hangar number B 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) camnencing on the 1st day of October , 1987 and ending on the 30th day of September , 19 88 . Lessor or Lessee may terminate this lease at any time by giving the other party 30 days written A-, 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 $ 110.00 per month. Said sun 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.regulati.ons,prcenulated by;Lesson 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 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 b7toflC 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 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 I as the T -hangar shall be fully restored. -3- 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 orits 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 awn 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` beypersonalty"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 becane the property of Lessor and title thereto shall thereupon vest in Lessor. - • -4- 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 tine 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: Ernest Lancaster 300 West 15th Street Fayetteville, AR ,72701 Telephone: 442-2714 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. CITY OF FAYETTEVILLE, ARKANSAS Lessor , ,, p� Ma or ATTEST �.- i Clerk Lessee Title: ATTEST By: Title: tyl - 1' Q Q 0 I Ct OD a , Q :F:..l?.v:'T,vY^�.+'-�{.'-M , -: -. _ ///fff ✓��iWf1v :...: -. i T T _ 1 • V I { SAMPLE T -HANGAR .LEASE FOR. 18.01 ] AIRCRAFT HANGAR "A" MICROFILMED L E A S -E This LEASE executed this 4th day of ::;August 19 87 , by and between the City of Fayetteville,`.A_rkansas, hereinafter, called "Lessor" and Bill Underwood 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. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows; 1. Lessor leases to Lessee, 'and Lessee leases fran Lessor, space number A -l0 in aircraft hangar number "A^ reflectedl.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 June. , 19 87 and ending on the .31st day of May , 19s . 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 � 4 11B`02 -2- 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 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 y and regulations pranulated 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 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 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. w 11B.03 _3- 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 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 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. 3.. .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: Bill Underwood Underwood Jewelry 611 West Dickson Street Fayetteville, AR 72701 Telephone: -20 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. CITY OF FAYETTEVILLE, ARKANSAS Lessor \ By:�al�{(,Q��� ( Y1(nMn rs•J Mayor (O/ '[/7J' ATTEST By. tcIerk41 k wa Ti ATTEST By: Title: a - 1 S tEr �. I K � n v+ A � < > Rt �SO g9TT Y MICROFILMED L E A S E' This LEASE executed this 4th day of August 19 87 , by and between the City of .Fayetteville,'A_rkansas, hereinafter, called."Lessor" and Joseph C. Hall and Frank Doughty 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"; 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 `J- A-5 in aircraft hangar number Y`'` efle ed on�Exhibite"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 year(s) commencing on the 1st day of , 19 87 and ending on the 3'- - day of k- , 1988 . 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 S 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. Luring the term of this lease, Lessee agrees to pay Lessor for the use of the demised premises the sun 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, including, but not limited to heat, light, gas, electricity and water. 5. Lessee agrees to observe and obey all ordinances, rules .and,regulationspromulated,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 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 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. is 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 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 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. 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 try certified mail, postage prepaid, addressed as follows: Notice to Lessor: Airport Manager 113 West Mountain Street Fayetteville, Arkansas 72701 Notice to Lessee: Joseph C: Hall Frank Doughty 2ctRoute 2, Box 354 - 888 Skyline Drive Mountainburg, AR 72930 Fayetteville, AR 72701 Telephone: 369-4379 Telephone: 521-6267 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. CITY OF FAYETIEVILLE, ARKANSAS Lessor /Ir//�� 9 J BY:77)f ft) vna ►✓ Mayor 00 ATTEST —By: ATTEST BY:BZr c A t s -k P,�.Ai Title: rt P. 'K MICROFILMED L E A S E This LEASE executed this day of 19 , by and between the City of Fayetteville, Arkansas, hereinafter, called "Lessor" and Dr. Floyd Harris 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. tnd, THEI , in consideration of the mutual covenants contained herein the parties agree as follows: 1. Lessor leases to Lessee, and Lessee leases fran Lessor, space number A-4 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 (10Y 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) commenci 1st September 87 ng on the day of 19 , and ending on the 31st day of August I 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 I -2- 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. flaring the term of this lease, Lessee agrees Lessor for the use of the demised premises the sum of $ 35.'ob 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&regulat.icns<prcmulated 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 further, such rules and regulations shall not be inconsistent with the provisions of this agreement or the procedures prescribed or approved from time to tine by the Federal Aviation Administration with respect to the operation of Lessee's aircraft at the Airport. 6. If the demised premises elements, or other casualty, said due diligence 'b�Lessor at its ow is so extensive as to render the are partially 'damaged by fire, the T -hangar shall be repaired with n cost and expense. If the damage 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. .3- . In the event the T -hangar leased hereunderis 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 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 deemed -to --be personalty --and. shall-cremain—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. y -4- 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 agreementwithout 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: Dr: Floyd Harris - - - - 2001 Green Acres Road • Fayetteville, AR 72701 . Telephone: 521-6363 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, successorsand 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 BY ��YGLr2 a Ov�J Ma or . ... Ali MICROF(LMEDa LEASE AGREEMENT This LEASE AGREEMENT made this day of�, 19 , between the City of Fayeteville, Arkansas, hereinafter called "Lessor", and Continental Ozark, Inc., 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 has constructed an aircraft hangar at the Airport; and WHEREAS, Lessee desires to lease space within said aircraft hangar. NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, hereby agree as follows: 1.. Lessor leases to Lessee, and Lessee leases from Lessor, the north one-half of• the executive aircraft hangar at Lessor's Airport as reflected on Exhibit "A" attached hereto and made a part hereof. 2. Lessee is granted the use, in common with other similar- ly authorized, of the Airport, together with all facilities, equipment, improvements, and services which have been or may hereafter be •.provided at or in connection with the Airport from time to time including, but not limited to, the landing field and any extensions thereof or additions thereto, roadways, runways, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and take -offs. 3. Lessee shall have at all times the full and free right in ingress to and egress from the demised premises and facilities referred to herein for Lessee, its employees, customers, passen- gers, guests, and other invitees. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Lessee. 4. Subject to earlier termination as hereinarfter provided, the intial term of this agreement shall be for one ( 1) year(s) commencing on the 1st day of September 19 87 and ending on the 31st day of August , 1988 Lessor hereby Cf -2 grants Lessee three options to renew this lease, subject to the following terms and conditions: (a) the term of each option period shall be equal and the total length of the three options shall equal the amortization period of the bonds to be issued by Lessor • to.finance construction of the aforesaid hangar; (b) the monthly rent during each option period shall be .determined in accordance with the following formula: Monthly Rent = 1/2 X Total Debt Service on Bonds for Option Period Number of Months in Option Period (c) Lessee must exercise any option by giving Lessor written notice at least ninety (90) days prior to expiration of the existing term; (d) Lessee shall be responsible for proper maintenance of the demised premises; (e) Lessee shall reimburse Lessor for one-half of the premium paid by Lessor for fire and extended insurance coverage on the entire executive hangar. 5. Lessee agrees to pay Lessor for the use of the demised premises, facilities, rights, and privileges granted hereunder the sum of $ 620.00 per month. Said sum shall be payable in advance on or before the 1st day of each month. 6. Lessor shall maintain and keep in good repair so much of the Airport premises as is not under the exclusive control of individual lessees. 7. Lessee shall provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for all utilities serving the demised premises, including, but not limited to heat, light, gas, electricity, and water. 8. Lessee agrees to observe and obey Lessor's ordinances and regulations with respect to use of the demised premises and Airport; provided, however, such rules and regulations shall be consistent with safety and with rules, regulations and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport. 9. Lessee agrees that it shall use the premises only for the storage of airplanes and materials and equipment necessarily related to the operation of said airplanes and that no other vehicles, equipment or supplies shall be stored on the premises unless expressly agreed to by Lessor; provided, when Lessee's -3 - airplane is on a flight, automobiles utilized by the pilot and passengers may be stored on the premises. Lesseefurther agrees not to store any flammable material on the premises or in any way endanger or violate the provisions of Lessor's property damage insurance policy or the requirement of same. Such violations shall constitute a material breach of: this agreement.. 10. 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. 11. If the demised premises are partially damaged by fire or other, casualty, said premises shall be repaired with due diligence by Lessor at Lessor's expense. If the, damage is, so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up. to the time of such damage and shall thenceforth cease until such time as the premises shall be fully restored. If the demised premises are completely destroyed, Lessor may reconstruct the hangar at Lessor's own cost and the rent payable hereunder shall be adjusted as set forth above, or Lessor may, at its option, cancel this agreement, such cancella- tion to be effective as of the date the hangar was destroyed; and the rent adjusted as set forth above. .12. Lessee shall procure and maintain in force during the term of this agreement fire and extended coverage insurance on Lessee's aircraft in• an amount equivalent to the replacement cost thereof. Lessor shall procure and ,maintain in force during the term of this agreement fire and extended coverage on the aircraft hangar in an amount equivalent to the replacement cost thereof. Lessee shall also be required to insure any contents within the aircraft hangar. 13. Lessee agrees to indemnify Lessor against any liability for injuries to persons or damage to property caused by Lessee's negligent use or occupancy of the leased premises; provided, however, that Lessee shall not be liable for any injury, damage or loss occasioned by the negligence of Lessor, or its agents or -4- • employees; and provided further, that 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. 14.. If Lessee fails to make any payment due hereunder within thirty (30) days of the date on which such payment is due, Lessor may, at its option, terminate this agreement and take possession of so much of Lessee's personal property as is reasonably neces- • sary to secure payment of the amount due and unpaid. Lessor shall also have the right to terminate this- agreement in the event — Lessee breaches any other term of this agreement. Lessee shall be entitled to seven (7) days written notice of termination. 15. On the expiration or other termination of this lease, Lessee's right to use the demised premises shall cease, and Lessee shall vacate the premises without unreasonable delay. All property installed, erected, or placed by Lessee in, on, or about the premises leased hereunder 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, or any renewal or extension hereof, and for an additional period of seven (7) days after the expiration or other termination of this agreement, to remove any or all of such property, 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 aforesaid seven (7) day period shall thereupon become a part of the land on which it is located and title thereto shall thereupon vest in Lessor. 16. Lessor may enter the premises. leased to Lessee at any reasonable time. for any purpose necessary or incidental to.the performance of its obligations .or Lessee's obligations hereunder. 17. Lessee shall maintain the demised premises in a clean and -orderly fashion at all times. 18. Lessee shall not store any flammable materials on the.. demised premises or in any way violate the provisions -of Lessor's a. -5- said policy. 19. Lessee shall not start or operate aircraft engines within the aircraft hangar leased hereby and shall not allow such operations by any other person. 20. Lessee shall not at any time assign this lease or sublet the demised premises without the prior written consent of Lessor. 21. Any notice or consent required by this Agreement shall be sufficient if sent by certified mail, return receipt requested, postage paid, to the following address: LESSOR: Airport Manager's Office City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 LESSEE: Continental Ozark, Inc. c/o Mr. E. G. Bradberry Post Office Box 1503 Fayetteville, Arkansas 72701 Telephone: 521-5565 22. This agreement shall be construed under the laws of the State of Arkansas. 23, All the convenants, conditions, and provisions under this agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereof. CITY OF FAYETTEVILLE, ARKANSAS LESSOR By: ) Mayor ATTEST By: Clerk CONTINENTAL ZARK, INC. LESSEE Title ATTEST / By • Title: oCJ I e.1 V I:A This LEASE AGREEMENT made this day of 194, between the City of Fayetteville, Arkansas, hereinafter • called "Lessor", and Northwest Air 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 has constructed an aircraft hangar at the Airport; and • WHEREAS, Lessee desires to lease said aircraft hangar. NOW, THEREFORE, the parties in consideration of the mutual covenants contained herein, hereby agree as follows: 1. Lessor leases to Lessee, and Lessee leases from Lessor, space number A - 2 in aircraft hangar number A , as reflected on Exhibit "A" attached hereto and made a part hereof. 2. Lessee is granted the use, in common with other similar- ly authorized, of the Airport, together with all facilities, equipment, improvements, and services which have been or may hereafter be provided at or in connection with the Airport from time to time including, but not limited to, the landing field and any extensions thereof or additions thereto, roadways, runways, • aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and .take -offs. 3. Lessee shall have at all times the full and free right in ingress to and egress from the demised premises and facilities referred to herein for Lessee, its employees, customers, passen- gers, guests, and other invitees. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Lessee. 4. Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for one ( 1 ) year(s) commencing on the ist day of September , 19 87 and ending on the 31st day of August 19 88 , 5. Lessee agrees to pay Lessor for the use of the demised. premises, facilities, rights, and privileges granted hereunder the sum of $ 620.00 per month. Said sum shall be payable in advance on or before the first day of each month. 6. Lessor shall maintain and keep in good repair so much of the Airport premises as is not under the exclusive control of individual lessees. 7. Lessee shall. provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for allutilities serving the demised premises, including,. but not limited to heat, light, gas, electricity, and water. 8. Lessee agrees to observe and obey Lessor's ordinances and regulations with respect to use of the demised premises and Airport; provided, however, such rules and regulations shall be consistent with safety and with rules, regulations and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport. 9. Lessor authorizes Lessee to use the premises only for the storage of airplanes and materials and equipment necessarily related to the operation of said airplanes and that no other vehicles, equipment or supplies shall be stored on the premises unless expressly agreed to by Lessor; provided, when Lessee's airplane is on a flight, automobiles utilized by the pilot and passengers may be stored on the premises. Lessee further agrees not to •store any flammable material on the premises orin any way endanger or violate the provisions of Lessor's property damage insurance policy or the requirement of same. Such violations .shall constitute a material breach of this• agreement. 10. Lessee further agrees that it shall only be permitted to engage in minor maintenance on the airplane stored in the building -3- and shall not engage in any major overhaul of the airplane within the leased premises. 11. If the demised premises are partially damaged by fire or. other casualty, said premises shall be repaired with due diligence by Lessor at Lessor's expense. If the damage is so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease until such time as the premises shall be fully restored. If the demised premises are completely destroyed, Lessor may reconstruct the hangar at Lessor's own cost and the rent payable hereunder shall. be adjusted as set forth above, or Lessor may, at its option, cancel this agreement, such cancella— — tion. to be effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. il. Lessee shall procure and maintain in force during the term of this agreement fire .and extended coverage insurance on Lessee's aircraft in the amount equivalent to the replacement cost thereof. Lessor shall procure and maintain in force during the term of this agreement fire and extended coverage on the aircraft hangar in an amount equivalent to the replacement cost thereof. Lessee shall also be required to insure any contents within the aircraft hangar. 12. Lessee agrees to indemnify Lessor against any liability for injuries to persons or damage to property caused by Lessee's • negligent use or occupancy of the. leased premises; provided, however, that 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, that 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. f -4- 13. Either party may terminate this agreement by giving the other party thirty (30.) days advance written notice of termina- tion. 14. If Lessee fails to make any payment due hereunder within thirty (30) days of the date on which such payment is due, Lessor may, -at its option, terminate this agreement and take possession of so much of Lessee's personal property as is reasonably neces- sary to secure payment, of the amount due and unpaid. Lessor shall also have the right to terminate this agreement in the event Lessee breaches any other term of this agreement. Lessee shall be entitled to seven (7) days written notice of termination. 15. On the expiration or other termination of this lease, Lessee's right to use the demised premises shall cease, and Lessee shall vacate the premises without unreasonable delay. All property installed, erected, or placed by Lessee in, on, or about. the premises leased hereunder 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, or any renewal or extension hereof, and for an additional period of seven (7) days after the expiration or other termination of this agreement, to remove any or all of such property, 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 aforesaid seven (7) days period shall thereupon become a part of the land on which it is located and the title thereto shall thereupon vest in Lessor. 16. Lessor may enter the premises leased to Lessee at any. reasonable time for any purpose necessary or incidental to the .performance of its obligations of Lessee's obligations hereunder. 17. Lessee shall maintain the demised premises in a.clean and orderly fashion at all times. 18. Lessee shall not store. any flammable materials on the demised premises or in any way violate the provisions of Lessor's —5— insurance policy on the aircraft hangar or the requirements of said policy. 19. Lessee shall not start or operate aircraft engines within the aircraft hangar leased hereby and shall not allow such operation by any other_ person... 20. Any notice or consent required by this agreement shall be sufficient if sent by certified mail, return receipt requested, postage prepaid, to the following address: Lessor: City of Fayetteville c/o Airport Manager 113 W Mountain Fayetteville, Arkansas 72701 Telephone: 442-0791 Lessee: Northwest Air P.O. Box 756 Fayetteville, Arkansas 72702 21. This agreement shall be construed under the.laws of the State of Arkansas. 22. All the covenants, conditions, and provisions under this agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. CITY OF FAYETTEVILLE, ARKANSAS LESSOR OO ATTEST C y Clerk NORTHWEST AIR LESSEE By: Title: ATTEST By: Title: - f" MICROFILMED OF LEASE This AGREEMENT made this day of - 1987, between the City of Fayetteville, Arkansas, hereinafter called "Lessor" and Aerd-Tech Services hereinafter called "Lessee". WHEREAS, the City of Fayetteville, Arkansas, entered into a lease dated October 8, 1986, which is incorporated herein by reference thereto; and craJb:I g r • • i s •• u - :'. . r, • • • 1• Paragraph 3 of said lease is modified to provide that the, consideration payable to the City which is due on or before the first day of each month shall hereafter become due on or before the 20th day of each month. 2. All provisions of the lease are incorporated herein and are hereby modified to conform herewith but in all other respects are to be and shall continue in full force. IN WI'W E i*IEREOF, the parties have executed this Modification of Lease on the day and year first above written. CITY OF F�AYETTTEEVILLE, ARKANSAS By: Mayor ATTEST By. i Clerk AEIO-TECH SERVICES CBy: e:' ATTEST By: Title: