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HomeMy WebLinkAbout73-87 RESOLUTION• RESOLUTION NO. • 73-87 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AIRCRAFT HANGAR LEASES WITH RANDALL PARETTE, THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, AND NICK ENTERLINE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute aircraft hangar leases with Randall Parette, the Board of Trustees of the University of Arkansas, and Nick Enterline. Copies of the leases authorized for execution hereby are attached hereto marked Exhibits "A", "B" and "C" and made a part hereof. PASSED AND APPROVED this 6th day of October , 1987. APPROVED By: Q t 44) o1142Qa MICROFILMED LEASE edit: This LEASE executed this / day of 1987, by and between the City of Fayetteville, Arkansas, hereinafter, called "Lessor" and RANDALL V. PARETTE 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 SAS, Lessee is the owner of an airplane and desires to lease a T -hangar; and %HHETREAS, 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 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 Aitport 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 bn the 1st day of OCTOBER , 1987 , and ending on the 30th day of SEPTEMBER , 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 -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 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 tine 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) 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 paymentdue 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 frau such removal. Any and all property not removed by Lessee prior to the expiration of this lease shall thereupon became 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 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: Randall B. Parette 749 E Rebecca Fayetteville, AR 72701 Telephone: 442-7260 :(home),c521-1082 (work) 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 FAYEfIEVILLE, ARKANSAS Lessor By: ATTEST By: 4/ Title: 44_/01---dr44r Lessee �— By: 244 tt, v Title: MICROFILMED LEASE AGREEMENT This LEASE AGREEMENT made this (f day of 45/41 19. , between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and University of Arkansas , 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, A_2 .. space number - _ in aircraft hangar -number-'- ��`�..- r 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 he 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 (i ) year(s) commencing on the ending on the 30th 4* 1st day of day of September October 19 88 19 87 , and 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 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 t 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 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. 11. Lessee shall procure and maintain in force during the term of this agreement fire and extended Tco'verage 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 interests and provided. further, Lessee's liability under its foregoing obligation to i`n`demnify Lessor for injuries or damages caused by Lessee's negligent use or occupancy of the premises shall be determined by, and subject to the jurisdiction and procedures of, the Arkansas State Claims Commission::; 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 storeany 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 Lessee: University of Arkansas University Pilots c/o Donita Hubbard Broyles Athletic Complex Fayetteville, Arkansas 72701 575-2755 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. ATTEST By: Clerk ATTES Title: r' CITY OF FAYETTEVILLE, ARKANSAS LESSOR By: eta > ( l9^✓Ly atl�✓ Mayor 0 UNIVERS LESSEE ive Vicd President MICROFILMED LEASE This LEASE executed this 4th day of August 19 87, by and between the City of Fayetteville, Arkansas, hereinafter, called "Lessor" and Nick Enterline hereinafter called "Lessee". WHEREAS, Lessor is the owner of an airport known as the Fayetteville Municipal Ai_port (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 Ea -5 in aircraft hangar number "a" - reflectei.7orc 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:"n " 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 21st day of July , 1987 , and ending on the 20th 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 t w • extended for up to 5 additional one year terms in accordance with the following procedure: At least 60 days prior to the scheduled termination date, Lessor shall give Lessee written notice of the monthly rent payable in the extended term, at least 30 days prior to the termina- tion date,.Lessee„shall give Lessor written notice if Lessee exercises this option to extend. 3. During the term of this lease, Lessee agrees to pay Lessor for the use of the demised premises the sum of $ 110.00 per month. Said sum shall be payable in advance on or before the first day of each month. 4. Lessee shall provide for and supply at its expense all janitor service with respect to the demised premises. Lessor shall pay for all utilities serving the demised premises, including, but not limited to heat, light, gas, electricity and water. 5. Lessee agrees to observe and obey all ordinances, rules and regulations promulated by Lessor with respect to use of the Airport _ C - v -ZNTZ - 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. , Jf_the, damage_r 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. • mEm 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. -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 ag_eement 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: Nick Enterline Lot a Burger 1754 N. college Avenue Fayetteville, AR 72701 Telephone: 443-3038 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 bindthe legal representatives, successors and assigns of the respective pa -ties hereto. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written. CITY OF FAYE:IIEVILLE, ARKANSAS Lessor ATTEST U it By: CITY CLERK ATTEST By: Title: Lessee • N c z -° co 7 1 cm W CD O co 1; •