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HomeMy WebLinkAbout100-89 RESOLUTIONer RESOLUTION NO. 100-89 A RESOLUTION AUTHORIZING A LEASE AGREEMENT BETWEEN AERO -TECH SERVICES, INC. AND THE CITY OF FAYETTEVILLE, ARKANSAS. ' BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: • ' •F-+ i F ,. . 3 4 4 , Section 1[ That the Mayor and "City Clerk 4 -are hereby authorized and directed to execute a Lease Agreement between Aero - Tech Services, Inc. and the City- of Fayetteville, Arkansas for airport hangar rental of $2,300.00•per month for a•five (5) year period with the stipulation that said lease shall be mutually co - terminating with+`the Fixed. Base Operator's and -Fuel Farm•Lease between the parties.= A copy of the lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of October , 1989. „ATTEST: APPROVED: BY: Ct� /!/. / Mayor LEASE AGREEMENT This AGREEMENT made this 1.7 day of lu e g€ 1989, between the City of Fayetteville, Arkansas., hereinafter. called the "Lessor" and Aero -Tech Services; Inc., hereinafter called the "Lessee". WHEREAS, the 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 hanger. 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 aircraft hangar at 'Lessor's Airport reflected on Exhibit "A" attached hereto and made a part hereof. 2.Lessee is granted the use, in common with others similarly 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 andany 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. At all times, Lessee; its employees, customers, passengers,. guests, and other invitees shall have the full and free right of ingress to and egress from the demised premises and facilities referredto herein for Lessee. Such rights shall also extend to persons ororganizations supplying materials or furnishing services to Lessee. 4. Subject to earlier termination as hereinafter provided, the initial term of this:agreement shall be for five (5) years commencing on the 1st day of. November; 1989 and ending -on the 31st day.of October., 1994. • • • 171 5-. During the initial year of this lease, Lessee agrees to. pay'Lessor for the use of the demised premises, facilities, rights; and privileges granted hereunder the month payHi-n advance. In the event of late percent penalty, compounded monthly, shall. be sum of $2,3.00:00 per payment,- a ten (10) due and -payable. The consideration payable to Lessor for each succeeding year during the term of this lease shall be the -amount resulting by adjusting the basic consideration payable under Paragraph 5 above to reflect the percentage of change (either up- or down) occurring - in the consumer price index, U.S. Bureau of Labor Statistics, Department of Labor, through comparing the index on March 1 of the current year with the index on March 1 of the immediately preceding year. 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 janitorial 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 ordinances and regulations shall be consistent 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 premisesforaircraft engine, airframe and accessory sales .and maintenance. igo other vehicles, equipment or supplies shall be stored on the premises unless expressly agreed to by Lessor. Lessee further agrees not to store any flammable material on the premises and not to violate the provisions of Lessor's property damage insurance policy. Any such violations shall constitute a material breach. of this 10. Lessee shall be subject. to Lessor's Minimum Standards for Commercial Aeronautical Activities at Drake Field which are incorporated herein by reference ' thereto and made a part hereof as if set out word for word 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 thedemised premises are completely destroyed, Lessor may reconstruct the .hangar at Lessor's own cost and the rent payable hereunder shall be as set forth above, or Lessor may, at its option, cancel this agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. 12. 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. During the term of this agreement Lessee shall at all times. maintain general public liability insurance in .the amount of $2,000,000.00. Lesseeshall, file with Lessor's airport manager certificates of insurance evidencing the insurance coverage required hereby. 13. Lessee agrees to indemnify Lessor against any liability for injuries or death to persons or damage to property caused by, Lessee's negligent use or .occupancy of the demised 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 n might affect Lessee., and Lessee shall have..thetight to compromise and defend the. same to the extent of its own interest. This paragraph shall not be construed as a waiver by Lessor or Lessor's statutory tort immunity. 14. If Lessee fails t� 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 necessary 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. The parties.acknowledge the existence of a certain lease and fixed base operator's contract between them, dated January 22, 1985, with modifications, hereinafter referred to as the "FRO Contract". Lessee agrees that if the FB0 contract is terminated, for any reason, that this lease agreement shall terminate effective the date of that agreement. --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 premises leased hereunder shall be deemed to be personal property 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 theexpiration or other termination of this agreement, to remove any or all such property, subject, however to Lessee's obligation to repair all damage, if any, resulting fromsuch 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 the title thereto shall thereupon vest in the 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•.obligation 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 start or operate aircraft engines within the aircraft hangar leased hereby. and shall net allow such operation by any other person. 19. Lessee shall not at any time assign this lease or sublet the demised premises without the.prior written consent of Lessor. 20.. Any notice or consent required by this agreement shall be sufficient if sent by certified mail, return receipt required, postage prepaid, to the following address: Lessor: Lessee: City of Fayetteville c/o Airport Manager 113. W. Mountain Fayetteville, AR 72701 Aero -Tech Services, Inc.. P.O. Bok 1266 Fayetteville, AR 72701 Telephone: 443-4343 21. This agreement shall be construed under the laws of the State of Arkansas. 22 All the covenants, conditions,and provisions under this agreement shallektend to and bind the legal representatives,. successors, and assigns of the respective parties hereof. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. ATTEST: CITY OF FAYETTEVILLE;. A KANSAS By:[�(22/.. Mayor AERO -TECH SERVICES, INC. LEASE AGREEMENT This AGREEMENT made this /7'4 day of i 1989, between .the City of Fayetteville, Arkansas, hereinafter called the "Lessor" and 'Aero -Tech Services, Inc.., hereinafter called the "Lessee". WHEREAS, the 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 hanger. NOW, THEREFORE, the parties in consideration of the mutual covenants contained heiein, hereby agree as follows: 1. Lessor leases to Lessee, and Lessee leases from Lessor, the aircraft hangar at Lessor's Airport reflected on Exhibit "A" attached hereto and made a part hereof. 2. Lessee is granted the use, in common with others similarly 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. At all times, Lessee, its employees,customers, passengers, guests, and other invitees shall havethe full and free rightof ingress to and egress from the demised premises and facilities referred to herein for Lessee. 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 five (5) years commencing on the 1st day of November, 1989 and ending on the 31st day. of October, 199A. 5. During the initial year of this lease, Lessee agrees to pay Lessor for the use of the demised premises, facilities, rights, and privileges granted.hereunder the sum of $2,300.00 per month pay in advance. In the event of late payment, a ten (10) percent penalty, compounded monthly, shall. be due and payable. The consideration payable to lessor for each succeeding year during the term of this lease shall be the amount resulting by adjusting the basic consideration payable under Paragraph 5 above to reflect the percentage of change (either up or down) occurring in the consumer price index, U.S. Bureau of Labor. Statistics, Department of Labor, through comparing the index on March 1 of the current year with the index on March 1 of the immediately preceding year. 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 janitorial 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 ordinances and regulations shall be consistent 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 for aircraft 'engine, airframe and accessory sales and maintenance. No other vehicles, equipment or supplies shall be stored on the premises unless expressly agreed to by Lessor. Lessee further agrees not to store any flammable material on the premises and not to violate the provisions of Lessor's property damage insurance policy. Any such violations shall constitute a material breach of this agreement. 2 10.. Lessee shall be subject to Lessor's Minimum Standards for Commercial Aeronautical Activities at Drake Field which are incorporated herein by reference thereto and made a part hereof as if set out word for. word. 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 as set forth above, or Lessor may, at its option, cancel this agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. 12. 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. During the term of this agreement Lessee shall at all times maintain general public liability insurance in the amount of $2,000,000.00. Lessee shall file with Lessor's airport manager. certificates of insurance evidencing the insurance coverage required hereby. 13. Lessee agrees to indemnify Lessor against any liability for injuries or death to persons or damage to property caused by Lessee's negligent use or occupancy of the demised 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 3 • might affect Lessee, and Lessee shall have the right to compromise and defend the same to the extent of its own interest. This paragraph shall not be construed as a waiver by Lessor or Lessor's statutory tort immunity. 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 necessary 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. The parties acknowledge the existence of a certain lease and fixed base operator's contract between them, dated January 22, 1985, with modifications, hereinafter referred to as the "FRO Contract". Lessee agrees that if the FRO contract is terminated., for any reason, that this lease agreement shall terminate effective the date of that agreement. 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 premises leased hereunder shall be deemed to be personal property 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 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 the title thereto shall thereupon vest in the Lessor. 16. Lessor may enter the premises leased to Lessee at any reasonable time for any purpose necessary or incidental to the .4 • rf performance of its obligation 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 start oroperate aircraft engines within the aircraft hangar leased hereby and shall not allow such operation by any other person. 19. Lessee shall not -at any time assign this lease or sublet the demised premises without the prior written consent of Lessor. 20.. Any notice or consent required by this agreement shall be sufficient if sent by certified mail, return receipt required, postage prepaid, to the following address: Lessor: City of Fayetteville c/o Airport Manager 113 W. Mountain Fayetteville, AR 727-01. Lessee: Aero -Tech Services, Inc. P.O. Box 1266 Fayetteville, AR 72701 Telephone: 443-4343 • 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 hereof. IN WITNESS WHEREOF, the parties have the day and year first above written. executed this Lease on CITY OF FAYETTEVILLE,, ARKANSAS By: zaearny� Mayor