The URL can be used to link to this page

Home My WebLink About43-89 RESOLUTIONRESOLUTION NO. 43-89 LJ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH RON5: SHERWOOD FOR STORAGE SPACE IN A T -HANGAR AT THE FAYETTEVILLE MUNICIPAL AIRPORT. • BE IT RESOLVED BY THE soma OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the )Mayor and 'City Clerk are hereby authorized and directed to execute a lease with Rop7>Sherwood for storage space in a T -hangar at the Fayetteville Municipal Airport. A copy of the lease authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of May , 1989. APPROVED By: (Jai -740etni/ Mayor MICROFILMED LEASE This LEASE executed this 07(9 day of 19q, by and between the City of Fayetteville, A kansas, hereinafter, called "Lessor" and Ron Sherwood 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 installed or will install at the Airport hangars for the purpose of storing aircraft, which due to design, leaves available office/storage space on each end of the structures; WHEREAS, Lessee is in need of office/storage space and desires to lease a office/storage space; and WHEREAS, Lessee is willing to modify the space to suit tenant needs. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Lessor agrees to allow Lessee to modify said space in accordance with the following provisions: The modification shall be equal to or better than the existing construction type and the plans and specifications for said modification must be approved by the 'Lessor in writing prior to commencement of building renovation. 2. Lessor leases to Lessee, and Lessee leases from Lessor, space Office space#1 in aircraft hangar number IIB reflected on Exhibit "A" attached hereto and made a part hereof. Said T - hangar office/storage space is presently located, or shall be installed by Lessor, on the Airport premises. Lessee agrees ,that It is understood Lessee is not permitted to engage in maintenance activities of any nature in said space. 3. Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for a period of .2 year(s) commencing on the cr& day of :Lie_ , 19 eV and ending on the VI- day of 1 19 . Lessor or Lessee may terminate this lease at any time by giving the other party 30 days written notice of termination. Should Lessor terminate this agreement prior to amortization of Lessee's overhead door improvement, Lessor shall reimburse Lessee for said pro -rated expense. Expense shall not include any interest expense or.penalty charge for termination of the agreement. This agreement may be extended for up to 3 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 termination date, Lessee shall give Lessor written notice if Lessee exercises this option to extend. Should Lessee terminate the agreement for any reason, all overhead door improvements will remain in tact and become the property of the Lessor with no further compensation or consideration to Lessee. 4. During the term of this lease, Lessee agrees to pay Lessor for the use of the demised premises the sum o $50.00 f•per month. Said amount shall be given by Lessor as a credit against space improvement costs of $585 until said improvement is amortized, 11.7 months. After improvement amortization is complete, said sum shall be payable in advance on or before the first day of each month. 5. Lessee shall provide for and supply at its expense all janitorial 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. 6. Lessee agrees to observe and obey all ordinances, rules and regulations promulgated 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 at the Airport. 7. If the demised premises are partially damaged by fire, the elements, or other casualty, said T -hangar office/storage space 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 office/storage space 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 office/storage space shall be fully restored. In the event the T -hangar office/storage space 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. 8. 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 the 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. 9. 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. 10. 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. 3 All fixtures, improvements, equipment, and other property brought, installed, erected or placed by Lessee with the exception of the overhead door to be installed 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, Or Lessor may require removal and restoration by Lessee. 11. Lessor may enter the demised premises at any reasonable time for any reasonable purpose.necessary or incidental to the performance of its obligations hereunder. 12. 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. 13. 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: Ron Sherwood 967 Arlington Terrace Fayetteville, AR 72701 Ph: 521-4679 14. This agreement shall be construed under the laws of the State of Arkansas. 15. All Covenants, conditions and provisions 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. I ' r • ATTEST By: Attest BY: Title: 5 CITY OF FAYETTEV Lessor By: eal41/ Mayor Lessee By: Title: ILLE, ARKANSAS Vaiean2 '6 A • 0 • co • clD CD ca J LL LI 0 tu < A •