HomeMy WebLinkAbout71-89 RESOLUTION71-89
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT WITH THE
RANDOLPH BOYD FOR AIRCRAFT HANGER SPACE AT THE
FAYETTEVILLE AIRPORT TERMINAL BUILDING.
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BE IT RESOLVED BY THE BOARD OFDIRECTORS OF THE }.CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Board of Directors hereby authorizes
the Mayor and City Clerk to execute a' one (1) year lease agreement
with Randolph Boyd for space No. B-5 in Aircraft Hanger B at the
Fayetteville Airport Terminal Building.
Section 2. The term of said lease shall be from August 1,
1989 through July 31, 1990, at the rate of $115.00 per month.
A copy of the lease agreement authorized for execution hereby is
attached marked "Exhibit A" and made a part hereof.
PASSED AND APPROVED this 15th day of
APPROVED ,
By: ((„,/ r
Mayor
ATTEST
By:
August , 1989.
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LEASE
This LEASE executed this 15h day of August
19 89 , by and between the City of Fayetteville, Arkansas, hereinafter,
Randolph Boyd
called "Lessor" and
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-5 in aircraft hangar number
reflected on Exhibit "A" attached hereto and made a part hereof.
Said T -hangar ispresently 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 August , 1989 ,
and ending on the 31st day ofJuly , 19 90 Lessor
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or Lessee may terminate this lease at any tine by giving the other
party 30 days written notice of termination. This agreement may be
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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 teen of this lease, Lessee agrees to pay Lessor
for the use of the demised premises the sum of $ 415 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
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.
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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
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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 frcxn 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.
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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:
Randolph Boyd
3371 Harvard
Fayetteville, AR 72703 PH: 444-9297 (home) or 575-6131 (work)
13. This agreement shall be construed under the laws of the
State of Arkansas.
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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 FAYErIEVILLE, ARKANSAS
Lessor
By
Mayor
Lessee
By:
Title:
ATTEST
By:
Title:
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