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Home My WebLink About78-89 RESOLUTION• RESOLUTION NO. '78-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A•ONE-YEAR:AGREEMENT WITH THE UNIVERSITY OF ;ARKANSAS FOR LEASE OF THE SOUTH ONE-HALF OF THE EXECUTIVE HANGAR AT THE FAYETTEVILLE MUNICIPAL AIRPORT. l ,►. ! $ BE IT RESOLVED BY THE. BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to enter into and execute a one-year agreement with the University of Arkansas for lease of the south one-half of the executive hangar at the Fayetteville Municipal Airport. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of September , 1989. __ et- ' j v^ri is, :et- LIM ATTEST n f.?7ori ..By 'e/ Oaetk APPROVED BY: dLl�.s17?Y// 1/GUCGd�L/ Mayor / s8s/3,5= P g /Oo NOV 2 1989 LEASE AGREEMENT This LEASE AGREEMENT made this s454 day of 19, between the City of Fayetteville, Arkansas, hereinafter called "Lessor", .and. University of Arkansas 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, , hereinafter 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 inviteesT'Such righty 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) -2- • commencing on the lst day of July 19 89 , and ending on the 30" day of June , 1990 5. Lessee agrees to pay Lessor for the use of the demised premises, facilities, rights, and privileges granted hereunder the sum of $ 653.48 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 ...regulationsshall.. 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 storeany flammable material on thepremises 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 • -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. 11. 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; however, that Lessee shall not be liable for any injury, loss . occasioned by .the negligence of Lessor �orits employees; and provided further, that Lessor shall give provided, damage or agents or 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. The any determination of liability of Lessee for any injuries accoridng to the procedures and under the jurisdiction Claims Commision: foregoing or damage not withstanding, shall be __CpJ of the Arkansas State -4- • 13. Either party may terminate this agreement by giving the other party thirty (30) days advance written notice of termina- tion. 14. ProggatitidalliMxtbailiAideoalWRIVittititatitYductielKetardiacrxxidrtiguin i _ _ land A4 NS tin& italaittienfavaitxxxicavociactialmuinrc faxix pcxxr xxtiEx iY tx enatrx}cec ni eilnaccoriumaxxgratassaatisopersonaixwmpextsxxxxxxxiaareassztettdcranugunitx entacrx [x i9ia&t Ctira€#A4 ounagA4 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; F Lessor -may n- 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 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: Lessee: City of Fayetteville c/o Airport Manager 113 W Mountain Fayetteville, Arkansas 72701 University of Arkansas Arkansas State Building Services 1515 Building, Suite 310 1515 West 7th Street Little Rock, Arkansas 72201 PH: 501-682-1833 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. n z ATTEST ATTEST By: Title: 'STATEOF ARKANSAS' CITY OF FAYETTEVIL E, ARKANSAS LESSOR �/ By: Ge�Z�(/,;l's•L Mayor UNIVERSI Y OF SA LESSEE By: Arkansas Sate Building Services By / g Da e seri /0/ SBS 'rector / Date T 2 4 1989 _/j