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Home My WebLink About99-89 RESOLUTIONRESOLUTION NO. 99-89 A RESOLUTION AUTHORIZING A MODIFICATION TO LEASE AND FIXED • BASE OPERATORS CONTRACT BETWEEN THE CITY OF.FAYETTEVILLE, ARKANSAS'AND AERO -TECH SERVICES, INC. • 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 execute a Modification to Lease and Fixed Base Operators Contract to fix rent of premises at $1,185.78 per month and fixing rent of the fuel farm at $500.00 per month. A copy of the modification to lease 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: "ATTEST: -By APPROVED: By : l./lU/4-0%�!/ Mayor DAVIS, COX & WRIGHT . ATTORNEYS AT LAW P. O. DRAWER 1088 P'AYETTEVIL E ARKANSAS 72702-1888 SIDNEY P. DAVIS JR WALTER H COX TILDEN P. WRIGHT IH CONSTANCE O. CLARK WM. JACKSON BUTT 11 KELLY CARITHERS TIM K HOWELL DON A. TAYLOR PAUL H. TAYLOR Mr. Jerry E. Rose City Attorney 113 West Mountain Fayetteville, Arkansas 72701 Dear Jerry: November 27, 1989 19 EAST MOUNTAIN STREET TELEPHONE 001/621-7600 TELECOPIER 50E521.7661 RE: Aero -Tech Services, Inc. Enclosed herewith please find two copies of the maintenance hangar lease, F80 lease modification, release of claims from maintenance hangar expenses, and release of claim for retroactive adjusted con- sideration, all of which have been signed by Aero-Tech's authorized ✓ epresentatives. I would appreciate your returning one copy of each o f these to me bearing the city's authorized signatures as soon as they are signed. Thank you for your assistance in this matter. cc: Mr: Mark Courdin President , Aero -Tech Services, Inc. Post Office Box 1266 Fayetteville, Arkansas 72702 Sincerely, DAVIS, COX 8 WRIGHT Enclosures W JB:vb Jackson Butt II MODIFICATION' TO LEASE AND -- FIXED BASED OPERATORS CONTRACT This modification executed on this day of 1989, between the City of Fayetteville, Arkansas, hereinafter called the "City" and Aero -Tech Services, Inc-., hereinafter called the "Fixed Base Operator" ("TEO"). WHEREAS, the City and the FBO have executed a Lease and Fixed Base Operator's Contract dated January 22, 1985 which is incorporated herein by reference thereto; and WHEREAS; the City and the FB0 have agreed to certain modifications to said contract. NOW, THEREFORE, the City and the FBO hereby mutually agree as follows: 1. Paragraph 4 in the Lease and Fixed Base Operator contract -is hereby modified to read: 4: CONSIDERATION. In consideration for the use of the demised premises and in consideration for the privilege of serving as a fixed base operator at the airport, the FBO agrees to pay the. City the following: a. For the premises designated in Paragraph 1(a) of this lease, the sum of $1,185.78 per month, payable in advance. In the event of late payment, a ten (10) percent penalty, compounded monthly, shall be due and payable immediately.-_ b. For the use of the Airport fuel farm, the sum of $500.00 per month plus a flowage fee of 5¢ per gallon on all aviation fuel and. gasoline fuel delivered to the fuel farm each month. Said flowage fee may beincreased by the City by written notice to the FBO stating the amount of the increase and effective date thereof. The FBO shall present the City with bills of lading for all fuel delivered to the fuel farm and remit the appropriate flowage fee by the tenth day of the succeeding month. In the event -.of late payment., a ten (10) percent penalty, compounded monthly, shall be due and payable immediately. 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 paragraphs (a) and (b) 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..- FRO shall maintain at' all timesan up-to-date record of the true and complete' accounts of all sales and business transacted by FBO. FBO's records. shall be open for inspection by the City or any authorized representative of the City at all reasonable hours. The FBO agrees that its records shall be kept in accordance with generally accepted accounting practices. 2. As modified hereby, the Lease and Fixed Base Operator's Contract between the City and..the FBO dated January 22; 1985 shall continue in full force and effect in accordance with the terms thereof. IN -WITNESS WHEREOF, this modification has been executed on the date first above written. FATTEST THE CITY OF FAYET.TEVVIIL�L�E ARKANSAS BY: 6 �4J 244,99 (/• �' ' /fr,/ i Mayor / AERO -TECH By: Title: 7S, INC Cer • MODIFICATION TO LEASE AND FIXED BASED OPERATORS CONTRACT This modificationexecuted on this / 7*- day of 1989, between the City of Fayetteville,, Arkansas„ hereinafter called the "City" and Aero -Tech Services, Inc., hereinafter called the "Fixed Base Operator" ("FBO"). WHEREAS, the City and the FBO have executed a Lease and Fixed • Base Operator's Contract dated January 22, 1985 which is incorporated herein by reference thereto; and WHEREAS, the City and the. FRO have agreed to certain modifications to said contract. NOW; THEREFORE, the City and the FBO hereby mutually agree as follows: 1. Paragraph 4 in the Lease and Fixed Base Operator contract is hereby modified to read: 4: CONSIDERATION. In consideration for the use of the demised premises and in consideration for the privilege of -serving as a fixed base operator at the airport, the FRO agrees to pay the City the following: a. For the premises designated in Paragraph 1(a) of this lease, the sum of $1,185.78 per month, payable in advance. In -the event of late payment, a ten -(10) percent penalty, compounded monthly, shall be due and payable immediately. b. For the use of the Airport fuel farm, the sum. of $500.00 per month plus a flowage fee of 5c per gallon on all aviation fuel and gasoline fuel delivered to'the fuel farm each month. Said flowage fee may be increased by the City by written notice to the FBO stating the amount of the increase and effective date thereof. The FB0 shall present the City with bills of lading for all fuel delivered to the fuel farm and remit the appropriate flowage fee by the.tenth day of the succeeding month. In the event of late payment, a ten (10) percentpenalty, compounded monthly; shall be due and payable immediately. 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 paragraphs .(a) and (b) 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. FBO .shallmaintain at all times an up-to-date record of the true and complete accounts of all sales and business transacted by FBO. FBO's records shall be open for inspection by the City or any authorized • representative of the City at all reasonable hours. The FBO agrees that its records shall be kept in accordance with generally accepted accounting practices. 2 As modified hereby, the,.m.Lease and Fixed Base Operator's Contract between the City and the FBO dated January 22, 1985 shall continue in full „force and effect in accordance with the terms thereof. IN WITNESS WHEREOF; thismodification has been executed on the date first above written. .,. 4 S'ATTEST 44, n -J Cl/ty Clerk THE CITY OF FAYETTEVILLE, ARKANSAS By: 6 izL i'rj/� �I/live.� ayor AERO -TECH SIES , INNCC/. By: ��/� f C „ Title: „