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HomeMy WebLinkAbout73-90 RESOLUTIONRESOLUTION NO. 73 90 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACT WITH THE FOUR MAJOR AIR CARRIERS. 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 an amendment to the existing contracts with the four major air carriers establishing rentals and landing fees at the Fayetteville Regional Airport for 1990 and 1991 in accord with Dennis Payton's, Chairman of Fayetteville Airline Affairs Committee, letter of April 26, 1990. A copy of the contracts authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1st day of May , 1990. ATTEST: BY : �',12P -yyw�� City C erk APPROVED: BY: deaa.nry&44^' Mayor NORTH EST April 26, 1990 Mr. Fred S. Vorsanger Vice Mayor City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: Fayetteville Municipal Airport Rates and Charges Dear Mr. Vorsanger: VIA FAX The Airline Affairs Committee has directed me to accept the City's most recent proposal for rates and charges at the Fayetteville Regional Airport. The following is a recap of the agreed upon modifications to the Lease Agreement: 1. Term: Two (2) year term January 1, 1990 to December 31, 1991 (1950 rates and charges retroactive to January 1, 1990). 2. Exclusive Space: Seven and one half percent (7.5X) increase in 1990 and eight and one half percent (8.5X) increase in 1991. The exclusive rate would be: 1990 - $14.62 per square foot 1991 - $15.86 per square foot 3. Common Space:: Seven and one half percent (7.5X) increase in 1990 and eight and one half percent (8.5X) increase in 1991. The common rate would be: 1990 - 67.25 per square foot 1991 - S7.86 per square foot 4. The total Exclusive and Common Use Space square footage outlined in our existing Lease Agreement will continue to be used. 5. Change the common Use calculation to a standard 20/80 formula: Common Use space shall include all ticket counter passenger queue space, passsenger holdrooms, and baggage claim area. The charges will be divided among the Airlines using the facilities as follows: a) Twenty percent (20X) of the total charge vill be divided equally among the Airlines using the space. b) The remaining eighty percent (80X) of the charges will be divided among the Airlines using the space based on the percentage of total enpianements of all Airlines to each Airline's total enplanemente. EXPRESS AIR' INES I. INC. • 1777 PHOENIX DARKWAY • SLI'E 303 • AT:AVA, GA 30349 • (404) 991-3300 •• W. Mr. Fred Vorsanger Apr;l 26, 1990 Page 2 6. Landing Fees:: Landing Fee rates are as follows: 1990 - $ .450 per thousand pounds 1991 - $ .450 per thousand pounds 7. Negotiations for 1992 rates and charges to begin no later than September 1, 1991. The Airlines feel that this proposal is fair and reasonable and does address the existing Lease Agreements requirements. We certainly appreciate your efforts in working with us to resolve negotiations. We look forward to hearing from you in the very near future. Sincerely, Dennis L. Payton Chairman, FYV Airline Affairs Committee DP/ml 265 cc: Airline Affairs Committee Fred Oxley - Air Midwest Airlines David Sellers - Atlantic Southeast Airlines Jess Hall - Metro/American Eagle Airlines • MODIFICATION OF LEASE AGREEMENT This AGREEMENT made this 17th day of April 1990, by and between the City of Fayetteville, Arkansas, herein- after called "Lessor", with Air Midwest, Inc., hereinafter called "Lessee". WHEREAS, Lessor and Air Midwest, Inc., entered into a lease agreement dated May 6, 1979, which lease has been modified by subsequent agreements and is incorporated herein by reference thereto; and WHEREAS, the parties desire to further modify the aforesaid lease agreement. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Paragraph 5 of said lease is modified by amending subparagraph A to read: A. For the exclusive use of 1,449 square feet of office space in the terminal building such space being more particularly identified as a ticket counter, operations center, storage and office space, and freight handling and storage room, the sum of $14.62 per square foot for 1990 retroactive to January 1, 1990 and $15.86 per square foot for the calendar year 1991. 2. Paragraph 5 of said lease is modified by amending subparagraph B to read: B . For the non-exclusive space in the terminal consisting of gate areas, passenger ticket counter waiting area and baggage claim, the following formula shall be utilized: 3,410 square feet shall be charged at a rate of $7.26 per square foot for 1990 and $7.88 per square foot for 1991. 20% of $24,756.60 will be divided equally between Airline tenants and charged monthly; the remaining 80% will be d ivided between Airline tenants based on percentages of enplaned passengers and charged monthly. The 1990 rate making base rates shall be retroactive to January 1, 1990. The same formula will be used for the rate making base for 1991 in the amount of $26,870.80. 3. Exhibit "B" Landing Fees is modified by amending charges for landing fees to read: C. 45 cents per 1,000 (MCLW) per month retroactive to J anuary 1, 1990. D . The minimum fee for any scheduled landing snall be $5.63 retroactive to January 1, 1990. 4. All provisions of the lease are incorporated herein and are hereby modified to conform herewith but in all other respects are to be and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. ATTEST tL 4,% By: 4-e Y. '. �" F?e-nia/y City Cerk ATTEST By: Title: CITY OF FA TTEVILLE ARKANSAS Mayor LESSE�'� By: y y r} Title: :`" ic]E'N it • EXHIBIT "B" For Airport Agreement between Air Midwest, Inc., (Lessee) and the City of Fayetteville, Arkansas, (Lessor) retroactive to January 1, 1990. LANDING FEES Lessee shall pay Lessor a monthly landing fee based on the aggregate Maximum Certified Landing Weight (MCLW) of all flights scheduled to land at the Airport during the month as shown be Lessee's timetable filed with the Federal Aviation Administration and in effect on the first day of such calendar month, computed as follows: 45 cents per 1,000 MCLW oer month The number of arrivals scheduled to land at the Airport during the month, multiplied by the applicable Maximum Certified Landing Weight for each aircraft, scheduled to be operating, as shown by Lessee's said timetable, shall determine t"e weight for which the monthly payment shall be made. The minimum fee for any aircraft, scheduled landing shall be $5.63. The term "Maximum Certified Landing Weight" (MCLW) for any aircraft, as used herein, shall be the maximum landing weight approved by the Federal Aviation Administration for landing such aircraft at the Airport. MODIFICATION OF LEASE AGREEMENT This AGREEMENT made this 1st day of January 1990, by and between the City of Fayetteville, Arkansas, herein- after called 'Lessor', with Metro Airlines, Inc., hereinafter called "Lessee'. WHEREAS, Lessor and Metro Airlines, Inc.. entered into a lease agreement Gated .anuary 5, 1982, which lease has been modified by subsequent agreements and is incorporated herein by reference thereto; and WHEREAS, the parties desire to further modify the aforesaid lease agreement. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Paragraph 5 of said lease is modified by amercing subparagraph A to read: A. For the exclusive use of 2,098 square feet of office space in the terminal building such space being more particularly identified as a ticket counter, operations center, storage and office space, and freight handling and storage room, the sum of $14.62 per square foot for 1990 retroactive to January 1, 1990 and $15.86 per souare foot for the calendar year 1991. 2. Paragraph 5 of said '.ease is modified by amending subparagraph 8 tc read: B . For the non-exclusive space in the terming' consisting of gate areas, passenger ticket counter waiting area and baggage claim, the following formu'a shall be utilized: 3,410 square feet shall be charged at a rate of $7.26 per souare foot for 1990 and $7.88 per square foot for '991. 20% of $24,756.60 will be divided equally between Airline tenants and charged monthly; the remaining 80% will be d ivioeo between Airline tenants based on percentages of enplaned passengers and charged monthly. The 1990 rate mak•ng Dase rates shall be retroactive to January 1. 1990. The same formula will be used for the rate making base for 1991 in the amount of $26,870.80. 3. Exhibit "0" Landing Fees is modified by amending charges for landing fees to read: C. 45 cents per 1,000 (MCLW) per month retroactive to January 1, 1990. D . The minimum fee for any scheduled landing shall be $5.63 retroactive to January 1, 1990. 4. All provisions of the lease are incorporated nereir and are hereby modified to conform herewith but in a.' other respects are to be and shall continue in full force arc effect. IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. ATTEST By: City C ATTEST By: Title: CITY OF F YETTEVILLE, ARKANSAS By: 1/49229)-2977K a/ Mayor • • • EXHIBIT "B" For Airport Agreement between Metro Airlines, Inc., (Lessee) and the C•ty of Fayetteville, Arkansas, (Lessor) retroactive to January 11 1990. LANDING FEES Lessee shall pay Lessor a monthly landing Fee Dased on the aggregate Maximum Certified Landing Weight (MCLW) cf all flights scheduled to land at the Airport during the month as shown be Lessee's timetable filed with the Federal Aviation Administration and in effect on the first day of such calendar month, computed as follows: 45 cents per 1,000 MCLW per month The number of arrivals scheduled to land at the Airport during the month, multiplied by the applicable Maximum Certified Landing Weight for each aircraft, scheduled to be operating, as shown by Lessee's said timetable, shall determine the weight for which the monthly payment shall be made. The minimum fee for any aircraft, scheduled landing shall be $5.63. The term "Maximum Certified Landing Weight" (MCLW) for any aircraft, as used herein, shall be the maximum landing we%ght approved by the Federal Aviation Administration for landing such aircraft at the Airport. • • MODIFICATION OF LEASE AGREEMENT This AGREEMENT made this -st day of May 1990, by and between the City of Fayetteville, Arkansas, herein- after called 'Lessor', with Atlantic Southeast Airlines, Inc., hereinafter called "Lessee". WHEREAS, Lessor and Atlantic Southeast Airlines, Inc., entered into a lease agreement dated May 1, 1985, which lease has been modified by subsequent agreements and is incorporated herein by reference thereto; and WHEREAS, the parties desire to further modify the aforesaid lease agreement. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Paragraph 5 of said lease is modified by amending subparagraph A to read• A. For the exclusive use of 790 square feet of office space in the terminal building such space being more particularly identified as a ticket counter, operations center, storage and office space, and freight handling and storage room, the sum of $14.62 per square foot for 1990 retroactive to January 1, 1990 and $15.86 per sauare foot for the calendar year 1991. 2. Paragraph 5 of said lease is modified by amending subparagraph B to read: B . For the non-exclusive space in the terminal consisting of gate areas, passenger ticket counter waiting area and baggage claim, the followirg formula shall be utilized: 3,410 square feet shall be charged at a rate of $7.26 per square foot for 1990 and $7.88 per square foot for 1991. 20% of $24,756.60 will be divided equally between Airline tenants and charged monthly; the remaining 80% will be d ivided between Airline tenants based cn percentages of enplaned passengers and charged monthly. The 1990 rate making base rates shall be retroactive to January 1, 1990. The same formula will be used for the rate making base for 1991 in the amount of $26,870.80. 3. Exhibit 'B" Landing Fees is modified by amending charges tor landing fees to read: C. 45 cents per 1,000 (MCLW) per month retroactive to January 1, 1990. D . The minimum fee for any scheduled landing shall be $5.63 retroactive to January 1, 1990. 4. All provisions of the lease are incorporated herein ano are hereby modified to conform herewith but in all other respects are to be and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. CITY OF FFAAYETTEVILLE,/ARKANSAS BY: 4.: 4 Mayor LESSEE B y . 9 .tet .a. Title: U eerie&ear Se+'yces ATTE1By. Title. , c Sn a 5747,40v /l'/.¢yv4Ge+2 2 EXHIBIT "B" For Airport Agreement between Atlantic Southeast Airlines, Inc., (Lessee) and the City of Fayetteville, Arkansas. (Lessor) retroactive to January 1, 1990. LANDING FEES Lessee shall pay Lessor a monthly landing fee based on the aggregate Maximum Certified Landing Weight (MCLW) of all flights scheduled to land at the Airport during the month as shown be Lessee's timetable filed with the Federal Aviation Administration and in effect on the first day of such calendar month, computed as follows: 45 cents oer 1,000 MCLW per month The number of arrivals scheduled to land at the Airport during the month, multiplied by the applicable Maximum Certified Landing Weight for each aircraft, scheduled to be operating, as shown by Lessee's said timetable, shall determine the weight for which the monthly payment shall be made. The minimum fee for any aircraft, scheduled landing shall be $5.63. The term "Maximum Certified Landing Weight" (MCLW) for any aircraft, as used herein, shall be the maximum landing weight approved by the Federal Aviation Administration for landing such aircraft at the Airport. • MODIFICATION OF LEASE AGREEMENT This AGREEMENT made this 2/ St day of 74 1990, by and between the City of Fayetteville, Arkansas, herein- after called "Lessor", with Express Airline I, Inc., hereinafter called "Lessee". WHEREAS, Lessor and Express Airlire I, Inc., entered into a lease agreement dated September 3, 1985, which lease has been modified by subsequent agreements and is incorporated herein by reference thereto; and WHEREAS, the parties desire to further modify the aforesaid lease agreement. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Paragraph 5 of said lease is modified Dy amending subparagraph A to read: A. For the exclusive use of 800 square feet of office space in the terminal building such space being more particularly identified as a ticket counter, operations center, storage and office space, and freight handling and storage room, the sum of $14.62 per square foot for 1990 retroactive to January 1, 1990 and $15.86 per square foot for the calendar year 1991. 2. Paragraph 5 of said lease is modified by amending subparagraph B to read: B. For the non-exclusive space in the terminal consisting of gate areas, passenger ticket counter waiting area and baggage claim, the following formula shall be utilized: 3,410 square feet shall be charged at a rate of $7.26 per square foot for 1990 and $7.88 per square foot for 1991. 20% of $24,756.60 will be divided equally between Airline tenants and charged monthly; the remaining 80% will be divided between Airline tenants based on percentages of enplaned passengers and charged monthly. Tne 1990 rate making base rates shall be retroactive to January 1, 1990. The same formula will be used for the rate making base for 1991 in the amount of $26,870.80. 3. Exhibit "B" Landing Fees is modified by amending charges for landing fees to read: C. 45 cents Der 1,000 (MCLW) per month retroactive to January,1, 1990. D. The minimum fee for any scheduled landing small be $5.63 retroactive to January 1, 1990. 4. All provisions of the lease are incorporated herein and are hereby modified to conform herewith but in all other respects are to be and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. CITY OFF YETTEVI E, ARKANSAS B y : li///rid /�!i1�C% Mayor ATTEST By: City C ATTEST By: Title: LESSE By: Title • • • EXHIBIT "B" For Airport Agreement between Express Airlines I, Inc., (Lessee) and the City of Fayetteville, Arkansas, (Lessor) retroactive to January 1, 1990. LANDING FEES Lessee shall pay Lessor a monthly landing fee based on the aggregate Maximum Certified Landing Weight (MCLW) of all flights scheduled to land at the Airport during the month as shown be Lessee's timetable filed with the Federal Aviation Aaministration and in effect on the first day of such calendar month, computed as follows: 45 cents per 1,000 MCLW per month The number of arrivals scheduled to land at the Airport during the month, multiplied by the applicable Maximum Certified Landing Weight for each aircraft, scheduled to be operating, as shown by Lessee's said timetable, shall determine the weight For which the monthly payment shall be made. The minimum fee for any aircraft, scheduled landing shall be $5.63. The term "Maximum Certified Landing Weight" (MCLW) for any aircraft, as used herein, shall be the maximum landing weight approved by the Federal Aviation Administration for landing such aircraft at the Airport. • NORTHWEST a� �N!s TM May 22, 1990 MAY 2 5 ISSO Mr. Dale Fredrick Airport Manager Fayetteville Municipal Airport Airport Department 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Dale: We have enclosed two (2) executed copies of the Modification of Lease Agreement. Please return one (1) fully executed copy for our records. Thank you for all of your assistance during the last few months. Sincerely, Dennis L. Payton Director of Properties, Facilities 8 Contracts DP/ml 278 EXPRESS AIRLINES I. INC. • 1777 PHOENIX PARKWAY • SUITE 303 • ATLANTA, GA 30349 • (404) 991-3360