HomeMy WebLinkAbout69-02 RESOLUTIONM
NAME OF FILE.
CROSS REFERENCE:
Resolution No. 69 02
05/07/02
Resolution No. 69-02
05/07/02
Aircraft Storage
Fayetteville
out -of -service
License with Maximum Aviation Services for the use of
Municipal Airport ramp space for the temporary parking of
aircraft.
04/08/02
Memo to Mayor Coody & City Council Members thru Staff Review
Committee, from Ray M. Boudreaux, Director, regarding Airline Storage
License
04/16/02
Staff Review Form
06/19/2002
Memo to Ray M. Boudreaux, Airport, from Heather Woodruff, City
Clerk
New Signature Page from Maximum Aviation Services
NOTES:
• •
AIRCRAFT STORAGE LICENSE
/fas.Gf°z
As of�/!-� / , 2002 the City of Fayetteville (Fayetteville Municipal Airport),
herein "Licensor", permits the undersigned Licensee, Maximum Aviation Services , to store
aircraft at the Fayetteville Municipal Airport under the following terms:
1. The aircraft stored under this License are identified by tail number and type of aircraft
(hereinafter "Subject Aircraft"). Concurrent with execution of this License, Licensee is required to
deliver a written list including the quantity of the Subject Aircraft(s) Licensee mtends to store at the
Fayetteville Municipal Airport using Exhibit "B" as Licensee's format (hereinafter "List") to
Licensor. Licensee may change the number and identity of the Subject Aircraft(s) by delivering the
List to Licensor every thirty (30) days after Licensee's execution of this License.
1 a. If Licensee fails to timely deliver the List, this License shall be deemed terminated at Licensor's
sole discretion and Licensor will calculate the quantity of Subject Aircraft and the Licensee shall be
bound by Licensor's calculations for purposes of determining the Monthly License Fee as defined
and set forth in Paragraph 4, hereinbelow.
1 b. If Licensor disputes the contents of the Licensee's timely List delivery, Licensor shall deliver
written notification to Licensee of the disputed List. If Licensee does not contest in writing the
contest of the disputed List within seven (7) days following its receipt, then Licensor will calculate
the quantity of Subject Aircraft and the Licensee shall be bound by Licensor's calculations for
purposes of determining the Monthly License Fee as set forth in Paragraph 4, hereinbelow. This
License will automatically be revised to include the Subject Aircraft stated in the List on the last day
of the month following receipt of the List by Licensor.
2. The Subject Aircraft shall initially be stored in an area designated by Licensor. The Licensor
may change the storage location by written notice to Licensee. If Licensee does not move the
Subject Aircraft, the Subject Aircraft shall be moved by Licensor within ten days of delivery of the
notice to Licensee. Licensor shall be entitled to recovery of reasonable costs.
3. This License commences the date first above written and shall continue month-to-month. Either
party may terminate this License by thirty (30) days prior written notice.
4. Licensee shall pay "Monthly Licensee Fee" per month on the last day of each month during the
term of this License. The Monthly License Fee shall be calculated in accordance with the Schedule
of Charges (Exhibit "A", attached hereto and incorporated herein) and the List (Exhibit "B"). If the
above amount is not paid by Licensee within twenty (20) days following the last day of each month,
Licensor shall also be paid interest at the rate of 1.5% per month on the unpaid balance. The
Monthly License Fee may change (as described in Paragraph 1, hereinabove) in accordance with
Exhibit "A", should the quantity and identity of the Subject Aircraft set forth in the List change.
5. This License is personal to the Licensee.
-1-
• •
6. Licensee shall save and hold Licensor, its officers, agents and employees, free and harmless
from costs, liability or damages, including attorney fees, arising out of acts or omissions to act,
including negligent acts or omissions to act, by Licensor, its officers, agents or employees in
connection with operations under this license, or to enforce the terms or remedy a breach of this
License.
7. Licensee shall provide Licensor with a Certificate of Insurance naming Licensor as additional
insured on a policy or policies of insurance with at least the following coverages: Bodily Injury
Liability, $1,000,000 each person and $2,000,000 each occurrence; and property damage liability,
$500,000 occurrence. Said Certificates shall provide the policy or policies shall not be canceled
without given thirty days' prior written notice to Licensor.
8. The Subject Aircraft shall not be used for commercial activity unless Licensee receives prior
written consent for such activity form the Licensor.
9. The Licensee may perform work on the Subject Aircraft as is permitted by Federal Aviation
Regulations.
10. The use of combustible chemicals, in, or adjacent to, the storage area is strictly prohibited.
11. Licensee shall not interfere with the departure or arrival of aircraft.
12. Licensee shall not make or cause to be made, alterations to the storage area without first
securing the written consent of the Licensor.
13. Licensor has access to the storage area at reasonable times for the purpose of inspection or
making necessary repairs or improvements.
14. Waiver of any provision herein, or of the regulations governing the use of aircraft storage, shall
not be deemed a continuing waiver or waiver of another provision or regulation.
15. Notices required herein may be given by enclosing the same in a sealed envelope, addressed to
the party for whom intended, and by depositing such envelope with postage prepaid at any United
States Post Office facility. Such notices shall be addressed as follows:
LICENSOR: LICENSEE:
Director of Aviation and Economic Development Maximum Aviation Services
Fayetteville Municipal Airport ATTN: Max Seefluth, Preseident
4500 S. School Avenue, Suite F 21 Fox Ridge Drive
Fayetteville, Arkansas 72701 Kansas, Oklahoma 72347
Phone: 479-718-7642 / Fax: 479-718-7646 Phone: 918-597-3077 / Fax: (same)
16. Licensor is not responsible for theft, loss, injury, damage or destruction of the aircraft or
property thereon or accident or injury to licensee. The charges fixed herein are for the privilege of
storage only.
-2-
1111 RES. 64- oz
17. Licensee shall abide by the "Airport Minimum Standards for Operations and Commercial
Activities" adopted by the Licensor and by the rules and regulations relating to the use of
Fayetteville Municipal Airport. Execution of this license by Licensee acknowledges receipt of the
rules and regulations.
The Licensor accepts the terms of this License as of the date first above written.
LICENSEE: MAXIMUM AVIIATION SERVICES
Name and dr
By:
ATTEST:
By:
The License is granted as of the date first above written.
LICENSOR: ITY OF FAYETTEVILLE
By:
ATTEST:
B
-3-
/it0Lj
g the fir''1
t ._...: ,
Heather Woodru
-•1_
•
be
•
TYPE OF AIRCRAFT
Small
(example) BAe 146
ATR
• is
FAYETTEVILLE MUNICIPAL AIRPORT
AIRCRAFT STORAGE
EXHIBIT "A"
SCHEDULE OF CHARGES
MONTHLY RATE
$200.00
DAILY RATE
$6.75/day
Narrow Body $200.00 $6.75/day
(example DC9 720
727 MD80
737 880
Wide Body
(example) DC8 A300 T -B -D T -B -D
MD11 DC10
L1011 757
B747
B767
•
COMPANY NAME
CONTACT PERSON
PHONE NUMBER
FAX NUMBER
• •
FAYETTEVILLE MUNICIPAL AIRPORT
EXHIBIT "B"
AIRCRAFT STORAGE
AIRCRAFT INFORMATION REOUIRED
AIRCRAFT TYPE TAIL NUMBER
AIRCRAFT OWNER
DATE AIRCRAFT ARRIVED
DATE AIRCRAFT DEPARTED
AIRCRAFT LOCATION ON FIELD
Date aircraft placed on ramp
Date aircraft placed in storage
• •
AIRCRAFT STORAGE LICENSE
As of , 2002 the City of Fayetteville (Fayetteville Municipal Airport),
herein "Licensor", permits the undersigned Licensee, Maximum Aviation Services , to store
aircraft at the Fayetteville Municipal Airport under the following terms:
1. The aircraft stored under this License are identified by tail number and type of aircraft
(hereinafter "Subject Aircraft"). Concurrent with execution of this License, Licensee is required to
deliver a written list including the quantity of the Subject Aircraft(s) Licensee intends to store at the
Fayetteville Municipal Airport using Exhibit "B" as Licensee's format (hereinafter "List") to
Licensor. Licensee may change the number and identity of the Subject Aircraft(s) by delivering the
List to Licensor every thirty (30) days after Licensee's execution of this License.
1 a. If Licensee fails to timely deliver the List, this License shall be deemed terminated at Licensor's
sole discretion and Licensor will calculate the quantity of Subject Aircraft and the Licensee shall be
bound by Licensor's calculations for purposes of determining the Monthly License Fee as defined
and set forth in Paragraph 4, hereinbelow.
1 b. If Licensor disputes the contents of the Licensee's timely List delivery, Licensor shall deliver
written notification to Licensee of the disputed List. If Licensee does not contest in writing the
contest of the disputed List within seven (7) days following its receipt, then Licensor will calculate
the quantity of Subject Aircraft and the Licensee shall be bound by Licensor's calculations for
purposes of determining the Monthly License Fee as set forth in Paragraph 4, hereinbelow. This
License will automatically be revised to include the Subject Aircraft stated in the List on the last day
of the month following receipt of the List by Licensor.
2. The Subject Aircraft shall initially be stored in an area designated by Licensor. The Licensor
may change the storage location by written notice to Licensee. If Licensee does not move the
Subject Aircraft, the Subject Aircraft shall be moved by Licensor within ten days of delivery of the
notice to Licensee. Licensor shall be entitled to recovery of reasonable costs.
3. This License commences the date first above written and shall continue month-to-month. Either
party may terminate this License by thirty (30) days prior written notice.
4. Licensee shall pay "Monthly Licensee Fee" per month on the last day of each month during the
term of this License. The Monthly License Fee shall be calculated in accordance with the Schedule
of Charges (Exhibit "A", attached hereto and incorporated herein) and the List (Exhibit "B"). If the
above amount is not paid by Licensee within twenty (20) days following the last day of each month,
Licensor shall also be paid interest at the rate of 1.5% per month on the unpaid balance. The
Monthly License Fee may change (as described in Paragraph 1, hereinabove) in accordance with
Exhibit "A", should the quantity and identity of the Subject Aircraft set forth in the List change.
5. This License is personal to the Licensee.
• •
6. Licensee shall save and hold Licensor, its officers, agents and employees, free and harmless
from costs, liability or damages, including attorney fees, arising out of acts or omissions to act,
including negligent acts or omissions to act, by Licensor, its officers, agents or employees to
connection with operations under this license, or to enforce the terms or remedy a breach of this
License.
7. Licensee shall provide Licensor with a Certificate of Insurance naming Licensor as additional
insured on a policy or policies of insurance with at Least the following coverages: Bodily Injury
Liability, $1,000,000 each person and $2,000,000 each occurrence; and property damage liability,
$500,000 occurrence. Said Certificates shall provide the policy or policies shall not be canceled
without given thirty days' prior written notice to Licensor.
8. The Subject Aircraft shall not be used for commercial activity unless Licensee receives prior
written consent for such activity form the Licensor.
9. The Licensee may perform work on the Subject Aircraft as is permitted by Federal Aviation
Regulations.
10. The use of combustible chemicals, in, or adjacent to, the storage area is strictly prohibited.
11. Licensee shall not interfere with the departure or arrival of aircraft.
12. Licensee shall not make or cause to be made, alterations to the storage area without first
securing the written consent of the Licensor.
13. Licensor has access to the storage area at reasonable times for the purpose of inspection or
making necessary repairs or improvements.
14. Waiver of any provision herein, or of the regulations governing the use of aircraft storage, shall
not be deemed a continuing waiver or waiver of another provision or regulation.
15. Notices required herein may be given by enclosing the same in a sealed envelope, addressed to
the party for whom intended, and by depositing such envelope with postage prepaid at any United
States Post Office facility. Such notices shall be addressed as follows:
LICENSOR: LICENSEE:
Director of Aviation and Economic Development Maximum Aviation Services
Fayetteville Municipal Airport ATTN: Max Seefluth, Preseident
4500 S. School Avenue, Suite F 21 Fox Ridge Drive
Fayetteville, Arkansas 72701 Kansas, Oklahoma 72347
Phone: 479-718-7642 / Fax: 479-718-7646 Phone: 918-597-3077 / Fax: (same)
16. Licensor is not responsible for theft, loss, injury, damage or destruction of the aircraft or
property thereon or accident or injury to licensee. The charges fixed herein are for the privilege of
storage only.
-2-
• •
17. Licensee shall abide by the "Airport Minimum Standards for Operations and Commercial
Activities" adopted by the Licensor and by the rules and regulations relating to the use of
Fayetteville Municipal Airport. Execution of this license by Licensee acknowledges receipt of the
rules and regulations.
The Licensor accepts the terms of this License as of the date first above written.
LICENSEE: MAXIMUM AVIATION SERVICES
VSI By:
GO
• Name and Title
ATTEST:
By:
The License is granted as of the date first above written.
LICENSOR: CITY OF FAYETTEVILLE
By:
Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
�A /6 a fr
vcdrna-nc ,4 (a)
-3-
• •
17. Licensee shall abide by the Airport Minimum Standards for Operations and Commercial
Activities" adopted by the Licensor and by the rules and regulations relating to the use of
Fayetteville Municipal Auport. Execution of this license by Licensee acknowledges receipt of the
riles and regulations.
The Licensor accepts the terms of this License as of the date first above written.
LICENSEE: MAXIMUM AVIATION SERVICES
Q‘t By:
GO j Name and Title
ATTEST:
By:
The License is granted as cfi the date first above written.
LICENSOR: CITY OF FAYETTEVILLE
By:
Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff City Clerk
j
TYPE OF AIRCRAFT
Small
(example) BAe 146
ATR
• •
FAYETTEYILLE MUNICIPAL AIRPORT
AIRCRAFT STORAGE
EXHIBIT "A"
SCHEDULE OF CHARGES
MONTHLY RATE
$200 00
DAILY RATE
$6.75/day
Narrow Body $200.00 $6.75/day
(example DC9 720
727 MD80
737 880
Wide Body
(example) DC8 A300 T -B -D T -B -D
MD11 DC10
L1011 757
B747
B767
-4-
a ii
•
COMPANY NAME
CONTACT PERSON
PHONE NUMBER
FAX NUMBER
• •
FAYETTEVILLE MUNICIPAL AIRPORT
EXHIBIT "B"
AIRCRAFT STORAGE
AIRCRAFT INFORMATION REOUIRED
AIRCRAFT TYPE TAIL NUMBER
AIRCRAFT OWNER
DATE AIRCRAFT ARRIVED
DATE AIRCRAFT DEPARTED
AIRCRAFT LOCATION ON FIELD
Date aircraft placed on ramp
Date aircraft placed in storage
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DAN COODY, MAYOR
4500 School Ave., Suite F
Fayetteville, AR 72701
501.718.7942
AVIATION AND ECONOMIC DEVELOPMENT
RAY M. BOUDREAUX, DIRECTOR
TO: Dan Coody, Mayor
City Council Memb
THRU: Staff Review Com
FROM: Ray M. Boudreaux, Dire
DATE• April 8, 2002
SUBJECT: Airline Storage License
LfAX/MAZ 741/977 SWES
Background: Attached please find a license for the use of Airport Parking Ramp for the
purpose of parking airline aircraft temporarily taken out of airline service The initial
agreement is to park up to 20 aircraft on the ramp at any time. The aircraft would be
maintained in flyable condition and thus be available for reentry into the airline fleet.
Purpose: The purpose of this Memo is to inform all staff and then receive City Council
approval for the project.
Budget Considerations: The airport will charge $200.00 per month for each aircraft. Total
revenue to the airport could be $4,000.00 per month or $48,000.00 per year.
Requested Action: Approve the license for signature by the Mayor.
Attachments: Staff Review Form
License (signature page signed by fax)
c
_X AGENDA REQUEST
_X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of
STAFF REVIEW FORM
April 16, 2002
FROM:
Ray M. Boudreaux
Name
Airport
Division
Aviation & Economic Development
Department
ACTION REQUIRED: Approval of License to Maximum Aviation Services for use of Fayetteville Municipal Airport ramp
space to park temporarily out of service airliners.
COST TO CITY:
$ ( 160
Cost of this Request
SSSO• U `/SS. y4'5 710°
Account Number
v/A
Project Number
$ -23/60
Category/Project Budget
Fundssed to date
$ 2 y/60
Remaining Balance
Category/Project Name
Program Name
Fund
BRVIE
Budget MMaa ger
c (b v -M -e.""-
Budgeted
e.x
Budgeted Item
Date Administrative Services Dir.
Date
Budget Adjustment Attached
RACT/ T/LEASEW:
£%4Il a_ /)y OL
Ac g M ager Date Internal Auditor Date GRANTING AGENCY
Date
7V
(,{ty \J Aey A 119 ate ADA Coordinator
Y I O
Purchasing Officer Date Grants Coordinator
Date
STAFF RECOMMENDATION:
Mayor
th-
-
Cross Reference
New Item: Yes X
Prev. Ord/Res#:
Orig Cont. Date:
Orig Cont #:
No
• •
STAFF REVIEW FORM Page 2
Meeting Date: April 8, 2002
License agreement between the City of Fayetteville and Maximum Aviation services for the temporary
storage of out of service airline aircraft. Aircraft will be maintained in flyable condition and license fees
will be paid at the end of the month for the aircraft stored during the month. Monthly and daily rates will
be established.
Comments:
Budget Manager Reference Comments:
Accounting Manager Reference Comments:
City Attorney Reference Comments:
Purchasing Officer Reference Comments:
Internal Auditor Reference Comments
ADA Coordinator Reference Comments:
Grants Coordinator Reference Comments:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
1
To: Ray M. Boudreaux, Airport
From: Heather Woodruff, City Clerk
Date: June 19, 2002
c
Please find attached a copy of Resolution No.69-02 granting a license to Maximum Aviation
Services for use of Fayetteville Municipal Airport ramp space for the temporary parking of out -
of -service aircraft. The original will be microfilmed and filed with the City Clerk
cc: Nancy Smith, Internal Audit
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO:
THRU:
FROM:
DATE:
SUBJECT:
DAN COODY, MAYOR
KIT WILLIAMS, CITY A
RAY M. BOUDREAU
JULY 22, 2002
MAXIMUM AIRCRAFT SERVICES, INC.
On June 24, 2002 our office received a copy of Resolution #69-02 and the signed license
from the City Clerk granting a license to Maximum Aircraft Services to park grounded
airline aircraft at Fayetteville Municipal Airport -Drake Field. Recently we received
notice from Maximum Aircraft Services that they have incorporated and they have sent a
signature page to us for the Mayor and City Clerk's signatures to acknowledge the name
change.
Attached you will find two sets of the Signature Page, and three pages from the Articles
of Incorporation (listing the names of each incorporator), and City Resolution. If
additional information is required, please let us know.
RMB/lp
Attachments: Two sets of
Signature page
Three pages from the Article of Incorporation
City Resolution #69-02
As of
replace
• •
Aviation
Maximum
ervices
Maximum Aviation Services, Inc (Incorporated) is to
Maximum Aviation Services in the license agreement.
Licensor: City of Fayetteville
By:
Attest:
By:
Aten/..
Dan Coody, Mayo
eather toodruff, City C
'113A v3:41•47
21 Fox Ridge Drive, Kansas, OK 74347 Tel/Fax: 9185973077
•
07/15/2002 12:53 918577 MAXIMA AVIATION SVS • PAGE 61
112W 1 flE ®W�1�E NtWW6;EINDMINIIA ilr"
STATE: OF ARKANSAS
SECRETARY 3_ OF STATE
�..
Sharon Priest
SECRETARY OY STATE
To All to Whom These Presents Shall Come, Greetings:
I, Sharon Priest, Secretary of State of Arkansas, do hereby certify
that the following and hereto attached instrument of writing is a true and
perfect copy of
Articles of Incorporation
OF
MAXIMUM AVIATION SERVICES, INC.
ORIGINAL ARTICLES FILED:
Junell,20112
In Testimony Whereof, I have hereunto
set my hand and affixed my official Seal.
Done at my office in the City of Little Rock,
this 8th day of June 2002.
1444— Lyr
/Secretary of State
' ; A AIM tTIMMIMM;;MMA AIA
2-
07/15/2002 13:42 91859730 MAXIMIM AVIATION PACS 01
Co?oration and UCC &co.ds - Efefiont • Capitol Building and Croundr
illfir..
yw
Arkansas Secretary of StatezJt ��-
Sharon Priestrir
J" _8 ar; 9.40
ir'xl� i'r,�� 5�
State Capitol • Uttle Rock. Arkansas 72201-1094 • 501.682.1010 By1A( OF RKANsArP
Instructions: Rs In glala Indians al lust ona wird vAth origami paralicas
Saar Capitd, 722011004 wit of In copy veil l be rr Ai sms0 Mantas Y of at the C t abut
Caput�at the taYd adttteta.
PLEASE TYPE OR CLEARLY PRINT IN INK
ARTICLES OF INCORPORATION
of
The undersigned acting as Incorporators of a corporation under tri. Arkansas Business Corporation Act (Act 5158 of
1987), adopt the W Ankles of Incorporation of such Corporation:
First: The name of the Corporation is:
moximunn Rviadro.� rvi
$rte3 .rvc.
Must contain the words 'Corporation'. incorporated. 'Company', 'Limited, or the abbreviation 'Corp.'. "Inc.'.
Co.', or 1.td.' w words or abbreviation of like impost In another language.
Sseont The number o1 *hares which the Corporation shad have to authority to issue is ,/ //jj
/O
share(s). The oar value of each shale is p,/4 /, .
The designation of each class, the number of shares of each class, or a statement that to shares of any
dart are without par value, aro as knows:
Par Value Pe Shen Or
Number of Statement That Shams Are
Shane Clam Seri.. M any) Without Per Value
/d
4,•wnan Nat
//94 pALa4
Third: The street address of the initial registered office of this Corporation shall be located at
01 FOX 1144c, ogLgc Kan to s DkJpharrra 7V -riff
and the name of the initial registered agent of this Corporation at that address Is
max R. _Cifecturif
Filing Fe. 660.00
own Walla,