HomeMy WebLinkAbout10-12 RESOLUTIONRESOLUTION NO. 10-12
A RESOLUTION TO APPROVE T -HANGAR LEASE AGREEMENTS
THROUGHOUT 2012 AT THE CURRENT RENTAL RATE OR AS
ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T -HANGARS
RENTED AT THE FAYETTEVILLE EXECUTIVE AIRPORT
WHEREAS, the City through its Aviation Director Ray Boudreaux has constructed
numerous T -Hangars at the Fayetteville Executive Airport to serve pilots based at our airport and
to provide revenue to the City's Aviation Division so that it has not had to be subsidized from the
City's general revenues as other City Departments are funded; and
WHEREAS, the Airport Board working with the City's Aviation Division has set the
reasonable rental rates for all such T -Hangar rentals for many years; and
WHEREAS, the lease contracts should be approved by City Council Resolution prior to
the Mayor's signature pursuant to state law; and
WHEREAS, it is appropriate to approve the numerous standard lease contracts for the
numerous T -Hangers as a group for all of 2012.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
all T -Hangar leases if in the standard form and for the existing (or increased by the Airport
Board) amount that come up for renewal or begin in 2012 and authorize Mayor Jordan or his
designee to execute the T -Hangar leases.
PASSED and APPROVED this 17th day of January, 2012.
APPROVED:
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i'1 N LD JO ' i , Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
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AGENDA REQUEST
FOR: COUNCIL MEETING OF JANUARY 17, 2012
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Approve T -Hangar Lease Agreements Throughout 2012 At The Current
Rental Rate Or As Adjusted Upward By The Airport Board For All T -Hangars Rented At The
Fayetteville Executive Airport
APPROVED FOR AGENDA:
City Attorney
Chief of S . ff
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Departmental Correspondence
ARKANSAS
www.accessfayetteville.org
LEGAL
DEPARTMENT
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Paul Becker, Finance Director
Terry Gulley, Transportation Services Director
Ray Boudreaux, Director of Aviation
FROM: Kit Williams, City Attorney
DATE: December 30, 2011
RE: T -Hangar lease contract approval for 2012
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
Because A.C.A. §14-54-302(c) states that: "(t)he execution of all ... lease
contracts shall be performed by the mayor ... when authorized by a resolution, in
writing, approved by a majority vote of the city council ....," I believe we should
have a City Council Resolution approving all standard T -Hangar lease contracts
that are initiated or renewed in 2012.
Therefore, I have presented this Agenda item for the City Council's
consideration.
RESOLUTION NO.
A RESOLUTION TO APPROVE T -HANGAR LEASE AGREEMENTS
THROUGHOUT 2012 AT THE CURRENT RENTAL RATE OR AS
ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T -HANGARS
RENTED AT THE FAYETTEVILLE EXECUTIVE AIRPORT
WHEREAS, the City through its Aviation Director Ray Boudreaux has constructed
numerous T -Hangars at the Fayetteville Executive Airport to serve pilots based at our airport and
to provide revenue to the City's Aviation Division so that it has not had to be subsidized from the
City's general revenues as other City Departments are funded; and
WHEREAS, the Airport Board working with the City's Aviation Division has set the
reasonable rental rates for all such T -Hangar rentals for many years; and
WHEREAS, the lease contracts should be approved by City Council Resolution prior to
the Mayor's signature pursuant to state law; and
WHEREAS, it is appropriate to approve the numerous standard lease contracts for the
numerous T -Hangers as a group for all of 2012.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
all T -Hangar leases if in the standard form and for the existing (or increased by the Airport
Board) amount that come up for renewal or begin in 2012 and authorize Mayor Jordan or his
designee to execute the T -Hangar leases.
PASSED and APPROVED this 17th day of January, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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HANGAR RENTAL AGREEMENT
Fayetteville Executive Airport, Drake Field
Lease Application and Accounting Information Form
Name: Company/Leaseholder/Individual: Type Name
Name: Corporate Representatives(s): Type name of Corp officer, Attny, etc.
Home Address: Street Address/PO Box
City, State, Zip code
Mailing Address (if different): Street Address/PO Box
City, State, Zip code
State of Corporation as incorporated:
(Provide Copy of Incorporation Paperwork)
Business and/or Services to Be Provided: Please provide a brief description
Phone/Work: -- Phone/Cell: --
Phone/Home: -- Email:
Emergency Contact Name:
Social Security or Tax I.D No.
Emerg Phone:
Date of Birth:
Hangar Number: Aircraft Number: N
Effective Date: Aircraft Make/Model/Year:
Monthly Rental: $ Aircraft Color Scheme: Ex: White/red
Aircraft Type: Single Engine Airplane
Person conducting the business and/or providing the service if different from above:
Name: Phone: -- E-mail:
Description of tools, equipment, services and inventory required to conduct proposed business and /or
service: Please provide a description of the type of tools and equipment used, how services will be
delivered to the customer, and types/amounts of materials to be stored including potentially hazardous
materials
Hours of Operation: Ex: 8 am -5 pm M -F Total Number of Employees:
I, Type Name, agrees to provide the Airport with changes to current address, telephone, aircraft, and
insurance information.
Would you like to be included in a T -Hangar Tenant Directory? Yes
would like to include in the Directory:
❑ Name 0 Email [Address
❑ T -Hangar number 0 Tail number
0 Telephone # (home) 0 Telephone # (work)
1
Please check the information you
❑Aircraft type
OTelephone # (cell)
(12/30/2011) Kit Williams - HANGAR RENTAL AGREEMENT TEMPLATE dot Seite 2
LEASE AGREEMENT
The City of Fayetteville, Fayetteville Executive Airport, Drake Field hereby leases to
Type Name, a hangar for the above described aircraft on the following terms and
conditions. This lease is intended for the private storage of an aircraft. It is not intended
to be used for aircraft maintenance, storage of hazardous materials or storage of non -
aviation materials.
1. AIRPORT RULES AND ACCESS:
A. Type Name shall abide by "The Minimum Standards for Fayetteville Executive
Airport, Drake Field", City of Fayetteville codes and ordinances, county, state,
federal Statutes, Federal Aviation Regulations, and environmental laws.
B. Hazardous activities such as, but not limited to: smoking, welding, use of
spark producing devices (i.e. grinders), painting, doping, open fuel lines or the
application of hazardous substances are expressly prohibited.
C. Type Name shall keep the aircraft storage space clean and free of grease, oil,
paper and other debris. All flammables must be stored in a metal container with a
tight fitting lid with sump capability at minimum or any other approved
containment device. Combustible liquids such as lube oil may be stored in small
quantities. (See Airport's Minimum Standards). No additional label is necessary
if company label already indicates flammable liquid or type liquid contained.
Flammable storage (other than inside the aircraft fuel storage tank) is limited to a
maximum of 10 gallons in each Hangar unit. The premises covered by this
Agreement shall not be used for the storage of explosive substances or items.
D. Aircraft shall be removed from a hangar for any activity involving fueling or
defueling.
E. The Airport and its designated agents may enter hangars at any time for
inspection. Only locks provided by the Airport may be used on hangar doors.
F. Flying Clubs shall provide copies of the flying club bylaws, current insurance
documents, and current membership roster to be submitted annually to the Airport
Administration Office.
2. RENT:
A. The hangar rent is invoiced in advance and shall be due on the first day of
each month. Type Name further agrees to pay upon demand any excise or other tax
on the leasehold interest.
B. The non-payment of rent may be grounds for termination of this Agreement.
Type Name will also be subject to a late fee for delinquent rental payment.
Delinquent accounts will be sent to a collection agency in accordance with City of
Fayetteville's collection/termination policies after 90 days.
C. The rent stated above is subject to periodic adjustment by the Airport Board.
Notice of increase shall be sent out at least thirty days prior to the increase.
3. STRUCTURAL MODIFICATIONS:
A. No structural or electrical modifications, painting, or alterations will be made
to the storage space without the prior written approval of the Airport Director.
2
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B. Type Name shall not attach any hoisting, winching or holding mechanism to
any part of the storage space, or pass any such mechanism over the beams or
braces thereof.
4. ELECTRICAL APPLIANCES:
A. Limited electrical appliances are allowed in a hangar including portable fans,
televisions, refrigerators, radios, dehumidifiers, engine heaters, powered tow bars,
battery trickle chargers, and small air compressors. Prohibited appliances include,
but are not limited to, air conditioners, electric heaters, hot plates, heat lamps, and
stoves. Any appliance not having an explosion -proof motor which generates a
glow, flame, or spark must be elevated at least eighteen (18) inches above the
floor. No appliances, except refrigerators, dehumidifiers, battery trickle chargers
and engine heaters, may remain connected to any electrical receptacle when the
hangar is not occupied.
B. Type Name shall not overload electrical circuits. Hangar electrical circuits are
designed for 20 amps.
5. MOTOR VEHICLES:
A. Vehicles shall be driven on the airport only by a licensed driver in accordance
with policy established in the Airport's Minimum Standards. Type Name shall
maintain currency of registration as well as limits of liability and property damage
insurance, as mandated by the State of Arkansas, on its vehicle. Type Name will
exercise all controls and restraints necessary as to its employees, agents, and
invitees so as to comply with this Agreement.
B. Vehicles must be located so as not to block aircraft access route between any
hangars, as per the Airport's Minimum Standards. Vehicles will be parked in
accordance with the airport parking plan, signage and pavement markings.
6. ENGINE OPERATION: No aircraft engine shall be operated inside a hangar or in a
negligent manner so that the propeller or exhaust blast may cause injury to persons or
damage to property.
7. PROPERTY DAMAGE/PERSONAL INJURY: Aircraft and other personal
property are stored at Type Name's sole risk. Any insurance protecting Type Name's
personal property against fire, theft or damage must be provided by Type Name. Type
Name agrees to save the Airport Harmless from any and all liability by reason of the
storage or maintenance of said aircraft upon the Fayetteville Executive Airport, Drake
Field, or from injury or damage caused to any persons or property by reason of the
operations of said aircraft. Insurance requirement shall be in accordance with the
Airport's Minimum Standards and a current Certificate of Insurance shall be on file at the
Airport Administration Office. This clause shall not be construed to waive that tort
immunity as set forth under Arkansas Law.
8. AIRCRAFT MAINTENANCE: Maintenance repair work that requires open flame,
use of spark producing devices (i.e. grinders), welding, or the use of flammable liquids is
not in this Aircraft Storage Hangar. Opening fuel cells and fuel lines is not permitted in a
storage hangar.
3
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9. NO COMMERCIAL ACTIVITY: No commercial or revenue-producing activities
shall be conducted or permitted from any aircraft storage space without written approval
of the Airport Director.
10. NO ASSIGNMENT: The aircraft storage space designated above is rented on a
month-to-month basis for aircraft storage only. Such space may not be sublet, assigned
or otherwise transferred without the prior written approval of the Airport Director. Only
the aircraft identified in this Agreement may be stored in this hangar.
11. TERMINATION:
A. This Agreement shall be deemed a "month-to-month" tenancy and may be
terminated by either party upon giving thirty (30) days notice to the other in
writing, prior to the end of any such rental period.
B. This Agreement may be terminated by the Airport upon ten (10) days written
notice for any violation of the terms or conditions of this Agreement.
12. NOTICE: Any Notice or consent required by this Agreement shall be sufficient if
sent by Certified Mail, return receipt requested, postage paid, to the following address for
the City/Airport, or for the tenant, the last known address or copy thereof may be posted
upon the entryway door of the above mentioned hangar.
CITY OF FAYETTEVILLE
Airport Administration Office
4500 S. School Ave., Suite F
Fayetteville, AR 72701
Phone: 479-718-7642
13. If Type Name fails to make any payment due hereunder within ten (10) days of the
date on which such payment is due, the City of Fayetteville may, at its option, terminate
this agreement and take possession of such of Type Name personal property as is
reasonably necessary to secure payment of the amount due and unpaid.
14. Upon expiration or other termination of this lease, Type Name's rights to use of the
demised premises shall cease, and Type Name shall vacate the premises without
unreasonable delay.
All fixtures, improvements, equipment, and other property brought, installed, erected or
placed by Type Name on the demised premises shall be deemed to be personalty and shall
remain the property of Type Name. Type Name shall have the right at any time during the
term of this agreement, to remove any or all of such property from the Airport, subject,
however, to Type Name's obligations to repair all damages, if any, resulting from such
removal. Any and all property not removed by Type Name prior to the expiration of this
lease shall thereupon become the property of the City of Fayetteville and title thereto
shall thereupon vest in the City of Fayetteville.
15. All covenants, conditions and provisions in this agreement shall extend to and bind
the legal representatives, successors and assigns of the respective parties hereto.
4
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Type Name: I have received a copy of "The Minimum Standards for the
Fayetteville Municipal Airport Drake Field" . (initial)
Mandatory Acknowledgment "By signing this application, acknowledge that I am
ultimately responsible for the payment of any and all sums of money arising as a
result of this grant of temporary credit."
Signature of Responsible Party
Title Date
APPROVED: THE CITY OF FAYETTEVILLE:
Ray Boudreaux, Airport Director Date Lioneld Jordan, Mayor Date
ATTEST:
Sondra Smith,
City Clerk and Treasurer
5
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Attachment "A" to Hangar Rental Agreement
For Execution by Partners in Aircraft
I agree to be bound by the terms and conditions of the hangar Rental Agreement
Effective (day/month/year) for Hangar #
Lessee Name:
Partner #1:
Address
Signature:
Partner #2:
Address
Signature:
Partner #3:
Address
Signature:
Partner #4
Address
Signature:
6
20 12,
20.11,
2010 RENTAL RATES for T -HANGARS:
T -Hangar "A"
#1 thru 10
"A" North & South Storage
$190.00
$ 95.00
T -Hangar "B"
#1 thru 14 (no #13) $160.00
"B" North Storage $ 80.00
"(not rented B-South/airfield generator room)
T -Hangar "C"
#1 thru 14 (no #13)
"C: North & South Storage
$160.00
$ 80.00
,.T -Hangar "D"
#1 thru 14 (except D-7 & no #13) " $160.00
#D-7 (modified) $190.00
"D" North Storage $ 80.00
"D" South Storage $ 55.00
T -Hangar "E"
#1:7 $195.00
• #8 $292.50
"E" North Storage $ 97.50
(no `B" South Storage)
T -Hangar "F"
#1-7 $195.00
#8 $227.50
"F" North Storage $ 97.50
"F" South Storage $ 65.00 •
T -Hangar "G"
#1-8 $195.00
"G North and South Storage $ 97.50
T -hangar "H"
#H-1 $292.50
#H-4 $260.00
#H-8 $227.50
#H-2, 3, 5, 6, & 7 $195.00
(no storage units this hangar)
saved as: 2010 T-Hgr rental rates