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Home My WebLink About28-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 28-17 File Number: 2016-0664 CREAMER PILOT SERVICES LEASE AGREEMENT: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH CREAMER PILOT SERVICES, LLC FOR 276 SQUARE FEET OF OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING IN THE AMOUNT OF $253.00 PER MONTH THROUGH THE END OF 2017, AFTER WHICH TIME THE LEASE SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS. 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 a lease agreement, a copy of which is attached to this Resolution, with Creamer Pilot Services, LLC for 276 square feet of office space in the Airport Terminal building in the amount of $253.00 per month through the end of 2017, after which time the lease shall automatically renew on a month-to-month basis. PASSED and APPROVED on 1/17/2017 Page 1 Printed on 1/18/17 x �� Wil• •• Mfr/ op • Attest: Ga lT •� `�yt Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 1/18/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 -,� (479) 575-8323 Text File File Number: 2016-0664 Agenda Date: 1/17/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 CREAMER PILOT SERVICES LEASE AGREEMENT: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH CREAMER PILOT SERVICES, LLC FOR 276 SQUARE FEET OF OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING IN THE AMOUNT OF $253.00 PER MONTH THROUGH THE END OF 2017, AFTER WHICH TIME THE LEASE SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS ' 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 a lease agreement, a copy of which is attached to this Resolution, with Creamer Pilot Services, LLC for 276 square feet of office space in the Airport Terminal building in the amount of $253.00 per month through the end of 2017, after which time the lease shall automatically renew on a month-to-month basis. City of Fayetteville, Arkansas Page 1 Printed on 1/18/2017 Terry Gulley Submitted By City of Fayetteville Staff Review Form 2016-0664 Legistar File ID 1/17/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/30/2016 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a lease agreement with Creamer Pilot Services, LLC, Contact: Lance Creamer, 275 South Harvey Dowell Road, Fayetteville, AR, 72701 (479) 841-4262, for office space in the Terminal Building. - Account Number Project Number Budgeted Item? NA Budget Impact: Fund Project Title Current Budget $ _ Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # V20140710 Original Contract Number: Approval Date: Comments: CITY OF • a. r le V ARKANSAS MEETING OF JANUARY 17, 2017 TO: Mayor Lionled Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Terry Gulley, Transportation Services Director DATE: December 16, 2016 SUBJECT: Creamer Pilot Services Lease Agreement RECOMMENDATION: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and Creamer Pilot Services. BACKGROUND: Creamer Pilot Services would like to lease additional office space to operate a charter aircraft service. DISCUSSION: Creamer Pilot Services will be utilizing the now vacant space in the terminal for additional office space for himself and partners for his Part 135 operation. This space will be renovated by our Buildings Maintenance department. BUDGET/STAFF IMPACT: This lease.will provide $3,036 in revenue to the airport for 2017. Attachments: SRF SRM Terminal Building Lease Agreement Exhibit A -Terminal Building Layout Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LEASE AGREEMENT between The City of Fayetteville, Arkansas and Creamer Pilot Services, LLC This Lease Agreement is entered into by the City of Fayetteville, Arkansas ("City") and Creamer Pilot Services, LLC, for the use of space available in the City's Drake Field terminal building: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by Creamer Pilot Services LLC as obligations to the City, the City lets, leases and demises unto Creamer Pilot Services, LLC, subject to the terms and conditions contained herein, the following described property (the "Leased Premises") situated in the City of Fayetteville, Washington County, Arkansas: 276 square feet in the Airport terminal identified in Exhibit "A" attached hereto. 2. Term. This term shall commence on January 18, 2017, and shall end on December 31, 2017. Thereafter, the lease agreement shall automatically renew on a month-to-month basis unless terminated or changed by either party. 3. Rent. Creamer Pilot Services LLC agrees to pay to City as rental for the term of this lease the sum of $11.00 per square foot for a total amount of $253.00 per month. The first monthly payment shall be paid on January 18, 2017 and shall be prorated. Each monthly payment thereafter is due on or before the fifth business day of the month. A late fee shall be imposed, at the highest rate allowable by law, on all payments which are not received within five business days of the due date. 4. Use. Creamer Pilot Services LLC agrees to use the leased prem ises for office space related to its charter aircraft service. 5. Cleaning and Maintenance. Creamer Pilot Services. LLC shall provide regular janitorial and maintenance services for the Leased Premises. City shall provide regular janitorial services and maintenance services for common areas of the terminal building. 6. Assignment or Sublease. Creamer Pilot Services LLC shall not assign this lease or sublet the Leased Premises without prior written consent of the City. Consent for any assignment or subletting shall only be considered at the same rates as established in Paragraph 3 above. Any such assignment or subletting shall in no way relieve Creamer Pilot Services LLC from liability for the obligations imposed by this lease. Creamer Pilot Services LLC may only be released from liability by a specific written release executed by the City. 7. Holdover. Creamer Pilot Services LLC hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, it will remove its property from the Leased Premises immediately. 8. Termination. The City hereby reserves the right to terminate this lease at any time during the term of this lease if payment of rent in accordance with Paragraph 3 above is not received within five (5) business days of the due date. Page 1 of 2 9. Non -Waiver. It is agreed that the failure of the City to invoke any of the available remedies under this lease or under law in the event of one or more breaches or defaults by Creamer Pilot Services, LLC under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent the City from invoking such remedies in the event of any future breach or default. 10. Succession. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 11. Severability. Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 12. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 13. Notices. Notices may be sent to the parties at the following addresses: City of Fayetteville, Arkansas ATTN: Airport Manager 4500 S. School Avenue Fayetteville, Arkansas 72701 Creamer Pilot Services, LLC ATTN: Lance Creamer 275 South Harvey Dowell Road Fayetteville, Arkansas 72701 14. Entire Agreement. This lease agreement contains the entire "agreement of both parties hereto, and no other oral or written agreement shall'be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN AGREEMENT with all the terms, promises, and conditions set out above, the parties sign -their names below this day of January, 2017: CITY OF FAYETTEVILLE: CREAMER PILOT SERVICES, LLC By:y; LIONELD JORDAN, Mayor r_ LANCE tREAMER, Manager ATTEST: By: SONDRA SMITH, City Clerk Page 2 of 2 c.n euIi p5N Molia; ale toi zdaase a;euseyi eu!f enj8 -Aojjv; Elinal edease 16383 sJ�j ` 1 2p!s ;es"l3s i r: sa:i!a�! etl�sa3 i epos auxs� su��{i�E 1su�wsel . C K C