Loading...
HomeMy WebLinkAbout138-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 138-20 File Number: 2020-0369 AURORA AVIATION, LC, DBA ELITE AIRCRAFT SERVICES: A RESOLUTION TO APPROVE A ONE YEAR LEASE AGREEMENT WITH AURORA AVIATION, LC, DBA ELITE AIRCRAFT SERVICES FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE E FOR RENT IN THE AMOUNT OF $300.00 PER MONTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year lease agreement with Aurora Aviation, LC, DBA Elite Aircraft Services, a copy of which is attached to this Resolution and made a part hereof, for office space in the Airport Terminal Building for rent in the amount of $300.00 per month. PASSED and APPROVED on 5/19/2020 Attest: F CA YETTEVILLE Kara Paxton, City Clerk Treasu& I. 15 TON �C 0 441111 Page 1 Printed on 5119120 !� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 I Text File File Number: 2020-0369 Agenda Date: 5/19/2020 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 AURORA AVIATION, LC, DBA ELITE AIRCRAFT SERVICES: A RESOLUTION TO APPROVE A ONE YEAR LEASE AGREEMENT WITH AURORA AVIATION, LC, DBA ELITE AIRCRAFT SERVICES FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE E FOR RENT IN THE AMOUNT OF $300.00 PER MONTH 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 one year lease agreement with Aurora Aviation, LC, DBA Elite Aircraft Services, a copy of which is attached to this Resolution and made a part hereof, for office space in the Airport Terminal Building for rent in the amount of $300.00 per month. City of Fayetteville, Arkansas Page 1 Printed on 511912020 City of Fayetteville Staff Review Form 2020-0369 Legistar File ID 5/19/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Summer Fallen 4/29/2020 AIRPORT SERVICES (760) Submitted By Submitted Date Division / Department Action Recommendation: Airport -Staff requests a resolution to approve and allow the Mayor to sign a terminal lease agreement between the I City of Fayetteville and Aurora Aviation, LC DBA Elite Aircraft Services. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 19, 2020 TO: Mayor Lioneld Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: April 29, 2020 CITY COUNCIL MEMO SUBJECT: Aurora Aviation LC, DBA Elite Aircraft Services Terminal lease RECOMMENDATION: Staff requests a resolution to approve and allow the Mayor to sign a terminal lease agreement between the City of Fayetteville and Aurora Aviation LC, DBA Elite Aircraft Services. BACKGROUND: The terminal office space is at 4500 S School Ave Ste. E, Fayetteville, AR 72701. It is currently unoccupied. DISCUSSION: Aurora Aviation LC, DBA Elite Aircraft Services would like to lease Suite E located inside the terminal to conduct business as a flight school. BUDGET/STAFF IMPACT: This lease will provide $3,600 in revenue annually to the airport. Attachments: Staff Review Form City Council Memo Terminal Lease Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LEASE AGREEMENT This LEASE AGREEMENT made this 19th day of May , 2020, by and between the City of Fayetteville, Arkansas, hereinafter called "City", and Aurora Aviation LC, dba Elite Aircraft Services. WHEREAS, City is the owner of an airport known as the Fayetteville Airport, Drake Field, herein referred to as the "Airport"; and WHEREAS, City is the owner of office space at the Airport; and WHEREAS, Aurora Aviation LC, dba Elite Aircraft Services desires to lease said office space, NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, hereby agree as follows: 1. City leases Aurora Aviation LC, dba Elite Aircraft Services, and Aurora Aviation LC, dba Elite Aircraft Services leases from City, approximately 362 sq. ft. of office space in the Terminal Building located at 4500 S. School Ave, Ste. E, Fayetteville Arkansas. 2. Aurora Aviation LC, dba Elite Aircraft Services is granted the use, in common with others similarly authorized, of the airport, together with all facilities, equipment, improvements, and services which have been, or may hereafter, be provided at, or in connection with the Airport from time to time including, but not limited to, the landing field, and any extensions hereof or additions thereto, roadways, runways, ramps, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and take -offs. 3. Aurora Aviation LC, dba Elite Aircraft Services shall have at all times the full and free right in ingress to and egress from the demised premises and facilities referred to herein for Aurora Aviation LC, dba Elite Aircraft Services , its employees, customers, passengers, guests, and other invitees. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Aurora Aviation LC, dba Elite Aircraft Services. 4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for one year (1) year(s) commencing on the day of Max, 2020, and ending on the day of April , 2021. This Lease Agreement may be terminated by either party with a sixty (30) day written notice 5. Rent: Aurora Aviation LC, dba Elite Aircraft Services agrees to pay the City for the use of the premises, facilities, rights, and privileges granted hereunder the sum of: THREE HUNDRED DOLLARS, ($300.00) per month. The initial lease payment is due and payable 90 days from the execution of this Lease Agreement, and at half of the agreed upon rate monthly for the following 90 days then and all subsequent monthly lease payments shall be payable in advance on, or before, the I" day of each month. In addition to any remedy available to it hereunder, the City may impose as additional rentals a delinquency charge on all overdue payments, at the maximum rate allowed by law. 6. City shall maintain and keep in good repair so much of the Airport premises as are not under the exclusive control of Aurora Aviation LC, dba Elite Aircraft Services. Aurora Aviation LC, dba Elite Aircraft Services shall, at the termination, surrender or forfeiture of this lease, return said premises in same or better condition premises were at the beginning of the lease, normal wear and tear excepted. 7. Aurora Aviation LC, dba Elite Aircraft Services shall provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for all utilities additional to those offered to the building in its entirety, including additional phone or internet services. 8. Improvements: Aurora Aviation LC, dba Elite Aircraft Services shall bear the cost of all improvements or additions made to the interior or exterior of the building on the leased premises. No improvements or additions to any part of the leased premises shall be made by Aurora Aviation LC, dba Elite Aircraft Services without the prior written approval of the Airport Manager, whose consent will not be unreasonably withheld. Any signs or antennas to be erected on or attached to the leased premises must have the prior written approval of the Airport Manager and conform to all City Ordinances. 9. Maintenance: The City shall be responsible only for major maintenance of the existing equipment, i.e. replacement of heating unit and other equipment in place in the facility which includes, roof, hangar door motors, exterior walls, exterior plumbing, paved ramp and paved parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing of said building thereof shall become defective or damaged at any time during the term due to ordinary wear and tear and not due to negligence of Aurora Aviation LC, dba Elite Aircraft Services , or Aurora Aviation LC, dba Elite Aircraft Services `s agents or invites, upon notice from Aurora Aviation LC, dba Elite Aircraft Services, the City will immediately cause repairs to be made and restore the defective portions to good condition. If the damage is so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease until such time as the premises shall be fully restored. 10. Aurora Aviation LC, dba Elite Aircraft Services agrees to observe and obey City's Ordinances and Regulations with respect to use of the demised premises and Airport; provided, however, such Ordinances and Regulations shall be consistent with safety and with all city, county, and state rules, regulations, including all current fire codes, and orders of the Federal Aviation 2 Administration with respect to aircraft operations at the Airport, and provided further, such Ordinances and Regulations shall be consistent with the provisions of this agreement or the procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to the operation of Aurora Aviation LC, dba Elite Aircraft Services' aircraft at the Airport. "The Minimum Standards for Fayetteville Executive Airport, Drake Field" herein referred to as Airport Minimum Standards are made part of this lease by reference as if included word for word. 11. Aurora Aviation LC, dba Elite Aircraft Services agrees that it shall use the premises for the implementation and conducting of an aeronautical business activity. Aurora Aviation LC, dba Elite Aircraft Services agrees that it shall use the premises only for the storage of aeronautic materials and equipment necessarily related to the operation of said aeronautical business activity and that no other vehicles, equipment or supplies shall be stored on the premises unless expressly agreed to by the City. Aurora Aviation LC, dba Elite Aircraft Services further agrees not to store any flammable material on the demised premises, other than a limited supply of oils and agents necessary for current aircraft maintenance and repair, or in any way endanger or violate the provisions of the City's standard commercially available property insurance policy or the requirements of same. Such violations shall constitute a material breach of this Agreement. 12. Hazardous Substance: Aurora Aviation LC, dba Elite Aircraft Services shall not cause or permit any Hazardous Substance to be used or stored on or in the Leased Premises without first obtaining the City's written consent. If hazardous Substances are used, stored, generated, or disposed of on or in the Leased Premises or if the Leased Premises or any other Airport property becomes contaminated in any manner for which Aurora Aviation LC, dba Elite Aircraft Services is responsible or legally liable, Aurora Aviation LC, dba Elite Aircraft Services shall indemnify and hold harmless the City, its officers, directors, agents, servants, and employees from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses including all reasonable costs for investigation and defense thereof. (including but not limited to attorneys fees, court costs, and expert fees, and without limitation, decrease in value of the Lease Premises, damages caused by loss or restriction of rentable or usable space as a part of the Leased Premises arising during or after the term hereof and arising as a result of that contamination by Aurora Aviation LC, dba Elite Aircraft Services, Aurora Aviation LC, dba Elite Aircraft Services agents, employees, and invitees. This indemnification includes, without limitation, all cost incurred because of any investigation of the Airport or any cleanup, removal, or restoration mandated by a federal, state, local agency or political subdivision. 13. Aurora Aviation LC, dba Elite Aircraft Services shall maintain in force during the Term and any extended term public liability and property damage insurance in comprehensive form as reasonably may be required by the City and specified in the Airport Minimum Standards. The insurance shall be issued by an insurer licensed to do business in the State of Arkansas. Concurrent with the execution of this Agreement, Aurora Aviation LC, dba Elite Aircraft Services shall provide proof of insurance coverage by providing a Certificate of Lessee's Insurance coverage, a copy of the declarations page on the insurance policy, and a copy of all 3 endorsements. The Certificates of Insurance, or endorsements attached thereto, shall provide that; (a) insurance coverage shall not be canceled, changed in coverage, or reduced in limits without at least thirty (30) days prior written notice to the City: (b) the City and the Airport and their trustees, agents, officers, servants, and employees are named as additional insured: (c) the policy shall be considered primary as regards to any other insurance coverage the City may possess, including any self -insured retention or deductible the City may have, and any other insurance coverage the City may possess shall be considered excess insurance only; (d) the limits of liability required therein are on an occurrence basis. 14. Aurora Aviation LC, dba Elite Aircraft Services agrees to indemnify City against any and all liabilities, losses, suits, claims, judgments, fines, penalties, demands or expenses, including all reasonable costs for investigation and defense thereof, (including but not limited to attorney's fees, court costs, and expert fees, for injuries to persons or damage to property caused by Aurora Aviation LC, dba Elite Aircraft Services use or occupancy of the lease premises; provided, however, that Aurora Aviation LC, dba Elite Aircraft Services shall not be liable for any injury, damage or loss arising from the negligence of City or its agents or employees; and provided further, that each party shall give prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly affects or might affect either party, and each party shall have the right to compromise and defend the same to the extent of its own interest. This clause shall not be construed to waive that tort immunity as set forth under Arkansas Law. 15. Aurora Aviation LC, dba Elite Aircraft Services agrees that it will not discriminate by segregation or otherwise against any person or persons because of race, creed, color, religion, national origin, sex, marital status, or handicap in the furnishing, or by refusing to furnish, to such persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the City solely to tenants, their employees, customers, patients, client, guests, and invites. 16. Assigning, Subletting and Encumbering. Aurora Aviation LC, dba Elite Aircraft Services shall not assign this Agreement in whole or in part, nor sublease all or any part of the Leased Premises, nor permit other persons to occupy said Leased Premises or any part thereof, not grant any license or concession for all or any part of said Leased Premises, without the prior written consent of the Airport Manager, which consent shall not be unreasonably withheld. Any consent by the Airport to an assignment or subletting of this Agreement shall not constitute a waiver of the necessity of obtaining that consent as to any subsequent assignment. Any assignment for the benefit of Aurora Aviation LC, dba Elite Aircraft Services' creditors or otherwise by operation of law shall not be effective to transfer or assign Aurora Aviation LC, dba Elite Aircraft Services 's interest under this Agreement unless the Airport shall have first consented thereto in writing. Neither Aurora Aviation LC, dba Elite Aircraft Services' interest in this Agreement, not any estate created hereby in Aurora Aviation LC, dba Elite Aircraft Services nor any interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law except as may specifically be provided in the Bankruptcy Code. If any of the corporate shares of stock of Aurora Aviation LC, dba Elite Aircraft Services are transferred, or if any partnership interests of Aurora Aviation LC, dba Elite Aircraft Services 4 Agreement, not any estate created hereby in Aurora Aviation LC dba Elite Aircraft Services nor any interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law, except as may specifically be provided in the Bankruptcy Code. If any of the corporate shares of stock of Aurora Aviation LC, dba Elite Aircraft Rerviees are transferred, or it' any partnership interests of Aurora Aviation LC dba Elite Aircraft Servicey are transferred. by sale, assignment, bequest, inheritance, operation of law, or otherwise, so as to result in a change of the control. assets, value, ownership, or structure of Aurora Aviation LC dba Elite Aircraft Services, same shall be deemed an assignment for the purposes of this Section 17 and shall require the Airport's prior consent. and Aurora Aviation LC, dba Elite Aircraft Services shall notify the Airport of any such change or proposed chan,,e. 17. On the expiration or other termination of this lease Aurora Aviation LC, dba Elite Aircraft Services' right to use the demised premises shall cease. and Aurora Aviation LC, dba Elite Aircraft Services shall vacate the premises without unreasonable delay. All property installed, erected. or placed by Aurora Aviation LC, dba Elite Aircraft Services in, on, or about the premises leased Aurora Aviation LC. dba Elite Aircraft Services shall have the right at any time during the term of this agreement., or arty renewal or extension hereof, and for an additional period of fourteen (14) days after the expiration or other termination of this agreement, to remove any or all of such property, subject, however, to Aurora Aviation LC. dba )Mite Aircraft Services' obligation to repair all damage. if any, resulting from such removal. Any and all property not removed by Aurora Aviation LC dba Elie Aircraft S ice's.•prior to the expiration of the aforesaid fourteen (14) day period shall thereupon become a part of the land on which it is located and title hereto shall thereupon vest in City. 18. City may enter the premises leased to Aurora Aviation I dba Elite Aircraft SenjccE at any reasonable time for any purpose necessary or incidental to the performance of its obligations or Aurora Aviation LC, dba Elite Aircraft Smices' obligations hereunder. 19. Aurora Aviation LC dba Elite Aircraft Services shall maintain the demised premises in a clean and orderly fashion at all times. 20 Aurora Aviation LC, d� lite Aircraft Services agrees that habitation of the hangar building or offices as a residence is prohibited. 22. Arty notice or consent required by this Agreement shall be sufficient if sent by Certified Mail, return receipt requested.. postage paid. to the following address: CiTY OF FAYETTEVILLE AVIATION Airport Administration Office 4500 S. School Avenue, Suite F Fayetteville, Arkansas 72701 Phone: (479) 718 -7642 AURORA AVIATION LC:, DRA ELITE AIRCRAFT SERVICES 110 Box 506 Aurora. MO 65605 Phone: (417) 236-4118 24. This agreement shall be construed under the laws of the State of Arkansas. 25. All die covenants, conditions. and Provisions under this agreement shall extend to and bind the legal representative;, successors, and assigns (A'the respective Parties hereof. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. A CITY ,ARK �i el ordan, ?�tav ��� RK / TF?e �� qi, Cj GAS Y ox ATTEST = v: •� By: � FAYETTEVILLE Kara Paxton. City Clerk AUROR 'IATI I.C, "F"-PIS A E:LIT All 'RAF I' SERVICES E3% r! .10, 6