BILL NO.  590                                                      RESOLUTION _________

 

A RESOLUTION AUTHORIZING A WRITTEN AGREEMENT BY AND BETWEEN THE CITY OF WEST PLAINS, MISSOURI AND BENNY BUTLER WHICH AGREEMENT PERTAINS TO THE LEASING OF AN AIRPORT HANGAR TO BENNY BUTLER AND IMPROVEMENTS OF THREE AIRPORT HANGARS BY BENNY BUTLER.

 

WHEREAS, the City of West Plains, Missouri desires to enter into a written hangar lease/improvement agreement of a certain airport hangars to Benny Butler and;

 

WHEREAS, the City Council of the City of West Plains, Missouri deems it wise and necessary to pass this Resolution authorizing the making and execution of said lease agreement.

 

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI AS FOLLOWS:

 

Section 1:  That the City Council of the City of West Plains, Missouri does hereby authorize the execution of the airport hangar lease/improvement agreement by and between the City of West Plains, Missouri and Benny Butler, a true copy of said agreement being attached hereto and made a part hereof as Exhibit A.

 

Section 2:  That this Resolution shall be in full force and effect from and after its date of passage and approval.

 

PASSED AND APPROVED THIS 14TH DAY OF JANUARY 2002.

 

                                                            CITY OF WEST PLAINS, MISSOURI

 

 

 

                                                            _________________________________

                                                            MAYOR JOE PAUL (J. P.) EVANS

ATTEST:

 

 

_____________________________

CITY CLERK CONNIE SHELTON

 

 

 

 

 

 

 

 

 

HANGAR LEASE AGREEMENT

 

This agreement is entered into this ____ day of _____ 2002 by and between the City of West Plains, Missouri hereinafter called the LESSOR and Benny Butler, hereinafter called the Lessee.

 

LESSOR has agreed to let the LESSEE lease hangar space for LESSEE’S airplane at the west Plains Municipal airport under the following terms and conditions:

 

  1. The lease agreement shall commence on the 1st day of March 2003 and end on the 28th day of February 2004. LESSOR and LESSEE agree that this lease is for a one-year period and the exact dates are flexible so long as both parties agree.

 

  1. LESSEE shall pay as rent for the use of the described hangar, the amount of zero dollars but agrees to construct and install three (3) airport hangar doors between March 2002 and June 2002 with all material to be furnished by the City.  LESSEE agrees that hangar doors shall be constructed and installed according to the airport manager’s specifications.

 

  1. LESSEE agrees to pay the base monthly utility rate assessment plus the cost of all electricity used over 10 kwh at the actual rate charged by Howell Oregon Electric.

 

  1. The premises leased shall be the hangar designated on said airport as determined by the airport manager.

 

  1. LESSOR will maintain the structural components of the hangar including any doors and door mechanisms.  LESEE shall be responsible and liable for any damage to the hangar caused to interior walls, damage to unsealed floors due to fuel oil spillage, doors damaged due to LESSEE’S improper or negligent operation.  LESSEE shall obtain the approval and consent of LESSOR prior to attempting to alter or improve the rented premises, and shall be solely at LESSEE’S expense.  In the event approval is given by LESSOR, it is understood by the parties that all improvements or alterations become the property of LESSOR and are to be considered fixtures of the land.

 

  1. LESSOR hereby expressly disclaims any and all liability for damage to the aircraft stored in the hangar, except for such damage as may be caused by movement of the aircraft by LESSOR’S employees, except that if LESSEE participates in any way or gives instruction to LESSOR’S employee, LESSOR shall not be liable in any way for damages to the aircraft.  LESSEE shall be liable for any damage to LESSOR’S property and/or other stored aircraft arising from LESSEE’S negligence including but not limited to: the carrying on of unauthorized activities in the hangar or the storage of flammables in the hangar and/or aircraft other than fuel and oil in the aircraft tanks.

 

  1. The hangar hereby leased shall be used only for the storage and construction of aircraft and only for the storage of aircraft owned or leased by LESSEE.    LESSEE further agrees that no commercial aviation activities will be conducted on the premises without express approval of the LESSOR, this includes, but is not limited to, aircraft rental, charter, leasing, flight instruction, aerial survey/photography work, etc.  LESSEE also agrees to abide by the policies of the airport management pertaining to the operation of the airport.

 

  1. The hangar hereby rented will not be subleased by LESSEE nor will this lease be assigned without the express written approval of LESSOR.  Storage of aircraft not belonging to, or leased by lessee shall be construed as a sublease and unless approved by LESSOR shall be grounds for termination of this lease.

 

  1. LESSOR may terminate this agreement during any lease period upon the occurrence of any of the following occurrence, which the parties hereby agree shall constitute a breach of this lease agreement by LESSEE:

 

a)      Failure to install three hangar doors that meet the airport manager’s requirements. 

b)     LESSEE has failed to comply with or violated any of the conditions of this lease, and has not corrected same within a reasonable time after being notified by LESSOR.  In the event of a breach on the part of LESSEE, LESSOR may notify LESSEE of termination of this agreement in writing.  In such event LESSEE shall have three (3) days after receipt of such notice to remove his aircraft from the hangar, after which, in the event LESSEE has failed to remove said aircraft, LESSOR is hereby specifically authorized to remove the aircraft, without further obligation to LESSEE or liability for aircraft removed.

 

  1. LESSEE agrees to abide by and cooperate with LESSOR in the enforcement and implementation of applicable airport security regulations and measures.  Security of the hangar itself shall be the responsibility of LESSEE.  LESSEE agrees to provide LESSOR with a key to any lock or locking device used to secure the hangar.  LESSOR agrees that the key will be used by LESSOR only in case of emergency or in accordance with LESSEE’S instructions.  LESSOR shall not be liable for theft, vandalism, or pilferage to any items stored in the hangar except LESSEE’S aircraft and then if and only if it can be shown that the hangar had a functional lock or locking device and was left unsecured by LESSOR’S employees after having been opened or unlocked using the key provided LESSOR in accordance with this paragraph.

 

 

 

 

 

 

 

 

LESSOR                                                                      LESSEE

CITY OF WEST PLAINS                                              BENNY BUTLER

 

 

BY_____________________                                                BY___________________________

MAYOR JOE PAUL EVANS                                    BENNY BUTLER

DATE:__________________                                                DATE: _______________________

 

ATTEST:

 

 

__________________________

CITY CLERK CONNIE SHELTON

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