HomeMy Public PortalAbout107-1978 - Authorization of the Aviation Board to Enter into a leaseSPECIAL ORDINANCE NO. 107-1978
AN ORDINANCE AUTHORIZING AND EMPOWERING THE BOARD OF AVIATION COMMISSIONERS
OF THE CITY OF RICHMOND, INDIANA, TO ENTER INTO A LEASE WITH A FIXED BASED
OPERATOR FOR THE RICHMOND MUNICIPAL AIRPORT.
WHEREAS, The Board of Aviation Commissioners of the Department of
Aviation, an executive department of the City of Richmond, Indiana, has
resolved by resolution passed by said Board of Aviation Commissioners, on
the day of , 1978, by unanimous vote, to enter into a lease
Agreement with the Richmond Aviation Corporation, a corporation organized
and existing by virtue of and under the laws of the State of Indiana; and,
WHEREAS, that Resolution, together with said Agreement, was presented
to the City Clerk for presentation to Common Council of the City of Richmond
and which documents were presented to said Common Council; and,
WHEREAS, The Richmond Municipal Airport is now without the services of
a Fixed Based Operator; and,
WHEREAS, The Richmond Aviation Corporation has the knowledge and
experience to successfully be the Fixed Based Operator of the Richmond Municipal
Airport.
NOW THEREFORE: Be it Ordained by the Common Council of the City of
Richmond, Wayne County, Indiana; that:
SECTION 1. It is hereby found that the Richmond Municipal Airport
exists for the public convenience and necessity for the City of Richmond,
Indiana.
SECTION 2. And further it is found that the Agreement between the
Board of Aviation Commissioners of the Department of Aviation of the City
of Richmond, Indiana, and the Richmond Aviation Commission to provide a
Fixed Based Operator for the operation of the facilities of the Richmond
Municipal Airport will be of benefit to the health and general welfare and
is in the best interest of the citizens of the City of Richmond, Indiana.
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SECTION 3. And it is further found that all acts, conditions, and
things required to be performed precedent to the passing of this Ordinance
and the execution of the Agreement have happened and have been performed in
due time, form, and manner required by law and do not exceed or violate any
law or statutory limitation.
SECTION 4. That the Agreement approved by the Board of Aviation
Commissioners of Richmond, Indiana, by resolution of said Board dated the
day of , 1978, between said Board of Aviation Commissioners
and the Richmond Aviation Corporation is hereby approved and such Agreement
shall be incorporated herein by reference and shall be inserted in the minutes
of the Common Council and kept on file by the Clerk.
SECTION 5. That the Board of Aviation Commissioners shall and are
hereby directed to execute such documents and do such acts as are necessary
to complete the transaction, on behalf of the City of Richmond.
SECTION 6. That the Mayor and Clerk are authorized and directed to
execute the Agreement approved herein, and such other documents which may be
necessary to complete this transaction.
SECTION 7. This Ordinance shall be in full force and effect from
and after its passage and signing by the Mayor.
PASSED AND ADOPTED by the Common Council of the City of Richmond.
Indiana, the day of `% oti``" 1978.
P esi ent o Co Coon
A
City er
PRESENTED to the Mayor of the City of Richmond, Indiana, this S -c4 day of
X""_`'H 4- 1978.
City C e
APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana.,
this "�' day of ���^ �'L" ' 1978.
C i is yor
ATTES .
City Clerk _ 2 -
RESOLUTION OF THE BOARD OF AVIATION COMISSIONE_RS
DEPARTMENT OF AVIATION, CITY OF RICHMOND, INDIANA
WHEREAS, the Board of Aviation Commissioners held a special
meeting, called by the President, Robert E. Brooks, with due notice
1given and received by each and every Commissioner, at 12:00 o'clock
noon the 19th day of October, 1978, at #1 Woodside Drive, Richmond,
Indiana, office of Attorney Robert L. Hudson, Jr. The Commission_
,members present constituted a quorum of the Board and there were:
Present: Robert E. Brooks, Eugene Stegall, Robert Toschlog,
Absent: Bernard N. Cole and,
WHEREAS, the President, with the meeting duly called to
iorder, offered for consideration a proposed Agreement between the
,Board of Aviation Commissioners of the City of Richmond, Indiana,
!';and Richmond Aviation Corporation pertaining to an agreement be-
�tween the Board of Aviation Commissioners of the City of Richmond,
1,iIndiana, and the Richmond Aviation Corporation, which agreement
':was negotiated between the members of the Board, its counsel, and
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,'Richmond Aviation Corporation, a copy of which is attached hereto
';land by reference made a part hereof, and is marked Exhibit "A"
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'hereof; and,
ji WHEREAS, the President submitted to members of the Board a
;copy of the proposed Agreement, and proposed Ordinance by which
iCommon Council of the City of Richmond, Indiana, would by adopt-
jing said Ordinance, approve the proposed Agreement; and
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WHEREAS, after discussion and upon motion duly made by
Eugene Stegall and seconded by Robert Toschlog, the Board of Avia
tion Commissioners voted: 3 ayes and 0 nays, to adopt the follow-,
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,ing resolution: I
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BE IT RESOLVED, the Board of Aviation Commissioners of the
Department of Aviation of the City of Richmond, Indiana, that:
1. It finds that the proposed Agreement by and between the
:Board of Aviation Commissioners of the City of Richmond, Indiana,
':and Richmond Aviation Corporation, being Exhibit "A" hereof, will
-not be detrimental to the health, safety, or welfare of the people
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of the City of Richmond, Indiana, and that it would be for the best
''interest of the people of the City of Richmond, Indiana, if such
Agreement were entered into; and,
2. The form of said Agreement, and proposed form of Ordi-
nance to be passed by Common Council of the City of Richmond, Indi
If
:ana, presented to this meeting are hereby approved.
3. The Secretary shall initial and then insert a copy of
the forms of documents approved by this meeting in the records of
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:this Commission.
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4. The President and the Secretary of the Board of Aviation
'.Commissioners are authorized and directed to execute the Agreement,
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;approved 'herein and any other documents which may be necessary or
:'desirable to complete the transaction on behalf of the City of
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'.Richmond, Indiana, by its Board of Aviation.Commissioners.
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5. A copy of this resolution, the proposed form of Ordi-
nance, and any other documents approved by this resolution shall be
;'presented by the President of the Board of Aviation Commissioners
Ito the Common Council of the City of Richmond, Indiana.
President,- 4
:Approved:
,Secret y
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AGR11M`N1'
THIS AGR1i12,tiNI' to lease made and entered into this day of
1978, by and between the IUAItD OF AVIAI'ION COMMISSIONE S of the City of
Riclmiond, a Municipal Corporation) of' the State of Indiana, hereinafter
called LESSOR and Riclunond Aviation Corporation, an Indiana Corporation,
hereinafter called LESSEL.
WITNESSET11
WHEREAS, lessor is the owner of the Richmond Municipal Airport of
Richmond, Indiana, and the owner of certain facilities, buildings, and
improvements situate on said Airport; and
WHEREAS, lessor desires to make an agreement with a fixed Base Operator
to operate and maintain certain facilities, and buildings at said Airport;
and,
WHEREAS, lessee has been a Fixed Base Operator at other airports and
desires to be a Fixed Base Operator at the Richmond Municipal Airport:
NOW THEREFORE:
Pursuant to Ordinance No. of the Common Council of the City
of Richmond, Indiana, authorizing the Board of Aviation Commissioners of
said City to enter into this Agreement to lease; and,
In consideration of the covenants of tine lessee and lessor, agreed to
be kept by each of them for the benefit of the other, it is hereby mutually
agreed as follows:
ARTICLE I.
DEFINITIONS 1. That the following words, phrases or abbreviations used herein shall
have the meaning as here set out:
a) F.B.O. shall mean Fixed Base Operator;
b) Shop Hangar shall mean a certain airplane hangar approximately
100' x 110' in size and indicated as 'Shop Hangar' on Exhibit 'A'
attached hereto and by reference made a part hereof;
c) hxecutive hangars shall mean a nest of 12 hangars constructed
in 1977-78 on the premises known as the RiclTiond Municipal Airport;
d) T-hangars shall mean two (2) nests of ten (10) T-hangars situate
on the premises known as the Richmond Municipal Airport;
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e) Administration Building shall be a concrete and brick
structure marked "Administration Building" on Exhibit 'A' hereof;
f) Leased Premises shall mean those buildings and areas which
are included in this lease and which are marked in color on
Exhibit 'A' hereof;
g) Airport shall mean the Richmond Municipal Airport;
h) Board shall mean the Board of Aviation Commissioners of the
City of Richmond, Indiana.
i) BOAC - means the Board of Aviation Commissioners
ARTICLE II.
LEASED PREMISES That the lessor does hereby lease to the lessee and the lessee does
hereby lease from the lessor the sixty thousand (60,000) square feet of
real estate and the improvements thereon, for multiple uses and purposes,
being certain buildings depicted on a map, attached hereto, and by refer-
ence made a part hereof and called Exhibit 'A', hereof, and described as
follows:
a) Shop Hangar - used for repair and storage, being approximately
thirteen thousand (13,000) square feet;
b) T-Hangar - being twenty (20) individual hangars in two (2)
nests of ten (10) each, used for storage and being approximately
nine thousand (9,000) square feet;
c) Executive Hangar - being twelve (12) individual hangars
nested in a building, used for storage and repair, and being
approximately fifteen thousand (15,000) square feet;
d) Administration Building - which shall include all of the
administration building, except the second floor, used for
administrative purposes, being three thousand (3,000) square
feet; provided that the central area of the Administration
l Building shall be maintained as a visitors' and pilots' lounge.
Excluded also are those rooms on the first floor known as
BOILER ROOM and ELECTRICAL ROOM;
e) Tie -Down Area - being so marked on Exhibit 'A' hereof;
f) Tank -Farm Area - which area shall contain ten thousand
(10,000) square feet;
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g) That in addition to all of the above specific land areas
and buildings thereon the leased area shall include ten (10) feet
in all or any direction from each .and every building herein leased;
ThaL all Lhe Grua herein lcasud shall he known as ,Intl called
herein "leased premises".
ARTICLE III.
TERM 1. That the term of this lease shall be for five (5) years commencing
on the day of 1978, notwithstanding the date of
execution hereof.
ARTICLE IV.
RI:Nr 1. 'That the lessee shall pay as rent to the lessor the sum of thirty-
six thousand dollars ($36,000.00) per annunn, payable in twelve (12) monthly
installments as follows:
January 1, $2,000.00 May 1, $4,000.00 September 1, $4,000.00
February 1, 2,000.00 June 1, 4,000.00 October 1, 2,000.00
March 1, 2,000.00 July 1, 4,000.00 November 1, 2,000.00
April 1, 4,000.00 August 1, 4,000.00 December 1, 2,000.00
to be due and payable on the first day of each calendar month, commencing on the
first day of January in each calendar year of the term hereof.
1
SLC RZITT 2. That lessee shall pay to lessor upon the execution hereof the sum
N:WSIT
of twenty thousand dollars ($20,000.00), which sum shall be known as the
security deposit for the payment of rent due under this lease and which sum
shall bear interest at eight per cent (8%) per annum during the term hereof,
and shall be payable not later than thirty (30) days after the end of each
lease year to lessee.
ARTICLE V.
1. That it is the purpose of this lease agreement to set forth the
terms and conditions under which the lessee shall operate as a Fixed Base
Operator at the Richmond Municipal Airport and it is specifically agreed by
the lessee herein to perform all functions of a Fixed Base Operator including
but not limited to:
a) Furnish fuel to aircraft.
b) Maintain and repair aircraft.
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i) ITov Idr, I itch-4ml u i r( I'll I l mni luui h .
d) Lease hangar space.
e) Own or lease by F.B.O. charter aircraft.
f) Own or lease by F.B.O. rental aircraft.
g) Provide student pilot:
1) Flight instruction;
2) Ground school instruction.
h) Maintain and operate a UNICOM system of communication.
i) Maintain an emergency radio communication system.
j) Have available parts and supplies to repair aircraft.
k) Have a factory dealership or sub -dealership of one or
more major aircraft manufacturers.
1) Have a demonstrator or aircraft available for sale.
m) Keep and maintain the leased facilities in good state of
repair and serviceability, subject to inspection by BOAC at
reasonable tunes.
n) Report to lessor promptly any failure of airport facilities
and exercise the utmost effort to cause the Richmond Municipal
Airport to be a model air -port and further the best interests
of the City of Richmond.
And in relation to the furnishing of these services the following
requirements shall be met by the lessee.
FUEL That the F.B.O. shall be required to have:
a) two (2) metered filter equipped dispensers, fixed or mobile,
for dispensing two (2) grades (80-87 and 100 octane), as available,
of gasoline from storage tanks having a minimum capacity of two
thousand (2,000) gallons each;
b) mobile dispensing trucks which shall have a total capacity
of three hundred (300) gallons for each grade of fuel;
c) storage and dispensing facilities for jet fuel;
d) separate dispensing pumps and meters for each type of fuel.
PILOT SCHOOL 3. That the F.B.O. shall cause that there be certification by the
FAA of a Pilot School; Ground and Flight School.
OPERATING 4. That it is mutually agreed that the Richmond :Municipal Airport
I IOURS
should be open for operation twenty-four (24) hours a day, seven (7)
days a week.
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S. Provided however, that the F.B.O. shall provide such services as
are required, between the hours of 7:00 a.m. and sundown, seven (7)
days a week and shall be on call during the hours of darkness.
AIRCRAFT 6. That the F.B.O. shall be required to furnish such equipment as
SINVICE.
I:I�UII'P71.N1' is necessary to operate and maintain airport, which equipment shall
include but not be Iunited to:
1) emergency starting equilcnent;
2) aircraft engine heater;
3) portable pressure tanks;
4) towing equipment;
5) oxygen supplies;
6) adequate fire extinguishers;
7) all equipment necessary to perform repairs and/or
replacement of engines;
8) all equipment and supplies necessary to perform airframe
maintenance;
9) wash aircraft;
10) sufficient equipment, supplies and availability of parts
to perform maintenance in accordance with manufacturers'
recommendations or equivalent.
AIRCRAFT 7. That the F.B.O. shall maintain an airplane dealership and in
relation thereto have on display and available for sale one or more
aircraft.
That the I.B.O. shall have available at all times at least two
owned or leased to I.B.O. aircraft which are available for charter
service, certified under FAA Regulations.
That the F.B.O. shall have available at all tunes two or more
aircraft owned or leased to F.B.O. which may be either rented to a
qualified pilot or which may be used for pilot instruction, certified
by FAA.
That the F.B.O. shall keep a roster of aircraft on the leased premises
which aircraft are owned by others that are available for lease or rent
to qualified pilots; a roster of hangared aircraft shall be available
at all times, by plane number and hangar number.
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That the aircraft as herein specified, whether owned or leased,
shall meet all relevant requirements of Part 135 of the FAA Regulations.
That all leases or rentals of aircraft.by the F.B.O. shall be
evidenced by a w[•itten aAI'C(111e11t.
PERSONNEL,
b. That the F.B.O. shall have such personnel on duty during operating
hours:
AIRCRAFT SALES
a) one person with a current COMMERCIAL PILOT'S certificate with
rating appropriate for type of aircraft to be demonstrated for
the purpose of selling aircraft;
AIRCRAFT'
b) one person currently certified by FAA with ratings appropriate
MAINTENANCE
for the work being performed, who may hold an airframe and/or
power plant rating to maintain aircraft;
FLIGHT
c) one person properly certified by FAA as flight instructor to
INSTRUCTION
cover the type of training offered, including but not limited to:
1) instrument rating;
2) ground school instructor;
3) flight instructor (non -instrument);
FULL -SERVICE
d) one person, properly trained, who shall be on duty during
operating hours to dispense aviation fuels and oil and provide
other related services;
AIRCRAFT REPAIR
e) one FAA certificated repairman qualified in accordance with
the terms of the Repair Station Certificate to repair aircraft;
CHARTER SERVICE
f) one person properly certified to fly charter flights, being
certified under Part 135 of the Federal Aviation Regulations
for charter flights.
Multiple responsibilities may be assigned to personnel to meet
personnel requirements for all activities provided however, that
only one person may not meet all requirements.
Ail F.B.O. operations shall be in accordance with state and local
laws and FAA Regulations.
ARTICLE VI.
1. That lessee agrees to operate the leased premises for the use and
benefit of the public.
a) To furnish good, prompt and efficient services adequate to
meet all of the demands for its services at the airport.
b) To furnish said services on an equal, fair and non-
discriminatory basis to all users thereof; and
c) To charge fair, reasonable and non-discriminatory prices
for each unit oT sale or service, provided however non-
disrr•iminator•y discowits May he cillowed to volwoe purchaser,.
2. That the lessee hereof' does covenvit I'or lessee his personaL
representative, successor in interest, and assigns as a part of the
consideration hereof, as a covenant running with the land that:
a) No person, on the grounds of race, color, sex, or national
origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in
the use of said facilities.
b) In the construction of any improvements on, over, or under
such land, leased hereunder and the furnishing of services thereon,
no person on the grounds of race, color, sex, creed or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination.
c) The lessee shall use the leased premises in compliance with
all other requirements by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Sub -title A,
Office of the Secretary, Part 21, Non-discrimination in federally
assisted programs of the Department of Transportation -Effectuation
of Title IV of the Civil Rights Act of 1964, and as said regulations
may he amended.
3. 'That it is clearly understood by the lessee that no right or
privilege has been granted which would operate to prevent any person,
firm, or corporation operating aircraft on the airport from performing
any services on its own aircraft with its own regular employees that
it may choose to perform.
4. That it is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an exclusive
right.
5. Lessor reserves the right to further develop or improve the landing
area of the airport as it sees fit, regardless of the desires or views
of the lessee, and without interference or hindrance.
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6. Lessor reserves the right, but shall not be obligated to lessee,
to maintain and keep in repair the landing area of the airport and
all publicly awned facilities of the airport, together with the right
to direct and control all activities of lessee in this regard.
7. During the time of war or national emergency lessor shall have
the right to lease the landing area or any part thereof to the
United States Government for military or naval use, and if such
lease is executed the provisions of this instrument insofar as they
are inconsistent with the provisions of the lease to the Government
shall be suspended.
8. This lease shall be subordinate to the provisions of any existing
or future agreement between lessor and the United States, relative to
the operation or maintenance of the airport, the execution of which
has been or may be required as a condition precedent to the expenditure
of federal funds for the development of the airport.
All lessee personnel required to hold FAA Certificates and ratings
and shall maintain such certificates and ratings.
9. The F.B.O. shall cause to be available rental car service and have
available such communication facilities as necessary for occupants of
aircraft to secure ground transportation.
ARTICLE VII.
1. That the F.B.O. shall provide insurance, naming the lessor hereof
as a coinsured on all of its operations including but not limited to:
a) Aircraft Liability, both owned and unowned aircraft and aircraft
held for sale:
1) bodily injury
property damage
2) comprehensive public
liability
property damage
b) Hangar Keeper
1) liability
c) Products Liability
$100,000.00 each person
300,000.00 each accident
100,000.00 each accident
100,000.00 each person
300,000.00 each accident
100,000.00 each accident
100,000.00 each accident
100,000.00 each accident
on type of plane and services
rendered.
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kI tih1dunl hnLI I4rnl01. Pi lul
1) public liability-BI $100,000.00 each person
BI 300,000.00 each accident
2) passenger liability-BI 100,000.00 each person
BI 300,000.00 each accident
3) student and/or renter-BI 300,000.00 each accident
PD 100,000.00 each accident
2. That the F.B.O. shall have insured to value all structures and/or
buildings herein loused, naming lessor as coinsured, by an insurance company
authorized to do business in the state ol- Indiana, against any loss by fire,
windstorm or any other casualty. Any moneys received by lessee from an in-
surance company as a result of any loss or damage pursuant to the terms of
this section shall be held by lessee for the benefit of lessor and used as
set out in Article XI, No. 2.
3. That any vehicle owned by lessee which is used in or about the leased
premises shall have insurance thereon, naming lessor or coinsured with respect
to the liability coverage on said vehicle; provided further that any vehicle
which is used to transport personnel of any kind, employees or non -employees,
to or froml the leased premises to any other place, by or at the direction of
the lessee shall be similarly covered by liability insurance.
INIII. NI- 4. That the I.B.O. shall protect and hold ha nidess the lessor from any
FI(:NfION
and all claims whatsoever, including Bodily Injury and Property Damage from
any occurrence whatsoever which occurrence shall be from an act or acts, an
omission to perform an act or acts to be performed or required to be performed
by the lessee under the terms and conditions of this lease, or not under the
terms of this lease, whether the occurrence occurred on the leased premises
or elsewhere.
IM,ICLI; VIII.
1. That the lessee shall be in (ICIALllt under the tUrIIIS of this ICaSC
Ill;FIUILI'
it' any of the Collowuik events occur:
a) lessee shall fail to pay rent when due;
b) lessee shall fail to keep any covenant agreed to be performed
under this lease;
c) lessee shall not provide the facilities or services set out
above which are called the duties of the F.B.O.
d) if lessee shall file a voluntary petition in bankruptcy, or
shall be adjudicated as bankrupt or insolvent, or shall make an
assignment for the benefit of creditors, or shall file any
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DISPUTE
d) continued
petition or answer seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar
relief under the present or future federal bankruptcy act or
any other present or Future applicable federal, state or other
statute or law; or shall ,euk or consent to or acquiesce in or
fail within ninety (90) days to set aside the appointment of
any trustee, receiver, or liquidator of lessee or of all or
any substantial part of its properties or of demised properties;
such event shall be an 'event of default'.
That if there shall be an event of default as specified in "d"
above, in addition to this lease being terminated by such default, all
rent then due or which would become due shall in such event be due and
payable at the time of such default and shall be liquidated damages for
the loss of the bargain and not as a penalty.
2. That upon the lessee being in default as set out above, the lessor
shall declare a default of this lease by lessee and shall give notice
to lessee in writing of such default setting out in detail the basis of
such default.
3. That such notice shall be given to lessee by lessor in writing, by
U.S. certified mail, and if lessee shall not correct such default within
thirty (30) days of the receipt of such notice the lessor may in such event,
at its option, declare this lease terminated.
4. That in the event this lease shall be terminated by reason of a default
the lessee shall forfeit the aforesaid security deposit. Provided further
that lessee, if this lease is terminated by default, shall not surrender
the herein leased facilities in as good a condition as they were at the
inception of this lease and the security deposit be insufficient to repair
or replace said facilities the lessee shall be liable for such additional
amount of money as is necessary to so replace or repair said herein leased
facilities.
2. a) That any dispute as to the ekistence of a default shall be settled
by submitting the evidence of such dispute to a panel of three (3) persons,
all non-residents of Wayne County, one selected by each party hereto and
the third selected by the State Board of Aviation Commissioners of Indiana.
b) That any dispute relining to tho condition Or the herein
leased facilities at the termination of this lease for any cause
shall be settled as set out in No. 2 above.
3. That upon termination of this lease by the ending of the term the
lessee shall receive on such termination the security deposit plus eight
per cent (8%) annual interest thereon, provided however if lessee shall
not surrender the facilities herein leased in as good a condition as they
were at the inception of this lease, the cost of repair or replacement of
such facilities shall be deducted from said security deposit.
ARTICLE IX.
EXCLUSIVE, 1. That nothing in this lease shall be construed to give the lessee
RIGHTS
ITS
any exclusive right to conduct business as a Fixed Base Operator at the
Richmond Municipal Airport, it being specifically agreed that lessor may
construct and lease such facilities at said airport as it may deem in the
best interest of the City of Richmond, provided that no contract or lease
agreement entered into by the lessor hereof shall be more advantageous to
any other lessee than this lease agreement to the lessee herein.
2. That upon the failure of lessee to provide any service to the
public, herein required to be furnished, that lessor may upon written notice
to lessee, but not sooner than thirty (30) days after receipt of such notice
by lessee, provide such service.
3. That upon failure of lessor to provide any service to lessee or to
the public the lessee may provide such service and deduct the cost of from
the next payment of rent which shall become due after reasonable notice to
lessor.
4. That should lessor object to such acts as set out in No. 3 next
above, the dispute shall be settled as set out in Article VIII, No. 2,
a) hereof.
ARTICLE X.
UTILITIES 1. That lessor shall furnish all water used on the Richmond Municipal
Airport at its sole expense.
2. That lessor shall furnish electricity to the airport lights as
hereinbefore set out and to the administration building at its sole expense.
3. That lessee shall furnish electricity to all other buildings on
said Richmond Municipal Airport at its sole expense, including hangars.
4. That lessee shall have at least one private telephone line and
shall have installed and keep one (1) pay telephone which shall be available
to the public twenty-four (24) hours a day, seven (7) days a week, at its
sole expense.
S. That lessor shall have a private telephone line independent of'
any telephone line of lessee at its sole expense.
6. That lessee shall furnish at lessee's sole expense any and ail
utilities required at the Richmond Municipal Airport not specifically set
out above.
7. That lessee shall maintain and operate any and all communication's
system necessary and usually in operation at an airport, including but not
limited to a UNICOM system.
8. That lessor will keep cut to a neat and attractive appearance all
grass areas not under cultivation at its sole expense; however the moving
of aircraft in tie -down for purpose of grass cutting will be done solely
by lessee, and all the leased premises shall be kept neat and clean by
the lessee, including leased grass areas.
9. That lessor will have the duty to clear all runways, taxiways,
aprons, parking areas, roads, and driveways of snow, provided that no more
than two (2) persons shall be required to be so employed at any one time,
nor shall any person so employed be required to work more than eight (8)
hours in any one day.
10. That lessor will have duty to keep and maintain all airport
lighting, including beacon, taxiway lights, runway lights, and landing
lights in good operating condition, except that which is maintained and
paid for by lessee.
11. That lessor shall furnish receptacles for trash and rubbish and
these shall be emptied twice weekly, if necessary. The lessee shall cause
all trash and rubbish for which lessee or lessee's customers generate to
be placed in above said receptacles daily.
12. That lessor shall have the duty to heat the Administration Building
to a temperature of 68 degrees at all times from November 1 to May 1.
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13. That lessee shall provide all other- heat fur any ,uul all build
ings which it occupies under this lease to the degree required for the
purpose of such buildings.
14. That lessee will maintain a certain electric identification sign
adjacent to Highway #227 on said Airport and keep lighted during all hours
of darkness.
ARTICLE XI.
DESTRUCTION 1. In the event of damage, destruction or loss to improvements or
011 facilities herein leased by lessee which damage or loss is not capable of
i REMI SITS
being repaired, replaced, restored or rebuilt within one hundred eighty
(180) days, the lessee shall have the option to terminate this agreement
by giving written notice of such intention to terminate within sixty (60)
days after the occurrence of such event, effective as of the date of the
receipt of such notice.
2. In the event of any damage, destruction or loss to improvements
or facilities which are insured as set out in Article VII, No. 2, the
lessor agrees that it will promptly use the proceeds of such insurance
to replace, restore, or repair such loss.
ARTICLI: XI 1.
FAXES 1. The lessee agrees that it shall be solely responsible for lawful
taxes, or assessments levied by the State of Indiana, Wayne County, or
the Municipality of Richmond, Indiana, or any other tax or assessment
levying bodies with respect to the herein leased premises.
ARTICLE XIII.
OPTION 1. That upon the termination of the initial term hereof the lessee
shall have the option to renew this lease upon the following conditions:
a) that all covenants agreed to be kept by lessee have been
adhered to and kept;
b) that this lease is not in default;
c) that the annual rent set out herein shall be increased by
an amount equal to one-half (1/2) of the increase in the cost J
of living index, times thirty-six thousand dollars ($36,000.00);
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ASSIMENT
NOTICES
d) that the lessee maintain the security deposit at the
same amount as set out in this lease;
e) that all terms and conditions of this lease shall continue
in full force and effect throughout the additional term, except
that this option shall be of no effect at the end of this
optional term;
f) that the optional term shall be for a term of five (5) years;
g) that at the termination of the optional term the lessee shall
have the right of first refusal of a new F.B.O. contract.
ARTICLE XIV.
1. .That this agreement shall inure to the benefit of the parties
hereto, their heirs, successors or assigns, provided however that this
lease or any renewal thereof shall not be transferred, assigned, or
otherwise disposed of by the lessee to any person, persons, partnership,
trust, corporation, or.any other entity whatsoever without the written
consent of lessor.
2. That all notices sent because of any provision of this lease
shall be in writing and sent by U.S. mail, registered, with a return
receipt, and shall be effective as of the date of receipt as stamped
or written on the return receipt by the postal authority making the
delivery.
3. Notices given to lessor shall be sent to:
Board of Aviation Commissioners
Municipal Building
50 North Sth Street
Richmond, Indiana 47374
Notices given to lessee shall be sent to:
Kevin Oxley
Box 197, R.R. #4
Winchester, Indiana 47394
Or addressed to such other place as the parties shall give notice.
ARTICLE XV.
CONDITION PRECEDENT TO THIS AGREEMENT BECOMING EFFECTIVE
It is mutually understood and agreed between the parties hereof that
this agreement shall be of no force or effect until and unless a certain
agreement to terminate the present lease between Sky -Tech, Inc. and the City
of Richmond, Board of Aviation Commission is signed and becomes effective
14 -
and further provided that this agreement shall be ratified and approved
by the Coimnon Council of the City of Richiiond, Indiana.
NYfICIA: XVI.
Nit SU?LIJW1iOUS I. The lessor shall have the right to inspect the leased premises
PROVISIONS
at any reasonable time.
2. The lessee or lessor shall have the right to record this lease.
3. This lease contains the entire agreement between the parties
and cannot be modified, altered or changed except by written agreement
of the parties.
4. If any provision of this lease shall be declared invalid or
unenforceable the remainder of the lease shall continue in full force
and effect.
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IN WITNESS WHEREOF, the parties have executea tnese present,.eacn tor
themselves and their successors and assigns on this day of
, 1978.
LESSOR:
BOARD OF AVIATION COMMISSIONERS
OF '111E CITY OF RICHMOND, INDIANA
President
Secretary
Member
Member
LESSEE:
APPROVED:
Mayor, My of Ric]-diiond, Indiana
DATE:
Preside
Secretary
BEFORE ME the undersigned, a Notary Public
in and for t e tate o In iana anCounty of Wayne, personally appeared
Robert E. Brooks, Eugene Stegall, Robert Toschlog, and Bernard N. Cole,
known to me to be the persons of the Board of Aviation Commissioners of the
City of Richmond, who executed the foregoing lease and who acknowledged that,
they being duly authorized by ordinance of the Common Council of the City of
Richmond, Indiana, signed said lease for and on behalf of said Board and City.
IN WITNESS WHEREOF, I have hereinto set my hand and notarial seal this
day of October, 1978.
otary is
My Commission.Expires:
BEFORE ME an the undersigned, a Notary Public
in and for t e State o I Tana Coandty of Wayne, personally appeared
personally own to me to e t e RESIDENT SECRETARY respectively o
an Indiana corporation w io execut [III: oregoing lease an acnowledged
that they, being duly authorized by resolution of the Board of Directors of
said corporation signed said lease for an on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial Oseal at 1978.
this day of
My Commission Expires:
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Notary Public
EXHIBIT "A"
BLACK - Executive Hanger
BROWN - Shop Hanger
Green - Administration Building
RED - Old T-Hanger
BLUE - Tie Down Space