HomeMy WebLinkAbout04-88 RESOLUTION SA NFD
RESOLUTION NO. 4-88
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT WITH
CHARLES COLE FOR A LIMOUSINE RENTAL BOOTH AND
TWO PARKING SPACES AT THE FAYETTEVILLE d
MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a lease agreement with Charles Cole for a
limousine rental booth and two parking spaces at the Fayetteville
Municipal Airport (Drake Field) . A copy of the lease agreement
authorized for execution hereby is attached hereto marked Exhibit
"A" and made a part hereof .
PASSED AND APPROVED this 5th day of January , 1988
APPROVED
By: / iIQi11
Mayor
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LEASEMIOROMNSO
This agreement, made and entered into by and between the City
of Fayetteville , Arkansas, hereinafter referred to as Lessor, and
Charles Cole, hereinafter referred to as Lessee:
W I T N E S S E T H:
WHEREAS, the Lessor owns, operates, and maintains an Airport
known as Drake Field in the County of Washington, State of
Arkansas, and,
WHEREAS, the Lessee desires to lease and rent certain space
therein for the purpose hereinafter set forth, and the said Lessor
is willing to lease, let and demise the space and premises to the
extent hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual agreements and
covenants hereinafter set forth, and the payment of the rents
hereinafter provided by the Lessee to the Lessor, it is agreed:
1. Lessor hereby leases to Lessee and Lessee hereby hires
and takes from the Lessor for the purpose herein enumerated,
premises and facilities consisting of one Airport Limousine Rental
Booth, located in the Fayetteville Municipal Airport Terminal
Building, as shown in the Terminal Building plat attached hereto,
marked Exhibit "A" , consisting of approximately 69 sq. ft. of
space in the Airport Terminal Building and two ( 2 ) parking spaces
to be designated by Lessors Airport Manager. Said leased
premises and parking spaces shall be for Lessees exclusive use.
Lessor shall designate the leased parking spaces, by the use of
pavement markings , as "Limousine Parking Only. "
2. The premises herein let shall be used only for the
purpose of arranging for Airport limousine service.
3 . Lessor hereby further grants to Lessee, subject to the
terms and conditions hereinafter contained, the right to conduct
and operate an airport limousine service at the Airport for the
purpose aforesaid. This shall not be construed to be an exclusive
concession, and Lessor shall have the right to deal with, and
perfect arrangements with, any other individual, firm, or corpora-
tion for engaging in like activity at the Airport.
EL
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4 . Lessee agrees to pay Lessor as rental for use of the
premises leased to it hereunder, and for the rights and privileges
herein granted by the Lessor, the sum of $ 92.73 per month base
fee, and $25 . 00 per parking space per month, payable by the 10th
day of each month. In the event Lessee does not pay said rental
on or before the due date, Lessee shall pay a penalty equivalent
to 10% of the amount due. Said penalty shall be compounded
monthly until the rental and penalty are paid in full.
5. Lessor will furnish janitorial and refuse disposal
services and utility services consisting of electricity, heating
and air conditioning for the premises leased hereby.
6 . Lessee agrees:
( a) To furnish good, prompt, and efficient service adequate
to meet all reasonable demands for airport limousine service at
the Airport and to charge a fare for such service not in excess of
$8 . 00 per passenger, one way from point to point.
(b) Lessee shall maintain, at his own expense, all Airport
limousines in good operative order, free from mechanical defects,
and in a clean, neat., attractive condition inside and out .
(c) Lessee shall maintain the facilities herein rented, and
keep the same open for such periods during each day, and for such
days , during each week as may be necessary to meet reasonable
demands for said services, and Lessee may install a direct
telephone line to any other office or place of business of the
Lessee or Agency with which he is affiliated for the purpose of
providing limousine service at the Airport to patrons during the
periods when other automobile rental facilities are closed,
provided, however, no permanent change shall be made in any part
of the Airport Terminal Building.
(d) Lessee shall abide by, and be subject to, all reasonable
rules and regulations which are now, or may from time to time be
formulated by Lessor concerning management, operation, or use of
said Airport, and Lessee shall not permit its agents , servants, or
employees to conduct business in said Airport in loud, noisy,
boisterous, offensive or objectionable manner, not permit said
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employees to solicit and/or conduct business outside the space
assigned to Lessee in any manner, except through the use of signs,
which are qualified further in this contract. It being further
understood that neither Lessee or employees shall be permitted to
stand or sit in the lobby area during arrival or departure of
flights.
(e) Areas utilized by Lessee shall be maintained in a clean
and attractive condition. Any materials or trash removed from
vehicles shall be placed in proper trash receptacles.
(f) That Lessee will meet all expenses in connection with
the leased premises hereunder, and the rights and privileges
herein granted, including without limitation by reason of enumera-
tion, taxes, permit fees, license fees, and assessments lawfully
levied or assessed upon premises or structures and improvements at
any time situated thereon, and that it will secure all required
permits and licenses. •
7 . Hold Harmless:
(a) Lessee shall • keep and hold harmless Lessor from and
against any and all claims, demands, suits , judgments, costs and
expense asserted by any person or persons, including agents or
employees of Lessor or Lessee, by reason of death or injury to
persons, or loss or damage to property resulting from Lessees
operation hereunder, or sustained in or upon the leased premises ,
or as the result of anything claimed to be done or omitted to be
done by Lessee hereunder.
(b) Lessee shall obtain and maintain continuously in effect
at all times during the term hereof , at Lessees sole expense,
general liability insurance protecting Lessor against liability
which may accrue against Lessor by reason of Lessees wrongful
conduct incident to the use of the leased premises , or resulting
from any accident occurring on or about roads , driveways, or other
public places used by Lessee at the Airport in the operation
hereunder. Such insurance must be in the minimum amount of
$25 ,000 .00 for personal injury or death of any one person in any
one accident, the minimum sum of $50 ,000 . 00 for personal injury or
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death of two or more persons in any one accident, and the minimum
sum of $15 ,000 . 00 covering property damage, and shall name Lessor
as a co-insured thereunder. Lessee shall also, without cost to
Lessor, obtain and maintain during the term hereof , automobile
insurance providing against loss or damage to persons or property
from operation of automobile hereunder, with liability limits of
not less than $25 , 000 . 00 for personal injury to, or death of , any
one person in any one accident, and liability limits of not less
than $50 ,000 . 00 for personal injury to, or death of two or more
persons in any one accident, and not less than $15 , 000 . 00 for
damage to property in any one accident. Said policy shall include
passenger hazard coverage. Lessee shall provide certificates
evidencing all such insurance to the Finance Director of Lessor.
8 . In the event that Lessee shall default in the payment of
any sums due hereunder, or shall default in the performance of any
other covenant required to be kept by Lessee hereunder, and such
default shall continue for a period of thirty ( 30 ) days after
notice thereof from Lessor to Lessee, or if Lessee shall make an
assignment for the benefit of creditors, or be adjudged a bank-
rupt, Lessor shall have the right to immediately terminate this
agreement, and in the event of such termination, Lessee shall have
no further rights hereunder, and shall thereupon remove from said
premises and shall have no further rights or claims thereto.
9 . In the event that the United States Government, or any
of its agencies , shall occupy the Airport or any substantial part
thereof to such an extent as to materially interfere with Lessee' s
operations, or in the event of destruction by fire or other cause
of all, or a material portion, of the Airport or airport facili-
ties , or if Lessees operations shall for any reason, similar or
dissimilar, be materially interfered with for a period in excess
of fifteen ( 15 ) days , then,m and in any of these events, Lessee
shall have the right upon written notice to Lessor to terminate
this agreement, and Lessees further obligations hereunder, or as
its option, to suspend this agreement for the periods of such
disability.
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10 . Lessee agrees that it will not erect or maintain, nor
permit to be erected or maintained, at its place of business in
the Airport Terminal, any signs without obtaining the advance
consent and approval of the Airport Manager.
11 . This agreement shall not be varied in its terms by an
oral agreement or representation, or otherwise than by an instru-
ment in writing of subsequent date hereto executed by both parties
by their duly authorized representatives.
12 . The term of this agreement shall be for a period of one
year commencing on the 1st day of January, 19 ,S , and terminating
on the 31st day of December, 19 $5 , unless sooner terminated for
breach of the provisions hereof .
13 . Non-Assignable. This agreement is personal to Lessee
and shall not be assigned in whole or in part, nor shall Lessee
have any authority to sublet or subcontract any of the rights or
duties herein conferred without the written consent of Lessor
first had and obtained; provided, however, the transfer hereof to
a successor corporation by merger or consolidation with Lessee
shall not be deemed a breach of this condition; and provided,
further, that in the event Lessee is a member of some national
system and has been duly appointed for the performance of this
contract by such national system, then any and all privileges and
rights granted Lessee hereunder may extend to and be enjoyed by a
substitute Lessee appointed by the same system; provided, however,
Lessee shall continue always to remain directly liable to Lessor
for the performance of all terms and conditions of the agreement,
and such substitute Lessee shall additionally be bound for the
performance of the terms and conditions hereof .
14 . Lessee will not, on the grounds of race, color, creed,
or national origin, discriminate or permit discrimination against
any person or group of persons in any manner prohibited by Federal
Aviation Regulations, for breach of which Lessor shall have the
right to take such action as the United States may direct to
enforce compliance.
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IN WITNESS WHEREOF, the parties hereto executed this agree-
ment this day of , 19 S
CITY OF FAYETTEVILLE, ARKANSAS
Lessor
By: 19y _,449-,_-/
Ma or
ATTEST
By:
t Clerk
CHARLES COLE
Lessee