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HomeMy WebLinkAbout52-74 RESOLUTIONRESOLUTION NO. .5;2-74 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute agreements with National Car Rental, Baker Car and Truck Rentals, and Carco Rentals, whereby said companies lease certain spaces at Drake Field for the operation of car rental agencies. A copy of said agreements, marked Exhibits "A", "B", and "C" are attached hereto and made a part hereof. PASSED AND APPROVED THIS c,apit DAY OF 34-4jy 1974. leAren ATTEST, - :41/4 44! '6i.L/V211427444-34t A CITY Ch RK .e7cAS . • tv. !%.•• APPROVED: aia-Lat .J 1;2(441 MAYOR •r] LEASE This agreement made and entered into by and between the City of Fayetteville, Arkansas, hereinafter referred to as Lessor, and Carco Rental hereinafter referred to as Lessee. WITNESSETH: WHEREAS, the Lessor owns, operates, and maintains an Airport known as Fayetteville Municipal Airport 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 Car Rental Booth, located in the Fayetteville Municipal Airport Terminal Building, as shown in the Terminal Building plat attached hereto, marked Exhibit A, consisting of sixty (60) square feet, more or less. 2. The premises herein let shall be used only for the purpose of arranging for automobile rental service for outgoing passengers using the Airport at their destinations. 3. •Lessor hereby further grants to Lessee, •subject to the terms and conditions hereinafter contained, the right to conduct and operate an automobile rental concession 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 corporation for engaging in like activity at the Airport. Lessor shall not, however, grant to any individual, firm, or corporation other than Lessee an automobile rental concession on terms or conditions more favorable in any respect than those herein granted Lessee. 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 $250.00 per month base fee; $50.00 per month for parking lot, plus $.03 per enplaned passenger per month, payable on the first day of each month during the term of this lease. 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 automobile rental at the Airport on a fair and reasonable basis, and to charge prices for such services in accordance with its usual standards, and an amount substiantially similiar to those charged for similiar services at other Airports of similiar size,fand in the same general area (b) Lessee shall maintain, at his own expense, all automobiles or equipment in good operative order,• free from mechanical defects, and in a clean, neat, attractive condition inside and outside. (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 supplying automobile rental service at 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 a loud, noisy, boisterous, offensive or objectionable manner, nor permit said 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) That Lessee will meetTill expeliTscs,in connection with the leased premises hereunder, and the rights and privileges herein granted, including without limitation by reason of enumeration, 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. '4. 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 _N persons, or loss or damage to property resulting from Lessee's 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 Lessee's sole expense, general liability insurance protecting Lessor against liability which may accrue against Lessor by reason of Lessee'e wrongful conduct incident to the use of the leased premises, or resulting from any accidents 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 $100,000.00 for personal injury or death of any one person in any one accident, the minimum sum of $300,000.00 for personal injury or death of two or more persons in any one accident, and the minimum sum of $25,000.00 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 $100,000.00 for personal injury to, or death of, any one person in any one accident, and liability limits of $300,000.00 for personal injury or death of two or.more persons in any one accident, and $25,000.00 for damage to property in any one accident. Lessee shall provide certificates evidencing all such insurance to the City Controller of Lessor. 8. In the event that Lessee shall default in the payment of any sums due hereunder, or shall dafault 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 + 4 40. • assignment for the benefit of creditors, or be adjudged a bankrupt, 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 substiantial part thereof to such an extent as to materially interfere Or in the event of destruction by fire or with Lessee's operations, other cause of all, or a material portion, of the Airport or airport facilities, or if Lessee's operations shall for any reason, similiar or dissimiliar, be materially interferred with for a period in excess of fifteen (15) days, then, and in any of -these events, Lessee shall have the right upon written notice to Lessor to terminate this agreement, and Lessee's further obligations hereunder, or at its option, to suspend this agreement for the periods of such disability. 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, any signs without obtaining the advance consent and approval of the City Building Inspection Superintendent of Lessor. 11. This agreement shall not be varied in its terms by any oral agreement or representation, or otherwise than by an instrument in writing of subsequent date hereto executed by both parties by their duly authorized representatives. 12. The term of this agreement shall commence on the first day of April 1974, and terminate on the 31st day of March 1977, 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 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 1 • 4 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 this 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. IN WITNESS WHEREOF, the parties hereto executed this agreement this // day of 24,...1,10,e1 , 1974. ATTEST: oLcipailineilc ATTEST: LESSOR: CITY OF FAYETTEVILLE By: MA ‘1467‘.27 6.27, 4OR LESSEE: CARCO RENTAL