HomeMy WebLinkAbout113-80 RESOLUTION•
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RESOLUTION NO. /43-i0
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LEASE WITH WARD -POWER MANAGEMENT, INC.
FOR THE OPERATION OF A PUBLIC RESTAURANT AT THE
NEW TERMINAL BUILDING AT THE FAYETTEVILLE 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 Ward -Power
Management, Inc. for the operation of a public restaurant
at the new Terminal Building at the Fayetteville Municipal
Airport. A copy of the lease authorized for execution
hereby is attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED thisQ%np/ day of eQ,tpy,Apt;J
1980.
APPROVED:
MAYOR,
ATTEST:
CITY CLERK
s, ^1 CERTIFICATE OF RECORD
'l a
State of Arkansas�;<<` . `fes % City of Fayetteville ( SS
"' I, Bonnie Goering, City Clerk and Ex -Officio
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MICROFILMED
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recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
of record in my office and the sane ap-
pears in Ordinance & Resolution book
at page • Witness my
hand and seal this -c>21 -n, day of
9
/ ,a)w ,,.i
City Clerk and Ex -Officio Recorder
Am-
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LEASE AGREEMENT
AIR S -1L/
0SSS
MICROFILMED
This Agreement executed this /Sday of .t)ECOviBe2.,,
1980, by and between the CITY OF Fj YETTEVILLE, ARKANSAS,
hereinafter called "Lessor", and WARD -POWER MANAGEMENT,
INC., hereinafter called "Lessee".
In consideration of the mutual covenants contained
herein, Lessor and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, 1,144.5 square feet of floor space, more
or less, in the new Terminal Building at the Fayetteville
Municipal Airport (Drake Field) which floor space is more
particularly identified on the floor plan attached hereto
marked Exhibit "A" and made a part hereof.
2. Lessee shall establish and operate a fast food
service on the demised premises:. Said fast food service
shall be open to the public not less than twelve (12)
hours per day seven (7) days each week and shall be open to
coincide with regularly scheduled airline passenger service
at the Airport. All necessary equipment and furnishings or
structural alterations shall be installed or made by Lessee
at Lessee's cost. Lessee agrees to provide food service as
outlined in the letter dated October 22, 1980, attached
hereto marked Exhibit "B" and made a part hereof.
3. Lessee shall be permitted to serve beer and light
wines for..on-premise consumption provided Lessee has obtained
all required federal, state and local permits.
4. The term of this Agreement shall be for a period
of five (5) years from the execution date with the schedule
of payments and rate to be renegotiated each twelve (12)
months; provided, either party may terminate this,Agreement
by giving sixty (60). days written notice of termination to
the other party.
5. Lessee shall pay Lessor as rent for use of the
demised premises during the term of this Lease eight per
-2 -
cent (8%) of Lessee's gross sales per month on the demised
premises or $1,144.50 per month, whichever is higher. The
term "gross sales" as used herein shall mean Lessee's actual
selling priceof all goods, merchandise, food and beverages
sold on the demised premises, including beer and light
wines, and excluding any taxes or imposition billed separately
to the purchaser. The term "gross sales" shall also include
receipts from electronic games located on the leased premises.
Said rent shall be payable within twenty (20) days after
expiration of each month under this Lease and shall be
accompanied by a sales report on forms to be prescribed by
Lessor's Airport Manager.
6. Lessee shall maintain at all times a current,
complete re?Sfu of account of all sales. Lessor shall have
complete access to said record of accounts during all reasonable
hours and shall have .the right to inspect Lessee's books and
records of business and transactions including, but not
limited to, cash register tapes, sales tickets and tax
returns or reports. Lessee shall furnish to Lessor a copy
of all sales tax reports filed by Lessee in the office of
the Commissioner of Revenues of the State of Arkansas.
7. Lessor shall pay for all gas, electricity, water
service and sewer services provided to the demised premises.
Lessee shall pay for sanitation service, telephone services,
and any other utility services desired by Lessee.
8. If the demised premises shall be partially damaged
by fire, or any other cause, but shall not be rendered
untenable, Lessee shall repair said premises at Lessee's
expense as soon as possible and Lessee's obligation to pay
rent shall not be abated. If, however, the demised premises
shall be damaged by fire or any other cause, so as to render
said premises untenable, Lessor shall repair the premises at
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Lessor's expense as soon as possible and Lessee's rental
payments shall be abated from the date of such damage until
the premises are made tenable.
9. During the term of this lease, Lessee shall maintain,
at Lessee's expense, the following insurance coverage with
solvent insurance companies authorized to do business in the
State of Arkansas:
a) Workmen's Compensation Insurance as required
by Arkansas Law.
b) General public liability insurance with limits
of not less than $100,000.00 for injury or
death of one person; $300,000.00 for injuries
or deaths in any one accident; and $20,000.00
for property damage in any one accident.
Lessee shall provide certificates evidencing all such insurance
to the City Clerk of Lessor.
10. Lessee agrees to hold Lessor harmless from any
claim, expense, loss or liability suffered or occasioned as
a result of Lessee's use or occupancy of the demised premises.
11. Lessee agrees that it will not, on the grounds of
race, color, or national origin, discriminate or prevent
discrimination against any person or group of persons.
12. The executed Certification of Equal Employment
Opportunity attached hereto marked Exhibit "C" is hereby
made a part hereof.
13. The executed Certification of Non -Segregated
Facilities attached hereto marked Exhibit "D" is hereby made
a part hereof.
14. The parties acknowledge that it is the policy of
the Fayetteville Municipal Airport that minority owned
business enterprises and female owned business enterprises,
hereinafter called MBE, as defined in 49 CFR, part 23,
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• hereinafter called the "Regulations", shall have the same
maximum opportunity to participate in the performance of all
Airport contracts awarded by the City, and that MBE requirements
of the Regulations shall be included in and become a binding
part of such contracts awarded to contractors, sub -contractors,
vendors, and other entities. The parties further acknowledge
that it is the policy of the Fayetteville Municipal Airport
that it shall not discriminate on the basis of race, color,
national origin, orsex in the award and performance of all
Airport contracts. The MBE requirements of 49 CFR part 23
are incorporated herein by reference thereto.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above written.
z✓T. ..ems
C.ty_': Clerk
ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
By:
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WARD -POWER MANAGEMENT, INC.,
LESSEE
By:
President
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Exhibit A - Page 2
WARD -POWER MANAGEMENT, INC. 3155 NORTH COLLEGE, SUITE 1 FAYETTEVILLE, AR 72701
October 22, 1980
Mr. Don Grimes
City Manager
City of Fayetteville
Fayetteville, Arkansas 72701
Dear Don:
PHONE (501) 442-4433
Per our meeting yesterday in Ede Hogue's office, I would like to give
you an idea of the direction and plans John Power and I have for the
operation of the Airport Restaurant.
As you are aware, we have been limited somewhat in menu selection due
to the health department's requirements and our lack of a lease. How-
ever, upon gaining a lease from our bid, John and I do have specific
plans for the Airport Restaurant.
1. We are prepared to install a cooking grill to enable us to
greatly expand our present menu selection. This will be a
great boost for the breakfast entrees in addition to hot
sandwiches during the later part of the day.
2. We also will install a deep fryer to enable us to prepare
fries and other products to complement the sandwiches.
3. We now have a meat slicer which we can prepare a "deli"
type sandwich from.
4. A beer cooler has been secured and will be installed as soon
as we receive our required permits for the sale of beer and
light wines.
S. We recently purchased a magazine rack for sales in the restaurant
and it has been well received by the airport patrons.
We plan to install a few electronic games also for the enter-
tainment of the waiting passengers.
7. We will install additional seating as we have already seen a
need for it.
Exhibit B - Page 1
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Page Two
October 22, 1980
8. We will be serving several cold weather items, ie. hot
chocolate, chili, soup, etc., which we have not during
the warmer season.
As I stated yesterday in our meeting, I.have asked our manager of the
Airport Restaurant to take note of requests by the patrons and apprise
me of those requests so that we may better serve the needs of the
majority of the customers. We, too, want the Airport Restaurant to
be a first rate operation which we can all be proud of and which can
be successful for all those involved.
As in the
listen to
the goals
Inc.
first two months of operation, we intend to continue to
input from you and Ede Hogue and to strive to accomplish
desired by the City of Fayetteville and Ward -Power Management,
Best regards,
Michael G. Ward
Ward -Power Management, Inc.
MGW/lw
cc: Ede Hogue
John D. Power, Jr.
Exhibit B - Page 2
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HUD -11238 -CD 1
(6-55)
U. S. DEPARTMENT OF NOOSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors, shall state as an initial part of the bid or negotiations of the controct whether it has partici-
pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether
it hos filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days
after bid opening. No contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name: (.44P-1)--(.44P-1)--fq� OWE:7— nAjkAlkeeevieJT, INC•
Address: 31S-5. Pi. COLCEETE SU) Tt
FA-yetk\1\11e , Pn2.K
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clause. Yes El No
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes No [
■
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes ■ No ® None Required CJ
4. If answer to item 3 is " No," please explain in detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
Michael G. Ward
President
NAME ANO TITLE OF SIGNER (PLEASE TYPE)
SIGNATURE
1 Previous Editions Obsolete)
/2 -/.S-kO
-
DATE
EXHIBIT C
3-1
4
CERTIFICATION OF NONSEGREGATED FACILITIES
The vendor certifies that he does not maintain or provide for his employees
or customers any segregated facilities at any of his establishments, and that
he does not permit his employees to perform their services at any location,
under his control, where segregated facilities are maintained. .The vendor
certifies further that he will not maintain or provide for his employees or
customers any segregated facilities at any of his establishments, and that
he will not permit his employees to perform their services at any location,
under his control, where segregated facilities are maintained. The vendor
agrees that a breach of this certification is a violation of the equal
opportunity clause in this bid and any contract. As used in this certifica-
tion, the term "segregated facilities" means any waiting rooms, work areas,
restrooms.and washrooms, restaurants and other eating areas, timeciccks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in
fact segregated on the basis of race, color, religion, sex or national origin,
because of habit, local custom, or any other reason. The vendor agrees that
(except where he has obtained identical certifications from proposed subcontractors
for specific time periods) he will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are
not exempt from the provisions of the equal opportunity clause, and that he
will retain such certifications in his files.
NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF
NONSEGREGATED FACILITIES:
A Certification of Nonsegregated Facilities must be submitted prior to the
award of a contract or subcontract exceeding $10,000 which is not exempt
from the provisions of the Equal Opportunity Clause.
Certification - The information above is true and complete to the best of my
knowledge and belief.
Michael G. Wazd President
me and Title of Signer (Please Type)
/z-/r-kv
Signature Date
NOTE: The penalty for making false statements in offers is prescribed in
18 U.S.C. 1001.
EXHIBIT D
A
MICROFILMED
LEASE AGREEMENT
• 'p5 SS
2 - 14 -
THIS AGREEMENT executed this /4( day of A{J&()S'i
1980, by and between THE CITY OF FAYETTEVILLE, ARKANSAS,
hereinafter called Lessor, and JOHN D. POWER, JR., hereinafter
called Lessee.
WHEREAS, the City of Fayetteville has advertised for
bids to provide fast food service at the new Terminal building
at Fayetteville Municipal Airport,(Drake Field); and
WHEREAS, John D. Power, Jr. has submitted the only bid
for such service, which bid has been accepted by the City;
and
WHEREAS, the bid of John D. Power, Jr. is contingent
upon McDonald's Corporation approving John D. Power, Jr. as
a McDonald's franchisee at the new Airport Terminal Building;
and
WHEREAS, the new Terminal Building is scheduled to open
for operation August 10, 1980, and it is not expected that
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McDonald's Corporation will complete processing the franchise
application of John D. Power, Jr. until after said date; and
WHEREAS, the purpose of this Agreement is to set forth
the terms and conditions under which John D. Power, Jr.
shall provide fast food service at the new Airport Terminal
Building at Drake Field until such time as his franchise
application has been processed by McDonald's Corporation.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, Lessor and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, 1,144.5 square feet of floor space, more
or less, in the new Terminal Building at the Fayetteville
Municipal Airport (Drake Field) which floor space is more
particularly identified on the floor plan attached hereto
marked Exhibit "A" and made a part hereof.
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2. Lessee shall establish and operate a fast food
service on the demised premises. During the term of this
Lease, Lessee shall provide the following minimum food
services:
Breakfast: Coffee and rolls.
Lunch: Soft drinks and snack foods.
Dinner: Soft drinks and catered sandwiches.
3. The term of this Lease shall commence August 10,
1980, and shall terminate September 9, 1980, provided, in
the event McDonald's Corporation has not completed processing
of Lessee's franchise application on September 9, 1980,
Lessee shall have the option of extending this Agreement for
an additional thirty (.30) day term by giving written notice
to. Lessor prior to the termination of the original term
hereof.
4. Lessee shall pay Lessor as rent for use of the
demised premises during the term of this Lease, eight per
cent (8%). of Lessee's gross sales on the demised premises.
The term "gross sales" as used herein shall mean Lessee's
actual selling price excluding any taxes or imposition billed
separately to the purchaser. Said rent shall be payable
within twenty (20) days after expiration of each month under
this Lease and shall be accompanied by sales reports on
forms to be prescribed by the City Manager.
5. Lessee shall operate a fast food service on the
demised premises not less than twelve (12) hours per day,
seven (7) days per week. Said hours of operation shall
coincide with the regularly scheduled Airline passenger
service at the Airport.
6. Lessee shall maintain at all times a current,
complete record of accountof all sales. Lessor shall have
complete access to said record of accounts during all reasonable
hours and shall have the right to inspect Lessee's books and
records of business and transaction including, but not
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limited to, cash register tapes, sales tickets andstax
returns or reports. Lessee shall furnish to Lessor a copy
of all sales tax reports filed by Lessee in the office of
the Commissioner of Revenues of the State of Arkansas.
7. Lessor shall pay for all gas, electricity, water
service and sewer service provided to the demised premises.
Lessee shall pay for sanitation service, telephone service,
and any other utility services desired by Lessee.
8. Lessee shall provide, and keep in effect, the
following insurance with good and solvent insurance companies
authorized to do business in the State of Arkansas:
a. Workmen's Compensation Insurance as required
by Arkansas law.
b.. General Public Liability Insurance with limits
of not less than $100,000.00 for injury or death of one
person; $300,000.00 for injuries and deaths in any one
accident; and $20,000.00 for property damage in any one
accident.
8. Lessee agrees to hold the City harmless for any
claim, expense, loss, or liability suffered or occasioned as
a result of Lessee's use or occupancy of the demised premises.
9. Lessee agrees he will not, on the grounds of race,
color, or national origin, discriminate or permit discrimination
against any person or group of persons.
IN WITNESS WHEREOF the parties have executed this
Agreement on the day first above written.
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.40
CITU CLERK
C. s
CITY OF FAYETTEVILLE,
ARKANSAS, LESSOR
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