HomeMy WebLinkAbout108-81 RESOLUTION•
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RESOLUTION'NO. /08.-(1/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH LEWIS FORD, INC.; FOR RENT -
A -CAR SPACE IN THE FAYETTEVILLE MUNICIPAL AIRPORT.
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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 with Lewis Ford, Inc., for
rent -a -car space in 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 this aQ day of diE2w,akt , 1981.
FATTEST:`:
},717
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02;46t" , `ass
1001
;. -.,CITY 'CLERK
-,rte
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CE,R:TIFiCATE• OF RECORD
City of Fayetteville State of Arkansas SS
City Clerk and Ex -Officio
the City of Fayetteville, do here-
brec
y
Vivian Ioettel, foregoing is
by certify
sr y same ap-
pears
P
by certify that the annexed or
of record in my office and the
pew in Ordinance & Resolution book
Witness my
„sat page 0111 ay of
hand ani seal th' 19 ,
nd Ex -Officio Recorder
City' Cler
69iCROF Lh+ED
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1.1
LEASE
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This agreement, made and'entered into by and between the City
of Fayetteville;.:ArkaiiSas;hereinafter referred to as TPcsor, and
'Budget Rent-A-Car, hereinafter referred to as Tassee:
WITNESSETH :
WHEREAS, the Lessor owns, operates, and maintains an Airport
known as Drake Field in the County of Washington,'. Stste-of-Arkansas,
and,
WHEREAS, the Tessee desires to lease and rent certain space
therein for the purpose hereinaf+Pr 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 mutna1 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 frau 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 one hundred
and eight (108) square feet, more or less.
2. The premises herein let shall be used -only for the purpose
of arranging for automobile rental service.
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
cwncecsion, 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 an.autanobile rental
concession on terms or conditions more favorable in any respect than
those herein granted Lessee.
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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 $300.00 per month base fee; $6.00 per
parking space per month for parking lot, plus $.07 per enplaned
passenger per month, payable on the first day of each month during the
term of this lease. Space in the overflow parking lot will be paid
for at the rate of $2.00 per space per month.
5. Lessor will furnish janitorial and refuse disposal services
and utility serviccs 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 substantially similar to those charged for similar services
at other Airports of similar size, and in the same general area.
(b) Lessee shall maintain, at his awn expense, all
automobiles or equipment in good operating order, frac from mechanical
defects, and in a clean, neat, attractive condition inside and outside.
(c) TPssee 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 tomcat 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 it 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 nae, or may frau time to
time be formulated by Lessor concerning management, operation, or use
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of said Airport, and Lessee shall not permit its agents, servants,
or employees to conduct business in said Airport ina 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,
whidi are qualified further in this contract. It being further
understood that neither Lessee or its employees shall be permitted
to stand or sit in the lobby area during arrival or departure of
flights.
(e) Automobile storage areas utilized by Lessee shall
be maintained in a clean and attractive condition. Any materials
or trash removed frau vehicles shall be placed in proper trash
receptables.
(f) Lessee will promptly pay all expenses 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, Lessee will secure all required permits and
licenses.
7. Hold Harmless:
(a) Lessee shall keep and hold Lessor harmless frau
and against any and all claims, demands, suits, judgments, oasts and
expenses asserted by any person or persons, including agents or
employees of TPssor or Lessee, by reason of death or injury to 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 anitted to be done by TPssee 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's wrongful conduct
incidental to the usecof the leased premises, or resulting frau any
accident occuring on or about roads, driveways, or.other.public places
used by Lessee at the Airport under this lease. Such insurance shall
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be in.a,miniim n amount of $100,000.00 for personal injury or death
Of any one person in any one accident, $300,000.00 for personal
injury or death or two or more persons in any one accident, and $25,000.00
for property damage. Said insurance shall name Lessor as a co-insured
thereunder. Lessee shall also, without cost to Lessor, Obtain and
maintain during the term hereof, automobile liability insurance providing
coverage against loss or damage to persons or property from operation of
Lessee's automobiles. Said insurance shall provide Liability limits
of $100,000.00 for personal injury to, or death of, any one person in
any one accident, liability limits of.$300,000.00 for personal injury
or death of two or more persons in any one accident. Tessee shall
provide certificatesevidencing all such insurance to the City Finance
Director of Tecsor.
8. In the event that Tessee 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 thrity (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 bankrupt, Lessor shall have the
right to imnediately terminate this agreement, and in the event of such
termination, lessee shall have no further rights hereunder, and shall
thereupon remove frau 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 tb materially interfere with Tessee's operations, or
in the event of destruction by fire or other cause of all, or a material
portion, of the Airport or airport facilities, or if Te'see's operations
shall for any reason, similar or dissimilar, be materially interferred
with for a period inexcess of fifteen (15) days, then, and in any of
these evthts, Lessee shall have the right upon written notice to.Tessor
to terminate this agreement, and.Lessee's_further obligations. hereunder, or
at its option, to suspend this ay t for the period 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 any oral
agreement or representation, or otherwise than by an instrument in
writing of subsequent date hereto executed by both perties by their
duly authorized representatives.
12. The term of this agreement shall camence as of October 1, 1981,
and shall terminate on the 31st day of December, 1981, unless sooner
terminated for breach of any provision hereof.
13. Nco Assignable. This agreement is personal to Tessee 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 surmssor corporation
by merger or consolidation with Lessee shall not be deemed a breath of
this condition; and provided, further, that in the event Lessee is
a merber of same 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 terns and conditions hereof.
14. Lessee will not, on the grounds of race, color, age, 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 agreement
this 4 day of Q , 196-1.
LESSOR: CITY OF FAYFTTEVILE
LESSEE:
ATTEST:
Aim eta 219/4
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