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Home My WebLink About10-82 RESOLUTIONt • RESOLUTION NO. /D -d' • • • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION OF THE CITY'S LEASE AGREE- MENT WITH LORENE O'DONNELL FOR RESTAURANT SPACE AT THE DRAKE FIELD.TERMINAL BUILDING TO INCREASE THE LEASE PAYMENTS BY TEN (10%) PER`CENT. 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 modification of the City's lease agree- ment with Lorene O'Donnell for restaurant space at the Drake Field Terminal Building to increase the lease payments by ten (1O%) percent. A copy of the modification authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. ( PASSED AND APPROVED this /�fday of ��A(2,1_,1982. O_ `1982. APPROVED: �. MAYOR it "`AT -TEST.: '7. %• a afir+ j^ -t • 1 MODIFICATION OF LEASE AGREEMENT This agreement made this Ji W&ay of • • • 1982, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called Lessor, and Lorene O'Donnell, hereinafter called Lessee. WHEREAS, Lessee hereto has entered into a lease dated December 15, 1980, with Ward -Power Management, Inc., a copy of which is attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, said lease was assigned by Ward -Power Management, Inc. to Lorene O'Donnell by an assignment dated October 7, 1981, a copy of which is attached hereto, marked Exhibit "B",. and made a part hereof; WHEREAS, the parties desire to enter into a new agreement modifying or supplementing the provisions of said lease. NOW, THEREFORE, the parties mutually agree as follows: 1. Effective December 15, 1981, and continuing through December 14, 1982, Lessee shall pay Lessor as rent for use of the demised premises 8% of Lessee's gross sales per month on the demised premises or $1,258.95 per month, whichever is higher. The term "gross sales" as used herein shall mean Lessee's actual selling price of 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 rental 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. 2. All provisions of the lease are incorporated herein and are hereby modified or supplemented to conform herewith but in all other respects are to be and shall continue in force. EXHIBIT,\A • J -2- • IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation `ATTEST�w? By: gGs= /M9 x'71 MAYOR LORENE 0 DONNELL „.de r • LEASE AGREEMENT This Agreement executed this jc day of .DECOYiB`-, 1980, by and between the CITY OF F4YETTEVILLE, 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 -NB" and made a'part•hereof. 3. Lessee shall be permitted to serve beer wines for on -premise consumption provided Lessee 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 and light has obtained "EXHIBIT A" • • 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 price of 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 1164 of account of all complete access to said record of hours and shall have the right to sales. Lessor shall have accounts during all reasonable 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 of all sales tax reports filed by the Commissioner 7. Lessor furnish to Lessor a copy Lessee in the office of of Revenues of the State of Arkansas. 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 i • • -3- 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, 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, or sex 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. ATTEST: City Clerk • ATTEST: CITY OF FAYETTEVILLE, ARKANSAS, LESSOR By: WARD -POWER MANAGEMENT, INC., LESSEE President • • • • te•' dl.. _ . Fly 7Secretary - 2 The undersigned, LORENE O'DONNELL, covenants that she will and does indemnify WARD -POWER MANAGEMENT, INC., from from any and all obligations due and owing the City of Fayetteville as a result of the lease attached hereto and made a part hereof as if set out herein word for word and marked as "Exhibit A" and does forever hold WARD -POWER MANAGEMENT, INC. harmless from any and all obligations due and owing as a result of said.lease. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7/4 day of Sept -ember, 1981. A ,C i.."..:. i' ( ? '�6,-kt h P C,.1 Lorene O'Donnell The undersigned, the City of Fayetteville, Arkansas, acknowledges that it has been informed of and consents to this assignment and indemnity. N TES. ESTES unnt•"'..iuww.cu W --ESTED +ry3ty Clerk 7 L." / .(7 1 CITY OF FAYETTEVILLE, ARKANSAS BY / Mayo}` • MODIFICATION OF 1 E16E AGREEMENT This agreement made this day of 1981, -by and between City of Fayetteville, Arkansas, a Municipal Corporation, hereinafter called Lessor, and Lorene O'Donnell, hereinafter called Lessee. WHEREAS, the City entered into a lease dated December 15, 1980, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, said lease has been assigned by Ward -Power Management Group, Inc., to Lorene O'Donnell which assignment has been approved by the City; WHEREAS, the parties desire to enter into a new agreement modifying or supplementing the provisions of said lease. NOW; THEREFORE, the parties mutually agree as follows: 1. Paragraph 2 of said lease is modified by adding the following: No structural alterations shall be made by Lessee without the prior written approval of Lessor's airport manager. 2. All provisions of the lease are incorporated herein and are hereby modified or supplemented to conform herewith but in all otherrespects are to be and shall continue in full force. IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation /) By: MAYOR LORENE oll 0 DONNELL RSV (H.. ISMS TESTES A ESTES oltwidneratirm .AflASvnav STATE OF ARKANSAS COUNTY OF WASHINGTON ASSIGNMENT OF LEASE )SS The undersigned, WARD -POWER MANAGEMENT, INC., in consi- deration of One Dollar ($1.00), the receipt of which is hereby acknowledged does hereby assign and transfer to LORENE O'DONNELL a certain lease agreement dated December 15, 1980, executed and delivered to WARD -POWER MANAGEMENT, INC., by the City of Fayetteville, Arkansas, a copy of which is attached hereto and made a part hereof as if set out herein word for word and marked as "Exhibit A", subject to all of the terms and conditions contained in said lease agreement and for the balance of the term thereof, said lease being of the following described property, to -wit: 1,144.5 square feet of floor place, more or less in the new terminal building at Fayetteville Municipal Airport, (Drake Field) which floor, space is more particularly identified on the floor plan attached to the original lease agreement as "Exhibit A" and made a part of that original lease agreement, said floor space to be for the establishment and operation of a fast food service on the demised premise. To have and to hold the same for the remainder of the term therein provided. And WARD -POWER MANAGEMENT, INC. further covenants that the leased premises are free from any and all encumbrances created or permitted by WARD -POWER MANAGEMENT, INC., except as herein stated or as provided in the lease. WARD -POWER MANAGEMENT, INC. BY • /, %{,r( 1 President