HomeMy WebLinkAbout11-82 RESOLUTIONAlf
RESOLUTION NO. I
A RESOLUTION APPROVING A LEASE AGREEMENT FOR SPACE
IN THE DRAKE FIELD TERMINAL BUILDING FOR CAR RENTAL
AGENCIES.
Section 1. That the Board of Directors hereby approves
the lease agreement attached hereto, marked Exhibit "A", and
made a part hereof for the leasing of space at the Drake
Field Terminal Building to car rental agencies.
Section 2. The Board of Directors hereby authorizes
the Mayor and City Clerk to execute said lease agreement
with Avis, Budget, National, and Hertz car rental agencies.
PASSED AND APPROVED this 1 OFCL day o
APOPROVED:
1982.
LEASE
This agreement, made and entered into by and between the City of
Fayetteville, Arkansas, hereinafter referred to as Lessor, and
Baker Car &.Truck Rental, Inc. hereinafter referred to as Lessee:
WITNESSETH:
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 IPssor 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 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 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
Tassee an automobile rental concession on terms and 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,
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the sum of $500.00 per month base fee, $7.00 per parking space per month for
parking lot, plus $.07 per deplaned passenger per month. Space in the,overflaa
parking lot will be paid for at the rate of $30.00 per month.
All fees and charges imposed hereby shall be payable within ten (10)
days frau receipt by Lessee of an invoice from Lessor. In the event of
late payment, a 10% penalty, compounded monthly, shall be due and payable
imMediately.
The fees and charges imposed hereby shall be adjusted each January 1st
beginning January 1, 1983, to reflect the percentage change, either up or
dawn, occurring in the consumer price index, U. S. Bureau of Labor Statistics,
Department of Labor, through comparing the index on December 31st of the two
preceeding years.
5. Lessor will furnish janitorial and refuse disposal services and
utility services consisting of electricity, heating, and air conditioning,. for
A
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 own expense, all automobiles
or equipment in good operative order, free frau 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 moot 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.
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(d) Lessee shall abide by, and be subject to, all reasonable
rules and regulations which are now, or may frau 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, not 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) Automobile storage 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 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.
7. Hold Harmless:
(a) Lessee shall keep and hold harmless Lessor from and against
any and all claim demands, suits, judgments, costs and expense asserted by
any person or persons, including agents or employees of Lessor or Tessee,
by reason of death or injury to persons, or loss or damage to property
resulting frau 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
a].1 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'Lessec's wrongful -conduct. incident,to,the ase„of,the,leased
premises, or resulting from any accident occuring 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
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injury or death of any one person in any one accident, the minimum sum of
4.i
$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 tens hereof, automobile
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insurance providing against loss or damage to persons or property frau
operation of automobile hereunder, with liability limits of $100,000.00 for
ccs o. _ ..... .. ....
personal-injury to, or death of, any one Arson in any one accident, and
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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
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one accident. Lessee shall provide certificates evidencing all such
insurance to the Finance Director of Lessor.
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8. In the event that Tessee shall default in the payment of any sums
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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
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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
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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
he?
rights hereunder, and shall thereupon remove frau said premises and shall
have no further rights or claims thereto
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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
3.
an extent as to materially interfere with Lessee's operations, or in the
or
event of destruction by fire or other cause of all, or a material portion, of
-- lits..
the Airport or airport facilities, or if Lessee's operations shall for
similar or dissimilar, be materially interferred with for a
any reason,
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period in excess of fifteen (15) days, then, and in any of these events;
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Tessee shall have the rightT`upon written notice to Lessor to terminate this
•her -. -
agreement, and Lessee's further obligations hereunder; •or at its option,
to
to suspend-this°agreanent for. theperiodsof such disability._;_
10. Lessee agrees that it will not erect or maintain, nor permit to
is
be erected or maintained, at its place of business in the Airport Terminal,
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any signs without obtaining the advance consent and approval of the Airport
Manager.
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11. This agreement shall not -Le 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 as of January 1, 1982,
and terminate on the 31st day of December 1986, unless sooner terminated
for breach of the provisions hereof. Lessor hereby grants Lessee an option
to extend'the term of this agreement for an additional period of .five (5)
years, subject to Lessor and Lessee mutually agreeing on the rentals, fees
and charges to be paid Lessor by Lessee under Paragraph 4 hereof during
said extended term. Lessee may exercise this option by giving Lessor
thirty (30) days written notice prior to the expiration date of the original
term hereof. Such notice shall be mailed to: City Manager, P.O. Drawer F,
Fayetteville, Arkansas 72701.
P
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, than 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
renditions 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
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of which Lessor shall have the right to take such action as the United States
may direct to enforce czutvliance.
IN WITNESS WHEREOF, the parties hereto executed this agreement this
:day of
LESSOR: CITY OF FAYETTEVIJ,LE
LESSEE
By:
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-dab -
LEASE
This agreement, made and entered into by and between the City of
Fayetteville, Arkansas, hereinafter referred to as Tessor, and
CARCO Rentals, Inc. hereinafter referred to as Lessee:
WITNESSETH:
WHEREAS, the Tessor owns, operates, and maintains an Airport known
•as Drake Field in the Countyvof Washington[Stateof Arkansas, and,
WHEREAS, the Lessee desires to lease and rent certain space therein
for the purpose hereinafter set forth, end the said Tessor 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 Tessee 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 AiLport 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 cotporation for engaging in like activity at the Ail rt. Lessor
shall not, however, grant to any individual, firm, or corporation other than
Tessee an automobile rental concession on terms and conditions more favorable_
in any respect than those herein granted Lessee.
4. TPssee 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 Tessor,
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•
the sum of $500.00 pow month base fee, $7.00 per parking space per month for
parking lot, plus $.07 per deplaned passenger pPr month. Space in the,overflaw
parking lot will be paid for at the rate of $30.00 per month.
All fees and charges imposed hereby shall be payable within ten (10)
days frau receipt by Lessee of an invoice from Lessor. In the event of
late payment, a 10% penalty, compounded monthly, shall be due and payable
immediately.
The fees and charges imposed hereby shall be adjusted each January 1st
beginning January 1, 1983, to reflect the percentage change, either up or
dawn, occurring in the consumer price index, U. S. Bureau of Labor Statistics,
Department of Labor, through comparing the index on December 31st of the two
preceeding years.
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 Aiipurt 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 own expense, all automobiles
•
or equipment in good operative order, free frau 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 moot 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.
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(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, not 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) Automobile storage 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
r
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.
7. Hold Harmless:
(a) Lessee shall keep and hold harmless Lessor from and against
any and all claim 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 frau 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's wrongful conduct incident to the use of the leased
premises, or resulting from any accident occuring 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
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4
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 parsons 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 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 bankrupt, Lessor shall have the right to immediately terminate this
agreement, and in the event of such termination, Lessee shall have hb 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 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 facilities, or if Lessee's operations shall for
any reason, similar or dissimilar, 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 Terminal,
any signs without obtaining the advance consent and approval of the Airport
Manager.
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1
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 as of January 1, 1982,
and terminate on the 31st day of December 1986, unless sooner terminated
for breach of the provisions hereof. Lessor hereby grants Lessee an option
to extend the term of this agreement for an additional period of five (5),
years, subject to Lessor and Lessee mutually agreeing on the rentals, fees
and charges to be paid Lessor by Lessee under Paragraph 4 hereof during
said extended term. Lessee may exercise this option by giving Lessor
thirty (30) days written notice prior to the expiration date of the original
term hereof. Such notice shall be mailed to: City Manager, P.O. Drawer F,
Fayetteville, Arkansas 72701.
A
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 oonsent 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, than any and all privileges and rights granted
Tessee 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 this agreement, and such substitute TPssee 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
•
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of which TPssor shall have the right to take such action as the United States
may direct to enforce compliance.
•
WITNESS [')HEREOF, the parties hereto executed this agreement this
! day of
.may - t.
w1
Eta S
\\2Sj ATTEST r~
FFSSOR: CITY OF FA
City Clerk
ATTEsaffa &icy/
Mayor
TFRSEE:
rol
,..s w. :4_:..., w �
LEASE
This agreement, made and entered into by and between the City of
Fayetteville, Arkansas, hereinafter referred to as Leasor, and
National Car Rental
hereinafter referred to as Lessee:
W I T NE S:5 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
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 premiseshereinlet 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 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 net, •haaeder; grant to any individual, firm, or corporation -other than--
Lessee an automobile rental concession on terms and 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,
a'',` >. ,. 4
•
the sum of $500.00 per month base fee, $7.00 per parking space per month for
parking lot, plus $.07 per deplaned passenger For month. Space in the, overflow
parking lot will be paid for at the rate of $30.00 per month.
All fees and charges imposed hereby shall be payable within ten (10)
days from receipt by Lessee of an invoice from Lessor. In the event of
late payment, a 10% penalty, compounded monthly, shall be due and payable
immediately.
The fees and charges imposed hereby shall be adjusted each January 1st
beginning January, , 1983, to reflect:the.percentage change, either up or
down, occurring in the consumer price index, U. S. Bureau of Labor Statistics,
Department of Labor, through canparing the index on December 31st of the two
preceeding years
5. Tessor will furnish janitorial and refuse disposal services and
utility services consisting of electricity, heating, and air conditioning, for
r
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 own expense, all automobiles
or equipment in good operative order, free frau 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 perieds.when other
automobile rental facilities are closed, provided, however, no permanent
change shall be made in any part of the Airport Terminal Building.
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(d) Lessee shall abide by, and be subject to, all reasonable
rules and regulations which are now, or may frau 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, not 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) Autanobile 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 receptacles.
(f) That Lessee will meet all expenses in connection with the
r
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.
7. Hold Harmless:
(a) Lessee shall keep and hold harmless Lessor from and against
any and all claim 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 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's wrongful conduct incident to the use of the leased
premises, or resulting from any accident occuring on or about roads, driveways,
or otherpublic 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
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injury or death of any onenerson in any one accident, the minimum sum of
$300,000.00 for personal injury or death of two or more persons in any -tone
accident, and the minimum sun 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 Finance Director of Lessor.
8. In the event that TPssee 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 bankrupt, Lessor shall have the right to immediately terminate this
agreement, and in the event of such termination, TPssee 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 facilities, or if Lessee's operations shall for
any reason, similar or dissimilar, 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 Terminal,
any signs without obtaining the advance consent and approval of the Airport
Manager.
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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 terns of this agreement shall commence as of January 1, 1982,
and terminate on the 31st day of December 1986, unless sooner terminated
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for breach of the provisions hereof. Lessor hereby grants Lessee an option
to extend the term of this agreement for an additional period of five (5)
years, subject to Lessor and Lessee mutually agreeing on the rentals, fees
and charges to be paid Lessor by Lessee under Paragraph 4 hereof during
said extended term. Lessee may exercise this option by giving Lessor
thirty (30) days written notice prior to the expiration date of the original
term hereof.. Such notice shall be mailed to: City Manager, P.O. Drawer F,
Fayetteville, Arkansas 72701.
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13. Non -Assignable. This agreement is personal to Lessee and shall
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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,.than any and all privileges and rights granted
Iessee 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 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
er.
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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
/ay of
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1A� Y •
ATTEST: L' a
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19a,
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ATTEST:
LESSOR: CITY OF FAYEITEVITJF
- s
LESSEE:
re:
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LEASE
This agreement, made and entered into by and between the City of '
Fayetteville, Arkansas, hereinafter referred to as reasor, and
Budget Rent -a -Car
hereinafter referred to as Lessee:
WITNESSETH:
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 devise 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
frau the Lessor for the purpose herein enumerated, premises and facilities
consisting of:One.Car_ Rental Booth, lncated 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 autanobile 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 concession, and Lessor shall have
the right to deal with, arid perfect, arrangements with any other individual,
a+� firm, or coipuration 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 and 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,
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