HomeMy WebLinkAbout12-82 RESOLUTION•
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RESOLUTION NO. /c -4)°2-/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LEASE AGREEMENT WITH CHARLES COLE FOR
SPACE AT THE DRAKE FIELD TERMINAL BUILDING FOR AN
AIRPORT LIMOUSINE SERVICE.
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 Charles Cole
for space at the Drake Field Terminal Building for an airport
limousine service. A copy of the lease agreement authorized
for execution hereby is attached hereto, marked Exhibit "A",
and made a part hereof.
PASSED AND APPROVED this �! day of
APPROVED:
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1982.
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LEASE
This agreement, made and entered into by and between the City
of Fayetteville, Arkansas, hereinafter referred to as Lessor, and
Charles Cole, 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 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. Tessor hereby leases to Lessee and Lessee hereby hires and
takes from the Lessor for the purpose herein enumerated, premises and
facilities consisting of one Airport Limousine Rental Booth, located
in the Fayetteville Municipal Airport Terminal Building, as shown in the
Terminal Building plat attached hereto, marked Exhibit "A", consisting of
twelve (12) square feet, more„or less, and two (2) parking spaces to
be designated by Lessor's Airport Manager. Said leased premises and
parking spaces shall be for Lessee's exclusive use Lessor shall designate
the leased parking spaces, by the use of pavement markings, as "Limousine
Parking Only”.
2. The premises herein let shall be used only for the purpose of
arranging for Airport limousine service.
3. Lessor hereby further grants to Lessee,.subject to the terms and
conditions hereinafter contained, the right to conduct and oeprate an
airport limousine service 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
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other individual, firm, or corporation for engaging in like activity
at the Airport.
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 $50.00 per Builth base fee, and $25.00 per
parking space per month, payable by the 10th day of each month.
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 airport limousine service at the
Airport and to charge a fare for such service not in excess of $6.00
per passenger, one way frau point to point.
(b) Lessee shall maintain, at his own expense, all Airport
limousines in good operative order, free franinechanica1 defects, and
in a clean, neat, attractive condition inside and out.
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(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
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for said services, and Lessee may install a direct telephone line
to any other office ot•place of business of the Tessee or Agency with
which he is affiliated for the purpose of providing limousine service
at the 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 frau time to time be
fornnilated.by Lessor concerning management, operation, or use of said
Airport, and Tessee 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.
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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) Areas utilized by Tessee shall be maintained in a
clean and attractive condition. Any materials or trash removed
frcxu 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 claims, demands, suits, judgments, costs and
expense asserted by any person or persons, including agents or employcce
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 Lunt 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 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 nave
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
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operation of automobile hereunder, with liability limits of $100,000.00
for personal injury to, or death of, any one person in any ane accident,
and liability limits of $300,000.00 for personal injury to, or death of,
twq,or more pPrsdns ii !"anyone accident, and $25,000.00 for damage
.to property=in any one accident..Saidipblicy shall includdepassenger
a e
hazard..coverage......iessee shall,.provicle,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 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 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 L
Terminal, any signs without obtaining the advance consent and approval of
the Airport Manager.
11. This agreement shall not be varied in its teens by any oral
agreement or representation, or otherwise than by an instrument in
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writing of subsequent date hereto executed by both parties by
their duly authorized representatives.
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12. The term of this agreement shall be for a period of one year
mincing on the 1st day of January, 1982, and terminating on the
31st day of December, 1982, 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 the event L`.
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 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.
�rI IN WITNESS WHEREOF, the parties hereto executed this agreement this
J &day of1982
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LESSOR: CITY OF FAYEITEVIL E, ARKANSAS
LESSEE:
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Charles Cole