Loading...
HomeMy WebLinkAbout112-83 RESOLUTION• ,w • • RESOLUTION NO. 112-83 A RESOLUTION ATJTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE,A LEASE AGREEMENT WITH THE FAYETTEVILLE HILTON FOR DIRECT -DIAL TELEPHONE SPACE IN THE AIRPORT TERMINAL BUILDING. . I. QBE IT RESOLVED BY„THEeBOARD.OF, DIRECTORS OF THE CITY OF FAYETTEVILLE; ARKANSAS:4\ 'f” '.t , 1 1 1 1; That the Mayor and City Clerk Are hereby authorized and directed& to• execute a lease agreement with the Fayetteville Hilton for direct -dial telephone space in the airport terminal building. A copy of the lease -agreement authorized for execution hereby is attached hereto, marked Exhibit "A11, and made a part hereof. PASSED AND APPROVED this 20th,day of September 1983. Nsur • .• ,.r`.,.. - 41848 '12 eNiairt0 • 116. By: okria .7 f7 g City perk APPROVED: By:By:ade 02Le&. Mayor • • • e • LEASE AGREEMENT This Lease Agreement executed this 2? day of , 19 a by and between the City of Fayetteville, Arkana� s, hereinafter called "Lessor", and The Fayetteville Hilton, hereinafter called "Lessee". WHEREAS, Lessor has available for lease at the Fayetteville Airport Terminal Building space for a direct airport-hotel/motel telephone; WHEREAS, Lessee desires to lease said space from Lessor. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. Lessor hereby leases to Lessee, and .essee hereby.. leases from Lessor, that certain air-hotel/motel direct phone .spaceat the Fayetteville Airport Serminal Building -.depicted _on_Exhibit '.!A" attached hereto and..made apart hereof. Said space consists of one section.:....,: identified as direct phonespace number . 1 2. Lessee agrees that its direct phone accompanying advertisement will measure approx. 7":x 4" 3. Term: The term of this agreement shall be for a period of one year conmmencing on the 29th day of July 19 83 , and ending on the 29th day of July 19 84 at 12:00 P.M. 4. Removal of direct phone and accompanying advertisement: Upon termination or cancellation of this agreement, Lessee shall immediately remove the direct phone and accompanying advertisement in a workmanlike manner. In the event Lessee fails to remove its—direct phdne'anC advertisement:within five (5) days from the termination or cancellation date, said direct phone and advertisement shall be deemed abandoned and shall become the property of Lessor and Lessor shall have the right to remove and dispose of said material. 5. Maintenance: The City shall maintain and clean the direct phone carrousel. The City shall have the right, • t; • • 4.1 at its discretion, to perform necessary maintenance of and repairs to the direct phone and accompanying advertisement in order to maintain a high standard of appearance; the cost of such maintenance of repairs shall be paid by Lessee within fifteen (15) days from receipt of a statement therefore from Lessor. 6. The direct phone and accompanying advertisement shall not be placed on the direct phone carrousel leased hereby to Lessee without the prior approval of Lessor's Airport Committee. Lessee agrees that Lessor's Airport Committee may disapprove any proposed phone style and/or - advertising material which Lessor's Airport Conunittee determines would be detrimental to the operation of the Airport. In the event the Airport Counuittee disapproves &proposed phone style and/or advertisement, the Airport Manager shall state in writing to Lessee the reasons the proposed phone style and/or advertisement would be detrimental to the operation of the Airport. The Airport Committee and the Fayetteville Board of Directors shall have the right to refuse to approve any proposed phone style and/or advertisement, which is found to violate any federal, state, or local law or which is found to infringe upon any copyright or trademark. 7. The City shall provide random surveillance during normal Airport operating hours in order to protect Lessee's direct phone carrousel space against damage from vandalism or trespass, but Lessor shall not be liable to Lessee for any such damage. Lessor shall immediatelyreport to Lessee the discovery of any damage to Lessee's carrousel space. 8. In -the event Lessee, through no fault of its own, is deprived from using the direct phone carrousel leased hereby, or if the public is denied normal access to the Airport Terminal Building during regular working hours, the consideration payable Lessor by Lessee under this lease shall be adjusted downward on a pro -rata basis for the period of such deprivation or denial. Should such deprivation or denial continue for ninety (90) calendar days Lessee may terminate this lease as of the original date of such deprivation or denial by giving Lessor written notice of termination. 9. Consideration: As consideration for use of the demised premises, Lessor agrees to pay Lessee for the term of this lease the sum of $ 20.00 per month in advance on or before the first day of each month. If any monthly payment due Lessor is not received by the 10th day of the month Lessee shall pay a late charge equivalent._to ten (10%) percent of the monthly installment due. If the monthly installment plus late charge are not received'by the 30th day of the month,_.this lease shall automatically be terminated and Lessee shall have the right to remove the direct phone and accompanying advertisement from the direct phone carrousel space leased hereby. Upon execution of this lease agreement, Lessee shall deposit with Lessor a damage deposit in the amount of $ 50.00 Said deposit, less expenses incurred by Lessor co repair damage caused by Lessee or Lessee's agents, employees, licensees, or invitees, and less costs incurred by Lessor toclean the display space leased hereby, shall be returned to Lessee upon termination or cancellation of this agreement. • 9. Lessee shall not assign, transfer, pledge, or otherwise encumber this lease without the prior written approval of Lessor's Airport Manager. Lessee shall not sublet the demised premises and shall not allow the demised premis-'es.-to be used for any purpose not authorized by this agreement, without the prior written approval of Lessor. 10. Lessee shall idemnify and hold Lessor harmless from and against any and all claims, demands, suits, judgments,=.. costs and expenses asserted by any person or persons, including agents or employees of Lessor or Lessee, resulting from Lessee's use of the demised premises including, but not limited to, claims for death or personal injury to any person, loss or damage to property, and damages for libel, trademark or copyright infringement, or plagiarism. In the event any material or exhibit placed in the display space leased hereby is determined to be in violation of any federal, state or local law, Lessee shall immediately remove said material or exhibit and shall idemnify, defend and hold harmless Lessor and Lessor's employees and officials from all claims, damages and -penalties which.may arise therefrom. 11. Lessee shall not, on the grounds of race, color, creed, national origin, sex, or handicap, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964 and Part 21 of the Regulations of the Office of the 10 Secretary of Transportation as now worded or as may hereafter be amended. Lessor shall have the right to take such action as the United States government may direct to enforce this covenant. Nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 303 of the Federal Aviation Act of 1953. 12. Lessor shall have the right to place, or have placed, at the Airport any advertisement or exhibit. 13. Termination by Lessor: In addition to any other right of termination contained herein, Lessor shall have the right to terminate this agreement in the event :.of any of the following: (a) The filing by Lessee of a voluntary petition in bankruptcy; (b) The adjudication of Lessee as a bankrupt pursuant to bankruptcy proceedings; (c) The appointment of a receiver of Lessee's assets; (d) The divestature of Lessee's estate herein by operation of law; (e) The abandonment by Lessee of the use of the demised premises; (f) Damage from any cause to the demised premises which damage makes said premises untenantable for 90 days. 14. Termination by Lessee: Lessee may terminate this agreement by giving written notice of termination to Lessor upon the occurrence. of any of the following events: (a) The permanent abandonment of the Airport Terminal Building described in 'Exhibit ''A" attached hereto and made a part hereof. (b) The lawful assumption by the United .States government, or any authorized agency thereof, of the operation, control or use of the Airport in such a manner as to substantially restrict Lessee from using the demised premises for a period in excess of 90 days. i s .• (c) Issuance by any court of competent jurisdiction of an injunction preventing or restraining the use of the Airport Terminal Building for a period in excess of 90 calendar days. (d) Default by the City in the performance of any covenant contained herein and the failure of the City to remedy such default within 60 days after receipt of written notice from Lessee. • 15. Notices: Notices to Lessor shall be sufficient if sent by certified mail,' addressed to Lessor's Airport Manager at P.O. Drawer F, Fayetteville, Arkansas 72701. Notices to Lessee shall be sufficient if sent by certified mail. addressed to -r'.. Lessee at 70 North East Street Fayetteville AR 72701 IN WITNESS. WHEREOF the parties hereto have executed this -—agreement on the, year and date first above written. 4' A.441 •fts- c wa's ATTEST: TTEST: City C ATTEST: (Title) CITY OF.FAYETTEVILLE, ARKANSAS, LESSOR By: 2 4 Mayor -LESSEE By: L 8" ID ne j43½" %12" ! 1 Figure 1. Individual airport-hotel/motel direct phone space. (entire carrousel houses 8.individual sections) • Restaurant t Concourse to Baggage Claim Carrousel as seen if looking down frau the top. 7 / / 1 Direct phone spaces numbered 1-8. Figure 2. S • E N Airport manager's offices Baggage Clair EXHIBIT "A"