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Home My WebLink About14-83 RESOLUTIONRESOLUTION NO. py-471.3 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION OF THE CITY'S"LEASE AGREEMENT WITH LORENE O'DONNELL FOR FAST FOOD SERVICE IN THE AIRPORT TERMINAL BUILDING. BE IT RESOLVED_ BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized to execute a modification of the City's lease agreement with Lorene O'Donnell for fast food service in the airport terminal building to modify the rent payable under said agreement. A copy of the modification authorized for execution hereby is attached hereto, marked Exhibit "A", and made a part hereof. Passed and approved this 1st day of February, 1983. • : ATTEST:, �' i'. �',` 'ry _ t" a By: City Clerk APPROVED: 9,„igede,„„ey Mayor • FAYETTEVILLE, ARKANSAS P. 0. DRAWER F OFFICE OF CITY CLERK 72701 February 3, 1983 Ms. Lorene O'Donnell Post Office Box 145 Fayetteville, Arkansas 72701 Dear Ms. O'Donnell: [501) 521.7700 Enclosed is a copy of the executed Modificationf:o.f the Lease Agreement between the City of Fayetteville and yourself for fast food service in the Airport Terminal Building. I am forwarding an additional copy to the Airport Manager and will retain the original Modification of the Lease Agreement in the City Clerk's files. If I may be of further assistance, please don't hesitate to contact me. Sincerely, Olivia Kelly City Clerk /oak Enc. cc: Ede Hogue Airport Manager MODIFICATION OF LEASE AGREEMENT This agreement made this /574 day of �� 198,3 , 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, 1982, and continuing through December 14, 1983, Lessee shall pay Lessor as rent for use of the demised premises 87 of Lessee's gross sales per month on the demised premises or $1,333.33 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 salesoreport on forms to be prescribed l by Lessor's Airport Manage?. 2. All,ptovisions 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. -2 - IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. 04. CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation By: Mayor By: A a xy4 City Clerk ff,447i/ Aze-t-e, (9/J Lorene O'Donnell LEASE AGREEMENT This Agreement executed :this /S day of lCE1 .--, 1980, by and between the CITY OF F4 YETTEVILLE, 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 andoperate a fast food service on the demised premises. Said fastfood 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 coat. Lessee agrees to -provide food service as outlined in the letter dated October 22, 1980, attached hereto marked Exhibit "B" arid made a'patt hereof. 3. Lessee shall be permitted to serve beer and light wines for on -premise consumption provided Lessee has obtained all required federal, state and local permits. 4. The term of this -Agreement shall be for a period of five (5) years £rum 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 "EXHTRTT A" -2 - 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 rebs of account of all sales. Lessor shall have complete access to said record of accounts during all reasonable hours and shall have the right to 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 furnish to Lessor a copy of all sales tax reports filed by Lessee in the office of the Commissioner of Revenues of the State of Arkansas. 7. Lessor 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 • -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", maximum opportunity to participate in Airport contracts awarded by the City of the Regulations shall be included shall .have the same the ^er:ormancc of all , and that MBE requirements 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 Agreement on the date first above written. ATTEST: / _.r,_. :'it (T City Clerk ATTEST: IC Secretary this CITY OF FAYETTEVILLE, ARKANSAS, LESSOR By: WARD -POWER MANAGEMENT, INC., LESSEE By:`'` President VRei MODIFICATION OF LEASE AGREEMENT This agreement made this ';.•j day of 4. • 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 other respects 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 7-77-tle By: 76'2‘401 MAYOR EX(tBIT B i LORENE O'DONNELL