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HomeMy WebLinkAbout155-83 RESOLUTION7. RESOLUTION NO, 155-83 _ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO'EXECUTE A LEASE AGREEMENT WITH BEST WESTERN/THE INN FOR ADVERTISING SPACE IN THE AIRPORT TERMINAL -BUTLDING. 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 one-year lease agreement with Best Western/The Inn for advertising space in the airport terminal building. 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 20th day of December, 1983 APPROVED: ATTEST: f--:.:, mss. This November Arkansas, LEASE AGREEMENT Lease Agreement executed this 1st day of , 19 83 by and between the City of Fayetteville, hereinafter of 62B-71 Bypass Street Arkansas State WHEREAS, Lessor display space at the and WHEREAS, Lessee display space called "Lessor", and Rest Western - The Inn Fayetteville City , hereinafter called "Lessee". has available for lease advertising Fayetteville Airport Terminal Building; desires to lease certain advertising from Lessor. NOW, THEREFORE, in consideration of the contained herein the parties hereby agree as 1. Lessor hereby leases to Lessee, and leases from Lessor, that certain advertising at the Fayetteville Airport Exhibit display A" attached hereto mutual covenants follows: Lessee hereby display space Terminal Building depicted on and made a part hereof, which space consists.of one (1). wall display measuring Exterior 28" x 44" 28 identified as exhibit space number 2. Term: The term of this agreement shall .be for a period of one year commencing on the llth day of September 19 83, and ending on the 11th day of September 19 84 12:00 P.M.. " _ _ — 3. Removal of Display Material: Upon termination or cancellation of this agreement; Lessee shall immediately at EX.HIaxT_ remove all display material in a workmanlike manner. In the event Lessee fails''to remove all display material within five (5) days from the termination or cancellation date, said display material shall be deemed abandoned and-shall become the property of Lessor and Lessor shall have the right to remove and dispose of said material. 4. Maintenance: The City shall*maintain and clean the display case. The City shall have the right, at its discretion, to perform necessary maintenance of and repairs to any display sign, poster, or other advertising material or exhibit in the display case in order to maintain a high standard of appearance; the cost of such maintenance or repairs shall be paid by Lessee within fifteen (15) days from receipt of a statement therefore from Lessor. 5. No advertising material or exhibit shall be placed in the display space leased hereby to Lessee without the prior approval of Lessor's Airport Committee. Lessee agrees that Lessor's Airport Committee may disapprove any proposed advertising material or exhibit which Lessor's Airport Committee determines would be detrimental to the operation of the Airport. In the event the Airport Committee disapproves a proposed advertisement or exhibit, the Airport Manager shall state in writing to Lessee the reasons the proposed advertisement orexhibit 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 advertisement, material or exhibit which is found to viorate`any fede-ra1,-state, or local law or which is found to infringe upon any copyright or trademark. 6. The City shall provide police surveillance during normal Airport operating hours in order to protect Lessee's display against damage from vandalism or trespass, but Lessor shall not be liable to Lessee for any such damage. Lessor shall immediately report to Lessee the discovery of any damage to Lessee's display. 7. In the event Lessee, through no fault of its own, is deprived from using the display space 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. 8. Consideration: As consideration for use of the demised premises, Lessor agrees to pay Lessee for the term of this lease the sum of $ 960.00 payable in monthly installments of $ 80.00 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 percent (10%) 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.any_display material from the display space leased hereby. Upon execution of this lease agreement,. Lessee shall deposit with Lessor a damage deposit in the amount of $ 80.00 Said deposit, less expenses incurred by Lessor to repair damage caused by Lessee or Lessee's agents, employees, Licensees, or invitees, and less costs incurred by Lessee to clean 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 premises 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 idermnify, defend and hold tea.: harmless Lessor and Lessor's employees and officials from all claims, damages and penalties which may arise therefrom. 11. Lessee sha11 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 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 308 of the Federal Aviation Act of 1958. 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. • (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 Lessee at No. 1000 Hwy 71 Bypass. FayettevillR,-AR 777n1_ IN WITNESS WHEREOF the parties hereto have. executed this agreement on the year and date first above written. ATTEST: ATTEST: Fola 0161/.) (Title) CITY OF FAYETTEVILLE, ARKANSAS, LESSOR LESSEE Best Western Inn By: 41, W cc LL I J .F a. c o:I I�; 1 \-•• ---------- _� a cc EXHIBIT "A"