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Home My WebLink About109-84 RESOLUTIONRESOLUTION NO. 109-84 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH DAVID ELLIS FOR SPACE AT DRAKE FIELD TO OPERATE 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 with David Ellis for space at Drake Field to operate an airport limousine service. A copy of the lease authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 18th day of September , 1984. t• F tai' A. • .t .. '. . • CU;infl ••,;'s :,- .4 ::EST:„ y Clerk APPROVED: By • ai LEASE This agreement, made and entered into by and between the City of Fayetteville, Arkansas, hereinafter referred to as Lessor, and David Ellis, hereinafter referred to as Lessee: WITNESSETH WHEREAS, the Lessor owns, operates, and m intains 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 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 approximately 12 sq. ft. of space in the Airport Terminal Building and one parking space to be designated by Lessor's Airport Manager. Said leased premises and parking space shall be for Lessee's exclusive use. Lessor shall designate the leased parking space, 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 operate 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 contract with any other individual, firm, or corporation for airport limousine service at Drake Field. 4. Lessee agrees to pay Lessor as rental for use of the booth leased to it hereunder, the sum of $55.00 per month, and agrees to EXHIBIT_ A 7/04 fr • • • -2- pay $25.00 per parking space per month. Both sums shall be 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 condition- ing 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 $7.00 per passenger, one way from point to point, provided, the fare for children aged 2 through 12 shall not exceed $3.50 per child when accom- panied by an adult, and there shall be no charge for children under 2 years of age. (b) Lessee shall maintain, at his awn expense, all Airport limousines in good operative order, free from mechanical defects, and in a clean, neat, attractive condition inside and out. (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 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 formulated by Lessor concerning management, operation, or use of said Airport. Lessee shall not permit its agents, servants, or employees to conduct business in said Airport in a loud, noisy, boisterous, offensive or objectionable manner; and, Lessee shall not permit said employees to solicit and/or conduct business outside the space assigned to Lessee except through the use of signs approved by the Airport Manager. • • • -3- It being further understood that neither Lessee nor Lessee's employees shall be permitted to stand or sit in the lobby area during arrival or departure of flights. (e) Areas utilized by Lessee shall be maintained in a clean and attractive condition. Any materials or trash removed from vehicles 4 Y shall be placed in proper trash receptacles. (f ) That Lessee will promptly pay all expenses incurred in connection with this lease and the operation of an airport limousine service, including but not limited to, all taxes, permit fees, license fees, and assessments. Lessee will secure all required permits and licenses. 7. Insurance: Lessee shall at all times maintain at Lessee's cost, automobile liability insurance with limits of not less than $25,000.00 for personal injury to, or death of, any one person in any one accident, and liability limits of $50,000.00 for personal injury to, or death of, two or more persons in any one accident, and $15,000.00 for injury to or destruction of property of others in any one accident Said policy shall include passenger hazard coverage. Lessee shall provide certificates evidencing all such insurance to the Finance Director of Lessor. 8. In the event that Lessee shall default on any obligation hereunder, and such default shall continue for a period of fifteen (15) 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 agLeement. In the event of such termination, Lessee shall have no further rights hereunder, and shall immediately vacate the demised premises. 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 • -4- 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. 11. This agreement shall not be varied in its terms by any oral agreement and may be varied only by a written instrument executed by both parties. 12. The term of this agreement shall be for a period of one year commencing on the day of , 1984, and terminating on the day of , 1985. 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 prior written consent of Lessor. In the event of an assignment, Lessee shall continue to remain directly liable to Lessor for the performance of all terms and conditions of this agreement, and the assignee shall be bound by the terms and conditions hereof. 14. Lessee shall 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. To enforce this condition, Lessor shall have the right to take such action as the United States may direct to enforce compliance. • IN WITNESS WHEREOF, the parties hereto executed this agreement this 18th day of September , 1984. JAVt C P 40.1 1,4 ArrhST:ur I.FSSOR: CITY OF FAYETTEVILLE, ARKANSAS LESSEE: David Ellis • Stf.anne- — baLAcl et()S �%V1a v�ye d h' s rni vt& i-1/4 e d`tc ncsh t �4-G• {-o s\SY. k ea s