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HomeMy WebLinkAbout8-84 RESOLUTION• • RESOLUTION NO. 8 - 84 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION OF THE CITY'S LEASE AGREEMENT WITH LORENE O'DONNELL FOR RESTAURANT SPACE AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directedto execute a modification of the City's lease agree- ment with Lorene O'Donnell for restaurant space at the Fayetteville Municipal Airport. A copy of the modification authorized for execution hereby, is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this ATTEST: By: Clerk 17th day of January, 1984. APPROVED: By:`/i Mayor - ( Y' MODIFICATION OF LEASE AGREEMENT This agreement made this 17th day of January , 1984, 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, 1983, and continuing through December 14, 1984, Lessee shall pay Lessor as rent for use of the demised premises 8`/, of Lessee's gross sales per month on the demised premises of $1,360.00 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 'sales report on forms to be prescribed by 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 force. EXHIBIT,: A 1 • IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the day and year first above written. ATTEST: By: Vity Cler gir 4411 kralew CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation By qt3S W Fhtil 0 ' eA-vci: JQ- Lorene O'Donnell • 101' ... LEASE AGREEMENT , ice This Agreement executed this /day of .DEC X MEat , 1980, by and between the CITY OF FAYETTEVILLE, 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 fast food 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 cost. Lessee agrees to provide food service as outlined in the letter dated October 22, 1980, attached hereto marked Exhibit "B" and made a part 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 from 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 fD EAL,6;1- 1 -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 MY/la 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, -4- hereinafter 4- hereinafter called the "Regulations", shall have the same maximum opportunity to participate in the performance of all Airport contracts awarded by the City, and that MBE requirements of the Regulations shall be included 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 this Agreement on the date first above written. ATTEST: City Clerk ATTEST: ecretary CITY OF FAYETTEVILLE, ARKANSAS, LESSOR By: Ma ,i: r WARD -POWER MANAGEMENT, INC., LESSEE C)!' By: President i 1 • • uiidin; ilcst.'.urant Arca • 6-11`. N. • `viz ('ROW TO 81.4; f I 7 - ii V70CP.::6 =1:LC CC VcrAI1-"i- CrASE rrOC. :. -, .i 13/max'\\ f 11 SEVER tow N4 Your 1-,!7A1 Ttluu cur:e- •10 I 1 1; N —_I ii - C. J. . j Jr-) 0I I * 1; .,.; VIJ[ rpC'!: ;; 11114 TDEriplL - E).;YoiED A664 G Ar r . toil l n: - 0 Vic Exhibit A - Page 2 4 w r. • U. S. OE PAR THE NT OF HOUSING AND uPRAn DEVELOPMENT • CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY HUD -U238 -CO -1 INSTRUCTIONS This certification is required pursuant to Executive Order 1124.6 (30 F. R. 12319.25). The implementing rules and regulations provide that any bidder or prospective contractor, or any o{ their proposed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract whether it has partici• poted in any previous controct or subcontract subject to the equal opportunity clouse; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. Bidder's Name: Address: CERTIFICATION BY BIDDER WAltt- 1)Ow1'n- dl(1f A1kC6E1''IE , rue - 3)55 /. CoLLeG .Surra 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes n No rgi 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes E No n 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. Yes F-1 No [C71 None Required fl 4. If answer to item 3 is " No," please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. Michael G. Ward President NAME AND 11 TLE OF SIGNER (PLEASE TYPE) Previous Editions Obsolete' %z /S DATE I XIIIBIT C 3-1 • • • CERTIFICATION OF NONSEGREGATED FACILITIES The vendor certifies that he does not maintain or provide for his employees or customers any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The vendor certifies further that he will not maintain or provide for his employees or customers any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The vendor agrees that a breach of this certification is a violation of the equal opportunity clause in this bid and any contract. As used in this certifica- tion, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment, areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin, because of habit, local custom, or any other reason. The vendor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Certification - The information above is true and complete to the hest of my knowledge and belief. Michael G. Watd President � ine and Title of Signer (Please Type) tALq d Signature Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. EUIIBIT D • ASSIGNMENT OF LEASE STATE OF ARKANSAS;',*,:_`; YTL: COUNTY OF WASHINGTONt ,`',4 vN ki The undersigned-;=;WARD_POWER MANAGEMENT INC., in consi- deration:'of=One .?DoLtat ''($1-.00)", `the- receipt of which is ,` -*. • . hereby acknowledged doed!.•h'ereby='assign and ''transfer to t+:.•'� •fir ' LORENE`0'DONNELL?'a;certain lease' agreement'"dated'December 15,'.•1980;executed in delivered'to WARD -POWER MANAGEMENT, .? i rx •x.t;' t INC, , bet y..thCity�6fT t�ayetteville',±Arkansas�,: a� copy of which is'. ettached hereto' andPma'de aparthereof as -if set out e, rherelnord.cforiword as'"Exhibit A", subject to all`of thextermseanil'r,tonditions`contained'n said lease agre'emeritandufor thejitalanc'e{of•'theterm thereof, said lease .being 'of'`the 'fo;llowingdescribed property, to -wit: wf. 1,144.5:squareteleet;.of.,fioor•�place,.Moreor less in the new terminalburldingattFayetteville�Municipal Airport, (Drake Field)<-which:.floor space is more particularly identifiedlon thejfloor plan attached to the original lease agreement"Exhibit-A"and made,a part of that y �h', M original;'lease��$agreeinent;` said floor•'space to be for the establishmentt.-and.operation of a fast food service .. To have and,: -to`, same for the remainder of the term therein provided: .- And.WARD.POWER',MANAGEMENT, INC.; further covenants that .7n•t-•Ip'='.s.1. .y. r the.leased premises.'a're Erect= any.. and -all encumbrances 4.. �k `' °WARD -POWER MANAGEMENT, INC. except created or permttted,�by as herein stated 'or as. provided in the lease. WARD -POWER MANAGEMENT, INC. ,, i /0 President Secretary ;from Faye made • O'DONNELL,,covenants that she ;andwdoes} indemnify; -WARD -POWER MANAGEMENT, ?anyrand£all ob ngations•due and, owing the v ttevilletasalresult of the lease attached a part,hereofTiasif se[ out herein GEMENT; _,INC�F armless from any and word INC., from City of hereto and for word and hOld.WARD-POWER all obligations due owing„asratresultvof::said,lease., f •'� fri IN;WITNESS WHEREOF,;I,•have hereunto /i ( ..L:�'C this , dayinof'rSeptember, 1981. set my hand and • ;,The,Gundersigned Ache City,ofFayetteville, Arkansas, acknowledges ,t ' t cit ;has. been : " ormed'of and consents to ti this xassignmentPand�+indemnt -i7y•t; .n- :CITY OF FAYETTEVILLE, ARKANSAS a ;i, BY. t ;1. Mayoj • aWirakalairlif stn, Yy .uNYALIMop ..r• WARD -POWER MANAGEMENT, INC. 3155 NORTH COLLEGE. SUITE 1 FAYETTEVILLE, AR 72701- i :{ rri: �ti' rel[ ."y .. S �,r. . { •L tY.s '-C_t `.'moi Mr. Don Grimes 44.4 i.4( yy City Manager '_ x :•„'K': City of Fayetteville a Fayetteville, Arkansas 72701 Per our meeting yesterday in Ede Hogue's office, I would like to you an idea of,the direction and plans John Power and I have for operation of the Airport Restaurant. As you are aware, we have been limited somewhat in menu selection to the health department's requirements and our lack of a lease. ever, upon gaining a lease from our bid, John and I do have specs plans for the Airport Restaurant. y. , We are prepared to install a cooking grill to enable us to greatly expand`our present menu selection. This will be a great boost for the breakfast entrees in addition to hot” sandwiches during the later part of the day. 414 We'also,will install a deep fryer to enable us to prepare 'fries and other products to complement the sandwiches. 3., We now have a meat slicer which we can type sandwich from. A beer cooler has been secured and will be installed as we receive our required permits for the sale of be light wines. ticFr F 9 7�,."S 1 t+4.F i i '. rv , .. '- I We recently purchased a magazine rack for sales in th and it has been well received by the airport patrons. We plan to install a few electronic games also for the tainment of the waiting passengers. We will install additional seating as we have need for it. 8. We will be serving several cold weather items, ie. hot chocolate, chili, soup, etc., which we have not during the warmer season. As I stated yesterday in our meeting, I.have asked our manager of the Airport Restaurant to take note of requests by the patrons and apprise me of those requests so that we may better serve the needs of the majority of the customers. We, too, want the Airport Restaurant to be a first rate operation which we can all be proud of and which can be successful for all those involved. As in the first two months of operation, we intend to continue to listen to input from you and Ede Hogue and to strive to accomplish the goals desired by the City of Fayetteville and Ward -Power Management, Inc. Michael G. Ward Ward -Power Management, Inc.