HomeMy WebLinkAbout9-84 RESOLUTIONRESOLUTION NO.
9-84
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MODIFICATION OF THE -CITY'S LEASE AGREEMENT
WITH CHARLES COLE FOR A SPACE AT THE FAYETTEVILLE
MUNICIPAL AIRPORT 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 execiute'a modification of the City's lease agree-
ment with Charles Cole.for space at the Fayetteville Municipal
Airport to operate an airport limousine service. A copy of
the modification authorized for execution hereby is attached
hereto, marked Exhibit "A", and made a part hereof.
—n" -PASSED AND APPROVED this 17th day of January, 1984.
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APPROVED:
LEASE
This agreement, made and entered into by and between the City
of Fayetteville, Arkansas, hereinafter referred to as Lessor, and
Charles Cole, hereinafter referred to as Lessee:
WITNESSETH:
WHEREAS, the Lessor owns, operates, and maintains an Airport known
as Drake Field in the County of Washington, State of Arkansas, and,
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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 FSdribit "A", consisting of approximately 108 sq. ft.
of space in the Airport Terminal Building and two (2) parking spaces to be
designated by Lessor's Airport Manager. Said leased premises and parking
spaces shall be for Lessee' s- exclusive use. Lessor shall designate the
leased parking spaces, by the use of pavement markings, as 'limousine
Parking Only." Lessee agrees that upon 30 days written notice from Lessor,
Lessee will relocate, at Lessee's expense, to the 12 square feet of space
depicted on Exhibit "A" attached hereto and made a part hereof. In the
event of such relocation, the rent payable by Lessee shall become $55.00
per month for the remainder of this lease.
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 deal with, and perfect, arrangements with any
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EXHIBIT . A
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other individual, firm, or corporation for engaging in like activity
at the Airport.
4. Lessee agrees to pay Lessor as rental for use of the premises
leased to it hereunder, and for the rights and privileges herein granted
by the Lessor; the sun of$225:00 per month base fee, and $25:00 per
parking space prr month, 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
conditioning for the premises leased hereby.
6. Lessee agrees:
(a) TO furnish good, ptoupt, 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.
(b) Lessee shall maintain, at his own 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 )(cop the same open for such periods during each day, and for such
days, during each week as may be necessary to moot 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 from time to time be
formulated by Lessor concerning management, operation, or use of said
Airport, and Lessee shall not permit its agents, servants, or employees
to conduct business in said Airport in a loud, noisy, boisterous, offensive
or objectionable manner, not permit said employees to solicit and/or
conduct business outside the space assigned to Tt'S4ee 1n any manner,
except through the use of signs, which are qualified further in this contract.
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It being further understood that neither Lessee or employees shall be
permitted to stand or sit in the lobby area during arrival or departure
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of flights
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(e) 'Areas utilized by TPssee shall be maintained in a
clean and attractive condition. Any materials or trash removed
frau vehicles shall be, placed in proper trash receptacles.
(f) That Lessee will meet all expenses in connection with
the leased premises hereunder,- and the rights and privileges herein
granted, including without limitation by reasonof enumeration, taxes,
permit fees, license fees, and assessments lawfully levied or
assessed upon premises or structures and improvements at any time situated
thereon, and that it will secure all required permits and licenses.
7. Hold Harmless:
.(a) Lessee shall keep and hold harmless Lessor frau and
against.any and all claims, demands, suits, judgments, costs and
expense asserted by any person or persons, including agents or employees
of Lessor or Lessee, by reason of death or injury to persons, or loss
or damage to_property resulting fL a Lessee's operation hereunder, or
sustained in or upon the leased premises, or as the result of anything
claimed to be done or omitted to be done by Lessee hereunder.
(b) lessee shall obtain and maintain continuously in effect
at all times during the term hereof, at Lessee's sole expense, general
liability insurance protecting Lessor against liability which may
accrue against Lessor by reason of Lessee's wrongful conduct incident to
the use of the leased premises, or resulting from any accident occuring
on or about roads, driveways, or other public places used by Lessee at
• the Airport in the operation hereunder. Such insurance must be in the
minimum amount of $100,000.00 for personal injury or death of any one
person in any one accident, the minimum sum of $300,000.00 for personal
injury or death of two or more persons in any one accident, and the
minimum sum of $25,000.00 covering property damage, and shall name
Lessor as a co-insured thereunder. Lessee shall also, without cost to
Tirigsor,obtain and maintain during the berm hereof, automobile
insurance providing against loss or damage to persons or property from
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operation of automobile hereunder, with liability limits of $100,000.00
for personal injury to, or death of, any one person in any one accident,
and liability limits of $300,000.00 for personal injury to, or death of,
two or more persons in any one accident, and $25,000.00 for damage
to property 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 in the payment of any
sums due hereunder, or shall default in the performance of any other
covenant required to be kept by Tessee hereunder, and such default shall
continue for a period of thirty (30) 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 agreement, and in the event of such termination,
Lessee shall have no further rights hereunder, and shall thereupon remove
from said premises and shall have no further rights or claims thereto
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
iriterferred 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 .Tegeee'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.
12, This agreement_ shall not be varied in its terms by any oral
agreement or representation, or otherwise than by an instrument in
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writing of subsequent date hereto executed by both parties by their
duly authorized representatives.
12. The term of this agreement shall be for a period of one year
oamrencing on the 1st day of January, 1984, and terminating on the 31st
day of December, 1984, unless sooner terminated for breach of the
provisions hereof.
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 written consent of Tecsor first had and obtained; provided,
however, the transfer hereof to a successor corporation by verger or
consolidation with Tecsee shall not be deemed a breach of this condition;
and provided, further, that in the event Lessee is a member of some
national system and has been duly appointed for the performance of this
contract by such national system, then any and all privileges and
rights granted Lessee hereunder may extend to and be enjoyed by a substitute
Lessee appointed by the same system; provided, however, Lessee shall
-continue always to remain directly liable to Lessor for the performance
of all terms and conditions of the agreement, and such substitute Lessee
shall additionally be bound for the performance of the tern and conditions
hereof.
14_ Lessee -will not, on the grounds of -race,-Dolor, creed, or national
origin, discriminate or permit discrimination against any person or group
of persons in any manner prohibited by Federal Aviation Regulations, for
breach of which 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
17th day of January, 1984.
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LES6;SOR OF F T1.F, ARKANSAS
BY: ,ildelast"47
Mayor
LESSEE: Charles Cole
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