HomeMy WebLinkAbout102-85 RESOLUTIONRESOLUTION NO. 102-85
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CT.FRK
TO EXECUTE 'IWO LEASE AGREEMENTS FOR ADVERTISING
SPACE IN THE DRAKE FIELD TERMINAL BUILDING WITH
THE HILTON HOTEL AND BEST WESTERN - THE INN.
BE IT. RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYEITEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute two lease agreements for advertising space in the Drake
Field Terminal Building with the Hilton Hotel and Best Western - The
Inn. Copies of the lease agreements authorized for execution hereby
are attached hereto marked Exhibits "A" and "B" and made a part hereof.
PASSED AND APPROVED this 17th day of September
q
t
APPROVE
dija,
Mayor
, 1985.
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•
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LEASE AGREEMENT
This. Lease Agreement
executed this aE5 a y
4-47tax-t, 19iLf by and between the City of
of
Fayetteville,
Arkansas hereinafter called "Lessor", and The Fayetteville Hilton
of X70 North East Street, Fayetteville,
Street
Arkansas .1
State
WHEREAS, Lessor
display space at the
1
ands
f
has
City
, hereinaftercalled "Lessee".
available for lease
advertising
Fayetteville Airport Terminal Building;
WHEREAS, Lessee desires to lease certain advertising
display 'pace from Lessor.
I NOW! THEREFORE, in consideration of the
I
contained herein the parties hereby agree as
1. Lessor hereby leases to Lessee, and
leases from Lessor, that certain advertising
at the Fayetteville
mutual covenants
follows:
Lessee hereby
display space
Airport Terminal Building depicted on.
Exhibit 'A" attached hereto and made a part hereof, which
display space consists of one (1) wall display measuring
Exterior: 28" x 44" identified as exhibit
space number
26
2.Term: The term of this agreement shall be
for a
period of one year commencing on the 23rd day of October
19.85, and ending on the 22nd day of pcuber , 1986
12:00 P.M...
3.
at
Removal of Display Material: Upon termination or
cancellation of this agreement, Lessee shall immediately
f.
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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 Cityshall have the right, at its discretion,
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to perform necessary maintenance of,and repairs to any
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display sign, poster, or other advertising material or
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exhibit in the display case in order to maintain a high
standardl,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 Ithe &splay 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
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advertising material or exhibit which Lessor's Airport
Committee determines would be detrimental to the operation
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of the Airport. In the event the Airport Committee disapproves
( I�
a proposed advertisement or exhibit, the Airport Manager
shall state in writing to Lessee the reasons the proposed
advertisement or exhibit would be detrimental to the operation
1�
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
I
found to violate any federal, state, or local law or which
is found to infringe upon any copyright or trademark.
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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 thediscovery of
any`' damage to Lessee's display.
j 7. In the•event Lessee, through no fault of its own,
is jdeprived from using the display space leased hereby, or
if the public is denied normal access to the Airport Terminal
Buildingpduring regular working hours, the consideration
it
i 11
payable Lessor by Lessee under this lease shall be adjusted
1 1
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
i
Lessee shall pay a late charge equivalent to ten percent
i
1
COM ofithe 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
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material from the display space leased hereby.
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Upon 'execution of this lease agreement, Lessee shall
deposit with
$ 80.00!
Lessor a damage deposit in the amount of
Said deposit, leas expenses incurred by
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Lessor to repair damage caused by Lessee or Lessee's agents,
employees, licensees, or invitees, and less costs incurred
1
by Lessee to clean the display space leased hereby, shall.be
1
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
6
leased hereby is determined to be in violation of any federal,
state orlocal law, Lessee shall immediately remove said
material or exhibit and shall idemnify, defend and hold
harmless Lessor and Lessor's employees and officials from
all claims, damages
11.1 Lessee shall not,
creed, national origin, sex, or
1
permit discrimination against any perso
in any manner prohibited by Title VI of
of 19641�and Part 21 of the Regulations
and penalties which may arise therefrom.
on the grounds of race, color,
handicap, discriminate or
n or group of persons
the Civil Rights Act
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
right to
termination contained herein, Lessor shall have the
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
opel ation 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. I 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 cour
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
coveinant contained herein and the failure of the City to
remedy such default within 60 days after receipt of written
notice from Lessee.
t of competent
jurisdiction
15. Notices Notices to Lessor shall be sufficient if sent
by certified mail, addressed to Lessor's
P.O. Drawer F, Fayetteville
shall bejsufficient if sent
Lessee at
Airport Manager at
, Arkansas 72702.
Notices to Lessee
by certified mail addressed to
IN WITNESS WHEREOF the parties
Agreement on the year and date
ATTEST:
(Title)
16. AVAILABILITY OF SPACE No.
•
hereto have executed this
first above written.
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
LESSEE
/� o
B : �•�,/�-
(Title
crtVG-I
an«5 we P.
27 or No. 28. That the Fayetteville
Hilton be ,given the opportunity to move wall display from No 26 to either
Space No.'27 or Space No 28, when either
Roland Sard`aczuk, Gey ra`1 Manager
shoukd come
le
City of Fa ett= alle; Arkansas
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LEASE AGREEMENT
This Lease Agreement executed this day of
1 , 19 by and between the City of Fayetteville,
I
Arkansas;. hereinafter called "Lessor", and gest Western -The Tnn
of Hictiways 71 and 62. Fayetteville,
r Street City
Arkansas
State
,
hereinafter called "Lessee".
WHEREAS, Lessor has available for lease advertising
display space at the Fayetteville Airport Terminal Building;
and
WHEREAS,
display space
NOW) THEREFORE,
contained herein the
1. 1Lessor hereby leases to
leases from Lessor, that certain
at the Fayetteville Airport
Lessee desires to lease certain advertising
from Lessor.
in consideration of the mutual covenants
parties hereby agree as follows:
Lessee, and Lessee hereby
advertising display space
Terminal Building depicted on
Exhibit
display
A" attached hereto and made a part hereof, which
pace consists
Exterior:. 28" x 44"
28
2.
of one
(1) wall display measuring
identified as exhibit space number
Term: The term of this agreement shall be for a
September
, 1986 at
period of one year commencing on the 11th day of
1985 and ending on the 10__ day of septesrter
12:00 F.M..
3. Removal of Display Material: Upon termination or
cancellation of this agreement, Lessee shall immediately
2
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 or exhibit 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 violate any federal, state, or local law or which
is found to infringe upon any copyright or trademark.
1
6. iThe 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
downwardton 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%) ofthe 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
employees, licensees, or invitees, and less
by Lessee to clean the display space leased
returned. to Lessee upon termination or
agreement.
9. 'Lessee shall not assign,
encumber this lease without the prior written
Lessor's Airport Manager. Lessee shall not sublet
premises and shall not allow.the demised premises
for any purpose not authorized by this agreement,
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,
limited to, claims for death or personal injury
person, loss or damage to property, and damages
trademark or copyright infringement,
event any material or exhibit placed
leased hereby is determined.to
state or local law,
material or exhibit
harmless. Lessor and
all claims, damages
11. Lessee
creed, national
permit discrimination against
in any manner prohibited by Title
of 1964 and Part 21 of the Regulations of
Lessee's agents,
costs incurred
hereby, shall be
cancellation of
transfer,
pledge,
or
approval
the
this
otherwise
of
demised
to be used
without the
but not
to any
for libel,
or plagiarism. In the
in the display space
be in violation of any federal,
Lessee shall immediately remove said
and shall idemnify, defend and hold
Lessor's employees and officials from
and penalties which may arise therefrom.
shall
not, on
the
grounds of race, color,
origin, sex, or handicap,' discriminate or
any
person or group of
persons
VI of the Civil Rights Act
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.
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(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 72702, Notices to Lessee
shall belsufficient if sent by certified mail addressed to
Lessee at 1000 Ai(hwav 71 By Pass, Favetteville, AR 72701 •
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the year and date first above written.
ATTEST
(Title)
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
6;ii:5-21/
By:
Mayor
D21,7„
LESSEE, js f b'sib fes'^ L1
By %— Lea
Title) ancfe,