HomeMy WebLinkAbout105-85 RESOLUTIONRESOLUTION MD
05.8.5
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LEASE AGREEMENT WITH NATIONAL CAR
RENTAL FOR A CAR RENTAL BOOTH IN THE DRAKE FIELD
TERMINAL BUILDING.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE QTY OF FAYEFIEVIUE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute'a lease agreement with National Car Rental for a car rental
'booth in the Drake Field Terminal Building. A copy of the lease agreement
authorized' for execution hereby is attached hereto marked Exhibit
"A" ,and made a part hereof.
PASSED PND APPROVED this 1st day of October
APPROVED
1985.
ate/
Mayor
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LEASE
MICROFILMED
This AGREEMENT, made and entered into by and between the City
of Fayetteville, Arkansas, hereinafter referred to as "Lessor", and
National Car Rental , 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
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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 Car Rental Booth, located in the
Fayetteville Municipal Airport Terminal Building, as shown in the
Terminal Building plat attached hereto, marked Exhibit "A", consisting
of one hundred and eight (108) square feet, more or less.
2. The premises herein let shall be used only for the purpose
of arranging for automobile rental service.
3. Lessor hereby further grants to Lessee, subject to the terms
and conditions hereinafter contained, the right to conduct and operate
an automobile rental concession 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 other individual, firm, or corporation for engaging in like activity
at the Ali rt. Lessor shall not, however, grant to any individual,
firm, or corporation other than Lessee an automobile rental concession
on terms and conditions more favorable in any respect than those herein
granted Lessee.
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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 sum of $568.84 per month base fee; $7.97 per parking
space per 'month for parking lot, plus $.0797 per deplaned passenger
per month. Space in the overflow parking lot will be paid for at
the rate of $34.13 per month.
All fees and charges imposed hereby shall be payable within ten
(10) days from receipt by Lessee of an invoice from Lessor. In the
event of late payment, a 10% penalty, cofounded monthly, shall be
due and payable immediately.
The fees and charges imposed hereby shall be adjusted each January
1st beginning January 1, 1983, to reflect the percentage change, either
up or down, occurring in the consumer price index, U. S. Bureau of
Labor Statistics, Department of Labor, through comparing the index
on December 31st of the two preceding years.
5. Lessor will furnish janitorial and refuse disposal services
and utility services consisting of electricity, heating, and air condi-
tioning ,-for `the•premises=leased hereby: -
6. Lessee agrees:
(a) To furnish good, prompt, and efficient service adequate
to meet all reasonable demands for automobile rental at the Airport
on a fair and reasonable basis, and to charge prices for such services
in accordance with its usual standard, and an amount substantially
similar to those charged for similar services at other airports of
similar size, and in the same general area
;(b) Lessee shall maintain, at his own expense, all automobiles
or equipment in good operative order, free from mechanical defects,
and in a clean, neat, attractive condition inside and outside.
(c)- Lessee "sha-11'rmaintain =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 of Agency with
which he is affiliated for the purpose of supplying automobile rental
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service at 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 Lessee in any manner,
except through the use of signs, which are qualified further in this
contract. It being further understood that neither Lessee or employees
shall be permitted to stand or sit in the lobby area during arrival
or departure of flights.
(e) Automobile storage areas utilized by Lessee shall be
maintained in a clean and attractive condition. Any materials or
trash removed from 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 reason of 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 from and
against any and all claim 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 from=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
occurring :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 minimus 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 Lessor, obtain and maintain during the term hereof, automobile
insurance providing against loss or damage to persons or property
from operation of automobile hereunder, with liability limits of
$100,000.00 for personal injury to, or de th of, any one person in
any one accident, and liability limits of $300,000.00 for personal
injury or death of two or more persons in anyone accident, and $25,000.00
for damage to property in any one accident. Lessee shall provide
certificates evidencing all such insurance to the Finance Director
of°Lessor.a
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 Lessee 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 eventthat 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
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interferred with for a period in excess of fifteen (15) days, then,
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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
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to be eredted or maintained, at its place pf business in the Airport
Terminal, any signs without obtaining the advance consent and approval
of the Airport Manager.
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11. This agreement shall not be varied in its terms by any oral
agreement ;or representation, or otherwise than by an instrument in
writing of subsequent date hereto executed by both parties by their
duly authorized representatives.
12. The term of this agreement shall commence as of
August 1, 1985 , and terminate on the 31st day of
December,"1986 , unless sooner terminated for breach of
the provisions hereof. Lessor hereby grants to Lessee an option to
- extend -the term of this agreement for an additional period of five
(5) years,!subject to Lessor and Lessee mutually agreeing on the rentals,
fees and charges to paid Lessor by Lessee under Paragraph 4 hereof
during said extended term Lessee may exercise this option by giving
Lessor thirty (30) days written notice prior to the expiration date
of the original term hereof. Such notice shall be mailed to: City
Manager, P.O. Drawer F, Fayetteville, Arkansas 72702.
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 Lessor first had and
- obtained; provided,,hovever, the transferhereof to a successor corporation
by merger or consolidation with Lessee shall not be deemed a breach
of this condition; and provided, further, that in event Lessee is
a member of some national system and has been duly appointed for the
performance of this contract by such national system, than any and
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all privileges and rights granted Lessee hereunder may extend to and
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be enjoyed by a substitute Lessee appointed by the same system; provided,
however, Lessee shall continue always to remain directly liable to
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Lessor for the performance of all terms and conditions of this agreement,
and such substitute Lessee shall additionally be bound for the performance
of the terms and conditions hereof.
14. Lessee will 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, for breach of which Lessor shall have the right to take
such action as the United States may direct to enforce compliance.
IN WITNESS WHEREDF, the parties hereto executed this agreement
this A) day of c , 19 dam+
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ATTEST
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By: Qfmi to ,(
Title: A //✓-
CITY OF FAYETTEVILLE
LE
Mayor
NATIONAL CAR RENTAL
LESSEE
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