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HomeMy WebLinkAbout72-85 RESOLUTIONRESOLUTION ho. 72-85 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE LEASES WITH THE FAYETTEVILLE HILTON AND BEST WESTERN HOTELS FOR DIRECT TELEPHONE SPACE AT THE FAYE1aEVILLE AIRPORT TERMINAL BUILDING. • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TBE CITY OF FAYETIFVi 1IR, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute leases with the Fayetteville Hilton and Best Western Hotels for direct telephone space and the Fayetteville Airport Terminal Building. Copies of the leases authorized for execution hereby are attached hereto marked Exhibits "A" and "8" and made a part hereof. PASSED AND APPROVED this 16th day of July PAP V By Mayor 1985. ROF1l.h LEASE AGREEMENT •7c2' 7 Ail 5-a'1 This Lease Agreement executed this 29th day of July 19 85 by and between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Best Western - The Inn, hereinafter called "Lessee". WHEREAS, Lessor has available for lease at the Fayetteville Airport Terminal Building space for a direct airport-hotel/motel telephone; WHEREAS, Lessee desires to lease said space from Lessor. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. Lessor hereby leases to Lessee, and Lessee hereby; leases from Lessor, that certain air-hotel/motel direct phone space at the Fayetteville.Airport Terminal Building _-depicted._onExhibit "A" attached.. -hereto and made apart hereof. Said space .consists of one section identified as direct. phone. space number 3 2. Lessee agrees that its direct phone accompanying advertisement -r. - _ _.:-_.__ �... will measure approxi 7"`x'4" _.__. 3. Term: The tern of this agreement shall be for a period of one year commencing on the 27th day of August 19 85 , and ending on the. 26th day of August 19 86 at 12:00 P:M. 4. Removal of direct phone and accompanying advertisement: • Upon termination or cancellation of this agreement, Lessee shall immediately remove the direct phone and accompanying advertisement in a workmanlike manner. In the event Lessee fails to remove its direct phone and,, advertisementr;within five (5) days from the termination or cancellation date, said direct=phone and-advertisement.shall_be._deemed,.abandoned and shall become the property of Lessor and Lessor shall have the right to. remove and dispose of said material. 5. Maintenance: The City shall maintain and clean the direct phone carrousel. The City shall have the right, • -.✓ at its discretion, to perform necessary maintenance of and repairs to the direct phone and accompanying advertisement in order to maintain a high standard of appearance; the cost of such maintenance of repairs shall be paid by Lessee within fifteen (15) days from receipt of a statement therefore from Lessor. 6. The direct phone and accompanying advertisement shall not be placed on the direct phone carrousel leased hereby to Lessee without the prior approval of Lessor's Airport Committee. Lessee agrees that Lessor's Airport Committee may disapprove any proposed phone style and/or advertising material which Lessor's Airport Committee determines would be detrimental to the operation of the Airport. In the event the Airport Couuuittee disapproves a"proposed phone style and/or advertisement, the Airport Manager shall state in writing to Lessee the reasons the proposed phone style and/or advertisement would be detrimental to the operation of the Airport. The Airport Coumnittee and the Fayetteville Board of Directors shall have the right to refuse to approve any proposed phone style and/or. advertisement, which is found to violate any federal, state, or local law or which is found to infringe upon any copyright or trademark. 7. The City shall provide random surveillance during normal Airport operating hours in order to protect Lessee's. direct phone carrousel space 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 carrousel space. 8. In the event Lessee, through no-fault of .its own., is deprived from using the direct phone carrousel leased hereby, or if the public is denied normal access to the Airport Terminal Building during regular working hours, the - 3 consideration payable Lessor by Lessee under this lease shall be adjusted downward on a pro -rata basis for the period of such deprivation or denial. Should such de- privation 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. 9. Consideration: As consideration for use of the demised premises, Lessee agrees to pay Lessor for the term of this lease the sum of $ per month/or $ 20.00 per month if Lessee leases a advertising space in the terminal building (whichever is applicable). Payable 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 (10%) percent of the 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 tore move the, direct phone and accompanying advertisement from the direct phone carrousel space leased hereby. t. • Upon execution of this lease agreement, Lessee shall deposit with Lessor a damage deposit in the amount of 50.00 Said deposit, less expenses incurred by Lessor to repair damage caused by Lessee or Lessee's agents, employees, licensees, or invitees, and less costs incurred by Lessor toclean the display space. leased hereby, shall be returned to Lessee upon termination or cancellation of this agreement. 10. 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 1 prior written approval of Lessor. 11. 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 leased hereby is determined to be in violation of any federal, • state or local 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 and penalties which may arise therefrom. 12. Lessee shall not, on the grounds of race, color, creed,,, national origin, sex, or handicap, discriminate or. permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964 and Part 21 of the Regulations of the Office of the • • • • Secretary of Transportation as now worded or as may hereafter be amended. Lessor shall have the tight 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. ` 13. Lessor shall have the rightto place, or have placed, at the Airport any advertisement or exhibit. 14. 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 (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. 15. 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 apart 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 co substantially restrict Lessee from using the demised premises for a period in excess of 90 days. a. • (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. 16. 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 72701. Notices to Lessee shall be sufficient if sent by certified mail. addressed to'" Lessee at No. 1000 Hwy. 71 Bypass, Fayetteville, A 72701 IN WITNESS WHEREOF the parties hereto have executed this agreement on the year and date first above written. ATTEST:' ATTEST: (Title) CITY OF FAYETTEVILLE, ARKANSAS, LESSOR • Mayor gez-fr 1-44,1471 jEvi,9 LESSEE /Hatt ,4 By: Mafl 9ei (Ti e) 1 C 4 0 m 0 I id I • • • L L • O m r i • • • • MS - 17, I 'I • 4I a. I D DJ' m 1 x -i v r LEASE AGREEMENT This Lease Agreement executed this 29th day of July , 1985 by and between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Fayetteville Hilton hereinafter called "Lessee". WHEREAS, Lessor has available for lease at the Fayetteville Airport Terminal Building space for a direct airport-hotel/motel telephone; WHEREAS, Lessee desires to lease said space from Lessor. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain air-hotel/motel direct phone space at the Fayetteville Airport Terminal Building depicted on Exhibit "A" attached hereto and made a part hereof. Said space consists of one section identified as direct phone space number 1 2. Lessee agrees that its direct phone acccarpanying,advertisarent will measure approx. 7" x 4" 3. Term: The term of this agreement shall be for a period of one year commencing on the 29th day of July 19 85 , and ending on the 28th day of July 19 86 at 12:00 P.M. 4. Removal of direct phone and accompanying advertisement: Upon termination or cancellation of this agreement, Lessee shall immediately remove the direct phone and accompanying advertisement in a workmanlike manner. In the event Lessee fails to remove its direct phone and advertisement within five (5) days from the termination or cancellation date, said direct phone and advertisement shall be deemed abandoned and shall become the property of Lessor and Lessor shall have the right to remove and dispose of said material. 5. Maintenance: The City shall maintain and clean the direct phone carrousel. The City shall have the right, at its discretion, to perform necessary maintenance of and repairs to the direct phone and accompanying advertisement in order to maintain a high standard of appearance; the cost of such maintenance of repairs shall be paid by Lessee within fifteen (15) days from receipt of a statement therefore from Lessor. 6. The direct phone and accompanying advertisement shall not be placed on the direct phone carrousel leased hereby to Lessee without the prior approval of Lessor's Airport Committee. Lessee agrees that Lessor's Airport Committee may disapprove any proposed phone style and/or advertising material which Lessor's Airport Committee determines would be detrimental to the operation of the Airport. In the event the Airport Committee disapproves a proposed phone style and/or advertisement, the Airport Manager shall state in writing to Lessee the reasons the proposed phone style and/or advertisement 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 phone style and/or advertisement, which is found to'violate any federal, state, or local law or which is foundHo infringe upon any copyright or trademark. 7. The City shall provide random surveillance during normal Airport operating hours in order to protect Lessee's direct phone carrousel space against damage from vandalisth 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 carrousel space. 8. '; In the event Lessee, through no fault of its own, is deprived from using the direct phone carrousel leased hereby, or if the public is denied normal access to the Airport Terminal Building during regular working hours, the L. consideration payable Lessor by Lessee under this lease shall be adjusted downward on a pro -rata basis for the period of such deprivation or denial. Should such de- privation 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. 9. Consideration: As consideration for use of the devised premises, Lessee agrees to pay Lessor for the term of this lease the sum of $ per month/or $ 20.00 per month if Lessee leases a advertising space in the terminal building (whichever is applicable). Payable 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 (10%) percent of the 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 the direct phone and accompanying advertisement frau the direct phone carrousel spare leased hereby. • 4 Upon execution of this lease agreement, Lessee shall deposit:with Lessor a damage deposit in the amount of $ 50.00 Said deposit, less expenses incurred by Lessor to repair damage caused by Lessee or Lessee's agents, employees, licensees, or invitees, and less costs incurred by Lessor to clean the display space leased hereby, shall be returned to Lessee upon termination or cancellation of this agreement. 10. Lessee shall not assign, transfer, pledge, or otherwise encumberthis 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`purpase not authorized by this agreement, without the prior written approval of Lessor. 11. 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 anly material or exhibit placed in the display space leased hereby is determined to be in violation of any federal, state or. local 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 and penalties which may arise therefrom. 12.,, Lessee shall not, on the grounds of race, color, creed, national origin, sex, or handicap, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964 ,and Part 21 of the Regulations 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 Statesgovernment may direct to enforce this covenant. Nothing contained herein shall be construed to grant or authorize the the meaning of Section 308 of the Federal Aviation Act of 1958. 13, Lessor shall have the right to place, or have placed at the Airport any advertisement or exhibit. 14. Termination by Lessor: In addition to any other Fj right of termination contained herein, Lessor shall have the right t� terminate this agreement in the event of any of the - following: granting of an exclusive right within (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 devised premises; (f) Damage from any cause to the demised premises which damage makes said premises untenantable for 90 days. 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 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. 1 (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. 16.' 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 72701. Notices to Lessee shall be sufficient if sent by certified mail. addressed to - Lessee at 70 N. Past Street, Fayetteville, AR 72701 IN WITNESS WHEREOF the parties hereto have executed this agreement on the year and date first above written. • ATTEST: Clerk ATTEST:: (Title) CITY OF FAYETTEVILLE, ARKANSAS, LESSOR By 6La Mayor LESSEE • (Title) 61 °en'e✓c%l /90.4CC2#}r 17" Figure 1. Individual airport-hotel/hule1 direct phone space. (entire carrousel horcz 8 individual sections) Restaurant t Concourse to Baggage Claim Carrousel as seen if looking down fr m the top. 6/ 7 3 1 Direct phone spaces numbered 1-8. Figure 2. Airport manager's offices ry y S N Baggage Claim EXHIBIT "A"