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Home My WebLink About125-86 RESOLUTION• • • RESOUJTION NO. 125-86 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION OF THE CITY'S AIRPORT RESTAURANT LEASE AGREEMENT WITH LORENE O'DONNELL TO INCREASE THE MONTHLY RENT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETJEVILLE, ARKANSAS: That the Mayor and City Clerk_ are hereby authorized and directed to execute a modification of the City's airport restaurant lease agreement with Lorene O'Donnell. A copy of the modification of lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16 .?1-2 4440004....._ .... day of December , 1986. APPROVED By Mayor // MODIFICATION OF LEASE AGREEMENT 7NtlR�'a"� This MODIFICATION OF LEASE AGREEMENT executed this '7' day of Arkansas called "Lessee". 1987, by and between the City of Fayetteville, called "Lessor", and Lorene O'Donnell, hereinafter WHEREAS, Lessor and Lessee executed an airport restaurant lease agreement dated December 15, 1985, which agreement is incorporated herein by reference thereto; and WHEREAS, the parties desire to nullify said agreement. NOW, THEREFORE, Lessor and Lessee mutually agree that the airport restaurant lease agreement between the parties dated December 15, 1985, shall be ntidified as follows: 1. Paragraph 5 of said lease agreement is hereby nullified amending the first sentence in said paragraph to read as follows: Effective January 1, 1987, Lessee shall pay Lessor as rent for use of the demised premises during the term of this lease eight per cent (8%) of Lessee's gross sales per month on the demised premises or $1,442.50 per month, whichever is higher. by This MODIFICATION OF LEASE AGREEMENT executed on the date first above written. Arn.ST CITY OF FAYE1'lEVILLE, ARKANSAS Lessor By: bel(1)0.41��gwvv � J Mayor LORENE O'DONNELL Lessee ay-inpuzifC ** LEASE AGREEMENT This AGREEMENT executed this 3! day of 19 _1tc/ by and between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Lorene O'Donnell, hereinafter called "Lessee". IN CONSIDERATION OF THE MUTUAL OOVEMN1S 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 and operate 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 Lessee's proposal for Bid No. 643 dated October 10, 1985, 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) robnths; "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 cent (8%) of Lessee's gross sales per month on the demised premises or $1,442.50 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 - ** Five year Lease Agreement was executed December 15, 1985. • • • • -2- 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. In the event said rental is not paid on or before the due date, Lessee shall pay a penalty equivalent to 10% of the amount due, said penalty to be compounded monthly until the rent and penalty are paid in full. 6. Lessee shall maintain at all times a current, complete record 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 Connissioner 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`sriall'be damaged-by'fire-or-anytother=cause'- so'as'torender-- said premises untenable, Lessor shall repair the premises at 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. -3 - 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, EMployment9 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 awned business enterprises and female owned business enterprises, hereinafter called MBE, as defined in 49 CFR, part 23, .hereinafter called the "Regulations",, shall have the same maximum opportunity to participate in the performance of all Airport contracts awarded by the City, and the 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 is hall 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:are - .23 incotporaterherein by reference thereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. ATTEST By:(, LCitY1Clerk ATTEST CITY OF FAYETTEVILLE, ARKANSAS LES By Mayor (0) r yliUl _ Lorene O'Donnell Lessee