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HomeMy WebLinkAbout126-86 RESOLUTIONRESOLUTION ND. 1 2f -RA, • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH CHARLES COLE FOR ONE AIRPORT LIMOUSINE RENTAL BOOTH AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYEITEVILIE, ARRA!CAS: That the Mayor and City Clerk are hereby authorized and directed to execute a lease with Charles Cole for one airport limousine rental booth at the Fayetteville Municipal Airport. A copy of the lease authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16 day of December , 1986. APPROVED By: fA,ity,iclow,,,,,,„„ii Mayor o // ,LEASE t This agreement, made land entered into and between the City of Fayetteville, Arkansas, hereinafter r6fe red togas 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, - WHEREAS, the Lessee desires to lease and rent certain space therein for the put se 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 Exhibit "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 ofspace depicted on Exhibit "A" attached hereto and made a part hereof. In the event of such relocation, the rent payable by Lessee shall become $89.25 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. -2- 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 tote an exclusive concession, and Lessor shall have the right to deal with, and perfect arrangements with, any other individual, firm, or corporationifor engaging in like activity at the Airport. 4. Lessee agrees to pay Lessor as rental fbr use of the premises leased to it hereunder, and for the rights and privileges herein granted by the Lessor, the sum of $297.50 per month base fee, and $25.00 per parking space per month, payable by the 10th day of each month. In the event Lessee does not pay said rental on or before the due date, Lessee shall pay a penalty equivalent to 10% of the amount due. Said penalty shall be compounded monthly until the rental and penalty are paid in full. 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 airport limousine service at the Airport and to charge a fare for such service not in excess of $8.00 per passenger, one way from point to point. (b) Lessee shall naintain, 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 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 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. • P. -3- (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 loud, noisy, boisterous, offensive or objectionable manner, not permit said.emp conduct business outside the space assigned oyees ib solicit and/or oLessee 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) Areas utilized .by Lessee 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 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 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 frau Lessee's operation hereunder, or sustained in or upon the leased premises, or as the result of anything claimed to be done or anitted 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 „art -4- must be in the minimum amount of $25,000.00 for personal injury or death of any one person in any one t`cident, the minimum sum of $50,000.00 for personal injury or death of two or more persons in any one accident, and the minimum sum of $15,000.00 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 frau operation of automobile hereunder, with liability limits of not less than $25,000.00 for personal injury to, or death of, any one person in anyone accident, and liability limits of not less than $50,000.00 for personal injury to, or death of two or more persons in any one accident, and not less than $15,000.00 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 Lessee hereunder, and such default shall continue for a period of thirty (30) days after notice thereof frau 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 interfered with for a period in excess of fifteen (15) days, then,m 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 as its option, to suspend this agreement for the periods of such disability. E. -5- 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. - 11. This agreement shall not be varied in its terms by an 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 be for a period of one year commencing on the 1st day of January, 1987, and terminating on the 31st day of December, 1987, 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 Lessor first had and obtained; provided, however, the transfer hereof to a successor corporation by merger or consolidation with Lessee 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 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. -6 - IN WITNESS WOOF, the parties hereto executed this agreement this /0 T day of ATTEST By: 197.' CITY OF FAYEa'IEVILLE, ARKANSAS Lessor -. By: 7)1(4&dL Mayor 1 CHARLES COLE Lessee /1414Tr% af, a ad -L