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HomeMy WebLinkAbout61-87 RESOLUTION• RESOLUTION NO. 61-87, A RESOLUTION- AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TELEPHONE SPACE LEASES WITH HARBORAGE, INC. d/b/a FAYETTEVILLE HILTON AND WESTERN INNS MANAGEMENT, INC. d/b/a BEST WESTERN - THE INN. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute direct airport - hotel/motel telephone space leases with Harborage, Inc. d/b/a Fayetteville Hilton and Western Inns Management, Inc. d/b/a Best Western - The Inn, at $20.00 per month. A copy of the form of the lease authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1st day of • • z: 'rr... ,, . A'r'EEST . .,, By: Clerk APPROVED September , 1987. By:Ma or or 0.) • • 94-44, A 6-1A-) SAMPLE LEASE FOR DIRECT AIRPORT- HOTEL'/.MOTEL_TELEPHONE SPACE ersalluir LEAsEAmemarr MICROFILMED This LEASE AGREEMENT executed this 4th day of August. 19 87 by and between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Harborage, Inc;' dba 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 service 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 2. Lessee agrees that its direct phone accompanying adve_tisement will measure approx.: 7" x 4" 3. Term. The initial tem of this agreement shall be for a period of one year commencing on the 29th day of July 19 87, and ending on the 28th day of July , 1988 at 12:00 p.m. This agreement may be extended for up to 5 additional one year terns in accordance with the following procedure: At least 60 days prior to the scheduled termination date, Lessor shall give Lessee written notice of the monthly rent payable in the extended term; at least 30 days prior to the termination date, Lessee shall give Lessor written notice if Lessee exercises this option to extend. 4. Removal of direct phone and a ccompanv-ino_advertisement:. p Upon termination or cancellation of this agreement, Lessee shall imme- diately 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 -z- • 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 clear, the direct phone carrousel. The City shall have the right, at its discretion, to perform necessary maintenance of any 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 Lesson'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 adver- tisement, 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 Fayette- ville 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 operation 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 imme- diately 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 consideration payable Lessor by Lessee under this 116.02 -3 - lease shall be adjusted 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. 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 an 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 from the direct phone carrousel space leased hereby. Upon execution of this lease ag_eement, 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 encumber this lease without the prior written approval of Lessor's Airport Manager. Lessee shall not sublet the demised premises and shall not alloy the demised premises to be used for any purpose not authotized'hy `this agreement, without the prior written approval of Lessor. 11. Lessee shall indemnify and hold Lessor harmless frau and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of ( 110.031 • -4- • 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 indemnify, defend and hold harmless Lessor and Lessor's employees and officials frau 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. Lessee shall have the right to take such action as the United States government may direct to enforce -this dovenant. 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. Lessee 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 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 ofjessee,s.assers;-.—,� (d) The divestiture 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. 11C.04 i 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 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 (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 frau Lessee. 16. Notices: Notices to Lessor shall be sufficient if sent by certified mail, addressed to Lessor's Airport Manager at 113 West Mountain Street, Fayetteville, Arkansas 72701. Notices to Lessee shall be sufficient if sent by certified mail addressed to Lessee at Harborage, Inc. dba Fayetteville Hilton, 70 N. East Street, i''a etteville AH /2/01. Telephone-: 42-5555 IN WITNESS WHEREOF the parties hereto have executed this agreement • on the year and date first above written. ATTEST By: Title: VXc c:v ; we Sc c r Tcrrni CITY OF FAYEIIEVILLE, ARKANSAS Lessor By BY Lessee 6211 Title: &e y eine l ///crl7cn[ Y'Y ) 90-144agrui 8" 6 �n Phone 43;" Figure 1. Restaurant Concourse to Baggage Claim 7 • Individual airport-hotel/Hotel direct phone space. 111C.06 5 (entire carrousel houses 8 individual sections) 5 Carrousel as seen if looking down from the top. 4 \ 3 Direct phone spaces numbered 1-8. Figure 2. Airport manager's offices if [J E N Baggage Claim EXHIBIT "A" • LEASE AGREEMENT MICROFILMED This LEASE AGREEMENT executed this ! ( day of 19$1_ by and between the City of Fayetteville, Arkansas he_ inafter called "Lessor", and Western Inns Management Inc. dba Best Western - TipInn hereinafter called "Lessee". WHEREAS, Iessor 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, TIRE, 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 service at the Fayetteville Airport Terminal Building depicted on Exhibit "A" attached hereto and made a part hereof. Said space consists of ore section identified as direct phone space number 3 2. Lessee agrees that its direct phone accompanying advertisement will measure approxi 7" x 4" • 3. Term. The initial term of this agreement shall be for a period of one year commencing on the 27th day of August 1987 , and ending on the 26th day of August , 19;88 361r- at 12:00 p.m. This agreement may be extended for up to 5 additional one year teens in accordance with the following procedure. At ]east 60 days prior to the scheduled termination date, Lessor shall give Lessee written notice of the monthly rent payable in the extended term; at least 30 days prior to the termination date, Lessee shall give Lessor writtennotice if Lessee exercises this option to extend. 4 Removal of"directs'phone=-and 'accompanying -advertisement. Upon termination or cancellation of this agreement, Lessee shall imme- diately 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 frau the termination or cancellation date, said direct phone and advertisement shall be ;, -2-- 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 any 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 Ccnmittee disapproves a proposed phone style and/or adver- tisement, 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 Fayette- ville 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 operation 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 imme- diately report to Lessee the discovery of any damage to Lessee's ca .Y. .. space. ousel 8. In the event Lessee, through no fault of its own, is deprived frau 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 consideration payable Lessor by Lessee under this u h -3- • lease shall be adjusted 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. 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 an 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 from the direct phone carrousel space leased hereby. 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 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. 11. Lessee shall indemnify 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 -4- • 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 he in violation of any federal, state or local law, Lessee shall immediately remove said material or exhibit and shall indemnify, 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. Lessee 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. 13. Lessee shall have the right to place, or have placed, at the Ai -port 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) 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 divestiture 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 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. (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 he sufficient if sent by certified mail, addressed to Lessor's Airport Manager at 113 West Mountain Street, Fayetteville, Arkansas 72701. Notices to Lessee shall be sufficient if sent by certified mail addressed to Lessee at Western Inns Management, Inc. dba Best Western - The Inn, 1000 Highway 71, Fayetteville, AR 72701. Telephone: 442-0341 IN Will9rs, %HEREOF the parties hereto have executed this agreement on the year and date first above written. ATTEST By: ATTEST By: Title: CITY OF FAYETTEVILLE, ARKANSAS Lessor By Cler{���% r Lessee y� By: VY"1 l /)"0jt/o1...6-1- Title n'-wO g6en_ 8" Figure 1. Restaurant t Concourse to Baggage Claim - 7 • Individual airport-hotel/motel direct phone space. (entire carrousel houses 8 individual sections) Carrousel as seen if looking down ficeu the top 7 6/ 1 Direct phone spaces numbered 1-8. Figure 2. s td E N 3 Airport manager's offices 1 Baggage Claim EXHIBIT "A"