HomeMy WebLinkAbout38-89 RESOLUTIONRESOLUTION NO. 38-89
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A ONE-YEAR LEASE AGREEMENT
WITH ROBERT BIANCO OF BUTTERFIELD TRAIL
VILLAGE FOR ADVERTISING DISPLAY SPACE AT
AIRPORT TERMINAL BUILDING.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE,-ARKANSAS:
Section 1. That- the Mayor and City Clerk are hereby
authorized and directed to execute a one-year lease agreement with
Robert Bianco of Butterfield Village for advertising space at the
Airport Terminal Building. A copy'of the'agreement authorized for
execution is attached hereto marked Exhibit "A"'and made a part
hereof.
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PASSED AND APPROVED this 18th day of April
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APPROVED
By:
, 1989.
dos/ 7-4.0c-fri
Mayor
LEASE AGRW4ENr
This (EASE AGREEMENT executed this a? day of
19 7, by and between the City of Fayetteville, Arkansas, hereinafter
called "Lessor", and ROBERT BIWCO
of
BUTTERFIELD TRAIL VILLAGE , hereinafter
called "Lessee".
WHEREAS, Lessor has available for lease advertising display space
at the Fayetteville Airport Terminal Building; and
WHEREAS, Lessee desires to lease certain advertising display
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 advertising display space at the Fayetteville
Airport Terminal Building depicted on Exhibit "A" attached hereto
and made a part hereof, which display space consists of one (1) wall
display measuring 26 X 421 identified as exhibit space
number 20
2. Term: The initial term of this agreement shall be for a
Ler
ed of one year commencing on the
. day of
19 rand ending on the day of , 19
at 12:00 p.m. This agreement may be extended for up to 5 additional
one year terms 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.
3. Removal of Display Material: Upon termination or cancellation
of this agreement, Lessee shall immediately remove all display material
in a workmanlike manner. In the event Lessee fails to remove all
display material Within five (5) days from the termination or cancellation
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date, said display material shall he deemed abandoned and shall become
the property of Lessor and Lessor shall have the right to remove and
dispose of said material.
4. Maintenance'- The City shall maintain and clean the display
case. The City -shall have the right, at its discretion, to perform
necessary maintenance of and repairs to any display sign, poster,
or other advertising material or exhibit in the display case in order
to maintain ahigh standard of appearance; the cost of such maintenance
or repairs shall be paid by Lessee within fifteen (15) days from receipt
of a statement therefore from Lessor.'
5. No advertising material or exhibit shall be placed in the
display space leased hereby to Lessee without the prior approval of
Lessor's Airport Committee. Lessee agrees that Lessor's Airport Committee
may disapprove any proposed advertising material or exhibit which
Lessor's Airport Committee determines would be detrimental to the
operation of the Airport. In the event the Airport Committee disapproves
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a proposed advertisementor exhibit, the Airport Manager shall state
in writing to Lessee the reasons the proposed advertisement or exhibit
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 advertisement, material or exhibit
which is found to violate any federal, state, or local law or which
is found to infringe upon any copyright or trademark.
6. The City shall provide police surveillance during normal
Airport operating hours in order to protect Lessee's display 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 display.
7. In the event Lessee, through no fault of its
own, is deprived
from using the display space 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 lease
shall be adjusted downward.on a pro -rata basis for the period of such
deprivation-or.denial. Should such deprivation or denial continue
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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.
8. Consideration: As consideration for use of the demised
premises, Lessor. -agrees to pay Lessee for the term of this Lease the
sum of $
960.00 payable in monthly installments of
$ 80.00 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 percent
(10%) 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 any display material from the display space leased
hereby.
Upon execution of this lease agreement, Lessee shall deposit
with Lessor a damage deposit in the amount of $ 80.00 . Said
deposit, less expense's incurred by Lessor to repair damage caused
by Lessee or Lessee's agents, employees, licensees, or invitees, and
less costs incurred by Lessee to clean the display space leased hereby,
shall be returned to Lessee upon termination or cancellation of this
agreement.
9. 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 pu_pose not
authorized by this agreement; without the prior written approval of
Lessor.
10. 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
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 exhibitplaced 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 from all claims, damages and penalties which may arise
therefrom.
11. 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 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.
12. Lessor shall have the right to place, or have placed, at
the Airport any advertisement or exhibit.
13. Termination by Lessor: In addition to any other right of
termination contained herein, Lessor shall have the right to terminate
this ag_eement 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
14.,..,.Termiriation byLessee: 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 ir. Exhibit "A" attached hereto and made a part
hereof.
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(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 usirg 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 pe.formance 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
15. 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 1923 East Joyce Street, Fayetteville, Aticansas 72703
IN WITNESS WHEREOF the parties hereto have executed this agreement
on the year and date first above written.
ATTEST
By:
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Title: i2/0 1 ()ffflLLfGGI��) 4e__
-- , JO�C FICIAL sL
ROBIN COOK
•�`, .OTARY PUBLIC -ARKANSAS
• .WP5QNGTON COUNTY._
�;M'? ccimmSSION-EXPRES- I2/ I O/93 • 1 v:
CITY OF FAYETTEVILLE, ARKANSAS
Lessor 2
By: an)/
Mayor
Lessee
By:
Title:
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