HomeMy WebLinkAbout53-91 RESOLUTIONamirt—r
•
RESOLUTION NO. 53-91
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTIVE FIVE YEAR LEASE -AGREEMENTS
ON THE TWO BAY CAR WASH FACILITIES LOCATED AT
THE AIRPORT WITH CARCO RENTALS AND BAKER CAR &
TRUCK RENTAL.
•
•
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 five year lease agreement for
a monthly rental fee of $500 per month on the two bay car wash
facility located at the airport with CARCO Rentals, d/b/a Hertz,
and Baker Car & Truck Rentals, d/b/a Avis. A copy of the lease
agreement authorized for•execution hereby is attached hereto marked
•Exhibit "A" and niadesa parg hereof. rd
PASSED AND7APPROVED this 19th day of March
• , 1991.
L.. : • •
tATTEST:
a
4Ci
ty C erkr.c:,"
\-‘
c14‘.
Yeiff\\P
agreement
lease
•
I ! I
•
1
APPROVED:
b
By:
•
•
Mayor
•
•
LEASE
This agreement executed on this
19th day of March
1991, by and between the City of Fayetteville, Arkansas,
hereinafter called Lessor and Carco Rentals Inc. and Baker Car and
Truck Rental Inc., hereinafter called Lessees.
WITNESSETH:
That for and in consideration of the terms, covenants and
conditions herein contained, the parties have agreed and hereby
agree as follows:
ARTICLE I
Premises and Improvements
1.1 Recitals. Lessor owns and operates an airport known as
Fayetteville Municipal Airport, situated in Washington County,
State of Arkansas. Lessee desires to rent certain of said lands
for the purpose of operating thereon a car wash and automobile
service facility, and to operate the same in connection with the
services rendered by the Lessees at Fayetteville Municipal Airport.
1.2 Demised Premises.
and made a part hereof, is
Attached hereto, marked Exhibit "A",
a copy of a plat describing certain
lands located at Fayetteville Municipal Airport. Lessor hereby
leases and lets to Lessees, and the Lessees hereby agree to rent
from Lessor, all of the parcel of land described in said Exhibit
ItAlt
and the existing structure subject to all the terms and
conditions of this lease.
1.3 Possession Subject to Avigation. Lessor covenants and
agrees that upon compliance with the terms and conditions of this
lease, Lessees shall have quiet and peaceable possession of the
demised premises, subject, however, to Lessor's reservation of an
avigation easement for itself, and its licensees, at Fayetteville
Municipal Airport, to use the airspace above the demised premises
for the flight of Aircraft of any and all types and howsoever
powered. Lessee expressly waives all claims against lessor arising
out of, or resulting from, any noise or vibration that may at any
time be caused by any such aircraft.
1.4 Improvements: Ownership and Removal. Prior to any
expiration of this lease, Lessees shall be entitled to remove from
the interior of the demised premises any or all improvements
constructed thereon by Lessees: upon such removal, Lessees shall
surrender to Lessor quiet •and peaceable possession of said lands
and the structure in a good and safe condition. In the event
the Lessees elect not to renew this lease and fails to remove its
improvements on the demised premises within 60 days from the
expiration or relinquishment of this lease, title to such
remaining improvements shall, at the option of Lessor, vest in
Lessor andisuch vesting shall occur in annual increments; Or
Lessor may, at its option, require removal thereof by
Lessees, or Lessor may remove the same at the expense of Lessees.
At the time of lease expiration or relinquishment the Lessor shall
have two (2) options:
1) All structures improvements, and facilities, not limited to
items listed may vest to and become the property of the Lessor
with no further compensation or expense. The Lessees agree to
cooperate and execute all necessary documents for orderly
transfer to Lessor.
2) Lessor at it's option, may require the removal of all
structures, facilities, and improvements not limited to items
listed. If removal is requested, it shall be solely at the
Lessees expense. If request removal is not completed within
60 days, he Lessor may remove the improvements at the expense
of the Lessee.
It should be noted that under no circumstances will the
ownership of the fueling system located on the property vest to the
City. Upon termination of this contract, the fueling system shall
be removed according to Federal s4candards and the property returned
to the City in good and safe condition.
2
•
ARTICLE II
Lease and User
2.1 Term. The term of this lease shall be for a tern of five
(5) years for the date of execution hereof.
2.2 Rental. The annual structure and ground rental rate for
the initial term of this lease shall be Five Hundred Dollars ($500)
for the term of this agreement, with said monthly compensation
adjusted every 12 months to reflect any change in the consumer
price index, either up or down. Rent shall be divided by the
number of car rental agencies using the facility and paid in
monthly increments on the monthly invoices provided by the City.
Should any one or more of the car rental agencies cease operations,
said ground rental shall be divided by the number of remaining
agencies and adjusted up or down by the number of car rental
agencies providing services in the facility at the Airport.
Installment payments will be due from the termination date of the
7
existing Carco agreement, (December 18, 1990) and thereafter shall
be paid in advance for the remaining term of this lease; provided,
however, that in the event of occupancy for a partial month, Lessee
shall pay the proportionate share of the monthly rent for the
portion of the month in which lease termination occurs if the
proper termination notice time frame has been met.
2.3 Purposes and Use. Lessee shall use the demised premises
only in connection with, and in furtherance of, its car wash and
automobile service facility. Lessee shall not commit, nor suffer
to be committed any nuisance on any part of the demised premises.
Lessee shall, at its expense, at all times maintain the demised
premises and all improvements thereon in a •good, safe and
attractive condition. All Local, State and Federal Standards in
regard to fueling facilities shall be in full force and effect
during the term of this agreement and all associated costs for
compliance shall be borne by the Lessees. Additionally, the gravel
drive area used to access the highway to the west and will be
closed and not used as point of ingress or egress, and no trucks
3
or other vehicles not associated directly with the car rental
operation at the Airport shall be permitted to utilize the area.
No part of said property shall be used in any such manner, or for
any such purpose, as to create smoke, dust, soot, •ashes, or any
discharge into the atmosphere in quantities sufficient to affect
the visibility of the airport from the air, or the airport and its
movement areas. No electronic equipment, or electronic device, or
testing device shall be operated on any part of said lands in such
manner as to interfere in any respect with the navigational
facilities or approach facilities now or hereafter operated, or to
be installed and operated, in aid of aircraft approaching said
airport, or flying in the vicinity thereof, either under IFR or VFR
conditions; provided, that this said restriction shall not apply to
any electrical appliances, motors or devices so constructed and
operated as not to interfere with the havigational facilities or
approach facilities of said airport. No portable buildings will
be allowed on the leased property.
2.4 Indemnity. Lessee shall at all times save and hold
Lessor free and harmless from any claim, loss, damage or expense
arising out of, or connected with the operations of Lessee on the
demised premises. Lessor shall keep in full force and effect
during the'term of this agreement, building insurance equal to the
cost of replacement of the facility. Lessee shall also keep in
full force and effect during the term of this agreement workers
compensation insurance in at least the minimum amounts required by
the Laws of the State of Arkansas. Contents insurance, if desired
by the Lessees shall be provided at their sole expense, the City in
no way shall be responsible for the contents of said structure.
ARTICLE III
Miscellaneous
3.1 Assignability. Lessees shall not, without the written
consent of'Lessor, assign this lease, or any rights thereunder, or
sublet any part of the premises; provided, however, this
restriction shall not bar transfer of the interest to any
corporation with which Lessees may merge, or which may become a
4
a successor of Lessees.
3.2 Non -Discrimination. The operation and use of the demised
premises, each Lessee agrees that it will not, on the grounds of
race, color, creed, or national origin, discriminate against any
person, or group of persons, as to hiring, terms or conditions of
employment, promotion, discharge, or in any manner prohibited by
the Federal Aviation Administration as respects to equal
•opportunity in employment and employment conditions. Lessor
shall be entitled to take such steps as may be necessary from time
to time to enforce the provisions of this covenant.
3.3 Regulations. Each Lessee hereby agrees to operate at all
times in accordance with the Minimum Standards as established by
the Board of Directors and amended from time to time, and with all
City, County, State, and Federal Regulations.
3.4 Termination Prior to Expiration.
(a) By notice in event of any default or breach of
conditions by each Lessee, Lessor may, at its option terminate this
lease by giving each Lessee written notice of the alleged default
or breach of condition. Each Lessee shall remedy such default or
defect in performance of breach of condition within thirty (30)
days from the date of such notice or immediately if a safety issue
is involved in the said performance, default or breach. In event
of the failure of each Lessee to do so, Lessor may, at its option,
notify each Lessee of its election to terminate this lease, which
shall thereupon be terminated at the close of the calendar month
not less than twenty (20) days from the time of such notice.
(b) In event either or both Lessees shall be adjudged
bankrupt or shall apply for reorganization under any Federal
Bankruptcy Statute, or in event a receiver of the assets of Lessee
shall be appointed by any court of competent jurisdiction in
Washington County, Arkansas, this lease shall automatically
terminate.
5
3.5 Maintenance. Lessee covenants and agrees to maintain the
demised premises in good condition and state of maintenance,
keeping said premises safe, functioning, and sanitary in accordance
with all City and State Codes and Standards. The property shall
also be maintained in an aesthetically compatible condition,
matching the surrounding grounds and facilities.
3.6 Utilities. Lessees shall pay for all gas, electricity,
water service and sewer services provided to the demised premises.
In addition, Lessees shall pay for sanitation service, telephone
services, and any other desired utility installed on or about the
structure.
3.7 Construction. This agreement shall be constructed under
the laws of the State of Arkansas. This agreement contains all of
the rights and privileges herein granted to Lessees pertaining to
said lease. All prior negotiations relating thereto, whether oral
or in writing, are merged herein, but nothing herein contained
shall be deemed or construed to affect, modify, or alter any other
existing contracts between Lessees and Lessor.
3.8 Disadvantaged Business Enterprise. The parties
acknowledge that it is the policy of the Fayetteville Municipal
Airport that disadvantaged business enterprises, hereinafter called
DBE, as defined in 49 CFR, part 23 hereinafter called
"Regulations", shall have the same maximum opportunity to
participate in the performance of all Airport contracts awarded by
the City, and that DBE requirements of the Regulations shall be
included in and become a binding part of such contracts awarded
by the City, and that DBE 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 it shall not discriminate on
the basis of race, color, national origin, or sex in the award and
performance of all Airport Contracts. The DBE requirements of 49
CFR part 23 are incorporated herein by reference thereto.
6
'
•
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first above written.
AT.T‘EST •t"...;:rt-
SBy:s.
-
=ItCARCO RENTALS, •INC.
e•-•
tESSEE
;act, Amt.
cf.,
BY 4:1,/-
"i.
.• NW' "
tka
Svi
CITY OF FAYETTEVILLE, ARKANSAS
LESSOR
By:
BAKER CAR AND TRUCK RENTAL
LESSEE
By: 9tekiji al>214)14)
ATTE ATTEST
By:Ssaa)g-a-•-•aa•-- \4em-ba-A-A--
7
•
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
STAFF It'EVIEW FORM
For the Fayetteville City Council
FROM:
Dale Frederickk
Name
ACTION REQUIRED:
meeting
of
Airport
Division
Review and approvalThf a Medification
Rentals Inc., to add 297.2 square feet Sf office space to
used for business office space.at a rate of $15.86 per sq
COST TO CITY:
n/a produces revenue
Cost of this Request
Category/Project Budget
$.
Account Number Funds Used To Date
Project Number
BUDGET REVIEW:
Bifdget toordthator
•
n/a
Remaining Balance
LEASE
Al2' oFttC:
sP,AcE
CA }?co K'ETI TLS
Res 3 -1/
n/a MICROFILMEL
General Gvmt.
Department
of Lease Agreement with Carob
their existing contract to be
. ft., Staff recommends approval.
Category/Project Name
Program Name
Fund •
Budgeted Item Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
4:ren :4411.441
Acco
"Aliftd&
A orney
Administrative Services Director
GA/r
GRANTING AGENCY:
A Coordinato
ernal Auditor
Purchasing Officer •
STAFF RECOMMENDATION:
Staff recommends approval
Division Head
Department Director
Administrate
• Mayor
Director
• 5/30/95 .
,Date 4
Date
k-47
Date
Date
Date
--6
Date
Cross Reference
New Item: Yes No
Prey Ord/Res #: Pet. 6-3 -q(
Orig Contract Date:
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO: Contract Review Personnel
FROM: Dale Frederick, Airport Manager
DATE: May 30, 1995
SUBJECT: Modification of Lease Agreement
Attached please find a modification to the lease agreement with Carco Rentals Inc. The purpose
of the modification is to add additional office space to the November 1, 1993 Lease Agreement.
The rate per square foot is $15.86 for the remainder of 1995, and may be adjusted annually in
accordance with air carrier space rentals.
This modification is being made at the request of Carco, who is utilizing the space for business
office operations.
Should you have any questions or require additional information, please do not hesitate to
contact this office.
Attachment: One original Modification of Lease document
Contract Review Form
MODIFICATION OF LEASE AGREEMENT
This AGREEMENT made this 1 st day of January, 1995, by and between the City of
Fayetteville, Arkansas, hereinafter called "Lessor", with CARCO Rentals Inc., hereinafter called
"Lessee", which shall be effective as of January 1, 1995.
WHEREAS, Lessor and CARCO, entered into a lease agreement dated November 1,
1993; and
WHEREAS, the parties desire to modify the aforesaid lease agreement.
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Paragraph 4 of said lease is modified by amending the 1st subparagraph at the end
to add the following:
A. Lessee further agrees to lease for it's exclusive use 297.2
square feet of office space in the terminal building as shown on
Exhibit B, such space being more particularly identified as storage
and office space at the current rate of $15.86 per square ft. for
calendar year 1995. Said rental shall be adjusted at the same air
carrier space rates which are subject to annual adjustment in
December of each year.
2. All provisions of the lease are incorporated herein and are hereby modified to
conform herewith but in all other respects are to be and shall continue in full force and effect
IN WITNESS WHEREOF, the parties have executed this Modification of Lease on the
day and year first above written.
City Clerk
ATTS'It 'act,
By: NAActiAl\kall,
Title:
CITY OF AYETT VILLE, ARKANSAS
Iay
By: 440
LESSEE
By:
Title:
or