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HomeMy WebLinkAbout119-16 RESOLUTION0 .RHI.. �n'kbfi S.i.1. 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 119-16 File Number: 2016-0271 ROGERS, INC.: A RESOLUTION TO APPROVE A ONE YEAR LEASE AGREEMENT WITH ROGERS, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING IN THE AMOUNT OF $330.00 PER MONTH TO PROVIDE IN-FLIGHT CATERING SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year lease agreement, a copy of which is attached to this Resolution, with Rogers, Inc. for the office space in the Airport Terminal building in the amount of $330.00 per month to provide In -Flight catering services. PASSED and APPROVED on 6/7/2016 Attest: 040-M ENx I Sondra E. Smith, City Clerk Treasurer �,r��'''I 1j R "����, vov;/VG `WA Page 1 Printed on 618116 City of Fayetteville, Arkansas Text File Y File Number: 2016-0271 Agenda Date: 6/7/2016 Version: 1 In Control: City Council Meeting Agenda Number: A. 12 ROGERS, INC.: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A RESOLUTION TO APPROVE A ONE YEAR LEASE AGREEMENT WITH ROGERS, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING IN THE AMOUNT OF $330.00 PER MONTH TO PROVIDE IN-FLIGHT CATERING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year lease agreement, a copy of which is attached to this Resolution, with Rogers, Inc. for the office space in the Airport Terminal building in the amount of $330.00 per month to provide In -Flight catering services. City of Fayetteville, Arkansas Page 1 Printed on 6/8/2016 City of Fayetteville Staff Review Form 2016-0271 Legistar File ID 6/7/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Johnny Roscoe 5/18/2016 Aviation Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and Rogers, Inc. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Approval Date: V20140710 CITY OF a e eIle ARKANSAS MEETING OF JUNE 7, 2016 TO: Mayor Lioneld Jordan Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director FROM: Johnny Roscoe, Airport Director DATE: May 18, 2016 SUBJECT: Rogers, Inc. Lease Agreement RECOMMENDATION: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and Rogers, Inc. BACKGROUND: Rogers, Inc. provides in-flight catering services. DISCUSSION: Rogers, Inc. requests space in the Airport Terminal Building to be able to provide in-flight catering services at the Drake Field Airport. BUDGET/STAFF IMPACT: Rogers, Inc. will pay a monthly rent of $330 for use of the space. Attachments: Staff Review Form City Council Memo Lease Agreement Airport Terminal Building Layout with rented space indicated Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Lease Agreement between The City of Fayetteville, Arkansas And Rogers, Inc. The purpose of this Lease Agreement is to establish an agreement between the City of Fayetteville, Arkansas ("City") and Rogers, Inc. for the use of space available in the City's Drake Field terminal building to operate a catering business. 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by Rogers, Inc. as obligations to the City, the City lets, leases and demises unto Rogers, Inc., subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: See attached layout of Airport 2. Term. This term shall commence on June 8, 2016, and shall end on June 8, 2017. The term of this lease may be extended only upon the mutual agreement of Rogers, Inc. and the City. 3. Rent. Rogers, Inc. agrees to pay to City of Fayetteville as rental for the term of this lease the sum of $330.00 per month. The first pro -rated monthly payment shall be paid on June 8, 2016 and each monthly payment thereafter is due on or before the fifth business day of the month. A late fee shall be imposed, at the highest rate allowable by law, on all payments which are not received by City of Fayetteville within five (5) business days from the due date. 4. Use. Rogers, Inc. agrees to use the lease premises for catering services during regular operating hours of the Airport Terminal, which are 6:00 a.m — 10:00 p.m. Monday through Friday and 8:00 a.m — 8:00 p.m Saturday through Sunday. 5. Restricted Areas. Access by Rn ers. Inc. to the Airport Flight Line (including but not limited to the apron, runway. han gars is strictl rohibited. Rogers, Inc, shall not enter any offices, rooms or areas not specifically designated for their use in paragraph 4 above. This includes, but is not limited to, the flight planning area, pilot lounge areas, TV lounge and beverage station. 6. Cleaning and Maintenance. Rogers, Inc. shall provide regular janitorial and maintenance services for the Leased Premises, 7. Assignment. Rogers, Inc. shall not assign this lease or sublet the Leased Premises without prior written consent of the City of Fayetteville. Consent for any assignment or subletting shall only be considered at the same rates as established in Paragraph 3 above. Any such assignment or subletting shall in no way relieve Rogers, Inc. from liability for the obligations imposed by this lease. Rogers, Inc. may only be released from liability by a specific written release executed by the City. S. Holdover. Rogers, Inc. hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, it will remove its property from the Airport Terminal immediately. 9. Termination. The City hereby reserves the right to terminate this lease at any time during the term of this lease if payment of rent in accordance with Paragraph 3 above is not received within five (5) business days from the due date. If the lease is terminated, Rogers, Inc. will remove its property from the Leased Premises immediately. 10. Non -Waiver. It is agreed that the failure of City to invoke any of the available remedies under this lease or under law in the event of one or more breaches or defaults by Rogers, Inc. under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent the City from invoking such remedies in the event of any future breach or default. 11. Succession. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 12. Severability. Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 13. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 14. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF F. ROGERS, INC. J By: ITS) } • ]�iy: L"Q- 10 1✓L AN, Mayon Mike Rogers, President ATTEST: By: . ' 'tc fhn �`,��.�: • �G1T Y p '�. ''. SONDRA SMITH, City Clerk=c';; 1 ' SAY E-T7EVILL • 13 ' '•Y�"4NSP�'••.��`. ��Ji� �� �a`� 03 W Evacuation Plan diagram for Terminal Building 155 'FAA APPROVED JUN 16 2015