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Home My WebLink About54-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 54-18 File Number: 2018-0082 MISSY GIPSON SHORT-TERM LEASE AGREEMENT: A RESOLUTION TO APPROVE A SHORT-TERM LEASE AGREEMENT WITH MISSY GIPSON FOR THE DRAKE FIELD TERMINAL BUILDING BANQUET AREA FOR RENT IN THE AMOUNT OF $400.00 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 short-term lease agreement, a copy of which is attached to this Resolution and made a part hereof, with Missy Gipson for the Drake Field Terminal Building banquet space from February 21, 2018, to March 31, 2018, for rent in the amount of $400.00. PASSED and APPROVED on 2/20/2018 Attest: Sondra E. Smith, City Clerk Treasurer"C,xl Y QF ^! IIY FX1EVII L: riff l� -o "rt Y'S Page 1 Printed on 2121118 City of Fayetteville, Arkansas 113 West Mountain Street j Fayetteville, AR 72701 Ij (479) 575-8323 i Text File File Number: 2018-0082 Agenda Date: 2/20/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 MISSY GIPSON SHORT-TERM LEASE AGREEMENT: A RESOLUTION TO APPROVE A SHORT-TERM LEASE AGREEMENT WITH MISSY GIPSON FOR THE DRAKE FIELD TERMINAL BUILDING BANQUET AREA FOR RENT IN THE AMOUNT OF $400.00 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 short-term lease agreement, a copy of which is attached to this Resolution and made a part hereof, with Missy Gipson for the Drake Field Terminal Building banquet space from February 21, 2018, to March 31, 2018, for rent in the amount of $400.00. City of Fayetteville, Arkansas Page 1 Printed on 2/2112018 City of Fayetteville Staff Review Form 2018-0082 Legistar File ID 2/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Summer Fallen 1/22/2018 Aviation / Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a lease agreement with Missy Gipson for terminal space to conduct rehearsal for a community play. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Fund Project Title $ -- -_J Remaining Budget i $ _ Previous Ordinance or Resolution # V20140710 Original Contract Number: Comments: Approval Date: CITY OF IF" t FAYETTEVI LLE ARKANSAS MEETING OF FEBRUARY 20, 2018 TO: Mayor Lioneld Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: January 22, 2018 SUBJECT: Missy Gipson Lease Agreement RECOMMENDATION: CITY COUNCIL MEMO Staff recommends approval and signature of the Mayor on a short-term lease agreement between the City of Fayetteville and Missy Gipson. DISCUSSION: Missy Gipson will be conducting rehearsals in the airport terminal space for a community play. BUDGET/STAFF IMPACT: This lease will provide $400 in revenue to the airport. ATTACHMENTS: SRF SRM Lease Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Lease Agreement between The City of Fayetteville, Arkansas And Missy Gipson 'Che purpose of this Lease Agreement is to establish an agreement between the City of Fayetteville, Arkansas ("City") Missy Gipson for the use of spare available in the City's Drake Field terminal building to conduct rehearsal for the Pilot Arts' play rehearsal. l., Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by MISSY GIPSON as obligations to the City, the City lets, leases and demises unto MISSY GIPSON, subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: Drake Field Terminal Building banquet area. 2. Term. This term shall commence on February 211, 2018, and shall end on March 31 ", 2018. The term of this lease may be terminated early by the City without cause only upon thirty days prior written notice. The term of this lease may be extended only upon the mutual agreement of MISSY GIPSON and the City. 3. Rent. MISSY GIPSON agrees to pay to City of Fayetteville as rental for the term of this lease. the sum of $400 it uses the Leased Premises. The Airport Administration Office will prepare an 'nvoice following the end of each calendar month based on the number of days the Leased Premises are used by MISSY GIPSON. Each monthly payment is due on of before the last day of the month in which the invoice is received. 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. MISSY GIPSON agrees to rise the lease premises for rehearsals during regular operating hout:s of the Airport Terminal, which are 6:00 a,m — 10:00 p.m. Monday through Friday and 8.00 h.m 8:00 p.m Saturday through Sunday. MISSY GIPSON sliall coordinate with the Airport Administration Office if the Leased Promises are required after 4:00 p.m Monday through Thursday or at any time Friday through Sunday. Classes and events shall be scheduled through Elie Airport Administration Office at least two weeks in advance. MISSY GIPSON will notify Elie Airport Administration Office of any cancelled classes as soon as possible. An MISSY GIPSON staff member or representative will be present at the Beginning of a day's classes to set up needed items and at the end of the day to clean up, MISSY GIPSON is not required to dismantle or move its tables and chairs at the end of the day unless notified by the Airport Administration Office, 5. Preemptive Use or Access by the City. MISSY GIPSON acknowledges that the Transportation Security Administration stay require use of the Leased Premises for certain chartered flights that may interfere with MISSY GIPSON`s use. In the event of such preemption, the Airport Administration Office will make every effort to locate an alternative site at no additional cost to MISSY GIPSON but makes no guarantees. MISSY GIPSON shall not be responsible for the payment of rent for any days the Leased Premises are unavailable for a previously scheduled class or event, nor shall the City be liable to MISSY GIPSON for any costs or expenses involved in rescheduling or relocating a class when the Leased Premises arc required for use by the Transportation Security Administration or for maintenance issues. 6. Access to Airport Terminal Amenities. MISSY GIPSON staff shall have access to the attached unused kitchen area to store tables and chairs for its classes and events and MISSY GIPSON further agrees that its tables and chairs may be used by the City or other organizations utilizing the Leased Premises at times not scheduled for MISSY GIPSON's use. MISSY GIPSON understands that this area is not secured at times when the Terminal Building is open to the public. The City also agrees to allow storage of media and other electronic equipment in the secured closet area in the Airport Terminal storage room as space allows. MISSY GIPSON agrees that the City shall not be responsible for theft or damage of any MISSY GIPSON property that is stored at the Airport Terminal. The restrooms near the post office are available for MISSY GIPSON use. MISSY GIPSON agrees to provide toilet paper, paper towels and other supplies as needed for the restroorrrs to cover faculty, staff, student and guest use. 7. Restricted Areas. Access by MISSY GIPSON and Auests to the Airport Flight Line includ n, but not limited to the apron. ruQw.a hangarsj. is strictly rohibited. MISSY GIPSON and guests shall not enter any offices, rooms or areas not specifically designated for their use in paragraphs 4 and 6 above. This includes, but is not limited to, the flight planning area, pilot lounge areas, TV lounge and beverage station. MISSY GIPSON and guests will not gather or loiter in the Airport Terminal lobby area and shall enter into the Leased Premises as expeditiously as possible. 8. Cleaning and Maintenance. The City shall provide regular janitorial and maintenance services for the Leased Premises. 9. Assignment. MISSY GIPSON 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 MISSY GIP,SON from liability for the obligations imposed by this lease. MISSY GIPSON may only be released from liability by a specific written release executed by the City. 10. IIoldover. MISSY GIPSON 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. 11. 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, MISSY GIPSON will remove its property from the Airport Terminal immediately. 12. 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 MISSY GIPSON 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. 13. Succession. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs; successors and assigns. 14. 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 frill force and effect. 15. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 16. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and 110 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. ATTEST: Missy Gipson n y Printed Name: i ►� I. Title: By: SONDRA SMITH, City Cl �� r►r�r�4 'E3 a FAYETTEVII_LE ; "� w