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Home My WebLink About203-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 203-18 File Number: 2018-0500 OPEN AVENUES, INC.: A RESOLUTION TO APPROVE A LEASE AGREEMENT OF A PORTION OF THE AIRPORT WITH OPEN AVENUES, INC. 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 the attached Short Term Lease Agreement with Open Avenues, Inc. for a portion of the Fayetteville Airport from August 22, 2019 until August 26, 2019 for a rental of One Thousand Dollars ($1,000.00) and authorizes Mayor Jordan to sign this lease. PASSED and APPROVED on 10/2/2018 Attest: 7 Sondra E. Smith, City Clerk Treasurer �,��•'RK 1 ? R�•,t. FIIYEI-IEViEtE;� r'0i1�Gi ply �� %%% Page 1 Printed on 10/3/18 City of Fayetteville, Arkansas 113 West Mountain Street =— Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0500 Agenda Date: 10/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 1 OPEN AVENUES, INC.: A RESOLUTION TO APPROVE A LEASE AGREEMENT OF A PORTION OF THE AIRPORT WITH OPEN AVENUES, INC. 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 the attached Short Term Lease Agreement with Open Avenues, Inc. for a portion of the Fayetteville Airport from August 22, 2019 until August 26, 2019 for a rental of One Thousand Dollars ($1,000.00) and authorizes Mayor Jordan to sign this lease. City of Fayetteville, Arkansas Page 1 Printed on 10/312018 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2018-0500 Legistar File ID 10/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/10/2018 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a short-term lease agreement between the City of Fayetteville and Open Avenues. 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 FAYETTEVILLE W4W ARKANSAS MEETING OF OCTOBER 2, 2018 TO: Mayor Lioneld Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff FROM: Summer Fallen, Airport Manager DATE: September 10, 2018 SUBJECT: Open Avenues Short -Term 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 Open Avenues for an airport ground lease. BACKGROUND: Open Avenues will host a balloon festival at Drake Field on August 22-26, 2019. DISCUSSION: Open Avenues will host a balloon festival on Airport grounds. BUDGET/STAFF IMPACT: This lease will provide $1,000 in revenue to the airport ATTACHMENTS: SRF SRM Short Term Lease Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 SHORT TERM LEASE AGREEMENT between The City of Fayetteville, Arkansas and Open Avenues This Short Term Lease Agreement is entered into by the City of Fayetteville, Arkansas ("City") and 4 eta n Avenues an Arkansas nonprofit corporation, for the use of airport grounds available at Drake Field: 1. Leased Premises. For and inconsideration of the rents, covenants and agreements herein entered into and agreed upon by Open Avenues, as obligations to the City, the City lets, leases and demises unto Open Avenues, subject to the terms and conditions contained herein, the following described property (the "Leased Premises") situated in the City of Fayetteville, Washington County, Arkansas: Keyhole space located north of Airport terminal. 2. Term. This lease shall commence on August 22, 2019, at 8:00 am, and shall end on August, 26, 2019 at 8:00 am. 3. Rent. Oven Avenues agrees to pay to City as rental for .the term of this lease the sum of $1,000.00. Payment shall be due on or before January 1, 2019. 4. Use. Open Avcnuos agrees to use the leased premises for events related to SOAR NWA. 5. Cleaning and Maintenance. Open Avenues shall be responsible for cleaning the Leased Premises prior to returning possession to the City. The actual cost of labor and materials shall be charged to Oben Avenues if City is required to clean or repair the Leased Premises to restore the Leased Premises to its original condition. 6. Restricted Areas. Access by Open Avenues employees, agents or guests to the Airport hangars is strictly prohibited. Ogen Avenues shall provide personnel to ensure that no person attending its events enters any restricted area. 7. Assignment or Sublease. Open en Avenues shall not assign this lease or sublet the Leased Premises without prior written consent of the City. 8. Holdover. ❑ en Avenues 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 Leased Premises 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 is not received in accordance with Paragraph 3. 10. Hold Harmless and Indemnification. Open Avenues shall hold harmless, defend and indemnify the City of Fayetteville, its officers, and employees, against any and all claims, actions, suits, charges and Judgments whatsoever that arise out of Oen Avenue's use of the Leased Premises; and does agree and understand that nothing herein shall be construed to alter, Page 1 of 2 limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 11. Non -Waiver. It is agreed that the failure of the 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 Open Avenues 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. 12. Succession. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 13. 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. 14. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 15. Notices. Notices may be sent to the parties at the following addresses: City of Fayetteville, Arkansas ATTN: Airport Manager 4500 S. School Avenue Suite F Fayetteville, Arkansas 72701 Open Avenues ATTN: Kelly Sampson 2202 N. 24" St PO Box 908 Rogers, AR 72757-0908 16. 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. IN AGREEMENT with all the terms, promises, and conditions set out above, the parties sign their names below this 2nd day of October , 2018: CITY OF AYET { LE- OPEN A1rCNUES 4 By: .� By: 5 ELD . DAN, Mayor KELLY SA PSON, evelopment Director ATTEST: By `t.� RK � rR�'`•. SONDRA SMITH, City Clerk G1T Y •;�, rRYCn�V1fiE:'�'