No preview available
HomeMy WebLinkAbout307-24 RESOLUTION} 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 307-24 File Number: 2024-0902 CENTRAL UNITED METHODIST CHURCH (SHARED PARKING LEASE AGREEMENT): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LIMITED LICENSE AGREEMENT WITH CENTRAL UNITED METHODIST CHURCH FOR OPERATION OF THE CHURCH PARKING DECK AS A REVENUE -PRODUCING PARKING FACILITY WHEREAS, Central United Methodist Church (CUMC) and City staff have discussed the prospect of City management of the CUMC parking deck located at 61 W. Lafayette Street that contains 214 parking spaces; and WHEREAS, this agreement would authorize the City to institute a managed paid parking program that would allow for CUMC to generate revenue from its parking facility and for the City to share in the revenue; and WHEREAS, currently, the parking deck is unregulated and open to the public throughout the week and is available only for church patrons on Sundays; and WHEREAS, the terms of this agreement authorize the City to operate and manage the CUMC parking deck Monday through Saturday for both transient (hourly or daily) and permit (monthly) parking using its existing parking management system; and WHEREAS, parking revenue generated from parking fees will be split evenly between the City and CUMC, while the City will retain 100% of revenue from any citations issued; and WHEREAS, the City will be responsible for any and all parking equipment, systems, and associated signage; and WHEREAS, CUMC will be responsible for maintenance of the facility, any signage indicating when parking is available for church use only, and enforcement during Sundays and any other times when the facility is reserved for church use only. NOW, THEREFORE, 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 authorizes Mayor Jordan to sign a limited license agreement with Central United Methodist Church for operation of the church parking deck as a revenue - producing parking facility. PASSED and APPROVED on December 17, 2024 Page 1 Resolution: 307-24 File Number: 2024-0902 Page 2 Attest:Y.•i�rR �E /nr A r rUr r -C�J!LL�- FhYT: Kara Paxton City erk Treasurer = i�N+++` LIMITED LICENSE AGREEMENT BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas (the "City") and Central United Methodist Church, er Inc. of Fayetteville, Arkansas ("CUMC"), on this 17 day of i e-r; 2024, hereby agree as follows: 1. CUMC hereby grants a limited license to the City, and the City hereby agrees to license from CUMC, for the usage and enforcement of the Central United Methodist Parking Deck (the "Parking Beck") at61 West Lafayette Street, Fayetteville, Arkansas 7270). This Lease is a limited license and shall not be considered deeded access to the Parking Deck. CUMC's property is not to be subrogated by this Limited License. 2. The term of this Limited License shall be for an initial period of one (1) year from the date hereof. After such initial one (1) year period, this Limited License shall automatically renew on the anniversary of the date hereof for additional one (1) year oeriods un to a maximum of five (5) additional vears_ 3. The City hereby agrees that during the term of this Limited License the City shall operate the Parking Deck as a revenue producing off-street parking facility. The City agrees, at its sole expense, to equip the Parking Deck with the necessary parking system and to maintain such system (collectively, the "System Improvements"). The City also agrees to collect the parking revenues raised therefrom and to enforce the rules and regulations of the Parking Deck in a manner consistent with other city -managed parking facilities to insure that motorists parking thereon are in compliance with the applicable parking regulations as they are now, or as may hereafter, be established by the City. The City agrees to facilitate the purchase of parking permits for the leased premises and maintain associated customer accounts. 4. The City agrees to pay over to CUMC, during the term of this Limited License, an amount equal to fifty percent (50%) of the gross revenues derived from parking permits or other parking transactions accrued for the Parking Deck. Said revenues shall be paid to CUMC on a monthly basis and shall include a financial report regarding the transactions at the Parking Deck for such period. The City shall retain the remaining fifty percent of the gross revenues derived from parking permits or other parking transactions accrued for the Parking Deck. 5. CUMC may designate certain personnel authorized to park in the Parking Deck at any time at no charge. CUMC also reserves the right to reserve and manage the entire Parking Deck on Sundays (for the entire day) and solely the street -level floor of the Parking Deck on Wednesday evenings (from 5:00 pm — 9:00 pm) exclusively for its purposes at no charge. CUMC reserves the right to tow, relocate, or immobilize at the owner's expense, any vehicle that is parked illegally during such times. CUMC and the City shall jointly approve any signage installed at the Parking Deck prior to installation. During Sundays (for the entire Parking Deck) and Wednesdays (solely for the street- 10727391.0 level floor), neither the City nor tiny third party engaged by the City shall provide any enforcement services at the Parking Deck. 6. I'he City agree to coordinate with designated personnel of CUMC regarding parking needs for special events requiring the use of the Parking Deck at no charge. Except in extraordinary circumstance, CUMC agrees to notify City at least 24 hours in advance of its intent to use the Parking Deck for any special event. During any such special event, neither the City nor any third party engaged by the City shall provide any enforcement services at the Parking Deck. 7. Notwithstanding the terms of this Limited License, CUMC reserves the right to use the Parking Deck for such purposes as CUMC deems necessary in its sole and absolute discretion. During any such specific usage by CUMC, neither the City nor any third party engaged by the City shall provide any enforcement services at the Parking Deck. 8. Either party may terminate this Limited License for any reason in their sole and absolute discretion. Written notice of termination shall be provided to the non - terminating party by the terminating party at least sixty (60) days prior to the termination date. Upon termination of this Limited License, City shall remove the System Improvements and make any cosmetic repairs necessary to restore the facility to its original condition, normal wear and tear excepted, at City's sole cost and expense. The City has no right to possession of the Parking Deck or any portion thereof beyond the expiration of termination of this Limited License. Nothing contained herein shall be construed as consent by CUMC to any holding over by the City after the expiration or termination of this Limited License. Furthermore, nothing contained herein shall constitute a dedication of the Parking Deck to the public for general use and the parties agree that the Parking Deck remains the sole private property of CUMC notwithstanding this Limited License. 9. Under Arkansas law, the City may not enter into a covenant or agreement to hold a party harmless or to indemnify a party from prospective damages. However, with respect to loss, expense, damage, liability, claims or demands either at law or in equity for actual or alleged injured persons or property arising out of any negligent act or omission by either party and their employees or agents in the performance of this Limited License, the parties agree that: (a) they will cooperate with one another in the defense of any action or claim brought against the other party seeking the foregoing damages or relief; (b) they will in good faith cooperate with each other should either party present any claims of the foregoing nature to any tribunal or commission with jurisdiction over such matter; (c) they will not taken any action to frustrate or delay the prompt hearing on claims of the foregoing nature and will make reasonable efforts to expedite the adjudication of such claims; provided, however, both parties reserve the right to assert in good faith all claims and defenses available to them in any such proceedings. 10. CUMC shall not assume any liabilities or responsibilities of enforcement of the Parking Deck pursuant to this Limited License. CUMC shall not be responsible for any losses, damages, or injuries caused by the City or its employees, agents or third parties 10727391.0 (including any third party hired by the City to provide enforcement services at the Parking Deck). 11. The parties agree that time is of the essence with respect to the performance of their respective obligations under this Limited License. This Limited License shall be governed by the laws of the State of Arkansas. The relationship of the parties to this Limited License is that of independent contractors, and nothing in this Limited License should be construed to create any agency, joint venture, or partnership relationship between the parties. The parties mutually warrant and represent that they have the full power and authority to execute this Limited License and to perform all obligations set forth herein. This Limited License may be executed concurrently in one or more counterparts, each of which shall be an original. To facilitate the execution of this Limited License, this Limited License may be executed by facsimile or e-mail signature. (Remainder of Page Intentionally Left Blank; Signature Page to Follow) 10727391x7 IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. ATTEST: Kara Paxton, Cify Clcrk/Treasu 10727391 %7 By: United NI Jai%ne L. Reinen, Executive Director City of FaiAtevillc By: `����n nrr►rr�z FAY EL r"N,LI.L 1111611illvo`� Jorclarl, N CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 17, 2024 CITY COUNCIL MEMO 2024-0902 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Justin Clay, Parking Manager SUBJECT: A resolution approving a shared parking lease agreement with Central United Methodist Church for operation of the church parking deck as a revenue -producing parking facility. RECOMMENDATION: Staff recommends approval of a shared parking lease agreement with Central United Methodist Church (CUMC) authorizing the City to operate the CUMC parking deck located at 61 W. Lafayette Street as a revenue -producing off-street parking facility. This parking deck contains 214 parking spaces. BACKGROUND: This agreement is the result of ongoing discussions between CUMC representatives and City staff about the prospect of City management of the CUMC parking deck located at 61 W. Lafayette Street. This agreement would authorize the City to institute a managed paid parking program and would allow for CUMC to generate revenue from their parking facility and for the City to share in the revenue. Currently, the parking deck is unregulated and open to the public throughout the week and is available only for church patrons on Sundays. DISCUSSION: The terms of this agreement authorize the City to operate and manage the CUMC parking deck Monday through Saturday for both transient (hourly or daily) and permit (monthly) parking using its existing parking management system. Parking revenue generated from hourly/daily and permit parking fees will be split 50/50 between the City and CUMC. The City will retain 100% of revenue for any citations issued. The City will be responsible for any and all parking equipment, systems, and associated signage. CUMC will be responsible for maintenance of the facility, any signage indicating when parking is available for church use only, and enforcement during Sundays and any other times when the facility is reserved for church use only. Staff feels that this shared parking agreement serves the public interest as it creates a managed parking environment consistent with other City -managed parking facilities within the Entertainment District. Parking regulations and a consistent enforcement presence, coupled with nearby transit service, will make the CUMC deck an attractive option, particularly for daily parking and for monthly permit parking for tenants of nearby multi -housing units. BUDGET/STAFF IMPACT: Staff anticipates minimal staff impact as this location is within our existing parking district. The budget impact will be positive since no parking revenue is currently generated from the facility. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), Limited License Agreement 2 (#4), CUMC Deck Mapped Location (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-0902 A resolution approving a shared parking lease agreement with Central United Methodist Church for operation of the church parking deck as a revenue -producing parking facility. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LIMITED LICENSE AGREEMENT WITH CENTRAL UNITED METHODIST CHURCH FOR OPERATION OF THE CHURCH PARKING DECK AS A REVENUE -PRODUCING PARKING FACILITY WHEREAS, Central United Methodist Church (CUMC) and City staff have discussed the prospect of City management of the CUMC parking deck located at 61 W. Lafayette Street that contains 214 parking spaces; and WHEREAS, this agreement would authorize the City to institute a managed paid parking program that would allow for CUMC to generate revenue from its parking facility and for the City to share in the revenue; and WHEREAS, currently, the parking deck is unregulated and open to the public throughout the week and is available only for church patrons on Sundays; and WHEREAS, the terms of this agreement authorize the City to operate and manage the CUMC parking deck Monday through Saturday for both transient (hourly or daily) and permit (monthly) parking using its existing parking management system; and WHEREAS, parking revenue generated from parking fees will be split evenly between the City and CUMC, while the City will retain 100% of revenue from any citations issued; and WHEREAS, the City will be responsible for any and all parking equipment, systems, and associated signage; and WHEREAS, CUMC will be responsible for maintenance of the facility, any signage indicating when parking is available for church use only, and enforcement during Sundays and any other times when the facility is reserved for church use only. NOW, THEREFORE, 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 authorizes Mayor Jordan to sign a limited license agreement with Central United Methodist Church for operation of the church parking deck as a revenue -producing parking facility. Page 1 Justin Clay Submitted By City of Fayetteville Staff Review Form 2024-902 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/26/2024 PARKING MANAGEMENT (430) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SHARED PARKING LEASE AGREEMENT WITH CENTRAL UNITED METHODIST CHURCH FOR OPERATION OF THE CHURCH PARKING DECK AS A REVENUE -PRODUCING PARKING FACILITY Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: WIN = 0 01 l97 95 9 J Q r a 125 •�� ^ _ 1 Student PhA z z = • �) r W BiflrS SI _ d _� � R Central Unit .d � — 6 z _ 345 W Wats Il t f )VI �!► <> I a - Gathe '..3 c - C i f v s _° 2 - Methodist Church z 111 D,caks. • Eduction 1 20 '7 40 7 10 Z U S 8u�ld,nq 3]3 Sanctuary. • %O.r ` P O S t WesleY 111 i t! t &dq. P� OffiC 1 2 3 16 310 ,,2A4 hG 200 MG r d30 - J >, "212'VL dodo r MDicksnr;treet2029 l'''' 1 • = 151� k � � � a 0 0.01 0.03 ' 0.05 mi • 1 Zapfo Ar • The data contained nerelr has ddmpled from van— cdcroec 'or me sole use and henem m me of Fayede;lre ceograpfnc Imormaddr system and me pLtllc agencies it wires My use of Vie data dy anyone other Ran die City of Fayette llk k at me sole nsk of the user and cy scceplance of Rn data. the csef dose herepy agree so Indemnity me -cy of-ayede•nne —hew line City m FayetteNle harmless Rom and wdhon Ilaplllly, for any cl.—. acdcns .st for damages of ary naWre incRdlrg me city cost of Exhibit defence. asserted ty user or another amng item me Lee of mis data The City of Fayefevllle makes no exMse or implied! mamees wlm rele—oc to lee OdG Vo word, phrase, on Gauss round here° shall de construed to x l,e mat tan Immundy set'dfm Override 1 under""'°`asl— Created 11.7rzd24 Fayetteville, AR Caed ois City of Fayellelllk AR 2024 Imager, l`-agleNeA TechnobgWe l Surdea Corporadon Nap A'Jmor