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HomeMy WebLinkAbout2001-08-13 - Agendas - Final MEETING NOTICE The Advertising and Promotion Commission will meet on Monday, August 13, 2001 at 2:00 p.m. at the Town Center Conference room. AGENDA ADVERTISING AND PROMOTION COMMISSION August 13, 2001 2:00 p.m. Town Center Conference Room I. Call to Order II. Reports A. Approval of Minutes for July 9 B. Financial Report C. Convention and Visitor Activity — Marilyn Johnson 1 . Town Center Report — Denise Bembenek D. Blackwood Martin/CJRW Report — Sue Blake III. Old Business • A. Convention Visitor Bureau B. Town Center 1 . Final Change Order 2. Parking IV. New Business V. Adjourn • • GROUP: ADVERTISING & PROMOTION COMMISSION DATE: July 9, 2001 PRESENT: Bob Davis, Joe Fennel, John Gilliam, Curtis Shipley, Kevin Santos, Steve Davis, Denise Bembenek, and Marilyn Johnson. ABSENT: Ching Mong The regular meeting of the Advertising and Promotion Commission was called to order at the Fayetteville Town Center conference room at 2:00 p.m. by Chairman Joe Fennel. MINUTES Moved by Shipley, second by Davis to approve the minutes of the June I I meeting. Motion carried. FINANCIAL REPORT Steve Davis presented the financial report for June. Collections for the month were down - 1 .62% with total collections of $ 106,217. Year to date collections totaled $616,340, a 0.48% decrease. June expenses were $83,083, with largest expenditures for furniture, fixtures and equipment for the Town Center. Moved by Shipley, second by Davis to approve the financial report. Motion carried. • CONVENTION AND VISITOR DEVELOPMENT REPORT Much work this month has been spent on moving into the Town Center. The Brumley Gospel sing is August 1 -4. ServSafe Training had 40 participants with the increase in awareness for restaurant owners by postcards sent by this office. Denise reviewed her activities related to Town Center sales. Shipley requested that on the next agenda the issues of pro and cons of a CVB be addressed and the relationship of the A & P with the City, Chamber and standing alone. BLACKWOOD/MARTIN/CJRW REPORT Brad Ruth and Lisa Murphy presented the mid-year recap for advertising and responses generated. Old Business TOWN CENTER - Parking Sharon Crosson from the city addressed issues relating to parking. Consideration should be given to the City operating the deck and collecting the money. Marilyn will pursue with the city options for long term parking, handling money, handling maintenance, and where the money goes. Because of the lease between Bradbury and the City, he will be given I space in the deck. • ABC Permit • The Town Center has received a letter indicating that we have been granted an alcoholic beverage permit for the facility pending final inspection of fire exit signs and completion date sent to them. This has been completed. KAMINSKY FOUNTAIN Hank Kaminsky addressed the Commission regarding the cost of maintaining the fountain. It is estimated that the maintenance will take approximately 30 minutes a day and would run about $250 month ($3,000 per year). Chlorine will cost about $50 per year. The size of the sphere is 10 feet in diameter and an additional three feet on each side would be needed for the fountain. The expenses of alteration of the area will be the responsibility of the artist. Moved by Santos, second by Gazzola that the A & P Commission will assume the maintenance of the fountain. Motion carried. New Business CONVENTION AND VISITOR BUREAU Commissioners requested information on the operation of a Convention Visitor's Bureau and how to work with the Chamber, parks and recreation, the U of A, and businesses. ARKANSAS TRAILS AND GREENWAYS FORUM Terry Easton reported on this conference that will bring together policy and public officials. They wish to use the Town Center on October 25 for a reception from 5-6 p.m. Dale Bumpers has been invited to be a keynote speaker. They requested free use of the space. • Moved by Gilliam, second by Santos that the City and the A & P cosponsor the event and split the cost of rental of the space with the Trails forum paying the taxes and surcharge. Motion carried. ANNOUNCEMENTS Grand Opening will be Saturday at loam beginning with ribbon cutting. Respectfully submitted, Imo-✓ 90, `°� Marilyn Johnson Director Convention and Visitor Development • Advertising & Promotion Commission Financial Report - Expenditures For the Month Ending July 31 , 2001 • 2001 YTD July Budget Item Budget Expenses Remaining_ Expenses 800 Telephone Number (Chamber of Commerce) $ 10,000 $ 5,000 $ 5,000 $ Audit Expense 150 150 0 Brochure Development 46,864 37,461 9,403 Chamber of Commerce Operations Contract 100,000 100,000 0 25,000 Collection Expense - City of Fayetteville 26,000 14,511 11 ,489 2,184 Convention Support 5,512 3,973 1 ,539 Public Notification (BMA ContractlAirport.) 265,311 120,433 144,878 11 ,266 Town Center Architectural Services 43,063 31 ,440 11 ,623 Town Center Equipment & Furnishings 300,000 66,100 233,900 32,467 Town Center Operating Expenses 240,740 108,132 132,608 90,232 Special Projects Air Museum 20,000 15,000 5,000 Airfest 2001 3,000 3,000 0 Ark. State High School Cross Country Championships 1 ,200 1 ,200 Bikes, Blues, and BBQ 3,500 3,500 0 Botanical Garden Society - Master Plan 1 ,532 1 ,532 Brumley Gospel Sing 7,000 7,000 DDEP Festival Support Project 6,000 6,000 • First Night 1 ,600 1 ,600 Hog Wild 7,500 7,500 Holiday Hoops 9,000 9,000 0 9,000 Joe Martin Memorial Stage Race 500 500 Lights of the Ozarks - Replacement Lights 4,000 4,000 North Arkansas Symphony Brochure Support 3,600 3,600 Professional Services - Legal Fees 29,000 29,000 Saturday of Champions 2,400 2,400 0 State Track & Field Finals 2,400 2,400 Town Center Grand Opening 10,000 9,518 482 9,518 Walton Arts Center - Brochures 1 ,200 600 600 300 Washington County Historical Society - Brochure 2,000 2,000 Subtotal Special Projects 115,432 43,018 72,414 18,818 TOTAL USES $ 1 ,153,072 $ 530,219 $ 622,853 $ 179 967 • H:\BUDGET\PROJECTS\HMR TAXW&P2001 .WK4 City of Fayetteville, Arkansas Monthly HMR Tax Collections 1999-2001 • 1999 2000 2000 2001 2000 Total Total Change Over Total Change Over HMR Taxes HMR Taxes Prior Year HMR Taxes Prior Year January $ 89,125 $ 100,334 12.58% $ 98,397 -1 .93% February 88,757 91 ,330 2.90% 95,810 4.91 % March 91 ,271 102,971 12.82% 104,748 1 .73% April 94,588 1080747 14.97% 107,624 -1 .03% May 96,120 107,975 12.33% 103,545 -4. 10% June 104,709 107,963 3.11 % 106,217 -1 .62% July 102,279 103,894 1 .58% 109,223 5.13% August 103,688 105,417 1 .67% September 97,609 104,980 7.55% October 95,824 105,820 10.43% November 109,561 117,106 6.89% December 96,583 97,771 1 .23% Total $ 11170,114 $ 11254,310 7.20% $ 7251563 0.32% • HMR Tax Collections By Month 140 120 100 ; \ \ . VLN v 80 IE 60 lN 40 � 20 0 January February March April May June July August September October November December O 1999 RN 2000th 1999 2000 ED 20011 • H:\BUDGET\PROJECTS\HMR TAX\HMRTAX.WK4 . ACTIVITY REPORT July, 2001 INQUIRY RESPONSES Tourist Inquiries July 2001 — 87 Year to date 2001 — 646 July 2000 — 200 Year to date 2000 — 2251 Advertising Responses July 2001 - 1021 Year to date 2001 — 20786 July 2000 — 855 Year to date 2000 — 23506 Relocation Inquiries July 2001 — 74 Year to date 2001 — 463 July 2000 — 119 Year to date 2000 — 691 July Total Inquiries 2001 — 1182 2000 - 1174 Year to Date Total Inquiries 2001 — 21895 2000 — 26448 • ACTIVITY Conventions and Meetings — Brumley Gospel Sing Tourist Activities — Bikes, Blues and BBQ Juvenile Diabetes Research Foundation kick-off luncheon Salsa Festival AmTrack arrival Bus Groups — Sue Smith Vacations (November 11 - 12) Relations with Other Tourism — XNA Tourism Information Booth — new employee David Ellis NATA meeting U of A Guest Services — Kerry Shepherd Relations with Media — Eric, Northwest Arkansas Times Don Ennis - Live Interview - Oldies 74.8 Laura Kellams — Democrat Gazette Sarah Terry — Northwest Arkansas Times Cyd King — Arkansas Democrat Gazette • Town Center — Sharon Crosson - parking Southwestern Bell — Mary Ellen Slape & Kathy Foraker • Training in all systems - lighting, elevators, air conditioning, kitchen, parking etc. Greg Porter — McBride Appreciation Dinner Regional Business After Hours Grand Opening Furniture Arrived Miscellaneous — Fayettevilletourism.com website up and running Fayetteville AM Reception for New City Department Heads Becca Dickerson - internship JLG — Steve Litzsinger Top HMR Collections - June 01 Red Lobster Hilton Jose's Clarion Chili 's Applebee's Ryan's Powerhouse • McDonald's Joyce Catfish Hole #3 Ozark Brewing Co. Chick-Fil-A/NW Village ACTIVITY REPORT • July 6 to August 9, 2001 Town Center Activity Number of Contracted Events 42 Contracted Income $66, 106.61 YTD Income from events 34,842.36 collected Outstanding as of 8/15/01 30,001 .94 collection letters sent Average Income perevent 11573.97 Proposals sent 30 Contracts sent 19 Town Center Activity - General Activity Staff Hired: Niki Avery, Sales Manager Sandra Bennett, Event Coordinator • Phyllis Tucker, Administrative Assistant Rocky Jones, Maintenance Supervisor • Operations Training and Process Implementation: weekly staff meetings, event planning, software systems, reporting, open/closing processes • Facility and System trainings: Fire alarms, elevators, lighting. • SW Bell needs analysis meeting for internet connectivity. • CAS Sound system coordination. • Exchange Club Presentation (N. Avery) • ASAE Convention (D. Bembenek, N. Avery) Town Center Activity - Events • Town Center Appreciation Dinner • Regional Business After Hours hosted by TC staff • Grand Opening • AR State D.A.R.E Convention • Juvenile Diabetes Research Foundation Luncheon • Conner and Winter Client Reception • Springdale High School 25 year reunion • Regional Kidney Centers Honor Reception • UA Law School Staff Retreat • Tinnin/Petty Wedding Rehearsal Dinner • Sharon Green Sales Training Presentation • Synergy Tech Board Meeting • Monthly Advertising Inquiries by State - 2001 JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC TOTAL AL 1 2 13 67 32 19 15 149 AK 4 1 3 9 2 2 21 AZ 2 3 15 24 10 11 15 80 AR 22 33 740 312 198 72 53 1430 CA 27 20 64 100 105 75 54 445 CO 8 5 22 32 18 9 7 101 CT 1 2 6 18 15 24 9 75 DE 1 1 1 4 2 3 12 DC 2 1 1 1 1 6 FL 20 18 35 200 75 74 49 471 GA 2 4 28 56 33 30 11 164 HI 2 1 5 2 2 12 ID 1 3 7 2 2 15 IL 18 31 398 1114 780 269 89 2699 IN 12 10 147 628 228 168 44 1237 IA 8 9 171 478 183 99 27 975 KS 8 15 103 182 63 79 35 485 KY 5 4 18 82 38 33 20 200 LA 8 7 138 105 65 47 21 391 ME 1 7 3 6 5 3 25 MD 1 10 21 16 14 15 77 MA 2 1 9 25 24 19 8 88 MI 15 12 214 763 351 318 28 1701 MN 16 13 65 404 227 81 32 838 MS 6 6 45 79 27 25 14 202 MO 21 18 765 474 173 220 43 1714 • MT 4 2 6 2 3 1 2 20 NE 9 8 40 163 94 26 10 350 NV 3 1 4 10 4 8 0 30 NH 1 8 4 0 0 NJ 7 4 24 36 36 50 23 180 NM 1 7 14 7 6 2 37 NY 10 4 43 98 58 82 39 334 NC 1 3 34 100 30 44 27 239 ND 1 2 4 42 28 2 0 79 OH 18 16 111 695 359 243 37 1479 OK 52 39 360 274 96 72 20 913 OR 6 1 11 8 12 9 7 54 PA . 9 6 30 61 58 52 38 254 RI 1 3 1 1 5 11 Sc 2 1 6 40 17 14 13 93 SD 1 1 3 37 21 6 1 70 TN 7 4 122 126 55 57 29 400 TX 36 39 483 276 176 128 89 1227 UT 2 1 6 10 7 5 0 31 VT 1 4 4 5 0 14 VA 2 3 23 37 31 27 12 135 WA 4 3 11 22 18 10 8 76 WV 2 2 8 331 14 5 4 366 WI 13 20 135 257 110 115 45 695 WY 1 2 4 2 2 1 12 APO 2 0 0 CAN 1 2 4 3 2 3 15 FOR 11 5 1 5 5 13 4 44 • TOTAL 413 384 4494 7844 3945 2685 1021 20786 • ADVERTISING INQUIRIES - 2001 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Tourist AY 163 137 104 141 405 950 BT 0 FC 207 909 769 588 244 2717 H&A 0 ML 30 41 316 972 612 419 196 2586 MT 1133 1133 MVG 894 881 1775 NATA 111 133 251 232 171 206 157 1261 OK 91 63 107 31 292 Parade 2278 1473 3751 MC/Rosie 2 363 77 489 332 1263 SL 18 10 48 232 143 65 83 599 SNI 2246 288 60 2594 ST 0 TA 0 TM 0 USA 187 1428 235 6 0 MN 9 TOTAL 413 384 4494 7844 3945 2685 1021 0 0 0 0 0 20786 • AY - Active Years BT - Budget Travel FC - Family Circle H & A - Home and Away MC - McCalls ML - Midwest Living NM - Meeting News MT - Midwest Traveler MVG - Midwest Vacation Guide NATA - NATA Tour Guide OK - Oklahoma Today Parade - Parade SL - Southern Living SNI - State Newspaper Insert ST - Southern Traveler TA - Travel America TM - Texas Monthly TM G-Travel Marketing Group USA - USA Today VG - Vacation Guide • TOURIST INQUIRIES 2001 JAN FEB I MAR JAPR MAY JUNJUL AUG SEP OCI NOV DEC TOTAL AL 1 21 2 21 1 8 AK • AZ 3 1 4 AR 1 251 4 4818 31 13 23 1 162 CA 1 1 2 5 1 5 3 1 17 CO 2 2 21 1 11 8 CT 1 1 I 1 DE I 11 I 1 DC FL 11 11 3 71 11 11 1 1 1 1 14 GA I 21 1 1 11 11 i I I I I I 1 5 HI 11 1 1 1 1 1 1 1 1 1 1 ID I 21 11 11 1 1 1 1 4 IL I 21 1 8 5 61 123 IN I 11 5 2 12 I 1 10 IA 1 31 11 10 2 1 11 1 18 KS 1 21 1 5 4 5 6 41 11 27 KY 1 3 1 1 5 LA 31 11 10 1 9 3 41 31 ME 1 1 MD 1 11 1 3 MA 1 1 2 MI 1 1 10 1 1 14 MN 2 7 1 10 MS 2 5 2 1 1 11 MO 8 2 11 11 7 8 8 55 MT • NE 1 6 21 111 10 NV 1 NH 1 11 2 NJ 1 1 2 NM 1 2 1 2 6 NY 1 21 1 1 1 6 NC 2 2 14 ND I 1 1 1 OH ii 1 6 2 21 1 3 1 15 OK T 91 3 31 12 71 1 91 44 OR 11 1 1 3 PA 1 1 1 I 3 PR 1 I RI I I I I SC 1 1 1 2 SD I I I TN 11 1 31 2 1 21 1 1 1 1 i I 10 TX 51 61 131 101 17 8 161 1 1 1 75 UT 2 2 VT i VA 21 1 1 1 1 3 WA 1 1 1 2 WV WI 1 6 2 1 10 WY 1 1 • APO CAN 1 1 2 FOR 2 1 2 1 1 7 83 26 176 97 116 61 87 0 0 0 0 0 0 646 RELOCATION 2001 JAN FEB MAR APR MAY JUN JUL AUG SEP OCTNOV DEC TOTAL AL 1 11 1 1 3 6 • AK I 1 1 1 AZ 21 11 2 1 2 1 9 AR 141 51 22 9 21 6 13 90 CA 5 2 5 2 7 3 4 28 CO 4 2 31 2 1 2 14 CT 0 DE 0 DC 0 FL 1 3 5 5 4 5 23 GA 1 2 1 2 1 1 8 HI 1 1 2 ID 0 IL 2 1 5 2 3 21 15 IN 1 4 5 IA 21 1 4 1 3 2 1 13 KS 41 21 61 1 21 31 1 1 18 KY 21 1 2 LA 51 1 1 2 4 2 1 15 ME 1 1 MD 0 MA 1 1 1 1 2 6 MI 1 1 1 1 11 5 MN 11 1 2 2 1 7 MS 2 11 2 2 4 4 15 MO 5 1 21 3 3 2 5 21 • MT 2 24 NE 2 1 11 1 1 5 NV 1 2 1 1 5 NH 0 NJ 0 NM 1 1 1 3 NY 1 1 1 1 4 NC 1 3 1 1 3 2 11 ND 1 1 1 12 OH 2 1 11 3 2 9 OK 4 9 2 4 2 5 26 OR 11 1 1 2 5 PA 11 1 21 1 1 3 8 PR 0 RI 0 SC 1 1 2 SD 1 1 TN 2 3 2 1 11 9 TX 7 4 9 4 9 7 11 51 UT 0 VT 0 VA 11 1 2 4 WA 0 WV 0 WI 13 1 1 2 8 • WY 0 APO 1 1 CAN 1 1 FOR 0 463 TOTAL 76 30 98 44 92 49 74 0 0 0 0 0 463 August 9, 2001 TO: A & P Commissioners FROM: Marilyn Johnson RE: Issues related to Town Center Parking I have met with Sharon Crosson, utilities management with City of Fayetteville. There are several issues which need A & P Commission decisions. Issue 1 Monthly Rental — Previously the A & P Commission opted for a $3 .00 per entry fee for Town Center parking. Thus far, we have had very few takers at the $3.00 rate. For the revenue we would generate and for the convenience of downtown employees, I would recommend that we consider a monthly lease for a maximum of 50 spaces. Attached is forecasted • revenue for the Town Center Deck. Issue 2 Management - Ontion 1 — Town Center manage the parking deck. Disadvantages — we do not have the personnel to handle issues related to handle collection of monthly fees and dealing with complaints, repair of parking equipment. Option 2 — City manage the parking deck. Advantages — they are set up already to handle deck in the same manner as the Hilton Deck. City has personnel trained to handle repair of parking equipment and have system to bill, collect fees, and have enforcement procedures in place. Customers would not be confused with separate set of rules for Town Center deck. Town Center still retains the option to open gates when functions call for that. City retains right to use up to 40 spaces in deck when available. We have a good working relationship with Sharon and Jamie Bytheway and I recommend that a contract with the city is the best method for the Town Center and for the City. • Forecasted Revenue for The Town Center Deck Formula based on a 20 day work month, four weeks a month. • No Monthly Rentals: Flat Rate # Spaces Daily AIR Monthly AIR Yearly AIR $2 .00 223 $446.00 $8, 920.00 $1079040.00 $3.00 223 $669.00 $ 13, 380. 00 $160,560.00 Monthly Rental Option : Option One: Flat Rate # Spaces Daily AIR Monthly AIR Yearly AIR $2. 00 200 $400. 00 $8 , 000.00 $96,000.00 $50.00 23 $ 1 , 150 . 00 $139800.00 Total $223 . 00 $400. 00 $9, 150 . 00 $1099800.00 Option Two: Flat Rate # Spaces Daily AIR Monthly AIR Yearly AIR $3.00 200 $600. 00 $ 12, 000.00 $1449000.00 $50. 00 23 $ 1 , 150. 00 $139800.00 Total $223.00 $600.00 $ 13, 150.00 $157,800.00 Option Three: • Flat Rate # Spaces Daily AIR Monthly AIR Yearly AIR $3. 50 200 $700. 00 $ 14 ,000. 00 $168,000.00 $50. 00 23 $ 1 , 150.00 $13,800.00 Total $223 .00 $600.00 $ 15 , 150. 00 $1819800.00 Ordinance #4222, section 2. Rates for Parking in City Parking Garages, (2) Parking garage built or purchased after January 1, 2000, Including the Town Center shall be rented at a market rate not to exceed a uniform fee of $70.00 per month/per space. • • AGREEMENT This Agreement, made and entered into this day of 2001, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called the City, and the Fayetteville Advertising and Promotion Commission, operating as the Fayetteville Town Center, hereinafter called the Commission. WITNESSETH, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1 . This agreement shall remain in full force and effect for an initial term of six (6) months from the above date. Upon completion of the initial term, the needs of the parties shall be re-evaluated. 2. This agreement is for an exchangyof services between the parties. The Im C tS agrees "t merge the pac ng deck N- t Too�vr Center, wiith dutiesi?o includ (n; 1 ' iel� a. Preparmg4eeeme . tszfor customers desirin"'g to leasearking deck sp 'es b. Billing customers either monthly—or- quarterly, and receiving customer lease payments. c. Removing any and all moneys and tokens from the auto cashier machine and transferring custody and control of such directly to authorized Commission personnel. d. Providing an accounting of all revenues received through the parking lease program and the auto cashier machine on a monthly basis. e. Programming and distributing parking cards, and maintaining the associated customer accounts. f. Notifying customers of "Event Days' when parking cards cannot be used to access the parking deck. Providing cardholders with • information on alternative parking during "Event Days," as well as providing them with hang tags, tokens, or other supplies needed . for alternative parking (as stated in the attached "Procedures for Alternative Parking on Event Days"). g. Providing routine maintenance on gates, card readers, auto cashier machine, credit card reader, etc., provided that any costs and expenses incurred for vendor-provided equipment maintenance shall be borne by the Commission. Additionally, all costs and expenses incurred for the purchase of equipment and supplies for the operation of the parking deck shall be borne by the Commission, provided that such purchases have the prior approval of a designated representative of the Commission. h. Attending the auto cashier machine in a diligent and timely manner to ensure the coin hopper has a sufficient number of coins to provide correct and sufficient change to customers. L Taking customer calls and complaints concerning the parking deck. 3. In exchange for these services, the Commi sip a ees toWrod e f , rty (4� km spaces pn the deck to be used b Templo�e�s of the City4of • Fayetteville p eat hat: # a. T Ci egr o abide,rby tFie same rul that apply toq. e other Q,,€ . f � , otomers^leeasi " spacesfon the deck. b. The City agrees to allocate parking cards only to city employees. c. The City shall expend its best efforts to discourage nighttime parking, as the Town Center frequently holds nighttime events. d. The City shall encourage employees to park towards the west end of the deck, leaving spaces closest to the elevators open for customer parking. 4. The Commission shall be responsible for all collection actions associated with delinquent accounts, provided that the City shall be responsible for informing the Commission of such accounts in a timely manner. 5. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other. • • 6. The parties agree and understand that this Agreement is exclusive of any and all other agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 7. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of any other breaches by either party. 8. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and the Commission. IN WITNESS WHEREOF, the City and the Commission have executed this Agreement on or as of the date first written above. CITY OF FAYEVcI,LLE • ior a _ DanCoody, y LATTEST:— s� m Heather Woodruff, City Clerk ADVERTISING AND PROMOTION COMMISSION By: ATTEST: By: • WITTENBERG , DELONY & DAVIDSON , INC . CHANGE ORDER Northwest Arkansas Office 100 West Center , Suite 102 Fayetteville , AR 72701 501 - 443 - 6666 Fax : 501 - 443 - 9515 PROJECT : CHANGE ORDER NO : 06 ( FINAL ) FAYETTEVILLE TOWN CENTER AND EXHIBITION HALL PROJECT NO : 95059 FAYETTEVILLE , ARKANSAS TO : DATE : 5 - 02 - 2001 NABHOLZ CONSTRUCTION CORPORATION P . O . BOX 277 CONTRACT DATE : 7 - 29 - 1999 ROGERS , ARKANSAS CONTRACT FOR : General Construction You are directed to make the following change ( s ) in this Contract : 1 ) Change switching in Room 424 $ 200 . 00 add 2 ) Adjust electrical in Prep Kitchen $ 11788 . 00 add 3 ) Add phone conduit at Passenger Elevators $ 380 . 00 add 4 ) Change door closures at Exhibition Hall $ 912 . 00 add 5 ) Add vertical blinds to " D" windows $ 11225 . 00 add 6 ) Add receptacles to office $ 388 . 00 add 7 ) Delete portions of telephone Kiosks < $ 2 , 589 . 00 > credit 8 ) Add power to northeast planter @ plaza $ 1 , 421 . 00 add 9 ) Add conduits to access planters $ 444 . 00 add 10 ) Add planter drain $ 1 , 432 . 00 add 11 ) Add code required gate in Stair #2 $ 762 . 00 add 9) Add parking deck clearance bar $ 644 . 00 add Add ceiling to Stair # 1 $ 509 . 00 add 14 ) Add fire department requested fire extinguishers $ 11490 . 00 add 15 ) Add fire department requested parking striping $ 11751 . 00 add 16 ) Change exp . joint filler in Exhibition Hall $ 21134 . 00 add 17 ) Add fire department requested light in Stair #2 $ 219 . 00 add 18 ) Delete patching work at Rock Street < $ 960 . 00 > credit 19 ) Add conduit for PA & Video Systems $ 51000 . 00 add 20 ) Add key switches at freight elevators $ 11176 . 00 add 21 ) Add Gutter for drainage at Plaza $ 21000 . 00 add Total Changes $ 20 , 326 . 00 add CONTRACT RECAP The original Contract Sum was : $ 7 , 3461408 . 00 Net change by previously authorized Change Orders : 1 , 095 , 491 . 00 The Contract Sum prior to this Change order : $ 8 , 441 , 899 . 00 The Contract Sum will be increased by this Change Order : $ 20 , 326 . 00 add The new Contract Sum including this Change Order will be : $ 8 , 4621225 . 00 The Contract Time increased 10 days* due to this Change order . ( *only at mechanical screen - balance of completion is unchanged) Not valid until signed by both the Owner and Architect . Signature of the Contractor indicates his agreement herewith, including any adjustment in the contract Sum or Contract Time . WITTENBERG, DELONY & DAVIDSON, INC. NABHOLZ CONSTRUCTION CITY OF FAYETTEVILLE 100 West Center, Suite 102 P.O . Box 277 113 West Mountain Street tteville, AR 72701 qA\`\ Rogers, Arkansas 72757 Fayetteville, Arkansas X701 BY: BY: BY: GCv DATE: DATE: O� DATE: O O t • LEASE This Agreement, made and entered into this day of 20� by and between the Fayetteville Advertising and Promotion Commission, operating as the Fayetteville Town Center, hereinafter called "Lessor' and hereinafter called "Lessee" WITNESSETH: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by the Lessee as obligations to the Lessor, the Lessor lets, leases and demises unto Lessee, subject to the terms and conditions contained herein, the following described property situated in the City of Fayetteville, Washington County, Arkansas: parking space(s), located in the Fayetteville Town Center Parking Deck, 15 West Mountain Street, Fayetteville, Arkansas. To have and to hold said premises unto the said Lessee for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. • 2. Term. This term of this lease agreement shall commence on 20_, and shall continue on a month-to-month basis. 3. Rent. Lessee agrees to pay to Lessor as rental for each quarter year of this lease the sum of $ per space per month. Each quarterly payment is due in advance and payable on or before the 15' day of each quarter. If payment is not received by the 5th day of the quarter, the parking card(s) shall be deactivated and this lease shall automatically terminate. Parking space(s) shall be available immediately for lease by another customer. 4. Use. Lessee agrees to use the leased premises only for the purpose of passenger vehicle parking. No boats, campers, or trailers shall be parked or stored in the Town Center parking deck. Any vehicle remaining in the deck for three (3) consecutive calendar days shall be presumed to have been abandoned, and shall be towed at the owner's expense. 5. Alternative Parking on Event Days. During sell-out events at the Town Center, Lessor reserves the right to deny access to the parking deck by temporarily deactivating Lessee's parking card(s), provided that Lessor gives Lessee five (5) calendar days written notice of any such Event Day. Lessor shall provide Lessee iwith alternative parking space(s) as set forth in the "Procedures for Alternative i • Parking on Event Days," a copy of which is attached. Lessor reserves the right to amend the "Procedures for Alternative Parking on Event Days," provided Lessee is given written notice thereof thirty (30) calendar days in advance of any such amendments taking effect. 6. Damage or Loss. Lessee agrees and understands that the Lessor is not responsible for any damage or loss to the property or person of Lessee while upon the premises and that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the Fayetteville Advertising and Promotion Commission under the Constitution and Statutes of the State of Arkansas. Lessee shall be responsible for any and all damage to the parking deck structure, equipment, or fixtures thereof, and shall pay all costs and expenses incurred to repair such damage. Lessee shall pay a $15.00 replacement fee per card for any lost or stolen parking card(s). Replacement cards shall not issue until Lessee pays the replacement fee. 7. Assignment. Lessee shall not assign this lease or sublet the leased premises without prior written consent of the Lessor. Consent for any assignment or subletting shall only be considered at the same rates as established in Paragraph Three (3) above. Any such assignment or subletting shall in no way relieve Lessee from liability for the obligation imposed by this lease. Lessee may only • be released from liability by a specific written release executed by Lessor. 8. Termination. Lessee may terminate this contract at any time by providing written notice to Lessor at least ten (10) days prior to end of the current quarter. Lessor may terminate this Lease at anytime during the term of this Lease for Lessee's non-payment of rents, breach of any of the terms of the contract, or violations of the policies and procedures of the Town Center parking deck. Upon termination for whatever reason, Lessee shall surrender any parking card(s) to Lessor, and remove the vehicle(s) from the Town Center premises. No refund shall be given for any unused portion of the lease during the quarter. In the event it should become necessary for Lessor to institute any action at law to recover possession at the time of termination,_ whenever and however termination may occur, Lessee agrees that it shall pay all costs and expenses of such action, including reasonable attorneys' fees. 9. Compliance with Laws. Lessee agrees not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction of the leased premises. 10. Non-Waiver. It is agreed that the failure of Lessor to invoke any of the available remedies under this lease or under law in the event of one or more breaches or • defaults by Lessee under the lease shall not be construed as a waiver of such 1 • provisions and conditions and shall not prevent Lessor from invoking such remedies in the event of any future breach or default. 11. 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 shall remain in full force and effect. 12. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 13. 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 WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on this day of . 20 • LESSOR: ADVERTISING AND PROMOTION COMMISSION By: ATTEST: By: LESSEE: By: • 1 • APPLICATION FOR TOWN CENTER PARAIUNG LEASE Applicant's Name: Billing Name: Hirai r=m 500, &bow.) Billing Address: City, State, Zip: Phone Number: (Home) (Work) Place of Employment: Business Street Address: Number of Parking Spaces Requested: Due to the demand for parking in the downtown area, leases are granted only as space becomes available in the Town Center parking deck. While every effort is made to accommodate all who apply, this application does not constitute a guarantee that space is available, nor does it reserve a space for you in the deck at some future date. If a space is available, you will be offered the opportunity to sign a formal lease agreement. This • application has no binding legal effect on either you or the Town Center. The lease amount for a space in the Town Center parking deck is $ per month. Customers signing a parking space lease must pay the quarterly rent in advance, prorated for the current quarter. If the billing for the next quarter has already been generated, the customer must also pay in advance for that entire quarter. Once you have signed a lease and paid the quarterly rent, you will be issued one parking card per space. Parking cards have an "anti pass back" feature that prevents the card from being reused for 15 minutes after each reading of card. You will be required to pay a $ 15.00 replacement fee per card for any lost or stolen parking card(s). Replacement cards shall not issue until the customer pays the replacement fee. Customers shall pay their rent in advance for the entire quarter by the I" day of the beginning of the quarter. If payment is not received by the 5`h day of the quarter, the parking card will be deactivated and the lease will automatically terminate. The parking space(s) shall be available immediately for lease by another customer. Customers may cancel the contract at any time by providing written notice at least 10 days prior to end of the current quarter. Customers must surrender all parking card(s) immediately upon termination of this lease. No refunds shall be given for the unused portion of the lease during the quarter. You should also be aware that the Town Center elevators may only operate between • 8:OOam and 5 :OOpm., Monday-Friday, and that the Town Center assumes no liability at any time for the safety or security of you, your car, or its contents. PROCEDURES FOR ALTERNATIVE PARKING ON EVENT DAYS From time to time, patrons of certain events at the Town Center will require most, if not all, of the available spaces on the parking deck. On these Event Days, Parking Cards will be deactivated, and it will be necessary for regular Cardholders to seek alternative parking at the Municipal Parking Deck adjacent to the Hilton Hotel. Cardholders will be notified in advance of such days as set forth in their lease agreement. Cardholders will be issued tokens quarterly, but in no case less than five (5) days before an Event Day. Tokens may be used for six (6) months. Cardholders may use any excess tokens to park at • the Municipal Parking Deck on days other than Event Days. Neither the Fayetteville Advertising and Promotion Commission, operating as the Fayetteville Town Center, nor the City of Fayetteville shall be in any way responsible for lost or stolen tokens. On any day that the Town Center Parking Deck is full, Cardholders may request a token from the Town Center business office in order to park at the Municipal Parking Deck adjacent to the Hilton Hotel. The Fayetteville Advertising and Promotion Commission, operating as the Fayetteville Town Center, and the City of Fayetteville reserve the right to amend these "Procedures for Alternative Parking on Event Days," after giving Cardholders thirty (30) calendar days notice of any such amendments taking effect.