HomeMy WebLinkAbout41-82 RESOLUTION•
RESOLUTION NO. 4/ -122---
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT WITH UNIVERSITY
HILTON PARTNERS, LTD. FOR SEVENTY SPACES IN THE DOWN-
TOWN PARKING FACILITY ADJACENT TO THE CONTINUING EDUCATION
CENTER AND HILTON HOTEL.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a lease agreement with University Hilton
Partners, LTD. for seventy spaces in the downtown parking
facility adjacent to the Continuing Education Center and
Hilton Hotel. The term of said lease agreement shall be for
a maximum period of ten years. Monthly lease payments shall
be a minimum of $2,100 the first year, $3,000 the second
year, and $3,500 the third year; thereafter, an escalator
provision equivalent to increases in parking rates charged
to the general public shall be applicable; provided, monthly
lease payments for the first three years shall not be less
than an amount determined by the Finance Directors to be
sufficient, together with other pledged revenues, to meet
debt service requirements on all Parking revenue bonds
issued to finance construction of the downtown parking
facility. The lease shall be drafted, or approved, by the
City Attorney. A copy of said lease shall be attached
hereto and made a. part herebf. 4 I
PASSED AND APPROVED this /4 day -o
1982. • ,
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A
LEASE
This Lease executed this \?A.7b day of September, 1982,
by and between the City of Fayetteville, Arkansas, hereinafter
called "Lessor", and University Partners, Ltd., a Texas limited
partnership, hereinafter called "Lessee".
WHEREAS, Lessor has constructed a Convention Center at
the northeast corner of the intersection of Center Street and
East Avenue which Convention Center has been leased to the
University of Arkansas for continuing education purposes; and
WHEREAS, Lessee has constructed a Hilton Hotel on East
Avenue which hotel adjoins said Convention Center; and
WHEREAS, Lessor has constructed a public parking garage
on Meadow Street adjacent to said Convention Center and said
hotel; and
WHEREAS, said public parking garage has 290 spaces; and
'WHEREAS, Lessee desires to lease 70 spaces in said parking
garage for use by patrons of said Hilton Hotel; and
WHEREAS, Lessor is willing to lease Lessee 70 parking
spaces in said parking garage subject to the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, Lessor and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the non-exclusive use of 70 parking spaces
on the first two levels of Lessor's public parking garage on
Meadow Street subject to the following terms and conditions:
(a) No parking space shall be reserved for use
by Lessee's patrons or employees; all parking spaces
shall be available on a first-come, first-served basis.
(b) Lessor shall validate, in a method approved
by Lessor's City Manager, charge tickets issued to
patrons or employees of Lessee for the use of parking
spaces in Lessor's parking garage.
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.(c) Lessor shal be obi4gated to honor $2,100.00
worth ofvalidatedparking,tharge tickets per month
during the term of this Lease. Subject to the provisions
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• ofp.aragraph...(d)-..heloW,:lassor shall:imposai.no..scharge
fl,...,to,patrons.,or,employees of:Lessee 1210,present a validated
charge ticket.
.(d) ..Lessor shall continue to honor validated
charge tickets in excess Of $2,100.00 worth of parking
charge tickets per month; but Lessee shall be liable to
Lessor for the regular parking fees payable on each
such.validated ticket in excess of $2,100.00 in any ,
given month.
2. Lessee shall pay as rental to Lessor the sum of
$2,100.00 per month payable in.advance on the first day of
the.month; provided, the sum payable to Lessor by Lessee as
rental shall automatically increase proportionately to any
increase in the daily rate Lessor charges the general public
for use of.the first two levels in Lessor's parking garage
for. a-24 hour period. The initial daily rate is $1.50 for
each 24 hour period. Initial hourly rates are as set out
in Exhibit "A" attached hereto and made a part hereof.
3. The term of this Lease shall be for a period of
ten (10) years commencing upon the 10th day of September,
1982, and terminating on the 9th day of September 1992;
provided, Lessor shall have the right to terminate this
Lease at any time by giving thirty (30) days written notice
mailed t� Lessee, c/o Hotel Manager, The Fayetteville Hilton,
70 North East Street, Fayetteville, Arkansas 72701.
Lessee shall indemnify Lessor against any loss, damage
or expense resulting from personal injury, death or damage to
?to
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or loss of property resulting from
garage by Lessee,
patrons.
5.
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use of Lessor's'parking
Lessee's agents, employees, invitees, or
Lessor will not lease any other spaces in said
parking garage except upon furnishing Lessee with an opinion
from nationally recognized bond counsel to the effect that
such leasing will not cause Lessee to become the principal
user of the facility within the meaning of Section 103(b)
of the Internal Revenue Service Code.
6 This agreement shall be binding on and inure to
the benefit of the parties and their legal representatives
successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease
on the date first above written.
ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
9
Clerk ByMayor
• .*J-.
.4-fen„,-.1•eot.s
5 i'agevaralb -
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let
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UNIVERSITY PARTNERS, LTD.,
LESSEE
By
SUMNER & GREENER,
By
General Partner
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EXHIBIT "A"
PARKING RATES
GARAGE LEVELS 1 & 2
Time (Hours) Proposed Charge
0 1/2
1/2 -1
1 -11/2
1 1/2 - 2
2 2 1/2
2 1/2 - 3
3 -31/2
3 1/2 - 4
4 -41/2
4 1/2 - 5
5 5 1/2
5 1/2 - 6
6 6 1/2
6 1/2 - 7
7 -71/2
7 1/2 - 8
8 -81/2
8 1/2 - 9
10 - 24
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. 25
. 25
. 50
. 50
. 75
. 75
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.50
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l':AVY-ETTEVILJLE, A.1=t1C-A.NA.S
OFFICE OF CITY MANAGER
P. 0. • DRAWER F 72701
15M1521.77W
Recommended rates for parking deck:
Parking Deck -.third level: That this be for the exclusive use of monthly
parking by cardholders, from 5:00 a.m. to 4:30 p.m., for $25.00 per month
per space; and that it also be available from 4:30 p.m. to 5:00 a.m. to
the public for a flat 50. This will be controlled by a gate.
Parking Deck - first and second levels: The City has entered into a lease
agreement with the Hilton whereby they pay $2,100.00 per month for the
right to validate 70 parking tickets per day. No spaces would be reserved
for their use, and for each parking ticket above 70 validated on any given
day, the hotel would pay the going rate.
If the deck is full and there are not 70 spaces available for hotel use,
they still pay the $21100.00 per month. This fee is for the right to
validate tickets, and there is no guarantee that there will be spaces
available.
PROPOSED PARKING RATES
PARKING GARAGE LEVELS 1 & 2
TIME (HOURS)
0 •
-
1/4 -1
1 -1½
11/4 - 2
2 -2½
21/4 - 3
3 -3½
31/4 - 4
4 -4½
41/4 - 5
5 -5½
51/4 - 6
6 -6½
• 61/4 - 7
7 -7½
•- "71/4 - 8
.8½-9
10 - 24
PROPOSED CHARGE
. 25
. 25
. 50
. 50
. 75
. 75
1.00
1.00
1%00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.50
It is recommended that the monthly fee for all gated lots be increased to
$25.00 effective September 1, 1982. (Presently $20.00).
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RESOLUTION NO. Lii—Sic).0A
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT WITH UNIVERSITY PARTNERS,
LTD. FOR SEVENTY SPACES IN THE DOWNTOWN PARKING GARAGE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS FOR THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a lease agreement with
University Partners, Ltd. for seventy spaces in the downtown
parking garage. A copy of the lease agreement authorized
for execution hereby is attached hereto, marked Exhibit "A",
and made a part hereof.
Section 2. That Resolution No. 41-82 is hereby repealed.
PASSED AND APPROVED this day of , 1982.
ATTEST:
By:
City Clerk
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APPROVED:
By:
egaiiii,7?20112,d//
Mayor
cfil / gaS:5
Sulk?.
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•
LEASE
This Lease executed this .?e,D day of September, 1982,
by and between the City of Fayetteville, Arkansas, hereinafter
called "Lessor", and University Partners, Ltd., a Texas limited
partnership, hereinafter called "Lessee".
WHEREAS, Lessor has constructed a Convention Center at
, the northeast corner of the intersection of Center Street and
East Avenue which Convention Center has been leased to the
University of Arkansas for continuing education purposes; and
WHEREAS, Lessee has constructed a Hilton Hotel on East
Avenue which hotel adjoins said Convention Center; and
WHEREAS, Lessor has constructed a public parking garage
on Meadow Street adjacent to said Convention Center and said
hotel; and
WHEREAS, said public parking garage has 290 spaces; and
WHEREAS, Lessee desires to lease 70 spaces in said parking
garage for use by patrons of said Hilton Hotel; and
WHEREAS, Lessor is willing to lease Lessee 70 parking
spaces in said parking garage subject to the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, Lessor and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the non-exclusive use of 70 parking spaces
on the first two levels of Lessor's public parking garage on
Meadow Street subject to the following terms and conditions:
(a) No parking space shall be reserved for use
by Lessee's patrons or employees; all parking spaces
shall be available on a first-come, •first-served basis.
(b) Lessor shall validate, in a method approved
by Lessor's City Manager, charge tickets issued to
patrons or employees of Lessee for the use of parking
spaces in Lessor's parking garage.
77.)9 2/16, qt-ga
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(c) Lessor shall be obligated to honor $2,100.00
worth of validated parking charge tickets per month
during the term of this Lease. Subject to the provisions
of paragraph (d) below, Lessor shall impose nocharge
to patrons or employees of Lessee who present a validated
charge ticket.
(d) Lessor shall continue to honor validated
charge tickets in excess of $2,100.00 worth of parking
charge tickets per month; but Lessee shall be liable to
Lessor for the regular parking fees payable on each
such validated ticket in excess of $2,100.00 in any
given month.
2. Lessee shall pay as rental to Lessor the sum of
$2,100.00 per month payable in advance on the first day of
the month; provided, the sum payable to Lessor by Lessee as
rental shall automatically increase proportionately to any
increase in the daily rate Lessor charges the general public
5
for use of the first two levels in Lessor's parking garage
for a 24 hour period. The initial daily rate is $1.50 for
each 24 hour period. Initial hourly rates are as set out
in Exhibit• "A" attached hereto and made a part hereof.
3. The term of this Lease shall be for a period of
ten (10) years commencing upon the 10th day of September,
1982, and terminating on the 9th day of September 1992;
Provided, Lessor shall have the right to terminate this
Lease at any time by giving thirty (30) days written notice
mailed to Lessee, c/o Hotel Manager, The Fayetteville Hilton,
70 North East Street, Fayetteville, Arkandas 72701.-
4. Lessee shall indemnify LessOr against any loss, damage
or expense resulting from personal injury, death or damage to
or loss of property resulting from
garage by Lessee, Lessee's agents,
patrons.
5.
use of Lessor's parking
employees, invitees, or
Lessor will not lease any other
spaces in said
narking garage except upon furnishing Lessee with an opinion
from
such
user
nationally recognized bond counsel to the effect that
leasing will not cause Lessee to become the principal
of the facility within the meaning of Section 103(b)
of the Internal Revenue Service Code.
6. This agreement shall be binding on
and inure to
the benefit of the parties and their legal representatives
successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease
on the date first above written
ATTEST:
By
• 1
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
Mayor
UNIVERSITY PARTNERS, LTD.,
LESSEE
By
SUMNER & GREENER, General Partner
By
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EXHIBIT "A"
PARKING RATES
GARAGE LEVELS 1 & 2
Time (Hours) Proposed Charge
0 1/2 .25
1/2 - 1 .25
1 1 1/2 .50
1 1/2 - 2 .50
2 2 1/2 .75
2 1/2 - 3 .75
3 3 1/2 1.00
3 1/2 - 4 1.00
-4 4 1/2 1.00
4 1/2 - 5 1.00
5 5 1/2 1.00
5 1/2 - 6 1.00
6 6 1/2 1.00
6 1/2 - 7 1.00
7 7 1/2 1.00
7 1/2 - 8 1.00
8 8 1/2 1.00
8 1/2 - 9 1.00
10 - 24 1.50
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PARKINGMANAGEMENTCONTRACT
This Contract executed this 3rd day of September ,
1982, by and between the City of Fayetteville, Arkansas,
hereinafter called "the City", and University Partners, Ltd., a
Texas limited partnership, hereinafter called "the Manager".
WHEREAS, the City owns a public parking lot located at the
northwest corner of the intersection of East Avenue and Meadow
Street; and
WHEREAS, the City has constructed a gated entrance to said
parking lot; and
WHEREAS, the City desires to use said lot to provide valet
parking to members of the general public utilizing the Center for
Continuing Education and other facilities in the downtown area;
and
WHEREAS, the Manager owns and operates a Hilton Hotel
located at the southeast corner of the intersection of East Avenue
and Meadow Street adjacent to the Center for Continuing
Education; and
WHEREAS, the Manager employs a staff capable of operating
and managing the aforesaid valet parking lot desired by the City;
and
WHEREAS, at the City's request, the Manager has agreed to
operate and manage the aforesaid valet parking lot; and
WHEREAS, the purpose of this Contract is to set forth the
terms and conditions under which the Manager will so operate the
aforesaid valet parking lot.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the Manager and the City agree as follows:
1. Manager agrees to operate and manage a valet parking
service for members of the general public subject to the terms
and conditions hereinafter set forth:
(a) The service to be operated and managed by the
Manager shall consist of receiving automobiles in front of
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the Hilton Hotel and parking said automobiles in the City -
owned parking lot at the northwest corner of the
intersection of East Avenue and Meadow Street, and
delivering the automobiles from the parking lot to the
general public in front of the Hilton Hotel
(b) Valet parking shall be provided to the general
public on a first-come, first-served basis. Manager shall
not discriminate in favor of Hilton Hotel patrons.
(c) The Manager shall charge members of the general
public for valet parking services rendered by the Manager
such gate entry fees as are established from time to time by
the City. The initial gate entry fee to be charged shall be
$1.50 per automobile. Said gate entry fee shall not be
increased without the prior approval of the Fayetteville City
Manager.
(d) Manager shall install and maintain a suitable
bookkeeping and accounting system reflecting an up to date
record of gross receipts from operation of the City's parking
lot. Manager's records shall be open for inspection by any
authorized representative of the City at all reasonable
hours. Within ten (10) days from the last day of the
preceding month, Manager shall pay to the City all gross
operating receipts from the previous month.
2. The term of this Contract shall be for a period of one
year commencing on the 3rd day of September 1 1982, and
terminating on the 2nd day of September , 1983; provided,
the City or Manager shall have the right to terminate this
Contract at any time, with or without cause, by giving ten (10)
days notice of termination. In the event of such termination, the
Manager shall immediately pay over to the City all gross receipts
accumulated through the termination date.
3. The City shall maintain the parking lot and the entry -
exit gate at the City's expense.
4. The City shall provide the electrical power necessary
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for the operation of the entry -exit gate and shall furnish the
power for the parking lot lights.
5. In consideration of Manager operating the City's valet
parking lot, the City shall pay the Manager a lump sum of
$10,800.00 payable in equal monthly installments on or before the
first day of each month following execution of this Contract.
6. Manager's employees serving as valet parking
attendants under this Contract, shall be uniformly dressed, and
shall be courteous and polite to the public at all times.
7. Manager shall procure and shall maintain in full force
and effect during the term of this Contract workmen's
compensation insurance as required by statute, and public
liability insurance providing minimum coverage of
$100,000.00/$300 000.00 for bodily injury and $25,000.00 for
property damage. Manager shall save and hold the City harmless
from any and all claims for personal injury, death or property
damage arising from the performance of this Contract.
8. Manager shall keep the parking area clean of all
rubbish and debris.
9. Manager shall provide the highest standard of service
in the day to day operation of the parking lot.
10. This Contract shall be binding upon the parties hereto
and upon their successors and assigns but no assignment shall be
made by Manager without the prior written consent of the City.
11. Manager shall have the right to renew this Contract for
one additional twelve (12) month period or the same terms upon
written notice to the City thirty (30) days prior to the
expiration of the first twelve (12) month period.
IN WITNESS WHEREOF, the parties have executed this Contract
on the date first above written.
ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS
ByiaCSl 4°Ler
CITY CLERK
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UNIVERSITY PARTNERS, LTD.
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By: SUMNER & GREENER, General
Par
By
Alan R. um - , 'artner