HomeMy WebLinkAbout141-99 RESOLUTION•
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RESOLUTION NO 141-99
A RESOLUTION AWARDING BID NO. 99-77 IN THE AMOUNT
OF $2,500/MONTH TO HANNA- MOORE DEVELOPMENT, FOR
A LEASE AGREEMENT FOR HEATED STORAGE LOCATED
AT 1671 FRED HANNA DRIVE FOR SIX MONTHS PERIOD,
NOVEMBER 1, 1999 TO APRIL 30, 2000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 99-77 In the amount of
$2,500/month to Hanna -Moore Development, for a lease agreement for heated storage located at
1671 Fred Hanna Drive for a six months period, November 1, 1999 to April 30, 2000; and authorizes
the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 2 " day of November 1999.
APPROVED.
By
ATTEST:
By
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Heather Woodruff, City Cler
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Fred Hanna, Mayor
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EXHIBIT A
COMMERCIAL LEASE
THIS LEASE is made between Hanna -Moore Development herein called Lessor, and City of
Fayetteville, herein called Lessee.
Lessee hereby offers to lease from Lessor the Premises situated in the city of Fayetteville, County
of Washington, State of Arkansas, described as six buildings with the located at the following:
1. 1671 Fred Hanna Dr. - A 10,000 Square Foot Building
With the following Terms and Conditions:
1. Term and Rent: Lessor demises the above premises for a term of Six Months commencing
November 3,1999 and terminating on May 3, 2000, or sooner as provided herein at an semi-annual
rate of Eleven Thousand Two Hundred Fifty Dollars ($11,250.00) payable in monthly installments
of One Thousand Eight Hundred and Seventy Five Dollars ($1,875.00) due in advance on the
first day of each month for that month's rental during the term of the Lease. All rental payments shall
be made to the Lessor, at the address designated by the Lessor.
2. Use: Lessee shall use and occupy the premises for warehouse and storage. These premises shall
be used for no other purposes. Lessor represents that the premises may lawfully be used for such
purpose.
3. Care and Maintenance of Premises: Lessor tenders the premises in good order and repair unless
otherwise indicated herein. Lessee shall, at his own expense and at all times, maintain the premises
in good and safe condition, and shall surrender the same, at the termination, hereof, in as good
condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs
required, excepting the roof, exterior walls, structural foundations.
4. Alterations: Lessee shall not, without first obtaining the written consent of Lessor, make any alterations,
additions, or improvements in to or about the premises. Any alterations made by the Lessee shall
become the property of the Lessor without any compensation being given by the Lessor to the Lessee.
5. Ordinations and Statutes: Lessee shall comply with all statutes, ordinances and requirements of all
municipal, state, and federal authorities now in force or which may hereafter be in force, pertaining
to the premises occasioned by or affecting the use thereof by the Lessee.
6. Assignment and Subletting: Lessee shall not assign this Lease or Sublet any portion of the
premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any
such assignment or subletting without consent shall be void and, at the option of the Lessor, may
terminate this Lease and make all sums due under the Lease due and payable immediately.
7. Utilities: All applications and connections of necessary services on the premises, electricity, gas,
water, sewer, sanitation, which are provided by the Lessee, shall be made in the name of the Lessee
only, and Lessee shall be solely liable for charges as they become due, including those for
telephone and television cable services.
8. Entry and Inspection: Lessee shall permit Lessor or Lessor's agents to enter upon the premises at
reasonable times upon reasonable notice, for the purpose of inspecting same, and will permit Lessor
at any time within sixty (60) days prior to the expiration of this lease, to place upon the premises any
usual "To Let' or "For Lease" signs, and permit persons desiring to lease the same to inspect the
premises thereafter.
9. Possession: If Lessor is unable to deliver possession of the premises at the commencement hereof,
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Lessor shall not be liable for any damage caused thereby, nor shall this lease be void or voidable,
but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this
Lease if possession is not delivered within 45 days of the commencement of the term hereof.
10. Indemnification of Lessor: Lessor shall not be liable for any damage or injury to Lessee, or any
other person or to any property, occurring on the demised premises or any part thereof, and Lessee
agrees to hold Lessor harmless for any claims for damages, no matter how caused.
11. Insurance: Lessor is responsible for providing insurance for the replacement value of the building.
LESSEE is responsible for providing insurance for the actual value of contents
12. Eminent Domain: If the premises or any part thereof or any estate therein, or any other part of the
building materially affecting the Lessee's use of the premises, shall be taken by eminent domain, this
Lease shall terminate on the date title vests pursuant to such taking. The rent, and any additional
rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that
date shall be repaid to the Lessee. Lessee shall not be entitled to any part of the award of the award
for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures
and improvements owned by Lessee, and for moving charges.
13. Destruction of Premises: In the event of a partial destruction of the premises during the term
hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be
made within sixty (60) days under existing governmental laws and regulations, but such partial
destruction shall not terminate this Lease, except that Lessee shall be entitled to a proportionate
reduction of rent while such repairs are being made, based upon the extent to which the making of
such repairs shall interfere with the business of Lessee on such premises. If such repairs cannot be
made within sixty (60) days, this lease may be terminated at the option of either party. In the event
that the building in which the demised premises may be situated is destroyed to the extent of not less
than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the
demised premises be injured or not. A total destruction of the building in which the premises may be
situated shall terminate this lease.
14. Lessor's Remedies of Default: If Lessee defaults in the payment of rent, or any additional rent, or
defaults in the performance of any of the other covenants or conditions hereof, Lessor may give
Lessee notice of such default and if Lessee does not cure such default within 15 days, after the
giving of such notice (or if such other notice is of such nature that it cannot be completely cured
within such period, if Lessee does not commence such curing within such 15 days and thereafter
proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate
this Lease on not less than ten (10) days notice to Lessee. On the date specified in such notice, the
term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor,
but Lessee shall remain liable as herein provided. If this tease shall have been so terminated by
Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means
and remove Lessee or other occupants and their effects. No failure to enforce any term shall be
deemed a waiver.
15. Security Deposit: No security deposit will be collected or required.
16. Attorney's Fees: In the case suit should be brought for recovery of the premises, or for any sum due
hereunder, or because of any act which may arise out of the possession of the premises, by either
party, the prevailing party shall be entitled to all costs incurred in connection with such action,
including a reasonable attorney's fee.
17. Notices: Any notice which either party may or is required to give, shall be given by mailing the same,
postage prepaid, to Lessee at the premises or Lessor at the address shown below, or at any other
places as may be designated by the parties from time to time.
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18. Heirs, Assigns and Successors: This lease is binding upon and inures to the benefit of the heirs,
assigns, and successors in interest to the parties.
19. Option to Renew: Provided that Lessee is not in default in the performance of this lease, Lessee
shall have the option to renew the lease for an additional term of ONE (1) YEAR commencing at the
expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the
renewal term. The option shall be exercised by written notice given to Lessor not less than sixty (60)
days prior to the expiration of the initial lease term. If the notice is not given in the manner provided
herein within the time specified, this option shall expire.
20. Subordination: This lease is and shall be subordinated to all existing and future liens and
encumbrances against the property.
21. Entire Agreement: The foregoing constitutes the entire agreement between the parties and may be
modified only by a writing signed by both parties. The following exhibits, if any, have been made part of
this lease before the parties execution hereof:
22. Lessee's Warranties: Lessee warrants not to cause any waste or hazardous materials to be deposited
upon premises that would violate any municipal, county, state or federal regulations.
23. Quiet Enjoyment Lessor has good title to the premises, authority to enter this lease and warrants quiet
title to the Lessee so long as Lessee complies with the terms hereof.
24. Correspondence: Correspondence should be sent to the following:
If to the Lessor:
Thad Hanna
Hanna Moore Development
319 Ila
Fayetteville, AR 72701
If to the Lessee: City of Fayetteville
113 West Mountain
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! Fayetteville, AR 72701
Signed this /I day of%�OdG7r/iqeX__ 19 99
By DATE //
Lessee: City of Fayetteville
By Fred Hanna, Mayor
By DATE I C:45 Al
Lessor: anna-Moore Development
By Thad Hanna
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AGENDA REQUEST
XXX CONTRACT REVIEW
GRANT REVIEW
SRIV.;EVI£ TO RM
OCT 2 5 1999
CITY OF FAYETTEVILLE
CITY..LERK'S OFFICE
For the Fayetteville City Council meeting of
FROM:
W.A.Oestreich Fleet Operations Administrative Svcs.
Name Division Department
ACTION REQUIRED: Approval of Lease Agreement with Hanna Moore Development, 319 Ila,
Fayetteville, Ar., 72701 for a 6 Month Lease for Heated Storage. Located at 1671 Fred Hanna
Drive, Fayetteville, AR per Bid 99-77. Agreement will be for the period of 6 months, from
November 1, 1999 to April 30, 2000.
COST TO CITY:
$ 12,450.00
Cost of this Request
2250-9250-5308.00
2100-4100-5308.00
2100-5530-5308.00
5400-4000-5308.00
9700-1910-5308.00
Account Number
$ See Attached Rent Expense
Category/Project Budget Category/Project Name
$See Attached
Funds Used To Date
$ See Attached
Remaining Balance
Program Name
SFMtt-i L t &+Si.. +AI WEALs Leu.
Fund Skop
BUDGET REVIEW:
XX Budgeted
B'Ydget Manager
em
Budget Adjustment Attached
riistra v- Services Director
CONTRACT/GRANT/LEASE
REVIEW:
Purchasing Officer
/D a5 7
Date
Date
tO-Q5 -q9
Date
)RMTA?NCY:
InVdrnal Auditor
ad)
ADA Coordinator
to-aC-91
Date
Date
STAFF RECOMMENDATION:
51a0,7,
Division Head
Department Dir for
dministrative
Date
Date
Services Date
Mayor
C:\APP\DATA\WPDATA\BID\HANLEAS.BID
Date
Cross Reference
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number:
STAFF REVIEW FORM
Description: Approval of Lease - Bid 99-77 Meeting Date: N/A
Comments: Reference Comments:
Budget Coordinator:
Accounting Manager:
ft A
City Attorney:
Purchasing Officer:
ADA Coordinator:
Internal Auditor:
• City of Fayetteville, Arkansas
Services & Charges Category
Street Division, Sidewak & Trails Division, Parks Division, Water & Sewer OperationsFleet Operations
Street Division
Sidewalk & Trails Division
Parks Division
Water & Sewer Administration
Fleet Operations
2100 4100
2100-5530
2250-9250
5400-4000
9700-1910
Category Budget
461,299
97,923
142,515
1,899,574
615,662
Committed Amt
412,522
79,912
63,574
1,517,071
442,350
Remaining Amt
48,777
18,011
78,941
382,503
173,312
D:\DATA\99BUDGET\99BUDGET\HEAT_ST.WK3 10/25/99 12:03 PM
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DESCRIPTION: VEHICLE & EQUIPMENT STORAGE FACILITY
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Vendor List
Covered & Heated Storage
Al Hughes Agency
1765 N College
Fayetteville, AR 72793
Coldwell Banker Faucette
3589 N College
Fayetteville, AR 72703
Dykes Bassett Mix & Assoc
3263 N College
Fayetteville, AR 72703
Century 21
3460-A N College
Fayetteville, AR 72703
Re/Max Associates
1088 E Millsap Rd
Fayetteville, AR 72703
Lindsey Management Company
1165 Joyce Blvd
Fayetteville, AR 72703
Burt Hanna Rentals
1421 E 15th St
Fayetteville, AR 72701
Lazenby Properties
1031 N college
Fayetteville, AR 72701
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NOTICE TO BIDDER
BID NO. 99-77
COMMODITY'. VEHICLE & EQUIPMENT STORAGE FACILITY
The City of Fayetteville, Arkansas will receive sealed bids at the Purchasing Office,
City Hall, 113 W. Mountain Street, Fayetteville, Arkansas, 72701, until 11:00 A.M.,
OCTOBER 11, 1999, for the furnishing of: COMMODITY: VEHICLE &
EQUIPMENT STORAGE FACILITY
Bid Forms, Specifications, and Terms and Conditions may be obtained from the
Purchasing Office, located in Room 306, 3rdfloor of the City Administration Building.
The City reserves the right to reject any and all bids and to waive any formalities
deemed to be in the City's best interest.
Peggy Vice, Purchasing Officer
PUBLISH 10/4/99 NORTHWEST ARKANSAS TIMES -1'1 : 01-eit-+'tq
Billing refer to P.O.# (VA —I 35 a l
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CITY'
BID #: 99-77
Ylfl71 W 0 LRC
1 1 3 W. MOUNTAIN ST.
FAYETTEVILLE, AR 72701
FLEET OPERATIONS
501-444-3494
INVITATION TO BID
DATE ISSUED: September 30, 1999
DATE & TIME OF OPENING: October 11, 1999 - 11:00 A.M.
BUYER: Peggy Vice, Purchasing Manager, Room 306 - (501) 575-8289
DATE REQUIRED AS COMPLETE UNITS: N/A
F.O.B. Fayetteville, AR
ITEM: DESCRIPTION:
QUANTITY: * UNIT PRICE: *TOTAL PRICE
PER SQ. FT.
1. 4000 Square Foot Storage Area
Heated to prevent Freezing
Specifications Attached 1 $ $
*FOLLOWING MUST BE SPECIFIED:
LOCATION:
TOTAL SQUARE FEET:
# OF OVERHEAD DOORS:
SIZE OF OVERHEAD DOORS:
# OF PERSONNEL DOORS:
TYPE OF HEAT AVAILABLE:
PROPOSED METHOD OF CHARGE FOR UTILITIES:
1
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AREA SECURITY:
LIGHTING AVAILABLE:
2. 4000 Square Foot Storage Area
Covered, Not Heated
Specifications Attached 1 $ $
*FOLLOWING MUST BE SPECIFIED:
LOCATION:
TOTAL SQUARE FEET:
# OF OVERHEAD DOORS:
# OF PERSONNEL DOORS:
PROPOSED METHOD OF CHARGE FOR UTILITIES:
AREA SECURITY:
LIGHTING AVAILABLE:
BIDDER IMPOSED RESTRICTIONS:
EXECUTION OF BID - Upon signing this Bid, the bidder certifies that they have read and agree
to the requirements set forth in this bid proposal, including specifications, terms and standard
conditions, and pertinent information regarding the articles being bid on, and agree to fumish
these articles at the prices stated. Unsigned bids will be rejected. Items marked * are mandatory
for consideration.
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*NAME OF FIRM:
*BUSINESS ADDRESS:
*STATE: ZIP;
*PHONE: *FAX:
*AUTHORIZED SIGNATURE:
*TITLE:
PLEASE NOTE: ALL ITEMS MARKED * ARE CONSIDERED MANDATORY REQUIREMENT
FOR CONSIDERATION OF BID. FAILURE TO COMPLETE THESE ITEMS MAY RESULT IN
REJECTION OF BID.
BID 99-77
SPECIAL TERMS & CONDITIONS
THIS REQUEST FOR BID IS NOT TO BE CONSTRUED AS AN OFFER, A CONTRACT, OR A
COMMITMENT OF ANY KIND; NOR DOES IT COMMIT THE CITY TO PAY ANY COSTS INCURRED
BY THE BIDDER IN THE PREPARATION OF THIS BID.
1. All bids shall be submitted on forms provided by the City with the item bid and the bid
number stated on the face of the sealed envelope. Bidders MUST provide the City with
their bids signed by an employee or officer having legal authority to submit bids on behalf
of the bidder. The entire cost of preparing and providing responses shall be bome by the
bidder.
2. Bidders shall include all applicable local, state, and federal sales tax in this bid. Tax
amount MUST show as a separate item.
3. Bids received after the date and time set for receiving bids will NOT be considered. The
City will NOT be responsible for misdirected bids. Vendor should call the Purchasing
Office at (501) 575-8289 to insure receipt of their bid documents prior to opening date
and time listed on the bid form.
The City reserves the right to accept or reject any or all bids, waive formalities in the
bidding and make a bid award deemed to be in the best interest of the City. The City
shall be able to purchase more or less than the quantity indicated subject to availability of
funds.
5. Time is specifically made of the essence of this contract and failure to deliver on or
before the time specified in the contract may subject the contractor to the payment of
damages.
6. Any exceptions to the requirements of the City of Fayetteville MUST be noted on the Bid
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Form. If products and/or components other than those described on this bid document
are proposed, the bidder must include complete descriptive literature and technical
specifications. The City reserves the right to request any additional information it deems
necessary from any or all bidders after the submission deadline.
7. All items marked "MANDATORY REQUIREMENT FOR CONSIDERATION OF BID"
MUST be completed and retumed with the bid or the bid may be considered as non-
responsive and rejected on that basis.
BASIC SPECIFICATIONS
VEHICLE & EQUIPMENT STORAGE AREAS
THESE ARE MINIMUM SPECIFICATIONS ONLY and are not limited or restricted to the
following.
ALL UPGRADE OR DOWNGRADE VARIATIONS/DEVIATIONS/SUBSTITUTIONS MUST BE
CLEARLY ANNOTATED. IN THE ABSENCE OF SUCH STATEMENTS, THE BID SHALL BE
ACCEPTED AS IN STRICT COMPLIANCE WITH ALL TERMS, CONDITIONS, AND
SPECIFICATIONS AND THE SUPPLIER SHALL BE HELD LIABLE.
Alternates will be considered provided each Supplier clearly states on the face of his proposal
exactly what he proposes to fumish and forwards necessary descriptive material which will
clearly indicate the character of the article covered by his bid. All Bids are subject to Staff
analysis.
The City of Fayetteville reserves the right to accept the best bid for the City, and is not required
to accept the lowest priced bid.
The City also reserves the right to reject any or all bids and will be the sole judge of what
comprises the best and most advantageous unit to meet the needs of the City.
ITEM 1. HEATED VEHICLE & EQUIPMENT STORAGE FACILITY
MINIMUM SPECIFICATIONS ONLY
AREA: 4000 Square Feet
LOCATION: Within a 3 mile radius of City of Fayetteville Administration
Building located at 113 W. Mountain Street, Fayetteville,
AR. This location must be readily accessible for use on a
24 hour basis. Drive way and gate shall have sufficient
clearance to allow Tractor/Trailer access to the area.
DOORS:
A minimum of 2 overhead doors with a minimum width of
10' and a minimum height of 14'. Please indicate if power
or manual operation.
4
availability of storage space. Location change for sq.ft cost was approved by vendor.
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Requester:
W.A.Oestreich
City:
Fayetteville
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CITY OF FAYETTEVILLE
Purchase Requisition
(not a purchase order)
SHIPPING/HANDLING
(plus 10% Administrative Charge
Utilities to be reimbursed @ Cost
Located at 1671 Fred Hanna
tal of Heated Storage Building
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This vendor is being utilized per Bid
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Vendor Name:
Hanna Moore Developement
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1$1,875.001
72701
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$1,200.001
Extended Account Number:
cost
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'Requester's Employee#:
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Ship To Code:
50
FOB Point:
Fayetteville, AR
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Requisition No.:
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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To: Bill Oestreich, Fleet Operations
From: Heather Woodruff, City Clerk
Date: November 8, 1999
Attached is a copy of the resolution approving the lease agreement with Hanna -Moore
Development for your records. The original will be microfilmed and filed with the City Clerk.
Your purchase requisition has been forwarded to the Internal Auditor.
cc. Yolanda Fields, Internal Auditor