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Home My WebLink About115-00 RESOLUTION• • RESOLUTION NO. 115-00 MICROFTLMED A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH DAVID AND CATHY, INC., FOR TWO (2) PARKING SPACES LOCATED IN THE FAYETTEVILLE MUNICIPAL PARKING LOT AT 160 WEST MOUNTAIN STREET, BETWEEN MOUNTAIN, CHURCH, AND CENTER STREETS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute a lease agreement with David and Cathy, Inc. for two (2) parking spaces located in the Fayetteville Municipal Parking Lot at 160 West Mountain, between Mountain, Church and Center Street . A copy of the lease agreement is attached hereto marked Exhibit "N' and made a part hereof. PASgElt AND APPROVED this • • ATTEST: By: Heather Woodruff, CiawJerk 15th day of August , 2000. APPROVED• By: �/ A�?4'Y�� F ed Hanna, Mayor • NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials 9/5' -at PSI -DD 9/-0 0 ZX,zillerT i "(Con oA- ieAs& AgY,e0- AJT &±m, <AAa.Ln awe.' eATily, idc) gt-goto Srgcfr X'stis&to Abney) S -ii -00 -Ty yip o .1-,e4 Cr ezGeK • LEASE EXHIBIT A This Agreement, made and entered into this 1st day of September , 2000 by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain, Fayetteville, Arkansas, hereinafter called "Lessor", and David and Cathy, Inc., 21 S. Block, Fayetteville, AR 72701, 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 Washington County, Arkansas: Two (2) parking spaces, as set forth on Exhibit "A" attached hereto, located in the Fayetteville Municipal Parking Lot, west of the Campbell Bell Building between Mountain, Church, and Center Streets, a/k/a 160 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 lease shall commence on September, 1, 2000, and shall extend for a term of 1 year, ending at midnight on August 31, 2001. The Lessee shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to "Lessor" at least 30 days prior to expiration of this lease. 3. Rent. Lessee agrees to pay to Lessor as rental for the first year of this lease the sum of $50 per space per month. Thereafter, the rent shall be adjusted each year at the lease anniversary date to an amount charged for comparable lease spaces in this lot. If no comparables exist, rates will be the same as the Town Center parking deck rates. Each monthly payment is due and payable on or before the fifteen of each month. A late fee shall be imposed, at the highest rate allowable by law, on all payments which are not received by Lessor within 5 business days from the due date. 4. Use. Lessee agrees to use the lease premises only for the purpose of vehicle parking for the use of David and Cathy, Inc. customers. However, it is understood that the City will not provide enforcement for restrictive parking. 5. Lessee Improvements. Lessee may make the following improvements: install sign identifying private parking for customers. Design for all improvements shall be approved by the City. Any such improvement shall be solely at the Lessee's expense. Upon termination or expiration of this lease such improvements shall be considered affixed to the premises and shall remain unless Lessor requires removal. 6. 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 3. above. Any such assignment or subletting shall in no way relieve Lessee from liability for the obligation imposed by this lease. m X 2 • • • • Lessee may only be released from liability by a specific written release executed by Lessor. 7. Holdover. Lessee hereby agrees that upon the termination of this lease by expiration or by earlier termination for any reason whatsoever, Lessee will peaceably deliver possession of the leased premises to Lessor In the event Lessee shall be permitted by Lessor to hold over after the expiration or termination of this lease, said holding over , in the absence of any written agreement to the contrary, shall be construed as a tenancy from calendar month to calendar month at a monthly rental equal to the rental for the last month paid under this lease, or as may be amended on the anniversary of the term set forth in Paragraph 2. above. A month-to-month tenancy arising by Lessee's holding over under this paragraph may be terminated by written notice from either party to the other party on or before the day on which any monthly rent is due with termination not becoming effective until the day on which the next following monthly rental would have otherwise become due 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 will pay all costs and expenses of such action, including reasonable attorneys' fees. 8 . Termination. Lessor hereby reserves the right to terminate this Lease at anytime during the term of this Lease if it is determined by the Fayetteville City Council that the leased premises is needed for a valid public purpose. If Lessor terminates the lease prior to expiration of the term in Paragraph 2. , Lessor shall compensate Lessee on a prorated basis of the actual cost to make improvements to the premises. 9. Compliance with Laws. Lessee agrees not to violate any law, ordinance, rule or regulation of any governmental 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 provisions and conditions and shall not prevent Lessor from invoking such remedies in the event of any future breach or default. 11. Insurance. Lessee shall be solely responsible for maintaining insurance on any improvements made to the leased premises, as well as for general public liability insurance. 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. 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 ATTEST: By: Hea er Woodruff, City Clerk ATTEST: By: Title: LESSOR City of Fayetteville, Arkansas By: dibv)""4----- Fred Hanna, Mayor LESSEE By: cikls Title: 1 1 • • TIO WAY 20' 4 • {I R L;Ylitgter A /l / bfrutt &• y,i4Z. LbtrArASD / SEprelect, la, _UNSER STREET_ (PLATTED 55' RIGHT -OF- WAY) • eC e,CV v. 0/. M 1 • 4 E•. 3 rpt -32.9 ENIMEr ?i 1 ••• t• �ZI•••• -I; ' 4T_ -i 4 1 zit i a TWO WAY •tl: A h J TWO WAY I:.f y •• - 1 I—1.111?q-- I -'� —_ I I '?i .1 !�\1ti-. 'I:oafs__. I(Qd I- :1 tr 1dF 1•.I • I • %'• ,, 11.� -, `.? 1. Cal ;sIii—S1,•• T j.1441 r.3 1 • 1.:1 • 1 •1.:1 t1.i 11.1 , 1:1 • Ott ♦llry N ••• „1 41 ,volt. 0. Ste 4. an e. Cep, e. Se fl, x I . W /.. e./..r-rM. • ( C.. /(✓+.toot u/ i.Ht/t V/✓ Ca•A Ott..% MA to i.. Cr... renorieetira • } . TWO:WAY tIl w C.. - F. ' r N. ' e.einia% wee - I:N A•.sn. /u t la.'et -flan Al 1 .•tabu n /w.••r ;4• MQUNTAI.N..__STREEJ .—_ _ ONE war-- (PLATTED 55' RIGHT Oi-WATI • 4_ 2. 4. _ 4T9 Meq/ Fite M/ • X AGENDA REQUEST _ CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM For the Fayetteville City Council meeting of August 15, 2000 • FROM: John Maguire Name Division Administration Department ACTION REQUIRED: Approve attached lease for (2) parking spaces as set (A) attached hereto, located at 21 S. Block St., West of the Campbell David and Cathy, Inc.. forth on Exhibit Bell Building, to COST TO CITY: N/A Cost of this Request Category/Project Budget Account Number Funds Used To Date Project Number Remaining Balance Category/Project Name Program Name Parking Fund BUDGET REVIEW: Budget Cfordmato Budgeted Item S(O g.2 -do Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Purchasing Officer STAFF RECOMMENDATION: oo Date ADA Coordinator ai-001 CCM .IJj Date Internal A ditor g-3.00 Date Grant Officer Date Date Date Division Head Mayo Date Date Cross Reference New Item: Yes No Prev Ord/Res P: Orig Contract Date: ega FoR� • STAFF REVIEW FORM S Description Meeting Date Comments: Budget Coordinator Reference Comments: Page 2 Accounting Manager Reference Comments: Art ihRit LAAtr�> C/ea —tit City Attorney Reference Comments: Purchasing Officer Reference Comments: ADA Coordinator Reference Comments: Internal Auditor Reference Comments: Grants Offcier Reference Comments: FAYETTEVeLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: John Maguire, Administrative Services Director From: Heather Woodruff, City Clerk Date: August 17, 2000 Attached is a copy of Resolution No. 115-00 and a copy of the signed contract with David and Cathy, Inc The original will be microfilmed and filed with the City Clerk. cc: Marilyn Cramer, Accounting Manager Apryl Okoroafor, Parking Enforcement Nancy Smith, Internal Auditor • • • • • .S , RESOLUTION NO. 115-00 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A'LEASE AGREEMENT WITH DAVID AND CATHY, INC., FOR TWO (2) PARKING SPACES LOCATED IN THE FAYETTEVILLE MUNICIPAL PARKING LOT AT 160 WEST MOUNTAIN STREET, BETWEEN MOUNTAIN, CHURCH, AND CENTER STREETS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute a lease agreement with David and Cathy, Inc. for two (2) parking spaces located in the Fayetteville Municipal Parking Lot at 160 West Mountain, between Mountain, Church and Center Street . A copy of the lease agreement is attached hereto marked Exhibit "A" and made a part hereof. IIAS'lEja AND APPROVED • Q ATTEST: Bv: Heather Woodruff, C i Klerk this 15th day of August , 2000. APPROVED. ied Hann By: F a, Mayor