HomeMy WebLinkAbout130-00 RESOLUTIONRESOLUTION NO. 130-00
•
MICROFILMED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT WITH MR. &
MRS. TED BELDEN, UNIT D, CAMPBELL -BELL BUILDING,
ONE (1) PARKING SPACE 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 Mr. & Mrs. Ted Belden, Unit D, Campbell -Bell Building, one (1) parking
space in the Fayetteville municipal parking lot at 160 West Mountain Street, between Mountain,
Church, and Center Streets. A copy of the lease agreement is attached hereto marked Exhibit "A"
and made a part hereof.
PASSED AND APPROVED this 19th day of September , 2000.
Heather Woodruff, City Cl
Fred Hanna, Mayor
NAME OF FILE:
feada A. x30- od
CROSS REFERENCE:
Date
Contents of File Initials
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1
LEASE
EXHIBIT A
This Agreement, made and entered into this 1st day of October , 2000, by and
between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W Mountain,
Fayetteville, Arkansas, hereinafter called "Lessor", and Mr. and Mrs. Ted Belden, 201 S. Block
St., 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:
One , (1) 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 October 1, 2000, and shall extend for a term of 1
year, ending at midnight on September 30, 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 in advance
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 use of Mr. and Mrs. Belden. However, it is understood that the City will not provide
enforcement for restrictive parking spaces identified in this lease
5. Lessee Improvements. Lessee may make the following improvements: Install private
parking notices on meter poles. 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.
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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.
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�W}E!R'EOF, the parties hereto have hereunto set their hands and seals on
this day of, 001 , _ZeIV.
LESSOR
City of Fayetteville, Arkansas
By:
Fred Hanna, Mayor
ATTEST:
By
He er Woodruff, City Clerk
LESSEE ` II �11 1 `
arc L -BLIP ?r\A rt
By:
Title: Ow,nnti1
ATTEST:
By:
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2
LEASE
This Agreement, made and entered into this 1st day of October . 2000, by and
between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain,
Fayetteville, Arkansas, hereinafter called "Lessor", and Mr. and Mrs. Ted Belden, 201 S. Block
St., 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:
One , (1) parking spaces, as set forth on Exhibit "
the Fayetteville Municipal Parking Lot, west of tl
between Mountain, Church, and Center Streets, ai
Fayetteville, Arkansas.
To have and to hold said premises unto the said L
stated, subject to the covenants, terms, conditions and liei
2. Term. This lease shall commence on October
year, ending at midnight on September 30, 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.
D c,
X50 -od
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 in advance
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 use of Mr. and Mrs. Belden. However, it is understood that the City will not provide
enforcement for restrictive parking spaces identified in this lease.
5. Lessee Improvements. Lessee may make the following improvements: Install private
parking notices on meter poles. 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.
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.
t
• •
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 EREOF, the parties hereto have hereunto set their hands and seals on
this // day of a,.�X� , ZAafi.
ATTEST:
By:
Aded,
H ther Woodruff, City C1
ATTEST:
By:
Title:
LESSOR
City of Fayetteville, Arkansas
By: dbri41
Fred Hanna, Mayor
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LEASE
This Agreement, made and entered into this 1st day of October , 2000, by and
between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W Mountain,
Fayetteville, Arkansas, hereinafter called "Lessor", and Mr. and Mrs. Ted Belden, 201 S. Block
St., 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:
One , (1) 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 October 1, 2000, and shall extend for a term of 1
year, ending at midnight on September 30, 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 in advance
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 use of Mr. and Mrs. Belden. However, it is understood that the City will not provide
enforcement for restrictive parking spaces identified in this lease.
5. Lessee Improvements. Lessee may make the following improvements. Install private
parking notices on meter poles. 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.
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:
Heather Woodruff, City Clerk
ATTEST:
By:
Title:
LESSOR
City of Fayetteville, Arkansas
By:
Fred Hanna, Mayor
LESSEE
By:
Title:
. 1'
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•
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
•
For the Fayetteville City Council meeting of September 5, 2000
FROM:
John Maguire
Name
Division
Administration
Department
ACTION REQUIRED: To approve a one year lease for (1) parking
Belden, Unit D, Campbell -Bell Building, Horizontal Property
Fayetteville, AR 72701
space for Mr. & Mrs. Ted
Regime, 201 South Block, 57,4A
qua
AOR7
COST TO CITY:
Too( ((. o—Wie-ISOG-
2o0a Kn — REUck2c
Cost of this Request
Account Number
Project Number
I11,2ew (USE)
Category/Project Budget
1l'(.O11
Funds Used To Date ZY-scinUeb)
taxa
Remaining Balance
Category/Project Name
Program Name
Fund
BUDGET REVIEW:
pi( iii‘Th
Budget Coordinator
Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
City Attorney
RUtii
Purchasing Officer
GRANTING AGENCY:
Date ADA Coordinator
Date Internal Auditor
e-ae-oo
Date Grant Officer
Date
Date
Date
STAFF RECOMMENDATION:
Division Head
Date
Cross Reference
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
STAFF REVIEW FORM
•
Description Meeting Date
Comments:
Budget Coordinator Reference Comments:
Page 2
aAng a�!rt 4 /�d� Reference Comments:
g tom,. 3
,w/if 4- a.
City Attorney Reference Comments:
Purchasing Officer Reference Comments:
ADA Coordinator Reference Comments:
Internal Auditor Reference Comments:
Grants Offcier Reference Comments:
FAYETTEVPLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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To: John Maguire, Administrative Services Director
From: Heather Woodruff, City Clerk
Date: October 2, 2000
Attached is a copy of the resolution approving a lease agreement with Mr. And Mrs. Ted Belden
for one parking space at 160 West Mountain Street. I am also retuming one original for you to
distribute. The original will be microfilmed and filed with the City Clerk.
cc: Apryl Okoroafor, Parking
Nancy Smith, Internal Audit
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RESOLUTION NO. 130-00
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT WITH MR. &
MRS. TED BELDEN, UNIT D, CAMPBELL -BELL BUILDING,
ONE (1) PARKING SPACE IN THE FAYETTEVILLE
MUNICIPAL PARKING LOT AT 160 WEST MOUNTAIN
STREET, BETWEEN MOUNTAIN, CHURCH, AND CENTER
STREETS.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
C
Section. 1. That the City Council hereby authorizes the Mayor and City Clerk to execute
a lease agreement with Mr. & Mrs. Ted Belden, Unit D, Campbell -Bell Building, one (1) parking
space in the Fayetteville municipal parking lot at 160 West Mountain Street, between Mountain,
Church, and Center Streets. A copy of the lease agreement is attached hereto marked Exhibit "A"
and made a part hereof.
PASSED AND APPROVED this 19th day of September , 2000.
leHeather Woodruff, City Cl
Fred Hanna, Mayor