HomeMy WebLinkAbout93-00 RESOLUTION•
RESOLUTION NO. 93-00
MICROFILMED
A RESOLUTION APPROVING A LEASE AGREEMENT WITH
J.D.G. TELEVISION, INC. TO LEASE AN AREA THAT
CONTAINS 13 PARKING SPACES IN THE FAYETTEVILLE
MUNICIPAL PARKING LOT LOCATED WEST OF THE OLD
CAMPBELL BELL BUILDING BETWEEN MOUNTAIN,
CHURCH AND CENTER STREETS AND ALLOWING THE
CONSTRUCTION OF A COVERED PARKING CANOPY FOR 13
EMPLOYEE PARKING SPACES AND BE DESIGNED TO
INCORPORATE AND SCREEN THREE PROPOSED SATELLITE
"RECEIVE -ONLY' DISHES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves a lease agreement with J.D.G.
Television, Inc. to lease an area that contains 13 parking spaces in the Fayetteville Municipal Parking
Lot located west of the old Campbell Bell Building between Mountain, Church and Center Streets
and allowing the construction of a covered parking canopy for 13 employee parking spaces and be
designed to incorporate and screen three proposed satellite "receive -only' dishes; 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 5th day of July , 2000.
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Heather Woodruff, City Clerk
NAME OF FILE:
CROSS REFERENCE:
Date
Contents of File Initials
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EXHIBIT A
This Agreement, made and entered into this 45- day of 2000, by and
between the City of Fayetteville, Arkansas, a Municipal Corpor on, 3 W. Mountain,
Fayetteville, Arkansas, hereinafter called "Lessor", and J.D.G. Television, Inc., 1 I 1 South
Cherokee, Muskogee, OK 74403, ATTN: John W. Griffin, 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:
Thirteen (13) 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 July 15, 2000, and shall extend fora term of 5
years, ending at midnight on July 14, 2005.
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
and placement of three proposed satellite `receive -only' dishes. Such use shall include
construction of a covered parking canopy designed to incorporate and screen the three proposed
satellite `receive -only' dishes.
5. Lessor Improvements. Lessee may construct a covered parking canopy for the 13
employee parking spaces and may be designed to incorporate and screen three proposed satellite
`receive -only' dishes. 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
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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 5 year term in Paragraph 2. , Lessor shall compensate Lessee on a prorated basis of the
actual cost to make such 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.
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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 Cday of 9ir , 2000.
ATTEST:
By:
Heat -r Woodruff, City Clerk
LESSOR
City of Fayetteville, Arkansas
By:
Fred Hanna, Mayor
ATTEST:
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FOUNPATION NOTES:
1. ALL CONCRETE SHALL HAVE A MIN. 28 -DAY
COMFRESSIVE STRENGTH OF 3,000 PSI.
2. ALL REINFORCING STEEL SHALL BE ASTM A615,
GRADE 60.
3. BOTTOMS OF PIERS SHAU. BE NO LESS THAN 15'
DEEP BELOW FINISHED GRADE.
TS 2.5 x 2.5 x 3/16'
HORIZONTAL STRUTS
(TYPICAL)
SEE DETAIL 'A/S1'
SEE DETAIL 'D/SI'
(SIMILAR)
CONFLICTS SHALL BE BROUGHT TO THE IMMEDIATE
ATTENTION OF THTNEER,
5, FOUNDATION ANCHORS SHAU. HAVE 36" MIN.
EMBEDMENT INTO PIERS.
6. AU. STEEL SHALL BE PRIMED AND PAINTED TO
PROTECT AGAINST CORROSION. PNNT COLOR BY OWNER.
7. FABRIC CANOPY SKIN AND ATTACHMENT TO CANOPY
STRUCTURE TO BE BY OTHERS, BUT MUST MEET SBCCI
AND NFPA REQUIREMENTS.
8. WELDS TO BE GROUND AS REQ'D TO ACCEPT FINISH.
MEMBERS AT TRUSS
CONFIG. BEYOND
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BEAM (lYP)
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TS 14
COLU6
TS 2.5
SEE DETAIL 'B/S1'
TS 14 x 14 x 5/16'
COL (TYP)
1
SEE DETAIL 'C/S1'
SECTION VIEW
acre vr . r -o•
U-- SEE "TYP. FOUNDATION
DETAIL" THIS SHEET
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X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
• STAFF REVIEW FORM •
For the Fayetteville City Council meeting of July 5, 2000
FROM:
John Maguire
Name
Admin. Services Administration
Division Department REIN'
Pok;
ACTION REQUIRED: To approve a lease agreement with J.D.G. Television, Inc. to lease
an area that contains 13 parking spaces in the Fayetteville Municipal Parking Lot
located west of the Campbell Bell Building between Mountain, Church, and Center
Streets. This lease agreement will allow J.D.G. Television, Inc. to construct a
covered parking canopy for 13 employee parking spaces and be designed to incorporate
and screen three proposed satellite `receive -only' dishes.
COST TO CITY:
$ —0—
Cost of this Request
Account Number
Project Number
Category/Project Budget Category/Project Name
Funds Used To Date Program Name
Remaining Balance Fund
BUDGET REVIEW:
Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager
City Attorney
Date Internal Auditor Date
Date ADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval of the requested lease agreement.
Division Head
Date
Mayor
Date
Cross Reference
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number: __
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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To: John Maguire, Administrative Services Director
From: Heather Woodruff, City Clerk
Date: July 12, 2000
Attached is a copy of Resolution 93-00 approving a lease agreement with J. D. G. Television,
Inc. to lease an area that contains 13 parking spaces in the Fayetteville Municipal Parking Lot
located West of the Old Campbell Bell Building between Mountain, Church and Center Streets.
The originals will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
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RESOLUTION NO, 93-00
A RESOLUTION APPROVING A LEASE AGREEMENT WITH
J D G TELEVISION, INC. TO LEASE AN AREA THAT
CONTAINS 13 PARKING SPACES IN THE FAYETTEVILLE
MUNICIPAL PARKING LOT LOCATED WEST OF THE OLD
CAMPBELL BELL BUILDING BETWEEN MOUNTAIN,
CHURCH AND CENTER STREETS AND ALLOWING THE
CONSTRUCTION OF A COVERED PARKING CANOPY FOR 13
EMPLOYEE PARKING SPACES AND BE DESIGNED TO
INCORPORATE AND SCREEN THREE PROPOSED SATELLITE
"RECEIVE -ONLY' DISHES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves a lease agreement with J.D.G.
Television, Inc. to lease an area that contains 13 parking spaces in the Fayetteville Municipal Parking
Lot located west of the old Campbell Bell Building between Mountain, Church and Center Streets
and allowing the construction of a covered parking canopy for 13 employee parking spaces and be
designed to Incorporate and screen three proposed satellite "receive -only' dishes; 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 5th day of July , 2000.
APPROVE44
.
FF'i,,�/�i/J
By:
Heather Woodruff, City Clerk
ed Hanna, Mayor