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Home My WebLink About90-01 RESOLUTION• • • RESOLUTION NO 9n-ni AN RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH MR. & MRS. TED BELDEN, UNIT D, CAMPBELL -BELL BUILDING, ONE (1) PARKING SPACE IN FAYETTEVILLE MUNICIPAL PARKING LOT 1, LOCATED AT 160 WEST MOUNTAIN STREET, BOUNDED BY 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 the City Clerk to execute a Lease Agreement with Mr. & Mrs. Ted Belden, Unit D, Campbell -Bell Building, one (1) parking space in Fayetteville Municipal Parking Lot 1, located at 160 West Mountain Street, bounded by Mountain, Church And Center Streets. A copy of the Lease Agreement, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED AND APPROVED this /7 day of June, 2001. By. fi//4f Woodruff, City Cle APPROVED: By • • • • LEASE t;HIIT $ A This Agreement, made and entered into this /9 day of June 2001, 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, Unit D, Campbell -Bell Building, 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 space, known as "Space 32," as set forth on Exhibit "A" attached hereto, located in the Fayetteville Municipal Parking Lot 1, 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 term shall commence on , 2001, and shall extend for a term of one (1) year, ending at midnight on NO , 2002. The Lessee shall have the option to renew this lease for four (4) additional one (1) year terms. The option may be exercised by providing written notice to Lessor at least 30 days prior to expiration of this lease. 17. Rent. Lessee agrees to pay to Lessor as rental for the first year of this lease the sum of $50.00 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 fifteenth 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 five (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. Ted 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. er Le AF • 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 17. 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 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 government 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 /j day of June, 2001. ATTEST: By: LESSOR: City of Fayett ville, Arkansas By: Dan '1112 at ody, Mayor eather oodruff, City Clerk LESSEE: -it fi,un C. E.SLIE gftoe)-1 By: Title: IikNEt-- ATTEST: By: r4G1Z ! _.€641-e Title: "/` Lk.47 &Z jta4u 9 J r• Jt ao i= hN J J6 t J r-' T m; m` m `A rN (D 6 r • NAME OF FILE: Resolution No. 90-01 • CROSS REFERENCE: 06/19/01 Resolution No. 90-01 06/19/01 Exhibit "A" (Lease Agreement with M/M Ted Belden, Unit D, Campbell -Bell Building) 06/29/01 Staff Review Form 06/21/01 Departmental Correspondence to Sharon Crosson, Utility Services, from Heather Woodruff, City Clerk NOTES: • • RESOLUTION NO. AN RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH MR. & MRS. TED BELDEN, UNIT D, CAMPBELL -BELL BUILDING, ONE (1) PARKING SPACE IN FAYETTEVILLE MUNICIPAL PARKING LOT 1, LOCATED AT 160 WEST MOUNTAIN STREET, BOUNDED BY 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 the City Clerk to execute a Lease Agreement with Mr. & Mrs. Ted Belden, Unit D, Campbell -Bell Building, one (1) parking space in Fayetteville Municipal Parking Lot 1, located at 160 West Mountain Street, bounded by Mountain, Church And Center Streets. A copy of the Lease Agreement, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED AND APPROVED this day of June, 2001. APPROVED: By: DAN COODY, Mayor ATTEST. By: Heather Woodruff, City Clerk • • LEASE •XH ABT 1 A This Agreement, made and entered into this day of June 2001, 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, Unit D, Campbell -Bell Building, 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 space, known as "Space 32," as set forth on Exhibit "A" attached hereto, located in the Fayetteville Municipal Parking Lot 1, 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 term shall commence on , 2001, and shall extend for a term of one (1) year, ending at midnight on , 2002. The Lessee shall have the option to renew this lease for four (4) additional one (1) year terms. The option may be exercised by providing written notice to Lessor at least 30 days prior to expiration of this lease. 17. Rent. Lessee agrees to pay to Lessor as rental for the first year of this lease the sum of $50.00 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 fifteenth 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 five (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. Ted 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 17. 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 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 government 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 a day of June, 2001. ATTEST: By LESSOR: ,, City of Fayetteville, Arkansas eloodruff, City Clerk LESSEE: By: Title: ATTEST: By: Title: • Exk\bi+ 10 CM fl r 3, • 6--C .P 6 96 t 3J Jt r JCP WO i= h N -.10 6%0 J J T t J4 JV S J D Wg t m6 HN Sl m J 6 L gC ` a Nu, Cr /�f • /i(/iiWW C'ty A(Jtorney WIAN o• lA 0► • • STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of June 19, 2001 RECEIVE® MAY 29 2001 ACCTG• DEPT. FROM: Sharon Crosson Parking Management Utilities Service Dept. Name Division Department ACTION REQUIRED: Approval of resolution authorizing the Mayor and City Clerk to execute a lease agreement with Mr. and Mrs. Ted Belden one (1) parking space in the Fayetteville Municipal Parking Lot 1. COST TO CITY: $ .00 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 Budaet Manaaer Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 4u,�/� Qc 1 i L� A countin Manager J Dat Internal ditor g g Pu chasing Officer ate "5494o( Date ADA Coordinator Date STAFF RECOMMENDATION: Approval of lease agreement to authorize a lease agreement to Mr. and Mrs. Belden to lease dditional parking space (they are currently leasing one space in Lot 1). 1 5-22-o/ Date Cross Reference Division Hee De s r ent Dir -c or e^ trative Serys a IO 13;31D191 te rectorJJJJJJ Dat ayor C:\DATA\BLANEFOR\AGENDA.BLK Date New Item. Yes No Prev Ord/Res #: Orig Contract Date: Orig Contract Number: s F Page 2 SMTP RBWIEN FORM Description Lease agreement with Mr. and Mrs. Belden• Meeting Date June 19, 2001 one (1) parking space in municipal Lot 1 Conents: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Conents: FAYETTEVIPL,E THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sharon Crosson, Utility Services From: Heather Woodruff, City Clerk Date: June 21, 2001 Attached is a copy of the resolution approving the lease agreement with Mr. And Mrs. Belden for a parking space. I am retuming the only original to you. Please return it to the City Clerk's office after the appropriate signatures have been obtained.. The original will then be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit c