HomeMy WebLinkAbout122-04 RESOLUTIONRESOLUTION NO.t 22-04
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH
MR. LAMAR ANDERSON OF 15 SOUTH BLOCK
AVENUE, SUITE 203, FOR ONE (1) PARKING SPACE IN
FAYETTEVILLE MUNICIPAL PARKING LOT 1, LOCATED
AT 160 WEST MOUNTAIN STREET, AND BOUNDED BY
CHURCH AVENUE, MOUNTAIN STREET, AND CENTER
STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and the City Clerk to execute a Lease Agreement
with Lamar Anderson of 15 South Block Avenue, Suite 203, for one (1) parking
space in Fayetteville Municipal Parking Lot 1, located at 160 West Mountain
Street, and bounded by Church Avenue, Mountain Street, and Center Street. A
copy of the Lease Agreement, marked Exhibit "A" is attached hereto, and made a
part hereof.
PASSED and APPROVED this 17th day of August 2004.
ATTEST:
l
By:(�rn.c`il�
SONDRA SMITH, City Clerk
APPROVED:
By: /I/L/,G1 / azz c
DAN GOODY, Mayor
FAYE-fEVILLE• '_
0 0
LEASE
This Agreement, made and entered into this J-14day of 2004, by and
between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain,
Fayetteville, Arkansas, and Lamar Anderson, 15 South Block Ave. Suite 203, Fayetteville,
AR 72701, Witnesseth:
1. Leased Premises. For and in consideration of the rents, covenants and
agreements herein entered into and agreed upon by Lamar Anderson as obligations to the
City of Fayetteville, the City of Fayetteville lets, leases and demises unto Lamar Anderson,
subject to the terms and conditions contained herein, the following described property
situated in Washington, County, Arkansas:
One (1) parking space, known as "Space 31," 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 Lamar Anderson for and during the
term herein stated, subject to the covenants, terms, conditions and liens herein
contained.
2. Term. This term shall commence on September 1, 2004, and shall extend for a
term of one (1) year, ending at midnight on August 31, 2005.
3. Rent. Lamar Anderson agrees to pay to City of Fayetteville 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 City of Fayetteville within five (5) business days
from the due date.
4. Use. Lamar Anderson agrees to use the lease premises only for the purpose of
vehicle parking for use of Lamar Anderson. However, it is understood that the City of
Fayetteville will not provide enforcement for restrictive parking spaces identified in this
lease.
5. Improvements. Lamar Anderson may make the following improvements: Install
private parking notices on meter poles. Design for all improvements shall be approved by
the City of Fayetteville. Any such improvement shall be solely at Lamar Anderson's
expense. Upon termination or expiration of this lease, such improvements shall be
considered affixed to the premises and shall remain unless City of Fayetteville requires
removal.
6. Assignment. Lamar Anderson shall not assign this lease or sublet the leased
premises without prior written consent of the City of Fayetteville. 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 Lamar
Anderson from liability for the obligation imposed by this lease. Lamar Anderson may
only be released from liability by a specific written release executed by City of Fayetteville.
7. Holdover. Lamar Anderson hereby agrees that upon termination of this lease by
expiration or by earlier termination for any reason whatsoever, Lamar Anderson will
peaceably deliver possession of the leased premises to City of Fayetteville. In the event
Lamar Anderson shall be permitted by City of Fayetteville 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 Lamar Anderson'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 City of Fayetteville to institute any action at law to recover
possession at the time of termination, whenever and however termination may occur,
Lamar Anderson agrees that it will pay all costs and expenses of such action, including
reasonable attorney's fees.
8. Termination. City of Fayetteville 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 City of
Fayetteville terminates the lease prior to expiration of the term in Paragraph 2., City of
Fayetteville shall compensate Lamar Anderson on a prorated basis of the actual cost to
make improvements to the premises.
9. Compliance with Laws. Lamar Anderson 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 City of Fayetteville to invoke any of
the available remedies under this lease or under law in the event of one or more breaches
or defaults by Lamar Anderson under the lease shall not be construed as a waiver of such
2
0
provisions and
conditions and shall not prevent City
of Fayetteville
from invoking such
remedies
in the
event of any future breach or default.
laws of
the
11. Insurance. Lamar Anderson 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 17A day of 2004.
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ATTEST:
sI
cYOn�.G�;a CI
;FAYETTEVILLE'r = By
tom=
SMITH, City Clerk
ANDERSON
i 0
NAME OF FILE: Resolution No. 122-04
wllease agreement
CROSS REFERENCE:
Item # Date Document
1
07/21/04
memo to mayor & City Council
2
draft resolution
3
Staff Review Form
4
memo to Sharon Crosson
5
6
7
8
9
10
11
12
13
14
15
16
17
NOTES:
0 •
NAME OF FILE: Resolution No. 122-04
w/lease agreement
CROSS REFERENCE:
Item # Date Document
1
07/21/04
memo to mayor & City Council
2
draft resolution
3
Staff Review Form
4
memo to Sharon Crosson
5
6
7
8
9
10
11
12
13
14
15
16
17
NOTES:
Hugh Earnest has never returned this agreement to city
2/7/04 clerk
0 •
Parking Space Lease with Lamar Anderson
August 17, 2004 Council Meeting
Page 1 of 7
CONTRACT REVIEW MEMO
TO: Mayor Dan Coody
THRU: Gary Dumas, Director of Operations
FROM: Sharon Crosson, Parking Manager 45 -
DATE: July 21, 2004
SUBJECT: Approval of Parking Lease Agreement with Lamar Anderson
Staff recommends approving a Parking Lease Agreement with Lamar Anderson located
at 15 S. Block Ave. Suite 203. The lease will be for one (1) parking space 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. The tern of the
lease will run for one (1) year.
BACKGROUND
The City currently holds leases on 25 parking spaces in Parking Lot 1. Arkansas NBC
News leases 13 spaces; Town and Country Shop leases 4 spaces for retail customers;
David & Cathy, Inc. lease 2 spaces for retail customers; the remaining 6 spaces are leased
to 3 of the 4 residents living in the Campbell Bell Building: Gail and Jerry Moore (2),
Mr. and Mrs. Ted Belden (2), and David Banks (2). Lamar Anderson has made a formal
request to lease one space and is the only resident of the building that does not have a
leased parking space.
DISCUSSION
The expiration date of the contract has been set to expire in one year when all the other
25 spaces expire. This will enable all of the contracts to be renewed at the same time to
ensure equality and consistency.
BUDGET IMPACT
The parking
meter
currently located in
space 31 of Lot
1 generates $410 annually.
Leasing this
space
would increase this
revenue to
$600
annually.
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0 •
RESOLUTION NO,
AN RESOLUTION AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH
MR. LAMAR ANDERSON OF 15 SOUTH BLOCK AVENUE,
SUITE 203, FOR ONE (1) PARKING SPACE IN FAYETTEVILLE
MUNICIPAL PARKING LOT 1, LOCATED AT 160 WEST
MOUNTAIN STREET, AND BOUNDED BY CHURCH AVENUE,
MOUNTAIN STREET, AND CENTER STREET.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and the City Clerk to execute a Lease Agreement
with Lamar Anderson of 15 South Block Avenue, Suite 203, for one (1) parking
space in Fayetteville Municipal Parking Lot 1, located at 160 West Mountain
Street, and bounded by Church Avenue, Mountain Street, and Center Street a
copy of the Lease Agreement, marked Exhibit "A" is attached hereto;� arnd- de al
part hereof. / 7
STAFF REVIEW FORM - FINANCIAL OBLIGATION•
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: August 17, 2004
FROM:
Sharon Crosson Parking Management Operations
Name Division Department
Approval of Lease Agreement with Lamar Anderson located at 15 S. Block Ave. Suite 203 for
the lease of one (1) parking space for one (1) year.
COST TO CITY:
($600.00) Revenue - Rent Lot 1
Cost of this request Category/Project Budget Program Category / Project Name
2130-0913-4426-01 $ - Parking Management
Account Number Funds Used to Date Program / Project Category Name
$ - Off -Street Parking
Project Number Remaining Balance Fund Name
BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached
7,2-9 A Y
udget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
d 101 -71,50h
ccounting Manager U U Date Internal Aud' r Date
City AttornEly Purchasing Manager Date
ST�j�NDA N: n
Received in Mayor's Office G A
Division Head Date Date .�
Cross Reference:
Departme t Director Date
Previous Ord/Res#:
Finance S Internal Services Dir
Date Orig. Contract Date:
,7 'o Orig. Contract Number:
Date
New Item:
6
Date
Yes No
L m'
FAYETTEVILLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCt
To: Sharon Crosson
Parking Management Division
From: Clarice Buffalohead-Pearman p�Q
City Clerk Division
Date: August 20, 2004
Re: Resolution No. 122-04
The City Council passed a resolution, August 17, 2004, approving a lease agreement with Lamar Anderson
for parking space. I have attached a copy of the resolution with copy of the signed agreement.
The resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything
else is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
"EXHIBIT A"
PARKING LOT 1
CENTER STREET
90 Handicap 44 21 1 N
91 6845 222
92 6946 233
93 7047 244 W E
94 7148 25 5
95 7249 266 S
96 7350 Z7
97 7451 28 8
98 7552 29 9
99 7653 30 10
F 100 7754 31
101 78 55 32 Transformer
U)i 102 7956 33
103 8057 34A,1
V104 81 58 35 o12
105 8259 38 A-3
106 8360 37 d4
107 8461 38 15
108 8562 3911161 I.
109 86 63 -
110
8764 Handicap
111
88165 Handicap
112
89166 Handicap
MOUNTAIN STREET