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HomeMy WebLinkAbout140-05 RESOLUTION• • RESOLUTION NO. 140-05 A RESOLUTION APPROVING LEASE AGREEMENTS FOR TWENTY-SIX (26) PARKING SPACES LOCATED IN FAYETTEVILLE MUNICIPAL PARKING LOT 1 LOCATED AT 160 WEST MOUNTAIN STREET FOR ONE (1) YEAR WITH FOUR (4) ADDITIONAL ONE-YEAR RENEWAL TERMS. 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 approves Lease Agreements for twenty-six (26) parking spaces located in Fayetteville Municipal Parking Lot 1 located at 160 West Mountain Street for one (1) year with four (4) additional one-year renewal terms. Copies of the Lease Agreements marked Exhibit "A" are attached hereto, and made a part hereof. PASSED and APPROVED this 19th day of July 2005. ATTEST By: SONDRA SMITH, City Clerk 1 Os • • LEASE 1 This Agreement, made and entered into this icoh day of `1.tAIY 2005, by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain, Fayetteville, Arkansas, and Nexstar Broadcasting, 15 South Block Ave. Suite 101, Fayetteville, AR 72701, Witnesseth: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by Nexstar Broadcasting as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto Nexstar Broadcasting, 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 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 Nexstar Broadcasting for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term. This term shall commence on August 1, 2005, and shall extend for a term of one (1) year, ending at midnight on July 31, 2006. Nexstar Broadcasting shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. Nexstar Broadcasting 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. Nexstar Broadcasting 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. It is understood that the City of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. 1 • • 5. Improvements. Nexstar Broadcasting 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 Nexstar Broadcasting's expense. 6. Assignment. Nexstar Broadcasting 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 3. above. Any such assignment or subletting shall in no way relieve Nexstar Broadcasting from liability for the obligation imposed by this lease. Nexstar Broadcasting may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. Nexstar Broadcasting hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, Nexstar Broadcasting will peaceably deliver possession of the leased premises to City of Fayetteville. In the event Nexstar Broadcasting 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 Nexstar Broadcasting'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, Nexstar Broadcasting 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 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 Nexstar Broadcasting for all costs associated to relocation of said equipment 9. Compliance with Laws. Nexstar Broadcasting 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 Nexstar Broadcasting under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent City of Fayetteville from invoking 2 • • such remedies in the event of any future breach or default. 11. Insurance. Nexstar Broadcasting 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 the date first written above. ,l,ll11l OIIry„I ,t`Ct cO/TRe9S',c =• .•0c;31:29 U• :FAYETTEVILLE: E By: di t ;• :s. 3 D COODY, Mayo Oltr.:R�kAtJS St. ; ATTEST• -., -,�croN , CITY OF YETT VILLE- By: SONDRA SMITH, City Clerk isTO NEXSTAR BROADCASTING 3 CHURCH STREET • EXHIBIT A - LOT 1 • CENTER STREET 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Handicap 44 68 45 69 46 70 47 71 48 72 49 73 50 74 51 75 52 76 53 77 54 78 55 79 56 80 57 81 58 82 59 83 60 8461 85 62 86 63 87 64 88 65 89 66 21 1 22 2 23 3 24 4 25 5 26 6 32 33 Transformer 8 compactor h ..i it tp:Clfif Handica Handica Handica hy hy MOUNTAIN STREET N S • • LEASE This Agreement, made and entered into this 1 a day of JA I V 2005, by and between the City of Fayetteville, Arkansas, a Mun c'pal Corporation, 113 W. Mountain, Fayetteville, Arkansas, and Fulton Enterprises, Inc., Inc. d/b/a Town and Country Shop, 9 South Block St, Fayetteville, AR 72701, Witnesseth: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by Fulton Enterprises, Inc as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto Fulton Enterprises, Inc., subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: Four (4) parking spaces, 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 Fulton Enterprises, Inc. for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term. This term shall commence on August 1, 2005, and shall extend for a term of one (1) year, ending at midnight on July 31, 2006. Fulton Enterprises, Inc. shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. Fulton Enterprises, Inc. 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. Fulton Enterprises, Inc. agrees to use the lease premises only for the purpose of vehicle parking for use of Town and Country customers. However, it is understood that the City of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. 5. Improvements. Fulton Enterprises, Inc. may make the following improvements: Install private parking notices on meter poles. Design for all improvements shall be 1 • • approved by the City of Fayetteville. Any such improvement shall be solely at Fulton Enterprises, Inc.'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. Fulton Enterprises, Inc. 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 3. above. Any such assignment or subletting shall in no way relieve Fulton Enterprises, Inc. from liability for the obligation imposed by this lease. Fulton Enterprises, Inc. may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. Fulton Enterprises, Inc. hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, Fulton Enterprises, Inc. will peaceably deliver possession of the leased premises to City of Fayetteville. In the event Fulton Enterprises, Inc. 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 Fulton Enterprises, Inc.'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, Fulton Enterprises, Inc. 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 Fulton Enterprises, Inc. on a prorated basis of the actual cost to make improvements to the premises. 9. Compliance with Laws. Fulton Enterprises, Inc. 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 Fulton Enterprises, Inc. under the lease shall not be construed as a waiver of 2 • • such provisions and conditions and shall not prevent City of Fayetteville from invoking such remedies in the event of any future breach or default. 11. Insurance. Fulton Enterprises, Inc. 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 the date first written above. /.:G\i Y oc koPetS • _cis '/3= By :FAYETTEVILLE: ,tee;',/,v6-15 ' iiiiiii SP0J iii • By: -a-' t SONDRA SMITH, City Clerk ATTEST; CITY OF LE: DAN COODY, Mayor , �� et c �t ?c Etty 2 ti FUL ON ENTERPRISES, INC. 3 CHURCH STREET • • EXHIBIT A - LOT 1 CENTER STREET 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Handicap 44 68 45 69 46 70 47 71 48 72 49 73 50 74 51 75 52 76 53 77 54 78 55 79 56 80 57 81 58 82 59 83 60 84 61 85 62 86 63 87 64 88 65 89 66 21 1 22 2 23 3 24 4 25 5 26 6 32 Transformer 33 & compactor Handica Handica Handica hy hy MOUNTAIN STREET N S ' • • • LEASE This Agreement, made and entered into this r day of 2005, by and between the City of Fayetteville, Arkansas, a Municipal Corporatio , 113 W. Mountain, Fayetteville, Arkansas, and David and Cathy, Inc., 21 South Block St., Fayetteville, AR 72701, Witnesseth: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by David and Cathy, Inc as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto David and Cathy, Inc., 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 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 David and Cathy, Inc. for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term. This term shall commence on August 1, 2005, and shall extend for a term of one (1) year, ending at midnight on July 31, 2006. David and Cathy, Inc. shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. David and Cathy, Inc. 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. David and Cathy, Inc. 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 of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. 5. Improvements. David and Cathy, Inc. may make the following improvements: Install private parking notices on meter poles. Design for all improvements shall be 1 • • approved by the City of Fayetteville. Any such improvement shall be solely at David and Cathy, Inc.'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. David and Cathy, Inc. 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 3. above. Any such assignment or subletting shall in no way relieve David and Cathy, Inc. from liability for the obligation imposed by this lease. David and Cathy, Inc. may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. David and Cathy, Inc. hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, David and Cathy, Inc. will peaceably deliver possession of the leased premises to City of Fayetteville. In the event David and Cathy, Inc. 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 David and Cathy, Inc.'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, David and Cathy, Inc. 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 David and Cathy, Inc. on a prorated basis of the actual cost to make improvements to the premises. 9. Compliance with Laws. David and Cathy, Inc. 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 David and Cathy, Inc. under the lease shall not be construed as a waiver of 2 • • such provisions and conditions and shall not prevent City of Fayetteville from invoking such remedies in the event of any future breach or default. 11. Insurance. David and Cathy, Inc. 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 the date first written above. `0RK/TR11111 c4",,� _U• •%3: :FAYETITVILLEtt• %Its:q S \)+ =9s KAN P , .,z . o Nero f Mink �..° DRA SMITH, City Clerk ATTEST: CITY OF GYETT ILLE: By: DAN COODY, Mayor DAVID AND CATHY, INC. 3 CHURCH STREET • • EXHIBIT A - LOT 1 CENTER STREET 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Handicap 44 68 45 69 46 70 47 71 48 72 49 73 50 74 51 75 52 76 53 77 54 78 55 79 56 80 57 81 58 82 59 83 60 8461 85 62 86 63 87 64 88 65 89 66 21 1 N 22 23 24 25 26 2 3 4 5 6 Lk -i i ii 7bi Ic 7lxr X!ICC)P 4::41 tti[t90 Y ; k ItAf • r ut•>rtrt% gg I r•z•x : 32 33 Transformer & compactor Handicap Handicap Handicap hy+k by MOUNTAIN STREET S • • • LEASE This Agreement, made and entered into this tI day of 2005, by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain, Fayetteville, Arkansas, and Gail and Jerry Moore, 15 South Block St., Suite 201, Fayetteville, AR 72701, Witnesseth: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by Gail and Jerry Moore as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto Gail and Jerry Moore, 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 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 Gail and Jerry Moore for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term. This term shall commence on August 1, 2005, and shall extend for a term of one (1) year, ending at midnight on July 31, 2006. Gail and Jerry Moore shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. Gail and Jerry Moore agree 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. Gail and Jerry Moore agree to use the lease premises only for the purpose of vehicle parking for use of Gail and Jerry Moore. However, it is understood that the City of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. 5. Improvements. Gail and Jerry Moore may make the following improvements: Install private parking notices on meter poles. Design for all improvements shall be 1 • • approved by the City of Fayetteville. Any such improvement shall be solely at Gail and Jerry Moore'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. Gail and Jerry Moore 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 3. above. Any such assignment or subletting shall in no way relieve Gail and Jerry Moore from liability for the obligation imposed by this lease. Gail and Jerry Moore may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. Gail and Jerry Moore hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, Gail and Jerry Moore will peaceably deliver possession of the leased premises to City of Fayetteville. In the event Gail and Jerry Moore 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 Gail and Jerry Moore'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, Gail and Jerry Moore agree that they 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 Gail and Jerry Moore on a prorated basis of the actual cost to make improvements to the premises. 9. Compliance with Laws. Gail and Jerry Moore agree 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 Gail and Jerry Moore under the lease shall not be construed as a waiver of 2 • r • such provisions and conditions and shall not prevent City of Fayetteville from invoking such remedies in the event of any future breach or default. 11. Insurance. Gail and Jerry Moore 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 the date first written above. .� :tIVTR tee, E Reetee, CITY OF YETTE LLE: ��-5.•C,\SY oc •G,p •• By :FAYETTEVILLE• ATTEST: By: SO y.clec. AN`;J Pdt;Algg: ` •uuuni ric�a�_ DRA SMITH, City Clerk D N COODY, Mayor G AND JERRY OORE 3 CHURCH STREET • • EXHIBIT A - LOT 1 CENTER STREET 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Handicap 44 68 45 69 46 70 47 71 48 72 49 73 50 74 51 75 52 76 53 77 54 78 55 79 56 80 57 81 58 82 59 83 60 84 61 85 62 86 63 87 64 88 65 89 66 21 1 22 2 23 3 24 4 25 5 26 6 32 Transformer 33 8 compactor Handica Handicap Handicap hy hy MOUNTAIN STREET N S • 1. LEASE • This Agreement, made and entered into this 1 ` 'U\ day of 2005, by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain, Fayetteville, Arkansas, and Mr. and Mrs. Ted Belden, 15 South Block Ave., Suite 201D, Fayetteville, AR 72701, Witnesseth: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by Mr. and Mrs. Ted Belden as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto Mr. and Mrs. Ted Belden, 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 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 Mr. and Mrs. Ted Belden for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term. This term shall commence on August 1, 2005, and shall extend for a term of one (1) year, ending at midnight on July 31, 2006. Mr. and Mrs. Ted Belden shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. Mr. and Mrs. Ted Belden agree to pay to City of Fayetteville as rental for the first year of this lease the sum of 550.00 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. Mr. and Mrs. Ted Belden agree 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 of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. 5. Improvements. Mr. and Mrs. Ted Belden may make the following improvements: Install private parking notices on meter poles. Design for all improvements 1 • • shall be approved by the City of Fayetteville. Any such improvement shall be solely at Mr. and Mrs. Ted Belden'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. Mr. and Mrs. Ted Belden 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 3. above. Any such assignment or subletting shall in no way relieve Mr. and Mrs. Ted Belden from liability for the obligation imposed by this lease. Mr. and Mrs. Ted Belden may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. Mr. and Mrs. Ted Belden hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, Mr. and Mrs. Ted Belden will peaceably deliver possession of the leased premises to City of Fayetteville. In the event Mr. and Mrs. Ted Belden 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 Mr. and Mrs. Ted Belden'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, Mr. and Mrs. Ted Belden agree 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 Mr. and Mrs. Ted Belden on a prorated basis of the actual cost to make improvements to the premises 9. Compliance with Laws. Mr. and Mrs. Ted Belden agree 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 Mr. and Mrs. Ted Belden under the lease shall not be construed as a waiver 2 • • of such provisions and conditions and shall not prevent City of Fayetteville from invoking such remedies in the event of any future breach or default. 11. Insurance. Mr. and Mrs. Ted Belden 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 the date first written above. ATTEST: G� G' S•.•�\TY OF •. p'. 5".S. c t- • '?3: ;FAYETTEVILLE• 9S•gRKANS:c :e �''•,�NGTON G° iiiiii 1111 By: CCst�+G�-ate SONDRA SMITH, City Clerk CITY 0 YETT VILLE• By DAN COODY, May 3 . AND MRS. TED BELDEN EXHIBIT A - LOT 1 CENTER STREET 90 Handicap 44 21 1 N 91 68 45 22 2 92 69 46 23 3 93 70 47 24 4 W E 94 71 48 255 95 72 49 266 S 96 73 50 * trirkiiir 97 74 51 98 75 52 99 76 53 100 77 54 W w 101 78 55 32 Transformer 102 79 56 33 U) & compactor x 103 80 57 u 104 81 58 105 82 59 106 83 60 107 84 61 108 85 62 109 86 63 110 87 64 Handicap 111 88 65 Handica hy 112 8966 Handicap hy MOUNTAIN STREET LEASE This Agreement, made and entered into this l l`rY1 day of— 2005, by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain, Fayetteville, Arkansas, and North College Development Co., LLC, 11 North West Ave., Fayetteville, AR 72701, Witnesseth: Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by North College Development Co., LLC as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto North College Development Co., LLC, subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: Three (3) parking spaces, 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 North College Development Co., LLC for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term. This term shall commence on August 1, 2005, and shall extend for a term of one (1) year, ending at midnight on July 31, 2006. North College Development Co., LLC shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. North College Development Co., LLC 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. North College Development Co., LLC agrees to use the lease premises only for the purpose of vehicle parking for use of North College Development Co., LLC. However, it is understood that the City of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. 5. Improvements. North College Development Co., LLC 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 North College Development Co., LLC'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. North College Development Co., LLC 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 3. above. Any such assignment or subletting shall in no way relieve North College Development Co., LLC from liability for the obligation imposed by this lease. North College Development Co., LLC may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. North College Development Co., LLC hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, North College Development Co., LLC will peaceably deliver possession of the leased premises to City of Fayetteville. In the event North College Development Co., LLC 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 North College Development Co., LLC'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, North College Development Co., LLC 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 North College Development Co., LLC on a prorated basis of the actual cost to make improvements to the premises. 9. Compliance with Laws. North College Development Co., LLC 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 2 or defaults by North College Development Co., LLC under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent City of Fayetteville from invoking such remedies in the event of any future breach or default. 11. Insurance. North College Development Co., LLC 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 the date first written above. ^G� G�jy'pFSG CITY OFFA EVI E: rte• .F_ :FAYETTEVILLE: ? By: E t; ' = DAN COODY, Mayor ATTEST: By: S NDRA SMITH, City Clerk EXHIBIT A - LOT 1 CENTER STREET F w w U) N S U U U 102 103 104 105 108 109 110 111 112 Handicap 44 6845 69 46 70 47 71 48 72 49 73 50 7451 75 52 76 53 77 54 78 55 79 56 80 57 81 58 82 59 8360 8461 8562 86 63 87 64 8865 8966 MOUNTAIN STREET N W E S r LEASE n This Agreement, made and entered into this l Q day of oL1kIV _ 2005, by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain, Fayetteville, Arkansas, and Alyce A. Beard as, Administratrix of the Estate of Lamar Thomas Anderson, and Charlotte Bornhouser as Joint Tenants in Common, located at 15 South Block St., 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 Alyce A. Beard and Charlotte Bornhouser as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto Alyce A. Beard and Charlotte Bornhouser, subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: One (1) parking space, 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 Alyce A. Beard and Charlotte Bornhouser for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term.:This term shall commence on August 1, 2005, and shall extend for a term of one (1) year,: ending at midnight on July 31, 2006. Alyce A. Beard and Charlotte Bornhouser shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. Alyce A. Beard and Charlotte Bornhouser agree 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. Alyce A. Beard and Charlotte Bornhouser agree to use the lease premises only for the purpose of vehicle parking for use of Alyce A. Beard and Charlotte Bornhouser. However, it is understood that the City of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. I 5. Improvements. Alyce A. Beard and Charlotte Bornhouser 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 Alyce A. Beard and Charlotte Bornhouser'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. Alyce A. Beard and Charlotte Bornhouser 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 3. above. Any such assignment or subletting shall in no way relieve Alyce A. Beard and Charlotte Bornhouser from liability for the obligation imposed by this lease. Alyce A. Beard and Charlotte Bornhouser may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. Alyce A. Beard and Charlotte Bornhouser hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, Alyce A. Beard and Charlotte Bornhouser will peaceably deliver possession of the leased premises to City of Fayetteville. In the event Alyce A. Beard and Charlotte Bornhouser 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 Alyce A. Beard and Charlotte Bornhouser'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, Alyce A. Beard and Charlotte Bornhouser agree to 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 Alyce A. Beard and Charlotte Bornhouser on a prorated basis of the actual cost to make improvements to the premises. 9. Compliance with Laws. Alyce A. Beard and Charlotte Bornhouser agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction of the leased premises. 2 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 Alyce A. Beard and Charlotte Bornhouser under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent City of Fayetteville from invoking such remedies in the event of any future breach or default. 11. Insurance. Alyce A. Beard and Charlotte Bornhouser 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 the date` Vii' tc(iaktn above. . •G\S Y Op.4,% CI FAYETTEVILLE: 5' By ATTEST:. ?/N 't By: Ill SMITH, City Clerk EXHIBIT A- LOT 1 t F- w w F- u> 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Handicap 44 6845 6946 70 47 71 48 72 49 73 50 74 51 75 52 76 53 77 54 78 55 79 56 80 57 81 58 82 59 83 60 84 61 85 62 86 63 8764 8865 8966 MOUNTAIN STREET N WE S S Parking Spacc I case Agreements — Lot I July 19.2005 Council Meeting Page I of 2 AGENDA REQUEST MEMO TO: Mayor Dan Coody THRU: Gary Dumas, Director of Operations FROM: Sharon Jenkins, Parking Manager DATE: June 28, 2005 SUBJECT: Approval of Parking Lease Agreements in Parking Lot I RECOMMENDATION Staff recommends approving a Parking Lease Agreements on 26 parking spaces in Lot 1. These spaces are 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. The term of each lease will run for one (1) year with the option to renew the lease for four (4) additional one-year terms. BACKGROUND During 2000, the City entered into lease agreements on 25 parking spaces in Parking Lot 1. J.D.G. Television d/b/a KNWA leased 13 spaces; Fulton Enterprises d/b/a Town and Country Shop leased 4 spaces for retail customers; David & Cathy, Inc. leased 2 spaces for retail customers; the remaining 6 spaces are leased to the residents living in the Campbell Bell Building: Gail and Jerry Moore (2), Mr. and Mrs. Ted Belden (2), and David Banks (2). Last year, we leased another space to Lamar Anderson. Each of the 26 spaces lease for $50.00 per month which totals $15,600.00 in annual revenues. The new leases will be arranged as follows: ♦ Nexstar Broadcasting — 13 spaces (Space #11, 12, 13, 14, 15, 16, 34, 35, 36, 37, 38, 39, 40) • Fulton Enterprises, Inc. —4 spaces (Space #8, 9, 28, 29) • David & Cathy, Inc. —2 spaces (Space # 19, 20) ♦ Gail and Jerry Moore —2 spaces (Space #10, 30) ♦ Mr. and Mrs. Ted Belden —2 spaces (Space #7, 27) ♦ North College Development Co., LLC —2 spaces (Space #17, 18) ♦ Alyce A. Beard and Charlotte Bomhouser - I space (Space #31) DISCUSSION All of these lease agreements will expire this year; individual expiration dates range from July 14, 2005 to September 30, 2005. We chose to bring them all forward to be renewed at the same time to ensure equality and consistency. BUDGET IMPACT The total revenue generated from all 26 spaces is $15,600.00 per year. RESOLUTION NO. A RESOLUTION APPROVING LEASE AGREEMENTS FOR TWENTY-SIX (26) PARKING SPACES LOCATED IN FAYETTEVILLE MUNICIPAL PARKING LOT 1 LOCATED AT 160 WEST MOUNTAIN STREET FOR ONE (1) YEAR WITH FOUR (4) ADDITIONAL ONE-YEAR RENEWAL TERMS. 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 approves Lease Agreements for twenty-six (26) parking spaces located in Fayetteville Municipal Parking Lot 1 located at 160 West Mountain Street for one (1) year with four (4) additional one-year renewal terms. Copies of the Lease Agreements marked Exhibit "A" are attached hereto, and made a part hereof. PASSED and APPROVED this 19th day of July 2005. ATTEST: By: SONDRA M By: (1 Sharon Jenkins Submitted By resolution ($15,600.00) Cost of this request 2130-0913-4423-06 Account Number Project Number Budgeted Item �X • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7/19/2005 City Council Meeting Date Parking Management Division Action Category/Project Budget (2005) Funds Used to Date Remaining Balance Budget Adjustment Attached Department irector Date CT::) D4'tJLLjLL City Attorney 7-L-aO5 Finance an Internal Service Director Date Mayor 6 Date Operations Department Parking Revenue - Rent Lot 1 Program Category / Project Name Parking Management Program I Project Category Name Off -Street Parking Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office � / 0 Received in Mayor's Office () Clarice Pearman - From: Clarice Pearman To: Jenkins, Sharon Subject: Res, 140-05 Sharon, Sorry for the delay. The mayor was out of town and I finally got these signed on Monday. Attached is a copy of the resolution passed by City Council July 19. 2005. Also attached is a copy of the leases for the resolution. I am returning to you the extra original for Beard & Bomhouser via interoffice mail. Thanks. Clarice CC: Deaton, Vicki CONSENT TO ASSIGNMENT OF LEASE On the 19`h day of July, 2005, the City of Fayetteville, Arkansas, a Municipal Corporation, entered into a one (1) year Lease with Alyce A. Beard as, Administratrix of the Estate of Lamar Thomas Anderson and Charlotte Bomhouser as Joint Tenants in Common. Said lease covered One (1) parking space 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. Alyce A. Beard and Charlotte Bornhouser have entered into a Real Estate Contract to sell Unit "A" of the Campbell Bell Building Horizontal Property Regime in Fayetteville, Arkansas to McBride Properties, LLLP. Further, it is the desire of Alyce A. Beard and Charlotte Bornhouser to assign said parking lease to McBride Properties, LLLP, an Arkansas Limited Liability Limited Partnership. The City of Fayetteville, hereby agrees to the assignment of Lease from Alyce A. Beard and Charlotte Bomhouser to McBride Properties, LLLP at the same rates that Alyce A. Beard and Charlotte Bornhouser were paying. City of F y tteville: k •�,\TYoc.& _O By: /j2t / ;FAYETTEVILLE ; Dan Coody,ivfs S _•.o_ 0../C ATTEST: By: Sondra Smith, City Clerk K:\doc\contract\consemofassignmentoflease - cityofrayeueville /fit, /4U -U5 S • BALL & MOURTON, LTD., PLLC E.J. BAIL (1917-2004) A Professional Limited Liability Company KENNETH R. MOURTON Allomcys at Law NEAL R. PENDERGRAFF° Est. 1950 SHANNON L. POORE All Attorneys Licensed in Arkansas Post Office Box 1948 ° Of Counsel E.J. Ball Plaza 112 West Center Street, Suite 700 Fayetteville, Arkansas 72702 Telephone: (479) 442-6213 Facsimile: (479) 442-6233 www.ballandmourton.com September 7, 2005 VIA: HAND DELIVERY Ms. Melissa Elmore Parking Coordinator City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Lease Agreement Dear Ms. Elmore: Enclosed please find a copy of the parking space lease between Alyce Beard and Charlotte Bornhouser as Joint Tenants in Common and the City of Fayetteville. Pursuant to paragraph 6 of the Lease it requires that they obtain from the City of Fayetteville a written consent to the Assignment of said lease. Please be advised that Alyce Beard and Charlotte Bornhouser have entered into a contract to sell Unit "A" of the Campbell Bell Building Horizontal Property Regime in Fayetteville to McBride properties, LLLP. This real estate transaction is scheduled to close on September 15, 2005. Enclosed please find a Consent to Assignment of Lease which I have prepared and respectfully request that you present it to the Mayor for his signature. When the consent has been signed I would appreciate it if you would call Angela at 442-6213, and she will arrange to have it picked up and delivered to the title company. Thank you for your assistance in this matter. K:tdoc\sept4nel more9.7-05 Ms. Melissa Elmore September 7, 2005 Page 2 With highest personal regards. Very truly yours, Kenneth R. Mourton KRM:ac Enclosure K:\doc\sepPnlrnore9-7-O5 LEASE This Agreement, made and entered into this day of U� 2005, by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain, Fayetteville, Arkansas, and Alyce A. Beard as, Administratrix of the Estate of Lamar Thomas Anderson, and Charlotte Bomhouser as Joint Tenants in Common, located at 15 South Block St., 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 Alyce A. Beard and Charlotte Bornhouser as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto Alyce A. Beard and Charlotte Bornhouser, subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: One (1) parking space, 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 Alyce A. Beard and Charlotte Bornhouser for and during the term herein stated, subject to the covenants, terms, conditions and liens herein contained. 2. Term. This term shall commence on August 1, 2005, and shall extend for a term of one (1) year;; ending at midnight on July 31, 2006. Alyce A. Beard and Charlotte Bornhouser shall have the option to renew this lease for 4 additional 1 year terms. The option may be exercised by providing written notice to City of Fayetteville at least 30 days prior to expiration of this lease. 3. Rent. Alyce A. Beard and Charlotte Bornhouser agree 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. Alyce A. Beard and Charlotte Bomhouser agree to use the lease premises only for the purpose of vehicle parking for use of Alyce A. Beard and Charlotte Bornhouser. However, it is understood that the City of Fayetteville will not provide enforcement for restrictive parking spaces identified in this lease. I 5. Improvements. Alyce A. Beard and Charlotte Bornhouser 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 Alyce A. Beard and Charlotte Bornhouser'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. Alyce A. Beard and Charlotte Bornhouser 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 3. above. Any such assignment or subletting shall in no way relieve Alyce A. Beard and Charlotte Bornhouser from liability for the obligation imposed by this lease. Alyce A. Beard and Charlotte Bornhouser may only be released from liability by a specific written release executed by City of Fayetteville. 7. Holdover. Alyce A. Beard and Charlotte Bornhouser hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, Alyce A. Beard and Charlotte Bornhouser will peaceably deliver possession of the leased premises to City of Fayetteville. In the event Alyce A. Beard and Charlotte Bornhouser 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 Alyce A. Beard and Charlotte Bornhouser'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 fallowing 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, Alyce A. Beard and Charlotte Bornhouser agree to 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 Alyce A. Beard and Charlotte Bornhouser on a prorated basis of the actual cost to make improvements to the premises. 9. Compliance with Laws. Alyce A. Beard and Charlotte Bornhouser agree not to violate any lard, 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 Alyce A. Beard and Charlotte Bornhouser under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent City of Fayetteville from invoking such remedies in the event of any future breach or default. 11. Insurance. Alyce A. Beard and Charlotte Bomhouser 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 release 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 the datcIiV*,'ktp_n above. By: ;FAYETTEVILLE: SMITH, City Clerk Cr EXHIBIT A - LOT 1 CENTER STREET 90 Handica 44 21 1 N 91 6845 222 92 6946 23 3 93 7047 244 W E 94 71 48 255 95 7249 266 S 96 73 50 97 7451 98 7552 99 7653 100 77 54 101 78 55 32 Transformer 102 79 56 33 & compactor I 103 80 57 = 104 81 58 U 105 82 59 106 8360 107 8461 108 8562 109 8663 110 8764 Handice 111 8865 Handicap by 112 8966 Handkp by MOUNTAIN STREET