HomeMy WebLinkAbout128-07 RESOLUTIONRESOLUTION NO. 128-07
A RESOLUTION APPROVING A LEASE WITH THE URBAN
TABLE, LLC FOR THE PATIO WITHIN THE SQUARE GARDENS
FOR USE AS AN OUTDOOR DINING AREA.
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 a Lease with The Urban Table, LLC of the patio within The
Square Gardens for use as an outdoor dining area. A copy of the Lease, marked
Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 17th day of July, 2007.
APPROVED:
By
D • N COODY, Mayor
ATTEST:
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By:
SONDRA E. SMITH, City Clerk/Treasurer
LEASE
This Agreement, made and entered into this /741day of Judy , 2007,
by and between the City of Fayetteville of -Fayetteville, whose address is 113
West Mountain and The Urban Table, LLC whose address is 5405 West Wheeler
Road, Fayetteville, Arkansas, 72704.
WITNESSETH:
1. LEASED PREMISES. For and in consideration of the rents, covenants
and agreements herein entered into and agreed upon by The Urban Table, LLC
as obligations to the City of Fayetteville, the City of Fayetteville leases to The
Urban Table, LLC subject to the terms and conditions contained herein, the
improved seating area adjoining the old Post Office Building within the fence
containing approximately 1,676.16 square feet more or less, situated in
Washington County, Arkansas as shown by the Site Plan of Wittenberg, Delony
& Davidson, Inc. as attached as Exhibit A. To have and to hold said premises
unto said The Urban Table, LLC, for and during the term herein stated, subject to
the covenants, terms, conditions and liens herein contained.
2. TERM. This lease shall commence on 2007 and shall
extend for an initial term of two (2) years. If The Ur n Table, LLC shall have
fully performed every agreement and covenant on The Urban Table, LLC part to
have been kept and performed under the term of this lease at the time of exercise
and at the time of renewal, The Urban Table, LLC is hereby granted the right if
mutually agreeable with the City of Fayetteville and option to extend this lease,
upon the same terms, with a three (3) percent increase in rent for an additional
period of two (2) years, with such option to be exercised in writing by The Urban
Table, LLC not later than one hundred eighty (180) days prior to the expiration of
the basic or original Willi of this lease.
3. RENT. The Urban Table, LLC agrees to pay to City of Fayetteville the
annual rental rate of $2,400.00 payable in monthly installments of $200.00 each, to
be paid in advance beginning on the first day ofifemher, 2007 and on the first
day of each and every month thereafter. No security deposit shall be required.
4. USE. The Urban Table, LLC agrees to use the leased premises for the
purpose of operating an outdoor dining area and for no other purpose or
purposes without the written consent of the City of Fayetteville having been
obtained in advance
5. CONSTRUCTION OF IMPROVEMENTS. Any alteration of the
improvements withm the City of Fayetteville's leased premises must be
approved by the Mayor prior to such alteration.
6. INGRESS AND EGRESS. Except for emergency and handicapped
access, all ingress and egress to and from the leased premises shall be through
the Old Post Office building. Handicapped access is limited to the east area of
the leased premises Permission from the City of Fayetteville must be obtained
for special event access to the patio area from the east entry.
7. MUSIC. The Urban Table, LLC agrees that only live non -amplified
music will be permitted on the leased premises which shall not be loud enough
to disturb persons enjoying the Square Gardens.
8. SIGNS AND ADVERTISING. No sign, picture, advertisement, or
notice shall be displayed on any part of the leased premises visible to the public
without the previous consent, in writing, or the City of Fayetteville.
9. LITTER REMOVAL. The Urban Table, LLC shall provide daily litter
removal from the portion of the Town Square in front of its public entrances.
10. NON -SUCCESSION. This lease agreement shall inure only to the
benefit of and be binding upon the parties hereto and not to their respective
heirs, successors and assigns. This lease is not assignable without the consent of
the City of Fayetteville.
11. TAXES. The Urban Table, LLC shall pay any and all ad valorem taxes
special improvement district taxes levied and assessed against said premises and
the improvements located thereon during the term of this lease.
12. COMPLIANCE WITH LAWS. The Urban Table, LLC agrees not to
violate any law, ordinance, rule or regulation of any government authority
having jurisdiction of the leased premises.
13. INSURANCE OF THE URBAN TABLE, LLC'S PROPERTY. The
Urban Table, LLC shall be solely responsible for maintaining insurance on its
property, including but not limited to movables, trade fixtures installed by The
Urban Table, LLC, furniture, furnishings and inventory.
14. RIGHT OF INSPECTION. The City of Fayetteville shall have the
right, in person or through the City of Fayetteville's duly authorized
representative, at all reasonable times to inspect the leased premises
15. RIGHT OF SQUARE GARDEN RENOVATION. The City of
Fayetteville reserves the right to close the patio area for renovation to the square
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gardens as deemed necessary. Rent will be prorated during this time frame;
however, lessee will be responsible for storing and securing all of the lessee's
amenities on the patio during this time. It is the intent of the City of Fayetteville
to minimize the time in which the patio area would need to be closed.
16. ALTERATIONS. The Urban Table, LLC shall have the right and
privilege to make, at The Urban Table, LLC's expense, ordinary repairs and
alterations to the leased premises; however, no alterations shall be made without
the prior written consent of the City of Fayetteville.
17. FIXTURES. All trade fixtures installed by The Urban Table, LLC or
acquired by The Urban Table, LLC independently of this lease shall remain The
Urban Table, LLC's property and may be removed by The Urban Table, LLC at
the expiration of this lease; provided, however, The Urban Table, LLC shall
restore the leased premises and repair any damage thereto caused by such
removal.
18. ACCEPTANCE OF PREMISES. The Urban Table, LLC
acknowledges it has inspected the premises and determined them adequate for
its intended uses. The Urban Table, LLC accepts the premises in their current
condition.
19. MAINTENANCE OF LEASED PREMISES. The Urban Table, LLC
shall be liable for all license fees, occupation taxes and the like in connection with
the operation of any business on the leased premises, and shall pay all charges
incurred by The Urban Table, LLC in connection with utility services of whatever
kind or nature including any sewer charges and pickup of The Urban Table,
LLC's trash and garbage.
The Urban Table, LLC shall be responsible for maintaining the
improvements upon the leased premises in a satisfactory condition and the
premises shall, at all times, be maintained in a neat and orderly condition. The
Urban Table, LLC's business operations will be carried on in accordance with the
highest standards for such businesses, particularly in the areas of cleanliness and
service.
20. INDEMNIFICATION OF CITY OF FAYETTEVILLE. The Urban
Table, LLC shall defend, indemnify and hold the City of Fayetteville harmless
against any expense, claim, loss or liability as the result of any breach by The
Urban Table, LLC, The Urban Table, LLC's agents, servant, employees,
customers, visitors or licensees, of any covenant or condition of this lease, or as a
result of The Urban Table, LLC's use or occupancy of the demised premises, or
the carelessness, negligence of improper conduct of The Urban Table, LLC, The
3
Urban Table, LLC's agents, servants, employees, customers, visitors or licensees.
To facilitate the provisions hereof, The Urban Table, LLC shall keep and
maintain at all times during the term of this lease, or any extension thereof, in
full force and effect with a company or companies acceptable to City of
Fayetteville, insurance against third party liability by reason of The Urban Table,
LLC's occupancy of the demised premises with limits of liability thereunder of
not less than $100,000 00 per person and $500,000.00 per accident with
$500,000.00 coverage for property damage.
21. RETURN OF LEASED PROPERTY. At the end of the term of this
lease, or upon any other earlier termination, The Urban Table, LLC agrees
promptly and peaceably to restore possession of the leased premises to the City
of Fayetteville in as good condition as they were when delivered to The Urban
Table, LLC, ordinary wear and tear excepted. To accommodate this covenant,
The Urban Table, LLC hereby waives any and all notice to which The Urban
Table, LLC may be entitled under the laws of the State of Arkansas as a
prerequisite to a suit against The Urban Table, LLC for the unlawful detention
of the property.
22 NOTICES. Any notice called for or permitted under the terms hereof
shall be given in writing and sent by certified mail to The Urban Table, LLC, at
5405 West Wheeler, Fayetteville, AR 72704 and to the Mayor's Office, City of
Fayetteville, 113 W. Mountain St., Fayetteville, AR 72701. If such certified mail is
returned to sender, the City of Fayetteville may provide adequate notice by
posting said Notice on the premises.
23. WASTE. The Urban Table, LLC agrees not to commit waste, not
permit waste to result or to be done to or upon the aforesaid property and
premises; not to conduct any other business thereon or therein, nor store or
permit to be stored thereon or therein any explosives, combustible substances or
materials or any nature, which would increase the fire hazard or cause a
premium to be charged for insurance higher than that charged for the present
use of said property; and not to operate nor permit to be operated, nor to exist
thereon or therein, any public or private nuisance.
24. RIGHT TO CURE. If The Urban Table, LLC shall default in any of
the covenants, agreements, conditions, or undertakings herein contained to be
kept, observed and performed by The Urban Table, LLC, the City of Fayetteville
shall give notice of such default in writing to The Urban Table, LLC and The
Urban Table, LLC shall have thirty (30) days from and after the giving of such
notice to eliminate and/or cure the cause of such default. If said default is
eliminated or cured with the aforementioned thirty (30) days, The Urban Table,
LLC shall not be considered in default or in breach of this lease.
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25. TERMINATION. Each party may terminate this lease by providing
written notice to the other not less than sixty (60) days before the date of
termination.
26. 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 m full
force and effect.
27. INTERPRETATION. This lease agreement shall be interpreted
according to and enforced under the laws of the State of Arkansas.
28. 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.
29. NON -WAIVER PROVISION. The failure of the City of Fayetteville
or The Urban Table, LLC to insist upon the strict and literal performance of any
agreement or conditions herein or to exercise any option retained or granted by
reason of a default by The Urban Table, LLC shall not constitute a waiver of the
City of Fayetteville's right thereafter to insist upon and enforce full performance
of such conditions and agreements.
IN WITNESS WHEREOF, the City of Fayetteville and The Urban Table,
LLC have hereunto set their hands and seals and have caused their names to be
hereunto affixed by the undersigned officers who are duly authorized to act, on
this /if hdayof July' ,2007.
THE URBAN TABLE, LLC
Bv:
Rhett Hall, resident
The Urban Table, LLC
Attest:
Judy II, Chairperson
The Urban Table, LLC
CITY OF FAYETTEVILLE, ARKANSAS
By:
Attest:
5
Sondra Smith, City Clerk
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
17 -Jul -07
k
7/(7/07
<2�
L
City Council Meeting Date
Connie EdmonstorQ Parks & Recreation Operations
Division Department
Submitted By
Action Required:
Resolution to approve a lease with The Urban Table, LLC for the patio within the Square Garden on the Town
Square.
$0
Cost of this request
Account Number
Project Number
Budgeted Item
Category/Protect Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
07
Date
714 2407
City Attorney
ci
Finance and Internal Service Director
Mayor
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number
Received in City Cler Office
EN1ERED
Received in Mayor's Office
EMT
Comments: Approval of the le r the Town Square patio area would provide $2,400 annually in revenue.
City Council Meeting of July 17, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
From: Connie Edmonston, Parks and Recreation Director
Date: June 28, 2007
Subject: Resolution to approve a lease with The Urban Table, LLC for the
patio within the Square Gardens on the Town Square
RECOMMENDATION
Staff recommends approval of the attached resolution providing the lease of the 1,671.16 squre
feet patio to The Urban Table, LLC within the Square Gardens on the Town Square for an annual
rental rate of $2,400.
BACKGROUND
In the past, the City has leased the patio within the Square Gardens to two restaurants including
Hog City and Sodie's. This arrangement was beneficial to both parties. Former tenants provided
some improvements to make the small patio space more usable. The City has made no investment
in the patio area which is under utilized by the public.
A new tenant, The Urban Table LLC, is requesting to lease the patio area from the City to provide
an outdoor dining area for their restaurant. Urban Table is a full-service, casual dining restaurant
which will feature classic and new American fare (Eg. steaks, seafood, burgers, salads and
sandwiches). It will be open for lunch and dinner, seven days a week. There will also be a
sports -style bar and grill located downstairs that will open mid-aftemoons. Urban Table will
open in early August. Attached is a site plan of the patio area designated with the diagonal lines.
DISCUSSION
The proposed lease includes the following:
1. Term of the lease is two (2) years, with a three (3) percent increase in rent for an
additional period of two (2) years if agreeable by both parties.
2. Annual rental rate is $2,400 payable in advanced monthly installments of $200.
3. The leased patio is to be used only as an outdoor dining area and for no other purpose
without the written consent of the City.
4. Only live non -amplified music is permitted which can not be loud enough to disturb
persons enjoying the Square Gardens.
5. The City reserves the right to close the patio area for renovation to the Square Gardens as
deemed necessary.
6. Either party may terminate the lease by providing written notice not less than sixty (60)
days before the date of termination.
Staff views the lease of the small 1,676 square feet patio that is not currently being utilized by the
public, as an enhancement and promotion of citizens, as well as visitors, to utilize our Town
Square. In addition, it will provide an outdoor dining experience for citizens to enjoy the
beautiful Square Gardens.
BUDGET IMPACT
The City would receive $200 per month or $2,400 annually for leasing this patio.
Attachments:
Lease Agreement (3)
Patio Layout
RESOLUTION NO.
A RESOLUTION APPROVING A LEASE WITH THE URBAN
TABLE, LLC FOR THE PATIO WITHIN THE SQUARE GARDENS
FOR USE AS AN OUTDOOR DINING AREA.
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 a Lease with The Urban Table, LLC of the patio within The
Square Gardens for use as an outdoor dining area. A copy of the Lease, marked
Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 17th day of July, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
�,��
Clarice7.23.07 Pearman The Urban Table Page 1 l
From: Alison Jumper
To: Pearman, Clarice
Date: 7.23.07 9:05 AM
Subject: The Urban Table
CC: Edmonston, Connie
Hi Clarice, I spoke with Brett with the Urban Table and Connie The start date will be September 1st.
1 (7.23:07) Clarice Pearman - Res. 128-07 Page 1
From: Clarice Pearman
To: Edmonston, Connie
Date: 7.23.07 3:09 PM
Subject: Res. 128-07
CC: Audit; Jumper, Alison
Connie:
Attached is a copy of the above resolution passed by City Council, July 17, 2007 regarding Urban table LLC lease agreement. I will
forward via interoffice mail two of three original agreements. Please let me know if there is anything else needed. Have a good
day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearmanc ci.favetteville.ar.us