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Home My WebLink About154-13 RESOLUTIONRESOLUTION NO. 154-13 A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR CITY OPERATION OF THE UNIVERSITY'S WEST ANNEX PARKING LOT AS A REVENUE PRODUCING OFF-STREET PARKING LOT UPON ADOPTION AND INCLUSION OF THE LOT WITHIN THE DICKSON STREET ENTERTAINMENT DISTRICT 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 agreement, attached as Exhibit "I", with the University of Arkansas for City operation of the University's West Annex parking lot as a revenue producing off-street parking lot, only upon the adoption and inclusion of the lot within the Dickson Street Entertainment District by appropriate Code amendments. PASSED and APPROVED this 2"d day of July, 2013. APPROVED: ATTEST: 13y ,By: SONDRA E. SMITH, City Clerk/Treasurer f1�(::�Srrrr y } l Vii.i.} - rry,• fr,/iL`�• `� �� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Lease xor Agreomants '7 �.� r 3 City Council Meeting Date Agenda Items Only Sharon Waters Parking Mann ement Utilities Submitted By Division Department Est. $13,000 in revenue $ - Entertainment District Parking Cost of this request Category / Project Budget Program Category / Project Name 2130-0913 (multiple) $ - Parking Revenue Account Number Funds Used to Date Program / Project Category Name $ - Parking Fund Project Number Remaining Balance Fund Name Budgeted item Budget Adjustment Attached qq_J Q,, - �i2#1 U Previous Ordinance or Resolution # Date Original Contract Date: Original Contract Number: Date z•- 2.2- V13 Finance and Internal Services Director Date 101111A- - 2-22 -13 Received in City Clerk's Office l:l! (!i:l] EfiYEkEt1 Received in ) Mayor's Office r111 13 Revised January 15, 2009 LEASE AGREEMENT - University Parking Lot 53 This Lease Agreement ("Agreement") for Parking Lot Enforcement is entered into by and between the Board of Trustees of the University of Arkansas ("University"), acting for and on behalf of the University of Arkansas, Fayetteville and the City of Fayetteville, Arkansas (the "City"). WITNESSETH WHEREAS, the City seeks to utilize University Parking Lot 53 (the "Lot" or "Premises"), more particularly described as located directly south and east the West Avenue Annex which is located at 346 West Avenue, from 5:00 pm to 2:00 am on weekdays and from 5:00 pm on Fridays until 2:00 am on Mondays, excluding federal holidays, to serve the City's public parking needs; and WHEREAS, the University is willing to grant a limited, exclusive lease to the City for usage and enforcement of said University parking lot as more particularly described herein; NOW THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree to the Agreement under the following terms and conditions: 1. LIMITATION OF LIABILITY. The University shall not assume any liabilities or responsibilities for enforcement of the parking lot pursuant to this Agreement. 2. SCOPE OF LIMITED LEASE: This Agreement is a limited lease and shall not be considered deeded access. The University's property is not to be subrogated by this lease. The term of this Agreement shall be for a period of five (5) months, with an automatic annual renewal for up to five (5) additional one- year periods, commencing on the date of execution hereof, subject to all other terms and conditions of this Lease. This limited lease is revocable by the University at any time, in whole or in part, in the sole discretion of the University, upon thirty days' written notice to the City or by the City at any time, in whole or in part, in the sole discretion of the City, upon thirty days' written notice to the University. 3. OWNERSHIP PRIVILEGES: University is not transferring or relinquishing any of its rights and privileges of property ownership or use. Notwithstanding any other provision of this Agreement, the City covenants and agrees that the University shall have the absolute and unconditional right to use the Lot for such purposes as the University deems necessary in its sole discretion. Except under extraordinary circumstances to be determined at the sole discretion of the University, University agrees to notify the City at least twenty-four (24) hours in �� EXHIBIT advance of its intent to use the Lot for any special event. During these special events, the City will not provide any enforcement services. University agrees to return the Lot to the City following the event in the same condition as it was prior to the event. 4. CITY OF FAYETTEVILLE OBLIGATIONS: The City hereby agrees that during the term of this Agreement, or any extension thereof, the City shall operate the Lot as a revenue producing off-street parking lot, with the City receiving the revenues generated from the parking meter, and the City receiving the revenues generated from enforcement of the Lot. The City agrees to patrol the Lot from 5:00 pm to 2:00 am weekdays, from 5 pm Fridays until 2 am Saturdays, from 2 pm Saturdays until 2 am Sundays, and from 2 pm Sundays until 2 am Mondays, excluding federal holidays, or as determined by the City, to insure that motorists parking thereon are paying required usage fees as are now, or as may hereafter, be established by the City. The City shall issue parking citations under the same policies as other city controlled parking lots. 5. PROPERTY OWNER OBLIGATIONS: The University agrees to purchase and install all revenue collection equipment with the University retaining ownership of the equipment and covering all maintenance costs on such equipment, including replacement, if necessary, during the term of this Agreement. 6. PARKING RATES: The City will charge the same parking meter rates as the City rates for the area. The University reserves the right to exempt specific University -issued parking permits from the parking meter payment requirements during the City enforcement period set forth in Section 4 above. 7. COMPENSATION: The City agrees to pay to the University, during the term of the lease, or any extension thereof, the net operating revenues derived from the leased premises. The term "net operating revenues" shall mean gross revenues less all costs to provide parking patrol and enforcement. Gross revenues shall not be deemed to include fines or penalties paid to the City as a result of enforcement actions by the City. Estimated patrol and enforcement costs are $840 per month. Said revenues shall be paid to the University quarterly. 8. ASSIGNMENT: The rights granted in this Agreement may not be assigned or otherwise conveyed to any other party or individual for any reason whatsoever; provided, however, that the University may assign its rights as part of any merger or other reorganization. 9. SIGNS: Solely as a matter of contract, pursuant to this Agreement, the parties agree that all signs on the Lot shall be consistent in their appearance with the standards established by the University for University operating hours and by the City for City operating hours. 10. NON -WAIVER: The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed a waiver of such rights, nor shall be deemed a waiver of any subsequent breach, either of the same provision or otherwise. 11. GOVERNING LAW: This Agreement is entered into in the State of Arkansas and shall be governed by the laws of the State of Arkansas without regard to its choice of law principles. 12. WARRANTY OF AUTHORITY: The City warrants and represents to University that the City has the full power and authority to execute this Agreement and perform all obligations herein set forth. The University warrants and represents to the City that the University has the full power and authority to execute this Agreement and perform all obligations herein set forth. 13. VEHICLE TOWING AND RELOCATION: The University reserves the right to tow, relocate, or immobilize at the owner's expense, any vehicle that is parked illegally, parked in violation of University policy, or that must be moved for special events or maintenance. The University nor the City shall be responsible for damage to a vehicle resulting from towing, relocating, or immobilization. 14. NO RIGHT TO HOLDOVER: The City has no right to possession of the Premises or any part thereof beyond the expiration or termination of this Lease. Nothing contained herein shall be construed as consent by the University to any holding over by the City. 15. MISCELLANEOUS PROVISIONS: a. Rights and restrictions in this Agreement may be exercised and shall be applicable only to the extent they do not violate any applicable laws and are intended to be limited to the extent necessary so they will not render this Agreement illegal, invalid or unenforceable. In the event that any provision of this Agreement or the application of this Agreement to any circumstance should be held by any competent legal authority to be invalid, the application of such provision to other circumstances shall not be affected hereby, and the remainder of the Agreement shall remain in full force and effect. b. This Agreement contains the entire agreement between the parties and no statement, promise or inducement made by any party, or agent of either party, which is not contained in this Agreement, shall be valid or binding upon either party. This Agreement supersedes all prior agreements, whether written or verbal, regarding its subject matter. Any amendment hereof must be in writing and signed by both parties. C. The parties covenant and agree that time is of the essence with respect to the performance of their respective obligations under this Agreement. d. The University and the City are and shall remain independent parties at all times and for all reasons. This Agreement does not create a joint venture or partnership, and neither party has the authority to bind the other with respect to any third party. e. The parties covenant and agree that the rule of construction that ambiguous provisions of an agreement are construed against the drafting party shall have no application or effect with respect to this Agreement. This Agreement shall be interpreted as if both parties participated equally in its preparation and drafting. f. This Agreement is entered into by both parties based upon the facts set forth herein and each party acknowledges that it has consulted independent legal counsel of its choice with respect to the meaning, application, purpose and construction of this Agreement or voluntarily chose not to do so. g. The parties agree that, in carrying out the terms and conditions of this Agreement, neither party may discriminate against any individual on any basis prohibited by the United States Constitution, the Arkansas Constitution, or federal or state law, including, but not limited to, the Americans with Disabilities Act ("ADA") and the Rehabilitation Act ("Act"). In its sole discretion, the University may, if necessary, modify and/or reduce the number of parking spaces in the Lot to create the required amount of accessible parking space(s), which fully comply with the ADA, the Act, and any applicable federal or state regulations as the same may be amended from time to time. h. This Agreement may be executed concurrently in one or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same. i. Notwithstanding any term of provision to the contrary, nothing in this Agreement shall be deemed or construed as a waiver of jurisdiction or of the sovereign immunity of the University of Arkansas, or any immunities to suit available to its trustees, representatives, officials, and employees. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, City of Fayetteville and the Board of Trustees of the University of Arkansas, acting for an on behalf of the University of Arkansas, Fayetteville, have hereunder set their hands, b their respective officers, duly authorized on this r� _ day of , 2013. Board of Trustees of the University of Arkansas, Acting for and on behalf Of the University of Arkansas, Fayetteville By: Ann Kemp Title: Vice President for Finance and Administration City of Fayetteville, Arkansas ATTEST: By. Atf�144-11-111— C. 9r1 rZ� Sondra E. Smith, City Clerk/Treasurer 11%111 i r r r 11it T��; �AYE_i EVitts�: _ Zayleev!e ANSAS� CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff David Jurgens, Utilities Director From: Sharon Waters, Parking cYc 'Telecom anager - l vj Date: February 21, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: Approval of 1.2asv-Agreement with the University of Arkansas for the City of Fayetteville to Operate the West Annex Parking Lot as a Revenue Producing Off -Street Parking Lot RECOMMENDATION Staff recommends approval of a Lease Agreement with the University of Arkansas for the City to operate the West Annex parking lot located at 346 N. West Avenue as a revenue producing off-street parking lot. This lot has 63 numbered parking spaces. BACKGROUND The City currently provides parking services for other Off Street Parking District lots and the Dickson Street Improvement District lot. These entities currently have the same Lease Agreements in place for this service. The contracts provide that the City agrees to collect the revenues from the parking meters and/or pay stations located on the leased premises; and the City agrees to police the leased premises to ensure that motorists parking thereon are paying the required usage fees as are now, or as may hereafter, be established by the City. The City then pays back to the property owner the "net operating revenues" on a quarterly basis. Net operating revenues is defined as gross revenues less all costs of maintaining and operating the lease premises as an off- street parking lot. Therefore, the City would retain approximately $10,000.00 annually to cover operating expenses, which is approximately 15% of the gross revenues generated from the lot. The City would also retain 100% of all citation revenues generated from the lot. DISCUSSION The City has been providing this type of service to other parking lot entities since 1992. Staff feels this is a very good service that the City provides in order to ensure continuity in parking rules, regulations, rates, citation amounts, etc., as well as eliminating the towing and booting methods on these lots. In addition, the pay machine already provided by the U of A in this lot already matches the pay stations the City already has in place, and will be integrated into the City's overall system. This will provide a seamless integration of these 63 spaces into the City's parking program and offer all the same convenient features. BUDGETIMPACT Projected annual revenues for the Agreement are $10,000.00 in parking revenues and an additional $3,000.00 in citation revenues. RESOLUTION NO. A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR CITY OPERATION OF THE UNIVERSITY'S WEST ANNEX PARKING LOT AS A REVENUE PRODUCING OFF-STREET PARKING LOT UPON ADOPTION AND INCLUSION OF THE LOT WITHIN THE DICKSON STREET ENTERTAINMENT DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement, attached as Exhibit "I", with the University of Arkansas for City operation of the University's West Annex parking lot as a revenue producing off-street parking lot, only upon the adoption and inclusion of the lot within the Dickson Street Entertainment District by appropriate Code amendments. PASSED and APPROVED this 2nd day of July, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer rsity of Speech rg Clinic w Lafa �i rM maple St le c� 4 y+ette St Y Y Imayw 3 4 Oi m D � C 500 W Lalfeyeft St Y West End L #� d � 4 George"$ Majestic Lounge x 225 r Powerhouse Seafood & Grill ■ Hog Haug Brewing y Wee Care AChrisban Preschool W Watson St cv Walton N Arts Center 4 2 W Laf IV 2 rn 1t Theo's Dickson Street Bookshop It BorcFnos 16 Dickson Street Liquor 480 VV 4rw inn Cf I LEASE AGREEMENT - University Parking Lot 53 This Lease Agreement ("Agreement") for Parking Lot Enfc by and between the Board of Trustees of the University of ("University"), acting for and on behalf of the University of/ and the City of Fayetteville, Arkansas (the "City"). 7 WITNESSETH WHEREAS, the City seeks to utilize U "Premises"), more particularly described as Ic West Avenue Annex which is located at 34B' am on weekdays and from 5:00 pm on Friday excluding federal holidays, to serve the City' i is entered into nsas isas, Fayetteville iver ity Parking Lot 53 (the "Lot" or ,a d directly south and east the J st Avenue, from 5:00 pm to 2:00 until 2:00 am on Mondays, public parking needs; and WHEREAS, the University is willin to grant a limited, exclusive lease to the City for usage and enforcement of s id University parking lot as more particularly described herein; NOW THEREFORE, in contained herein, the parties and conditions: 1. LIMITATION OF LIABI liabilities or responsibilities fob Agreement. ' cons' eration of the mutual promises of the parties 7reto the Agreement under the following terms ,1 The University shall not assume any enforcemept of the parking lot pursuant to this 2. SCOPE OF LIMIT LEASE: This Agree not be considered deed access. The Univa subrogated by this leas . The term of this Agrel (5) months, with an a4 omatic annual renewal fc year periods, commencing on the date of execu terms and conditions of this Lease. This limited ent is a limited lease and shall s property is not to be mt shall be for a period of five p to five (5) additional one - hereof, subject to all other e is revocable by the University at any tithe, in whole or in part, in the soleloiscretion of the University, upon thirty days' written notice to the City or by the City at any time, in whole or in part, in the sole discretion of the City, upon thirty days',written notice to the University. 3. OWNERSHIP PRIVILEGES: University is not transferring or relinquishing any of its rights and privileges of property ownership or use. Notwithstanding any other provision of this Agreement, the City covenants and agrees that the University'shall have the absolute and unconditional right to use the Lot for such purposes as the University deems necessary in its sole discretion. Except under extraordinary circumstances to be determined at the sole discretion of the University, University agrees to notify the City at least twenty-four (24) hours in advance of its intent to use the Lot for any special event. During these special events, the City will not provide any enforcement services. University agrees to return the Lot to the City following the event in the same condition as it was prior to the event. 4. CITY OF FAYETTEVILLE OBLIGATIONS: The City hereby agrees that during the term of this Agreement, or any extension thereof, the City sal operate the Lot as a revenue producing off-street parking lot, with the City receiving the revenues generated from the parking meter, and the ,City receiving the revenues generated from enforcement of the Lot. The City rees to patrol the Lot from 5:00 pm to 2:00 am weekdays, from 5 pm Friday until 2 am Saturdays, from 2 pm Saturdays until 2 am Sundays, and fr m 2 pm Sundays until 2 am Mondays, excluding federal holidays, or as det mined by the City, to insure that motorists parkin thereon are paying require usage fees as are now, or as may hereafter, be esta fished by the City. The ity shall issue parking citations under the same polic s as other city contr led parking lots. 5. PROPERTY OWNER OB IGATIONS: T e University agrees to purchase and install all revenue collection a uipment w' the University retaining ownership of the equipment and co eying al aintenance costs on such equipment, including replacement, i nece�ary, during the term of this Agreement. , 6. PARKING RATES: The City v�tll`charge the same parking meter rates as the City rates for the area. The Uniy,�!rsity reserves the right to exempt specific University -issued parking permits,from the, parking meter payment requirements during the City enforcement perjod set forth, in Section 4 above. 7. COMPENSATION: The City agrees to pay to the University, during the term of the lease, or any extension thereof, the net operating revenues derived from the leased premise . The term "net operating revenues" shall mean gross revenues less all coststoprovide parking patrol and enforcement. Gross revenues shall not be deemed to include fines or penalties paid to the City as a result of enforcement actions by the City. Estimated patrol and enforcement costs are $840 per month. Said revenues shall be paid to the University quarterly. 8. ASSIPIMENT: The rights granted in this Agreement may not be assigned or otherwise conveyed to any other party or individual for any reason whatsoever; provided, however, that the University may assign its rights as part of any merger or other reorganization. 9. , SIGNS: Solely as a matter of contract, pursuant to this Agreement, the parties agree that all signs on the Lot shall be consistent in their appearance with the standards established by the University for University operating hours and by the City for City operating hours. 10. NON -WAIVER: The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed a waiver of such rights, nor shall be deemed a waiver of any subsequent breach, either of the same provision or otherwise. 11. GOVERNING LAW: This Agreement is entered into in the State of Arkansas and shall be governed by the laws of the State of Arkansas without regard to its choice f law principles. 12. WARRANTY F AUTHORITY: The City warrants and represents to University that the City as the full power and authority to execute this Agreement and perform II obligations herein set forth. The University warrants and represents to the Ci that the University has the full power and authority to execute this Agreement a perform all obligations herein set forth. 13. VEHICLE TOWING A ❑ RELOCATION: The University reserves the right to tow, relocate, or immo 'line at the owner's expense, any vehicle that is parked illegally, parked in violat n of University policy, or that must be moved for special events or maintenance. he University nor the City shall be responsible for damage to a vehicle resulting from towing, relocating, or immobilization. 14. NO RIGHT TO HOLDOVER:` The City has no right to possession of the Premises or any part thereof beyond the expiration or termination of this Lease. Nothing contained herein shall be construed, as consent by the University to any holding over by the City. r 15. MISCELLANEOUS PROVISIONS:', f a. Rights and res fictions in this Agreement may be exercised and shall be applicable only to a extent they do not violate any applicable laws and are intended to be limite to the extent necessary so they will not render this Agreement illegal, invatid or unenforceable. In the event that any provision of this Agreement or t e application of this Agreement,to any circumstance should be held by any competent legal authority to be invalid, the application of such provision to other circumstances shall not be affected hereby, and the remainder of the Agreement shall remain in full force and effect. This Agreement contains the entire agreement between the parties and nyl statement, promise or inducement made by any part, or agent of either party, which is not contained in this Agreement, shall be valid, or binding upon either party. This Agreement supersedes all prior agreements, whether written or verbal, regarding its subject matter. Any amendment hereof must be in writing and signed by both parties. C. The parties covenant and agree that time is of the essence with respect to the performance of their respective obligations under this Agreement. d. The University and the City are and shall remain independent parties at all times and for all reasons. This Agreement does not create a joint venture or partnership, and neither party has the authority to bind the other with respect to any third party. e. The pki os covenant and agree that the rule of construction that ambiguous provisiof an agreement are construed against the drafting party shall have no applicn or effect with respect to this Agreement. This Agreement shall berpreted asif both parties participated equally in its preparation and drafting f. This Agreement is entered into by both parties based upon the facts set forth herein and eac party acknowledges that it has consulted independent legal counsel of it choice with respect to the meaning, application, purpose and construction of this greement or voluntarily chose not to do so. g. The parties agree tha in carrying pi the terms and conditions of this Agreement, neither party may di chminate._against any individual on any basis prohibited by the United States constitution, the Arkansas Constitution, or federal or state law, including, but not Ilmited to, the Americans with Disabilities Act ("ADA") and the Rehabilitation Act (''Act"). In its sole discretion, the University may, if necessary, modify Arid/or reduce the number of parking spaces in the Lot to create the required amount of ccessible parking space(s), which fully comply with the ADA, the AcJ �,`and any�pplicable federal or state regulations as the same may be amended from time to time. h. This Agreement may be executed concurrently in one or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same. i. Notwithstanding any term of provision to the contrary, nothing in this Agreement shall be deemed or construed as a waiver of jurisdiction or of the sovereign immunity of the University of Arkansas, or any immunities to suit available to its trustees, representatives, officials, and employees. [REMAINDER OF PAGE INTENTIONALLY LEFT,BLANK] IN WITNESS WHEREOF, City of Fayetteville and the Board of Trustees of the University of Arkansas, acting for an on behalf of the University of Arkansas, Fayetteville, have hereunder set their hands, by their respective officers, duly authorized on this day of , 2013. Board of Trustees of e University of Arkansas, Acting for and on behalf Of the University of Arkansas, Fayetteville Title: Donald O. Pederson Vice Chancellor for Finance and Administration A Ao- City of Fayetteville, Arkansas APPRO D: Lioneld Jordan, Mayor ATTEST: Sondra E. Smith, City Cler`rjreasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Lease xor Agreomants '7 �.� r 3 City Council Meeting Date Agenda Items Only Sharon Waters Parking Mann ement Utilities Submitted By Division Department Est. $13,000 in revenue $ - Entertainment District Parking Cost of this request Category / Project Budget Program Category / Project Name 2130-0913 (multiple) $ - Parking Revenue Account Number Funds Used to Date Program / Project Category Name $ - Parking Fund Project Number Remaining Balance Fund Name Budgeted item Budget Adjustment Attached qq_J Q,, - �i2#1 U Previous Ordinance or Resolution # Date Original Contract Date: Original Contract Number: Date z•- 2.2- V13 Finance and Internal Services Director Date 101111A- - 2-22 -13 Received in City Clerk's Office l:l! (!i:l] EfiYEkEt1 Received in ) Mayor's Office r111 13 Revised January 15, 2009