HomeMy WebLinkAbout139-15 RESOLUTIONRESOLUTION NO. 139-15
A RESOLUTION TO APPROVE LEASE AGREEMENTS FOR FOUR (4)
PARKING SPACES LOCATED IN FAYETTEVILLE MUNICIPAL PARKING
LOT 1 LOCATED AT 160 WEST MOUNTAIN STREET FOR ONE (1) YEAR
WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR
TERMS AT A MONTHLY COST OF $50.00 PER PARKING SPACE
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, copies of which are attached to this Resolution, for four (4) parking spaces located in
Fayetteville Municipal Parking Lot 1 located at 160 West Mountain Street for one (1) year with
the option to renew for four (4) additional one-year terms at a monthly cost of $50.00 per parking
space.
PASSED and APPROVED this 18`h day of August, 2015.
ATTEST:
By: jaylu�rct, e.
SONDRA E. SMITH, City Clerk Treasurer
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
et (479) 575-8323
Text File
File Number: 2015-0340
Agenda Date: 8/18/2015 Version.1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 3
FAYETTEVILLE MUNICIPAL PARKING LOT 1
A RESOLUTION TO APPROVE LEASE AGREEMENTS FOR FOUR (4) PARKING SPACES
LOCATED IN FAYETTEVILLE MUNICIPAL PARKING LOT 1 AT 160 WEST MOUNTAIN
STREET FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL
ONE-YEAR TERMS AT A MONTHLY COST OF $50.00 PER PARKING SPACE
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, copies of which are attached to this Resolution, for four (4) parking spaces located in
Fayetteville Municipal Parking Lot tat 160 West Mountain Street for one (1) year with the option to
renew for four (4) additional one-year terms at a monthly cost of $50.00 per parking space.
City of Fayefteville Arkansas Page 1 Printed on 8/1412015
City of Fayetteville Staff Review Form
2015-0340
Legistar File iD
8/18/2015
City Council Meeting Date - Agenda item Only
N/A for Non -Agenda item
Melissa Elmore 7/22/2015 Parking & Telecommunications /
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
A resolution approving Lease Agreements for 4 parking spaces in Municipal Parking Lot 1 of the City of Fayetteville.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Previous Ordinance or Resolution # 140-05
Original Contract Number:
Comments:
Budget Impact;
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20140710
Approval Date: 18, /17IJ52
11
CITY OF
7ayTIle
NSAS
MEETING OF AUGUST 18, 2015
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Melissa Elmore, Parking Management
DATE: July 22, 2015
CITY COUNCIL AGENDA MEMO
SUBJECT: Approval of Parking tease Agreements in Parking Lot 1
RECOMMENDATION:
Staff recommends approving Parking Lease Agreements on 4 parking spaces in Lot 1. These
spaces are located in the 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 2010, the City entered into lease agreements on 4 parking spaces in Parking Lot 1. Fulton
Enterprises, Inc. d/b/a Town and Country Shop leased 4 spaces for retail customers. In 2011,
Fulton Enterprises requested the cancellation of 2 of the 4 leased spaces. These 2 spaces were
subsequently leased to Edward Jones. Each space leases for $50.00 per month.
DISCUSSION:
The City currently holds leases on 18 parking spaces in Municipal Parking Lot 1. Campbell Bell
POA leases 14 spaces for the condominium owners located in the Campbell Bell Building on the
west side of the Square; Fulton Enterprises, Inc. d/b/a Town and Country Shop and Edward
Jones.
BUDGET/STAFF IMPACT:
The 4 spaces generate $2,400.00 per year. The total revenue on all 18 spaces is $10,800.00
per year.
Attachments:
The new leases will be arranged as follows:
• Fulton Enterprises, Inc. —2 spaces (Space #8, 9)
• Edward Jones — 2 spaces (Space #32, 33)
Mailing .Address:
113 W. Mountain Street www.fayetteviile-ar.gov
Fayetteville, AR 72701
LEASE
This Agreement, made and entered into this i lJ day of 2015, by and
between the City of Fayetteville, Arkansas, a Municipal Corporate n,113 W. Mountain,
Fayetteville, Arkansas, and Fulton Enterprises, Inc., d/b/a Town and Country Shop, 9
South Block Ave., 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., d/ b/ a Town
and Country Shop as obligations to the City of Fayetteville, the City of Fayetteville lets,
leases and demises unto Fulton Enterprises, Inc., d/b/ a Town and Country Shop, 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 Fulton Enterprises, Inc., d/b/a Town
and Country Shop 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, 2015, and shall extend for a term
of one (1) year, ending at midnight on July 31, 2016. Fulton Enterprises, Inc., d/b/a Town
and Country Shop 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., d/b/a Town and Country Shop 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 nacomparables 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 first 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., d/b/a Town and Country Shop agree to use the
lease premises only for the purpose of vehicle parking for use of Fulton Enterprises, Inc.,
d/b/a Town and Country Shop. 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., d/b/a Town and Country Shop 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 Fulton Enterprises, Inc., d/b/a Town and Country Shop' expense.
6. Assignment. Fulton Enterprises, Inc., cl/b/a Town and Country Shop 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., d/b/a Town and Country Shop from liability for the
obligation imposed by this lease. Fulton Enterprises, Inc., d/ b/ a Town and Country Shop
may only be released from liability by a specific written release executed by City of
Fayetteville.
7. Holdover. Fulton. Enterprises, Inc., d/b/ a Town and Country Shop hereby agree
that upon termination of this lease by expiration or by earlier termination for any reason
whatsoever, Fulton Enterprises, Inc., d/b/a Town and Country Shop will peaceably deliver
possession of the leased premises to City of Fayetteville. In the event Fulton Enterprises,
Inc., d/b/a Town and Country Shop 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., d/b/a Town and Country
Shops 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.,
d/b/a Town and Country Shop 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 any time 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., d/b/a Town and Country Shop on a
prorated basis of the actual cost to make improvements to the.premises.
9. Compliance with Laws. Fulton Enterprises, Inc.,/a Town and Country Shop
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 cityof Fayetteville to invoke any of
7
the available remedies under this lease or under law in the event of one or more breaches
or defaults by Fulton Enterprises, Inc., d/b/a Town and Country Shop 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. Fulton Enterprises, Inc., d/b/a Town and Country Shop 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:
FULTON ENTERPRISES, INC., D/B/A
TOWN AND COUNTRY SHOP
I
EXHIBIT A- LOT 1
CENTER STREET
90 Handicap
44 21
1 N
91 6845
222
92 6946
233
93 7047
244
W E
94 7148
255
95 7249
266
S
96 73
50 277
97 74
51 28
8 Fulton
98 75
52 29
9 Fulton
99 7653
30
10
100 7754
31
Edward
101 78
55 - Jones 32
Transformer
Edward
& compactor
102 79
56 Jones 33
103 80
57 POA 34
11 POA
104 81
58 POA 35
12 POA
105 82
59 POA 36
13 POA
106 83
60 POA 37
14 POA
107 84
61 POA 38
15 POA
108 85
62 POA 39
16 POA
109 86
63 POA 40
17 POA
110 87
64 Handicap
18
111 88
65 Handicap
19
112 89
66 Handicap
20
MOUNTAIN STREET
LEASE
This Agreement, made and entered into this a _ day of Ai,113
2015, by and
w �n the City of Fayetteville, Arkansas, a Municipal Cor oratW. Mountain,
bEt ec yp p
Fayetteville, Arkansas, and Edward Jones, c/o Robert Baker, 15 South Block Ave. Suite 108,
Fayetteville, AR 72701, and Witnesseth:
1. Leased Premises. For and in consideration of the rents, covenants and
agreements herein entered into and agreed upon by Edward Jones, c/o Robert Baker as
obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto
Edward Jones, c/ o Robert Baker, 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 Edward Jones, c/o Robert Baker 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, 2015, and shall extend for a term
of one (1) year, ending at midnight on July 31, 2016. Edward Jones, c/ o Robert Baker 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. Edward Jones, c/o Robert Baker 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 first 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. Edward Jones, c/o Robert Baker agrees to use the lease premises only for
the purpose of vehicle parking for use of Edward Jones, c/ o Robert Baker. However, it is
understood that the City of Fayetteville will not provide enforcement for restrictive
parking spaces identified in this lease.
5. Improvements. Edward Jones, c/o Robert Baker may make the following
improvements: Install private parkin, notices on meter poles. Design for all
improvements shall be approved by the City of Fayetteville. Any such improvement shall
be solely at Edward Jones, Cl o Robert Baker's expense.
6. Assignment. Edward Jones, c/o Robert Baker 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 Edward
Jones, c/o Robert Baker from liability for the obligation imposed by this lease. Edward
Jones, c/o Robert Baker may only be released from liability by a specific written release
executed by City of Fayetteville.
7. Holdover. Edward Jones, c/o Robert Baker hereby agree that upon termination
of this lease by expiration or by earlier termination for any reason whatsoever, Edward
Jones, c/ o Robert Baker will peaceably deliver possession of the leased premises to City of
Fayetteville. In the event Edward Jones, c/o Robert Baker shall be permitted by City of
Fayettevilie 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 Edward Jones, c/o Robert
Bakers 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, Edward Jones, c/o Robert
Baker 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 any time 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 Edward Jones; c/o Robert Baker on a prorated basis of the
actual cost to make improvements to the premises.'
9. Compliance with Laws. Edward Jones, c/o Robert Baker 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 tharthe.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
7
or defaults by Edward Jones, c/ o Robert Baker 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.
17. Insurance. Edward Jones, c/o Robert Baker 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:
0jilllll!!!!�
By: L1-.- �r . �.R,K /
SONDRA SMITH, City Glee:' •G\1 Y dx,••s`�''.�
�U•
FAYETUEVFLLE;'=
9 '
�:,'rd , F -A N &D ONES, c/o Robert Baker
EXHIBIT A - LOT 1
CENTER STREET
90
91
92
93
94
96
97
98
100
101
102
104
105
106
107
108
109
110
111
112
6845
6946
7047
71 48
7249
7350
74 51
7552
7653
7754
78 55
7956
81 58
82 59
8360
84 61
8562
8663
8764
8865
MOUNTAIN STREET
211
22 2
23 33
266
27 7
28 8 Fulton
29 9 Fulton
30 10
31
ransformer
compactor
POA 34 I11 POA
POA 35
12 POA
POA 36
13 POA
POA 37
14 POA
POA 38
15 POA
POA 39
16 POA
POA 40
17 POA
Handicap
18
Handicap
19
Handicap
20
N
W E
S