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HomeMy WebLinkAbout118-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 118-16 File Number: 2016-0243 UNIVERSITY OF ARKANSAS OSHER LIFELONG LEARNING INSTITUTE LEASE AGREEMENT: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES DURING THE FALL 2016 AND SPRING 2017 SEMESTERS IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED. 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 with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct its classes during the Fall 2016 and Spring 2017 semesters in the amount of $25.00 for each day the space is used. PASSED and APPROVED on 6/7/2016 Attest: xc+ 6, . Sondra E. Smith, City Clerk Treasurer otiti\ ERK 014- ell C-) f r Page I = `rPrinte on 6/8/16 �111/llllll1111�\\\ City of Fayetteville, Arkansas 113 West Mountain Street r Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2016-0243 Agenda Date: 6/7/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 11 UNIVERSITY OF ARKANSAS OSHER LIFELONG LEARNING INSTITUTE LEASE AGREEMENT: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES DURING THE FALL 2016 AND SPRING 2017 SEMESTERS IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED 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 with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct its classes during the Fall 2016 and Spring 2017 semesters in the amount of $25.00 for each day the space is used. City of Fayetteville, Arkansas Page 1 Printed on 6/8/2016 Johnny Roscoe Submitted By City of Fayetteville Staff Review Form 2016-0243 Legistar File ID 6/7/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/5/2016 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and the University of Arkansas Osher Lifelong Learning Insitute. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title P Approval Date: V20140710 CITY OF r► Tay' e CV -111C ARKANSAS MEETING OF JUNE 7, 2016 TO: Mayor Lioneld Jordan Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director FROM: Johnny Roscoe, Airport Director DATE: May 5, 2016 SUBJECT: University of Arkansas Osher Lifelong Learning Institute Lease Agreement RECOMMENDATION: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and the University of Arkansas Osher Lifelong Learning Institute. BACKGROUND: The University of Arkansas Osher Lifelong Learning Institute was founded by the Bernard Osher Foundation and provides affordable education opportunities to its members. DISCUSSION: The University of Arkansas Osher Lifelong Learning Institute requests space in the Airport Terminal Building to conduct classes for the Fall 2016 and Fall 2017 semesters. BUDGET/STAFF IMPACT: The University of Arkansas Osher Lifelong Learning Institute will pay rent of $25 per day for use of the space based on the Airport's standard meeting room rental rate. Attachments: Staff Review Form City Council Memo Lease Agreement Airport Terminal Building Layout with rented space indicated Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Luse Agreement between The City of Fayetteville, Arkansas And The Board of Trustees Of the University of Arkansas, acting for the UniversitN of Arkansas, F ay e ttev i I Ic, OSHER Lifelong Learninu Institute The purpose of this Lease Agreement is to c4— aNlsli between the City of Fayetteville, Arkansas ("City") and 17he Board of TrUStees of the University of Arkansas, acting on behalf of the University of' ArkarLgis. Fayetteville, CJSHFR Lifelong Lea-ning Institute (`YJLLI"`) -for the use of space available in the City's Drake Field tennineil building to conduct classes for the Fal12016 and Spring ?017 semesters. 1. Leased Premises. For and in consideration of the rents. covenants and agreernents herein entered into and aLareed upon by OLLI <LS obligations to 11-L City. the City. lets, leases and demises unto 01.1.1, subject to the terms and conditions contained herein, the following, described property situawd in Washington, County- Arkansas: Drake Field Terminal Building banquet area. Please see attached layout of the Airport. 1 Term. This term shall commence on .August ?'_. 2016. and shall end on .lune 16. 2017. File term of this lease mai be terminated early by the City without caitse only upon thirty days Ivior voitten notice. The term of this lease may be extended k1nh- upon the mutual written aLareerttent of CILLI and the Cite. 3. rent. OLLi agrees to pay to City of Favctteville as rental for the term of this ]case the Sum of $25.00 for each day it uses the. Leased Premises. The Airport Administration Office will prepre an invoice follow%ing the end ofeach calendar month based oil the number of days the Leased Premises are used by 01_.LL Lach monthly payment is due o n or before the last day of tine month in which the invoice is received. A late tee sl -tall be imposed_ at the highest rate allowable by law, on all payments which are not received by City of Fayetteville within sixty (60) business days froin the due date. 4. Use. OLLI agrees to nese the lease premises for classes. seminary or other events during regular operating hours of the Airfx.)rt Terminal, which are 6:00 a.m — 10:00 p.rrt- Monday tln•ough Friday and 5:00 a,nr — 8:00 p.m Saturday through Sunday. OLLI Sha Il coordinate %vith the Airport Administration Office if th Leased Premises are required after 4:00 p.m Monday throu01, ThUrsday or at any time Friday through Sunda,, Classes and events shall be scheduled tbrotrgh the Airport Administration Office at least two weeks in advance. OLLI will netifv the Airport Administration Office of ail N. cancelled classes as soon as possible. An OLI-I staff" memberor representative will be present at the beginning of a day 's classes to set tip needed items and at the end of the day to clean up. 01, LI is not required to dismantle or move its tables and chains at the end of 11-c day unless notified by the Airport Administration Office. 5� Preemptive Use or access by the C i t v . OLLI acknowledges that the Transportation Security Administration may require rr,, e Of' the Leased P re in i se s for certain chartered flights that may interfere with OLLI's use. In the event of such preemption. the Airport :administration Office will make every effort to locate an alternative site at 110 additional cost to 01-LI but makes no guarantees_ OLLI shall not be responsible for the payment of rent for any days the Leased Premises are unavailable for a previously scheduled class or event. nor shall the City be liable to OLLI for any costs or expenses i n y o l v e d in rescheduling or relocating a class when the Leased Premises are required for use by the Transportation Security Administration orfor maintenance issues. 6. Access to Airport Terminal Amenities. Ol.l_Istaff shall have access to the attached unused kitchen area to store tables and chairs for its classes and events and OLLI further agrees that its tables and chairs may be used by the Cite or other organizations utiliZin�.: the Leased Premises at times not scheduled for OLLI 's use. 01.1,1 understands that this area is not secured at times k0en the Tel Building is open to the public. 1'he City also agrees to allow, storage of media and other electronic equipment i n the secured closet area in the Airport `Terminal storage room as space allows. OLLI agrees that the City shall not be responsible for theft or damage of any OLLI property that is stored at the Airport 'term final. The restrooms near rile post office: are available for 01.1,1 use. 01,1.1 agrees to provide toilet paper, paper towels and other supplies as needed fir the restrooms to cover tkulty, staff, student and guest use_ 7. Restricted Areas. ]accessb , OLLf f'itculty, staff. stucfe_t]_t_s and s'uesis to the Airport Flight Eine (includiw but not limited to the aeon, rumN°ajlanuars) is strictly pI_ohibited. OLLI faculty, staff, Students and guests shall not canter any offices. rooms or area; not specifically designated For their use in paragraphs d and 6 aboke. This includes, but is riot limited to, the flight planning area, pilot lounge areas, TV lounge and beverage station. OLI..1 staff and students are not allowed the use the re_strooms in the lobby area. 0I,1.1 siaffand students will not gather or loiter in the Airport Terminal lobby area and shall enter into the ],eased Premises as expeditiously as possible. 8. Parkino, 01,L1 faculty, staff, students and CIucsts will park only in the third row of the Drake f=ield parking lot furthest from the Airport Terminal. Tills area is identified in the map attaclted as Exhibit A. 9. Cleaning a n tI 1bla i n It e n a n c e. The C'M shall provide re�'ular ,janitorial and ntaintenancescrvices for the Leased Premises. 10. Assignment. OLLI shall not assign this lease or sublet the Leased P r e in i s es xvithout prior written consent of the Cirri of Fayetteville. Consent for any assignment or sublettinS.1, shall onIN be considered at the same rates as established in Paragraph 3 above_ Any such assignment Or subletting shall in no Nvw, relieve OLLI from liability for the obligations imposed by this lease. OLLI maN only he released fi-om liability hx a specific written release executed by the CIL\. 11, Holdover. OLLI hereby a(;rees that upon termination of this lease by expiration or by earlier t e r rn i n at i oil for any reason whatsoever, it mill remove its property from the Airport Terminal immediately. 11. Termination. 'The City hereby renes the ri0it to terminate this lease at a��y time dtaing,the terns ohthis lease if Ikiyuxnt of rent in accorc)<ukewith Paragraph 3 above is not received within lige (5) busirless days from the due date_ If the le.asc is terminated, (_)LI.[ v� III remo%,e its properly from the Airport Terminal immediately. 13_ Non -Waiver. It is aw-ced that the f;tilun of City to invoke am• of the available under this lease or under late in the event of orle or num breaches or defaults bv 01-1-1 under flu lease shall net bC eonsn'ued as a waiver ol' such provisions and conditions and shall not prevent the Cite from invoking such remedies in the event of any future breach or default. 14. Succession. 'I11is Luse agr'cement ~hall i111,11-0 to the benefit orf and be binding upxmthe parties hereto and their resfx-ctive heirs,successors and atisigns. hr,. Serer-ahibily. Each paragraph of this lease agreement is severable from all ether paragraphs. In the event ans COLII'1 oaf competent jurisdiction determine, that anv paragraph or sublku•a,Mph is inValid Or unenk)rceahle filr anv reason, all remaining paraoral -As a n d subparragraplis w i l l remain in till fierce and effect. 16. Inter•pi-etation. -Iliis lease a ureeme.nt shall be lrit,erpreted accordin�a to and enfi)rwd under tit lays oft}>z State of l�ri ansas. 17. Entire Agreement. Ails leaseagrcement contains the entire agreement of ixrth Ixu-ties hereto, and no other oral or written agreement shall be binding on the parties herelo. This lease agreemeutall prier agreements,contracts and understanding of 11111 kind between the parties relating, to the sahject matter Hereof. This argreetnent may be executed in all or more counterparts, each of which shall be deemed an oripinal. but all of xNIII ich together shaII ecrnstilutc one and the Sal InC instrument. CI1-Y OF FAYE111-V11.I_I.:. 13} A I II=ST• SON DRA SM I I IL ("its Clerk THF_. 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