HomeMy WebLinkAbout230-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 230-17
File Number: 2017-0603
CAMPBELL BELL PROPERTY OWNERS ASSOCIATION, INC.:
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE CAMPBELL BELL
PROPERTY OWNERS ASSOCIATION, INC. FOR FOURTEEN (14) PARKING SPACES IN
FAYETTEVILLE MUNICIPAL PARKING LOT 1, LOCATED AT 160 WEST MOUNTAIN STREET,
FOR AN ADDITIONAL FIVE (5) YEARS 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 a Lease
Agreement with The Campbell Bell Property Owners Association, Inc., a copy of which is attached to
this Resolution, for fourteen (14) parking spaces in Fayetteville Municipal Parking Lot 1 located at 160
West Mountain Street for an additional five (5) years at a monthly cost of $50.00 per parking space.
PASSED and APPROVED on 11/7/2017
Attest:
Sondra E. Smith, City Clerk Treasurer
I�YE:vvEVILI.T_`�=
Page 1 Printed on 11/8/17
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0603
Agenda Date: 11/7/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 8
CAMPBELL BELL PROPERTY OWNERS ASSOCIATION, INC.:
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE CAMPBELL BELL PROPERTY
OWNERS ASSOCIATION, INC. FOR FOURTEEN (14) PARKING SPACES IN FAYETTEVILLE
MUNICIPAL PARKING LOT 1, LOCATED AT 160 WEST MOUNTAIN STREET, FOR AN
ADDITIONAL FIVE (5) YEARS 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 a Lease Agreement
with The Campbell Bell Property Owners Association, Inc., a copy of which is attached to this Resolution, for
fourteen (14) parking spaces in Fayetteville Municipal Parking Lot 1 located at 160 West Mountain Street for
an additional five (5) years at a monthly cost of $50.00 per parking space.
City of Fayetteville, Arkansas Page 1 Printed on 11/8/2017
Justin Clay
Submitted By
City of Fayetteville Staff Review Form
2017-0603
Legistar File ID
11/7/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/17/2017 Parking & Telecommunications/
Chief of Staff
Submitted Date Division / Department
Action Recommendation:
To renew the lease agreement with The Campbell Bell Building Property Owners Association, Inc. for the leasing of
fourteen (14) parking spaces located in City of Fayetteville Municipal Parking Lot 1.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $
Funds Obligated $
Current Balance $
Item Cost
Budget Adjustment
Remaining Budget $
Approval Date -
V20140710
CITY OF
Ta%y� - a
I e
ARKANSAS
MEETING OF NOVEMBER 7, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Peter Nierengarten, Sustainability & Parking Director
FROM: Justin Clay, Parking Manager
DATE: October 17, 2017
SUBJECT: To renew the lease agreement with The Campbell Bell Building Property
Owners Association, Inc. for the leasing of fourteen (14) parking spaces
located in City of Fayetteville Municipal Parking Lot 1.
RECOMMENDATION:
Staff recommends renewing the lease agreement with The Campbell Bell Building Property
Owners Association, Inc. (POA) to lease fourteen (14) spaces located under the canopy of
Municipal Parking Lot 1 for use by condo owners in the adjacent building.
BACKGROUND:
Since 2012, the Campbell Bell POA has leased these fourteen (14) spaces located under the
canopy of Municipal Parking Lot 1, located at 160 W. Mountain St., for residential use by the
condo owners. This lease agreement expires in November, 2017 and the POA has
expressed its desire to renew this lease agreement for an additional five (5) years.
DISCUSSION:
The fourteen spaces will continue to be leased at the rate of $50 per space per month, yielding
annual revenue to the City in the amount of $8,400. All other terms and conditions of the
original lease are carried forward in this renewal agreement.
BUDGET/STAFF IMPACT:
No Budget Impact as this is a revenue account.
No Staff Impact.
Attachments:
Lease Agreement Renewal
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
LEASE AGREEMENT
This Agreement, made and entered into this ' `*)ay of 2017, by and
between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain,
Fayetteville, Arkansas, and The Campbell Bell Building Property Owners Association,
Inc., Fayetteville, AR72701,Witnesseth:
1. Leased Premises. For and in consideration of the rents, covenants and
agreements herein entered into and agreed upon by Campbell Bell Property Owners
Association as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and
demises unto Campbell Bell Property Owners Association, subject to the terms and
conditions contained herein, the following described property situated in Washington;
County, Arkansas:
Fourteen (14) 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 Campbell Bell Property Owners
Association for and during the term herein stated, subject to the covenants, terms,
conditions and liens herein contained.
2. Term. This term shall commence on December 1, 2017, and shall extend for a
term of one (1) year, ending at midnight on November 30, 2018. Campbell Bell Property
Owners Association shall have the option to renew this lease for four (4) additional one
(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. Campbell Bell Property Owners Association 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 beforethe first ofeach month. A late fee shall be imposed,
atthe 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. Campbell Bell Property Owners Association agrees to use the leased
premises only for the purpose of residential vehicle parking for use by the tenants of
Campbell Bell Property Owners Association. However, it is understood that the City of
Fayetteville will not provide enforcement for restrictive parking spaces identified in this
lease.
5. Improvements. Campbell Bell Property Owners Association may make
the following improvements: Install private parking notices on meter poles, striping
of parking spaces, and maintenance of the awning structure. Design for all
improvements shall be approved by the City of Fayetteville. Any such improvement
shall be solely at Campbell Bell Property Owners Association's expense.
6. Assignment. Campbell Bell Property Owners Association 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 Campbell Bell Property Owners Association from liability for
the obligation imposed by this lease. Campbell Bell Property Owners Association
may only be released from liability by a specific written release executed by City of
Fayetteville.
7. Holdover. Campbell Bell Property Owners Association hereby agree that
upon termination of this lease by expiration or by earlier termination for any reason
whatsoever, Campbell Bell Property Owners Association will peaceably deliver
possession of the leased premises to City of Fayetteville. In the event Campbell Bell
Property Owners Association 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 an
y 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 2above. A month-to-month tenancy arising by Campbell Bell Property
Owners Associations 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,
Campbell Bell Property Owners Association 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 Campbell Bell Property
Owners Association on a prorated basis of the actual cost to make improvements to
the premises.
2
9. Compliance with Laws. Campbell Bell Property Owners Association 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 Campbell Bell Property Owners Association 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. Campbell Bell Property Owners Association 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.
3
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals on the date first written above.
ATTEST:
SONDRA SMITH, City Clerk 1
TRf"��r,,
Q The Campbell Bell Building
Property Owners Association, Inc.
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
112
EXHIBIT A - LOT 1
CENTER STREET
Handicap 44
6845
6946
70 47
71 48
72 49
73 50
74151
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
MOUNTAIN STREET
2111
22 2
23 3
244
25 5
26 6
27 7
2818 Fulton
29119 Fulton
31
10
ransformer
compactor
POA- 34
11
POA
POA 35
12
POA
POA 36
13
POA
POA 37
14
POA
POA 38
15
POA
POA 39
16
POA
POA 40
117
POA
Handicap
18
Handicap
19
Handicap
20
N
W E
S