HomeMy WebLinkAbout216-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 216-18
File Number: 2018-0526
OSHER LIFELONG LEARNING INSTITUTE:
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 FROM JANUARY 1, 2019 THROUGH DECEMBER 31, 2019, 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 in 2019 in
the amount of $25.00 for each day the space is used.
PASSED and APPROVED on 10/16/2018
Attest:
Lisa Branson, Deputy City `* � T�11qq►+�
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Page 1 Printed on 10/17/18
113 West Mountain Street
City of Fayetteville, Arkansas
•- r Fayetteville, AR 72701
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(479)575-8323
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Text File
'! File Number: 2018-0526
Agenda Date: 10/16/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 5
OSHER LIFELONG LEARNING INSTITUTE:
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 FROM JANUARY 1, 2019 THROUGH DECEMBER 31, 2019, 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 in 2019 in the amount of
$25.00 for each day the space is used.
City of Fayetteville, Arkansas Page 1 Printed on 10/17/2018
Summer Fallen
City of Fayetteville Staff Review Form
2018-0526
Legistar File ID
10/16/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/20/2018
Submitted By Submitted Date
Action Recommendation:
AIRPORT SERVICES (760)
Division / Department
Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville
and the University Osher Lifelong Learning Institute for classes from January 1st, 2019 through December 31st,
2019.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $ -
Current Balance f $
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ j
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
L 'w.
MEETING OF OCTOBER 16, 2018
CITY COUNCIL MEMO
TO: Mayor Lioneld Jordan
THRU: Don Marr, Chief of Staff
FROM: Summer Fallen, Airport Manager
DATE: September 20, 2018
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 from January 1 s', 2019
through December 315, 2019.
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 2019. The space occupied by Osher consists of 3,924 square feet. If we a
had permanent aeronautical tenant, this space would be leased for $7.00 per square foot on a yearly
basis, however we have not had any inquiries for this space for the last several years.
Osher has expressed interest in a permanent lease, but has to get U of A approval, which thus far has not
been forthcoming. Due to their continued interest, we have agreed to lease them the space for a daily fee
of twenty-five dollars, with the understanding that they will have to vacate if a permanent tenant is
procured. This arrangement has worked well in the past, with FEMA using this space for a claim center
due to the flooding in April 2017. Osher has allowed us to use their furnishings, tables, and chairs when
other groups have used this space when classes were not being taught. This agreement has been
successful for both the Airport and Osher while providing some funds for utilities and displaying our
airport and its services to a section of the public that would not normally be exposed to the Fayetteville
Municipal Airport.
BUDGET/STAFF IMPACT:
The University of Arkansas Osher Lifelong Learning Institute will pay rent of $25 per day to use the space
based on the Airport's standard meeting room rental rate.
ATTACHMENTS:
Staff Review Form
City Council Memo
Lease Agreement
Exhibit A
U of A Purchase Order
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Lease Agreement
between The City of Fayetteville, Arkansas
And
University of Arkansas, OSHER Lifelong Learning Institute
Tltc purpost~ of this Lease Agreement is to establish art agmcrnem between the City of
Fayetteville, Arkansans ("City") and Board of Trusters of The University of Arkansas, acting for
and on the bchalfof the University of Arkasssas, 0SHER Lifelong Lcarning Institute ("OLLI")
for the use of space available in the City's Drake Field terminal building to conduct classes for
the term stuied in bem 2 below.
1. Leased Premises. For and in consideration of the rents, covenants and
at reenrtcnts hercin entered into and agreed upon by OLLI as obligations to the City, the
City lets, leases and demises wito OLLI, subject to the terms and conditions contained
herein, the following described property situated in Washington, County, Arkansas: Drake
Field Temainal Building banquet arta.
2. Term. This term shall commence on January 1, 2019, and shall end on December
31, 2019. 'Me term of this lease may be terminated curly 6y the City without cause only upon
sixty (60) days prior written notice. The tenn or this lease may be extended only upon the mutun]
agreement OfC3I..Ut and the City -
3. ReaL OLLI agrees to pay to City of Fayetteville as rental for the term of this lease
the sutnof$25.00 Cor each day it uses the Lcascd Premises. OLLI is not requiwd to use the Leased
Premises for any minimum number of days each month. The Airport Adrninistradon office will
prepare an invoice following the end of each calendar month based on the number of days the
Leased Premises arc used by OLLL Each monthly payment is due on or before tltt last day of c
!nonth in which die invoice is rcrcive A late fee sball be imposed, at the highest rate allowable
by law, on all payments which are not received by City of Fayetteville within five (60) business
days from the due date.
4. Use. OLLI agrees to use the lease premises for classes, seminars or other events
during regular operating hours of the Airport Tcrminal, which are 6:00 a.m — 10:00 p.m. Monday
through Friday and 9.00 am — 8:00 p.m Saturday through Sunday. OLLI shall coordinate with
the Airport Administration Office if the Leased Premises arc required after 4:00 p nt Monday
through Thursday or at any time Friday through Sunday. Classes and events shall be scheduled
through the Airport Administration Office at least two weeks in advance. OLLI will notify the
Airport Administration Office of any caneclie i classes as soon as possible. An OLLI staff member
or representative will be present at the beginning of a day's classes to set up needed items and at
the end of the dray to clean tip. OLLI is not required to dismanda or move its tables and chairs at
the end of the day unless notif icd by the Airport Administration Office,
S- Preemptive Use or Access by the City. OLLI acknowledges that the
Transportation Security Administrations may require use of the Leased Premises for certain
chartered flights that may interfere with OLLI's use. In the event of such preemption, the Airport
Adminisisution Office Nvill make every effort to locrae an altemativc site at no additional cast to
OLLI but mattes no guaranic,:s. OL,LI shall ,not be responsible for the payment of rent for any
clays the Leased Premises are unavailable for a previously scheduled class of event, nor shall the
City be liable to OLLI fur any costs nr expenses invofvcd in rescheduling or relocating a class
when the Leased Premises are required for Ilse by the Transportation Security AdmiDistration or
for maintenance issues.
.6. Access to Airport Terminal Amenities. OLLI staff shall have access to the
attached unused kitchen arca to store tables and chairs for its classes and events and OLLI further
agrees that Its tablet and chairs may be used by the City or other organizations utilizing the Leased
Premises at times not scheduled for OLLI's use, OLLI understands that this area is not secured at
times when the Terminal Building is open to the public. The City also agrees to at low slariabe of
media and other electronic equipment in the secured closet area in the Airport Terminal storage
room as spate allows. OLLI agrees that the City shall not be responsible for theft or damage of
any OLLI property that is stored rpt the Airport Term inai.
The restroorns near the post office are available for 01,1.1 use. OLLI agrees to provide
toilet paper, paper towels and other supplies as needed for the restrooms to cover facu]ty, stair,
student and guest use.
T. Restricted Areas. Access by OLLI f cu t to students d ucsts to the Airport
li t Line fiacloding but nolj:njgq4 to the a�gun, rrunwa_y,_ltaaa_ , I is strictly mitibite .
OI.LI faculty, staff, students and guests shall not enter tiny off-ices, rooms or areas not
specificWly designated for their use in paragraphs 4 and 6 above. This includes, but is not limited
to, the ,fight planning area, pilot lounge areas, TV lounge and bcverngc station.
OLLI siaff and students are not allowed the use the restroorns in the lobby area. OLLI staff
and students will not gather or loiter in the Airport Terminal lobby area and shall enter into the
Leased Premises as expeditiously as possible.
$.- Parking. OLLI faculty, staff, students and guests will park only in the third row
of the Drake Field parking lot furthest from the Airport Terminal. This arra is identified in the
map attached as Exhibit A.
9. Cleaning and Maintenance. The City shall provide regular janitorial and
maintenance services for the Lcased Premises.
10. Assignment. OLLI shall not assign this lease or sublet the Leased Premises
without prior written consent of the City of Fayetteville. Consent for any assignrraent 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 OI,,LI from liability for the obligations imposed
by this lease. OLLI may only be released from liability by a specific written release executed by
tic City.
11. Holdover. OLLI hereby agrees that upon termination of this lease by expiration or
by earlier tcrmination for any reason whatsoever, it will remove its property f torn the Airport
Terminal immediately.
12,' Termination. The City hereby reserves the right to terminate this lease at any time
during the terns of this lease if payment of rent in accordance with Paragraph 3 above is not
received within five (5) business days from the due date. If the lease is terminated, OLID will
remove its property fmm the Airport Terminal immediately.
13. Non -Waiver. It is agreed that the failure of City to invoke any of the available
remedies under this lease or ander law in the event of one or more breaches or defaults by OLLI
under the lease shall not be construed as a waiver of such provisions and conditions and shall not
prevent the City from invoking such mmcdies in the event of any futurt: breach or default.
14. Succession. This lease agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors and assigns,
15. 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 part graphs and
subparagraphs will remain in full force and effect.
16. Interpretation. This lease agreement shall be interpreted according to and
enforced under the laws ofthe State of Arkansas.
17, Entire Agreement. This lcrr.5e 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 master hereof: This agreement may be executed in all or more
counterparts, each of which shaft be deemed an original, but all of which together shall constitute
one and the same instrument.
CI'[Y CIF LE: UNIVFRSM OF ARKANSAS, OSIIER
7 //
LIFFLONG LrARN.IN'G TNS"I'I'I'UTF
Mayor
BY:
Printed Narne:
TTUST: Tide:,
BY:—
SONDRA SMITH, Cif .iii MkrJ,..r
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Digltally slgned by Andy
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eTc eer, APO, Board of Trustees
_ of the University of Arkansas
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acting for and on behalf of the
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University of Arkansas at
Fayetteville
r.rpote..2Q18.09.1309:49:29-05'00'
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OUT DIcsignoW Pwking Arca
Fax
uNivERSi1-YoF
Y. ARKANSAS
T'lie University of Arkansas is not exempt
from sales ;`use tax except for those items
specifically exempted by State lase.
Pate 1 of 2
T11e laws of the State of Arkansas shall C•' Po#_ �%��� .�
govern this Purchase Order. Please contact our office at 479-575-2551
or email sugplier.uark.er.!!.!/- information
about a distribution method for future
orders to your company. Thank You!
Order acceptance instructions:
University of Arkansas Purchase Order Terms and Conditions govern this transaction.
In the event of any conflict, University of Arkansas Purchase Order
Terms and Conditions shall control and prevail.
Link: http:Hprocurement.uark.edu/_resources/documents/terms.pdf
All Invoices, Packages and Freight Documents must show the Purchase Order number.
The University of Arkansas is NOT exempt from sales tax,
but IS exempt from Federal excise tax.
Supplier Information
Purchase Order
Purchase Order Date
PO/Reference No. Revision No.
Sep 17, 2018
945055 0
Contact Information
Address
Contact
Rewa Sparks
Email
res015@uark.edu
Phone
+1479-575-3620
T11e laws of the State of Arkansas shall C•' Po#_ �%��� .�
govern this Purchase Order. Please contact our office at 479-575-2551
or email sugplier.uark.er.!!.!/- information
about a distribution method for future
orders to your company. Thank You!
Order acceptance instructions:
University of Arkansas Purchase Order Terms and Conditions govern this transaction.
In the event of any conflict, University of Arkansas Purchase Order
Terms and Conditions shall control and prevail.
Link: http:Hprocurement.uark.edu/_resources/documents/terms.pdf
All Invoices, Packages and Freight Documents must show the Purchase Order number.
The University of Arkansas is NOT exempt from sales tax,
but IS exempt from Federal excise tax.
Supplier Information
Delivery Information
Supplier Name
City of Fayetteville
Delivery Address
Address
4500 S School Ave, Ste F
University of Arkansas
Fayetteville, AR 72701 US
Attn:
Sandra Sawyer
F.O.B./Freight
Destination
Room:
OLLI
Supplier Payment Terms
0, Net 30
Fulbright Building
211 E Dickson St
Fayetteville, AR 72701
United States
Shipping Informatlon
Delivery Date
Sep 15, 2018
Expedite
No
Ship Via
Best Carrier -Best Way
Notes to Supplier
Attachments for supplier
City of Fayettevi...
Line No.
1 of 1
Product Description Catalog No.
OLLI class space rental charges. These are potential numbers
of days for classes eash semester for the calendar yr 2019
ADDITIONAL
INFO
Notes OLLI class space rental charges. These are
potential numbers of days for classes eash
semester for the calendar yr 2019
Size / Unit Ext.
Packaging Price Quantity Price
EA 25.00 177 EA 4,425.00
USD USD
https://solutions.sciquest.com/apps/Router/POFax?poId=85419392&tmstmp=1537274204... 9/18/2018
Fax
Taxable
Capital Expense
Commodity Code
Yes
No
80131500
Lease and rental of property or
building
Page 2 of 2
j Invoices must be submitted to the Billing Address indicated below to assure timely payment.
Subtotal
4,425.00
Taxl
431.44
Shipping
0.00
Handling
0.00
Total
4,856.44 USD
Billing Information
Billing Address
To avoid payment delays,
University of Arkansas
invoice must include the PO
University of Arkansas
' referenced above
}
Contract no value
Accounts Payable
Quote number
1 321 Administration Bldg
1
' Fayetteville, AR 72701
_.__.. _...-...-__ ..
: United States
https://solutions. sci quest. c oIn/apps/Router/P OFax?poId=854193 92&tmstmp= 15 3 7274204... 9/18/2018