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Home My WebLink About196-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 196-21 File Number: 2021-0529 DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT 42 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT 41 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS 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 authorizes Mayor Jordan to sign the Amendment 42 to the Lease Agreement with Dickson Street Central Improvement District # 1, a copy of which is attached to this Resolution and made a part hereof, for management of the 55 parking spaces on the Gregg Avenue Parking Lot for a term of one (1) year with automatic renewals for up to five (5) additional one year terms. PASSED and APPROVED on 8/03/2021 Attest: ��bwut\' Lisa Branson, Deputy City Clerk Page i Printed on 813121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0529 Agenda Date: 8/3/2021 Version: 1 Status: Passed In Control: City Council Meetinq Agenda Number: A.4 File Type: Resolution DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS 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 authorizes Mayor Jordan to sign the Amendment #2 to the Lease Agreement with Dickson Street Central Improvement District #1, a copy of which is attached to this Resolution and made a part hereof, for management of the 55 parking spaces on the Gregg Avenue Parking Lot for a term of one (1) year with automatic renewals for up to five (5) additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 81412021 Justin Clay Submitted By City of Fayetteville Staff Review Form 2021-0529 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/7/2021 PARKING MANAGEMENT (430) Submitted Date Division / Department Action Recommendation: Amending Lease Agreement with Dickson Street Central Improvement District No. 1 to renew agreement for management of the Gregg Avenue parking lot Budget Impact: NA NA Account Number Fund NA NA Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director & City Engineer FROM: Justin Clay, Parking Manager DATE: July 7, 2021 SUBJECT: Amending Lease Agreement with Dickson Street Central Improvement District No. 1 to renew agreement for management of the Gregg Avenue parking lot RECOMMENDATION: Staff recommends renewing the Lease Agreement with the Dickson Street Central Improvement District No. 1. for management of the 55 parking spaces on the Gregg Avenue parking lot. The term of this Amendment #2 to the original lease agreement will be for one (1) year with an automatic annual renewal for up to five (5) additional years. BACKGROUND: The City entered into the original Lease Agreement with the Dickson Street Central Improvement District No. 1 (District) on October 31, 2003. DISCUSSION: The agreement is up for renewal and provides for the City to lease the parking lot owned by the District and operate the property as a revenue producing off-street parking lot available for public use. The City collects the parking revenues and provides parking enforcement for the leased premises. The City then pays the District the net operating revenues derived from the leased premises ("net operating revenues" are the gross revenues less all costs of equipping, maintaining, and operating the leased premises by the City). BUDGET/STAFF IMPACT: There is no budget impact. Expenses incurred for maintaining this lot are directly retained by the City from the revenues generated from the lot. The remaining revenues are paid back to the Parking District on a quarterly basis. Attachments: Amendment #2 to the original lease agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDMENT #2 TO LEASE AGREEMENT BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas (the "City") and the Dickson Street Central Improvement District #1 of the City ca Fayettcvi le. Arkansas therrinal er rel'crred to ;tiff "DSt'IU"l. nit this day of� 2021. hercbv agree that lhrir lease Agreement of V ebruary 6, 2009. shall be amai f d by extending the term of the Lease Agreement for a term of one (1) year from the effective date of this Amendment as set forth above, after which it shall automatically renew for five (5) additional one (1) year terms, unless the parties, by mutual agreement, choose to amend or terminate the Lease Agreement prior to the expiration of the then current term. The parties agree and understand that this Amendment is supplemental to their Lease Agreement of February 9, 2009, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. Dickson Street Central Improvement District No. 1 of the city of Fayetteville, Arkansas By: "nanissioner C'o nmis .1 111er Commissioner - - ATTEST! LAW)""�Jyl Kara Paxton, City Clerk) real er AMENDMENT #i TO LEASE AGREEMENT BE IT KNOWN TO AI,L: That the City of Fayetteville, Arkansas (the "City") and the Dickson Street Central Improvement District 1 of the City of Fayetteville, Arkansas (hereinafter referred to as "DSCID"), on this day of 2015, hereby agree that their Lease Agreement of February 6, 2009, shall be amended by extending the term of the Lease Agreement retroactively from February 6, 2015, for a term of one (1) year from the effective date of this Amendment as set forth above, after which it shall automatically renew for five (5) additional one (1) year terms, unless the parties, by mutual agreement. choose to amend or terminate the Lease Agreement prior to the expiration of the then current term. The parties agree and understand that this Amendment is supplemental to their Lease Agreement of February 9, 2009, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. ATTEST: 4AaAw= & - Zl't's. &- — Sondra E. Smith, City Clerk/Treasurer Dickson Street Central Improvement District No, I of the city of Fayetteville, Arkansas By:3 %-V1111 "301V1"11 Cit 1 Y _ ; FAYETTEVILLE;�= 9�, •.'aka NSP. ••�'.�' jifill J• EXHIBIT "A" Lot 70 - located on the southeast corner of Gregg Avenue and Lafayette Street r 4 Parcel 3 A part of the WINE1 of Section 16, T16N, RXM . Washington Cour._y. Arkansas, being more particularly described as follows: Commencing at the intersection of the North line of Dickson Street with the East line of Gregg Street, said point being 15.0 feet East and 13.0 feet North of the Southwest corner of the JOWALL thence along the North tine of Dickson Street R896511380E a distance of 105.0 feet; thence 100`08`22'14 a distance of 250.0 feet to a found iron Rail for a Point of 6"inaing; thence r parallel to and 22.51 feet West of the center of the tracks of the Sarlington ck� Northern Railroad Company (formerly St. Louis -San Francisco Railroad Company) 11000'11157"W a distance of 146.86 feet to the begirming of a curve to the left having a radius of 1326.63 feet; thence continuing Northerly along said carve 0 through a central angle of 13'15'27' an arc l$ngth of 306.96 feet; thence along the South edge of the pavement of Lafayette Avenue S71'Z8'04'ii a {� distance of $4.81 feet to the East curb line of Gregg Street; thence along the East curb of Gregg Street 501018'24 W a distance of 18,16 feet; thence SOS'33'00'W a distance of 140.43 feet; thence SD4*02'35'W a distance of 71.28 feet; thence S01011'231W a distance of 164.32 feet to a point on the East curb of Gregg Street from which a found Iron hail bears N84'51'36"E a distance of 5.5 feet; thence N89'S1'38"E a distance of 109.8 feet to the Point of Eieginning containing 0.94 acre. more or less. (Cass 15exe�ae to Burney: PaxneI 3 Is described an a plat by itself on Drarlm Aft,-16) . BM 9363 Fayetteville. AR 10.08A59 t+ii: LIMAN LEASE AGREEMENT This lease Agreement executed this ( day of Qk 4f 2009, by and between DICKSON STREET CENTRAL RvIPROVEMENT DISTRICT NO. 1 of the City of Fayetteville, Arkansas (hereinafter referred to as "DSCID"), and the CITY OF FAYETTEVILLE, Arkansas (hereinafter referred to as "the City"). In consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. DSCID hereby leases to the City, and the City hereby leases from DSCID, the real property described in Exhibit A, attached hereto and made a part hereof. 2. The term of this Lease shall be for a period of one (1) year, with an automatic annual renewal for up to FIVE (5) additional years, commencing on the date of execution hereof. 3. The City hereby agrees that during the term of this Lease, or any extension thereof, the City shall operate the leased premises as revenue producing off-street parking lots; the City agrees to equip the leased premises with parking meters or parking gates; the City agrees to collect the revenues from the parking meters or parking gates located on the leased premises; and the City agrees to police the lease premises to insure that motorists parking thereon are paying required usage fees as are now, or as may hereafter, be established by the City. 4. The City agrees to pay over to DSCID during the term of this 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 of equipping, maintaining, and operating the lease premises as off- street parking lots. Said revenues shall be paid to DSCID quarterly. 5. DSCID reserves the right to be release from the terms and obligations of this Lease at any time, provided, however, that DSCID shall provide the City NINETY (90) days written advance notice of such intent. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. DICKSON STREET CENTRAL IMPROVEMENT DISTRICTQNO. 1 pf the City of Fayetteville, Arkansas ATTES - By:Pj S ndra Smith, City Clerk T\(\, . CITY OF F ETTEVULLE, ARKANSAS Y= Lioneld Jordan, or 1,1111411ffllf�l��/ FAYETTEV I LLE ; A4je TON 0 f�'l00d11406 0%