HomeMy WebLinkAbout08-22 RESOLUTIONFAIEJ
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 08-22
File Number: 2021-1028
2022 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 IN 2022 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
from January 1, 2022 through December 31, 2022, in the amount of $25.00 for each day the space is
used.
PASSED and APPROVED on 1/4/2022
Attest:-J��o A
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Kara Paxton City Clerk Treasu&-r 40
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Page 1 Printed on 115122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-1028
Agenda Date: 1/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.9
2022 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 IN 2022 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 from January 1, 2022 through
December 31, 2022, in the amount of $25.00 for each day the space is used.
City of Fayetteville, Arkansas Page 1 Printed on 11512022
Summer Fallen
Submitted By
City of Fayetteville Staff Review Form
2021-1028
Legistar File ID
1/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/14/2021 AIRPORT SERVICES (760)
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 Osher Lifelong Learning Institute for classes from January 1, 2022 through December 31st, 2022.
Budget Impact:
Account Number
Project Number
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:
Fund
Project Title
$
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 4TH, 2022
TO: Mayor Lioneld Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Summer Fallen, Airport Director
DATE: December 14, 2021
CITY COUNCIL MEMO
SUBJECT: University of Arkansas Osher Lifelong Learning Institute Lease Agreement for 2022
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 1st, 2022
through December 31st, 2022.
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 2022. The space occupied by Osher consists of 3,924 square feet. If we
had a 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
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
The purpose of this Lease Agreement is to establish an agreement between the City of
Fayetteville, Arkansas ("City") and the Board of Trustees of the University of Arkansas, acting
for and on behalf of the University of Arkansas, OSHER Lifelong Learning Institute ("OLLI")
for the use of space available in the City's Drake Field terminal building to conduct classes for
the Fall 2022 semesters.
1. Leased Premises. For and in consideration of the rents, covenants and agreements
herein entered into and agreed upon by OLLI as obligations to the City, the City Iets, leases and
demises unto OLLI, subject to the terms and conditions contained herein, the following described
property situated in Washington, County, Arkansas: Drake Field Terminal Building banquet area.
2. Term. This term shall commence on January 1, 2022, and shall end on December
31, 2022. The term of this lease may be terminated early by the City without cause only upon
sixty (60) days prior written notice. The term of this lease may be extended only upon the mutual
agreement of OLLI and the City.
3. Rent. OLLI agrees to pay to City of Fayetteville as rental for the term of this lease
the sum of $25.00 for each day it uses the Leased Premises. OLLI is not required to use the Leased
Premises for any minimum number of days each month. The Airport Administration Office will
prepare an invoice following the end of each calendar month based on the number of days the
Leased Premises are used by OLLI. Each monthly payment is due on or before the last day of the
month in which the invoice is received. 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 sixty (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 Terminal, which are 6:00 a.m .a. 10:00 p.m. Monday
through Friday and 8:00 a.m - 8:00 p.m Saturday through Sunday. OLLI shall coordinate with
the Airport Administration Office if the Leased Premises are required after 4:00 p.m 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 cancelled 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 day to clean up. OLLI is not required to dismantle or move its tables and chairs at
the end of the day unless notified by the Airport Administration Office.
5. Preemptive Use or Access by the City. OLLI acknowledges that the
Transportation Security Administration 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
Administration Office will make every effort to locate an alternative site at no additional cost to
OLLI 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 involved in rescheduling or relocating a class
when the Leased Premises are required for use by the Transportation Security Administration or
for maintenance issues.
6. Access to Airport Terminal Amenities. OLLI staff 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 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 allow storage of
media and other electronic equipment in 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 Terminal.
The restrooms near the post office are available for OLLI use. OLLI agrees to provide toilet
paper, paper towels and other supplies as needed for the restrooms to cover faculty, staff, student
and guest use.
7. Restricted Areas. Access by OLLI faculty, staff, students and guests to the Airport
Flight Line (including but not limited to the a ran runway, hangars is strictly 1roh;bited
OLLI faculty, staff, students and guests shall not enter any offices, rooms or areas not
specifically designated for their use in paragraphs 4 and 6 above. This includes, but is not limited
to, the flight planning area, pilot lounge areas, TV lounge and beverage station.
OLLI staff and students are not allowed the use the restrooms 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.
8. 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 area is identified in the
map attached as Exhibit A.
9. Cleaning and Maintenance. The City shall provide regular janitorial and
maintenance services for the Leased 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 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 OLLI from liability for the obligations imposed
by this lease. OLLI may only be released from liability by a specific written release executed by
the City.
11. Holdover. OLLI hereby agrees that upon termination of this lease by expiration or
by earlier termination for any reason whatsoever, it will remove its property from the Airport
Terminal immediately.
12. Termination. The City hereby reserves the right to terminate this lease at any time
during the term 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, OLLI will
remove its property from 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 under 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 remedies in the event of any future breach or default.
14. Succession. This lease agreement shalt 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 paragraphs and
subparagraphs will remain in full force and effect.
lb. Interpretation. This lease agreement shall be interpreted according to and
enforced under the laws of the State of Arkansas.
17. 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.
CITY OF FAYETTEVILLE:
By:
A7 L I;� I .
By:
BOARD OF TRUSTEES OF THE UNIVERSITY
OF ARKANSAS, ACTING FOR AND ON
BEHALF OF THE UNIVERSITY OF ARKANSAS,
OSHER LIFELONG LEARNING INSTITUTE
Digitally signed by Whitney
By: Smith, Agency
ProcuegMEM'Official, on
behalf of the Board of
Printed Name: Trustees of the University
.:-of ArRansas,act ngfor and
on behalf of the University
TItle: of Arkansas, Fayetteville
.— -. ^• Date.-284fifi3:0715:30:46
-06'00'
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KARA PAXTON , City CleK,�;- Q I
U:
FAYEITEVILLE :
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Exhibit A
OLLI Designated Parking Area