BILL NO. 604 RESOLUTION __________
A RESOLUTION AUTHORIZING THE CITY OF WEST PLAINS, MISSOURI TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF WEST PLAINS, MISOURI, A MUNICIPAL CORPORATION, AND THE BOARD OF GOVERNORS OF SOUTHWEST MISSOURI STATE UNIVERSITY FOR THE LEASING OF THE WEST PLAINS CIVIC CENTER FOR CERTAIN SCHOOL FUNCTIONS.
WHEREAS, the City of West Plains, Missouri desires to execute a lease agreement with the Board of Governors of Southwest Missouri State University leasing the West Plains Civic Center for certain school functions to said Board of Governors of Southwest Missouri State University.
WHEREAS, the City of West Plains, Missouri and Board of Governors of Southwest Missouri State University, have agreed upon the terms and conditions of said lease agreement which the City Council of the City of West Plains, Missouri deems just, fair and reasonable;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI AS FOLLOWS:
Section 1: That the City of West Plains, Missouri, be, and hereby is, empowered and authorized to execute the lease agreement with the Board of Governors of Southwest Missouri State University, (Exhibit A Attached) hereto and incorporated by reference herein and made a part hereof.
Section 2: That Mayor Joe Paul Evans is hereby authorized and directed to execute said lease agreement for and on behalf of the City of West Plains, Missouri, and City Clerk Connie Shelton is hereby authorized and directed to attest the execution of said Lease Agreement by Mayor Joe Paul Evans and affix the seal of the City of West Plains, Missouri thereon.
Section 3: That this Resolution shall be in full force and effect from and after its date of passage and approval.
PASSED AND APPROVED THIS __________DAY OF ______________, 2002.
CITY OF WEST PLAINS, MISSOURI
________________________________________
MAYOR JOE PAUL (J.P.) EVANS
ATTEST:
_____________________________
CITY CLERK CONNIE SHELTON
LEASE CONTRACT
This contract and agreement is entered into this first day of July 2002 by and between the City of West Plains, d/b/a, The West Plains Civic Center Board, hereinafter referred to as “Lessor”, and the Board of Governors of Southwest Missouri State University, hereinafter referred to as “Lessee,” whereby Lessor agrees to lease the West Plains Civic Center to Lessee to be used for certain Southwest Missouri State University - West Plains (SMSU-WP) functions for a term commencing July 1, 2002, and ending on June 30, 2003, under the following terms and conditions.
1. Lessor obligations.
a. Lessor Board of Directors will be provided a schedule of SMSU-WP events for the fiscal year of the lease prior to, but no later than the first day of the fiscal year. Any objections to that schedule of events must be received within ten (10) days. Conflicts to schedule will be resolved through provisions in paragraph 3.a. Lessee will notify Lessor of any schedule changes no less than one week prior to the event. Schedule changes are subject to time and space availability.
b. Lessor will not schedule events that conflict with scheduled events such as basketball games and volleyball matches and during scheduled practice times on the day before a scheduled athletic event. The Lessor can schedule events during athletic practices; however, lessor will pursue events judiciously in recognition that athletic practices are vital to team performance.
c. Lessor will provide such staffing as Lessor requires, e.g., housekeeping, ushers, ticket-takers, ticket sellers, stagehands, security and EMT personnel for required events at Lessee’s expense. Lessor will actively supervise said staffing to ensure satisfactory performance standards are met. Lessor will determine minimum and maximum staffing requirements and provide wage rates with an estimated annual cost at Appendix A.
d. Lessor shall furnish staff at Lessee expense for the cleaning up, setting up, and tearing down of any equipment incidental to Lessee’s use. Lessee may provide additional services and personnel as needed.
e. Lessor reserves one weekend per month for events in arena and exhibit hall or as agreed by both parties.
f. Lessor shall furnish office and storage space for the athletic teams on the second floor of the civic center. Construction cost of said area will be reimbursed under a separate addendum, dated 26 July 1999. Reimbursement is in addition to the annual lease amount set forth in paragraph 3.i and is incorporated herein by reference at Appendix B. Lessee is responsible for housekeeping maintenance and Lessor is responsible for facility maintenance of said area. Lessor shall furnish all Lessee tenants keys to access facility.
Lease Contract
West Plains Civic Center and Southwest Missouri State University
1 July, 2002
Page 2 of 5
g. Lessor shall make available the First Aid Room for the Coordinator of Fitness and Athletic Training. Lessee will furnish own supplies and equipment as required.
h. Lessor shall retain the concession operations at all events; however, Lessee may sell SMSU-WP apparel and other non-food type items at SMSU-WP athletic events.
i. Lessor shall have all rights pertaining to signage inside and outside of the
contracts. With Civic Center Executive Director approval, athletic sponsors may display temporary promotional signage.
j. As an exception to paragraph 1.i., Lessor shall allow Lessee to display athletic recognition banners, college bookstore banner, a media/scorer table with promotional advertisement and an athletic trophy case in the facility. Lessor Board of Directors must approve location.
k. Lessor will pay Lessee the standard rental fee for use of Lessee’s equipment, e.g., television, videocassette recorder, sport-court, team chairs, basketball portable/affixed goals, volleyball nets, etc., as defined in Appendix C.
2. Lessee obligations.
a. Lessee will provide worksheets indicating the staff and equipment requirements no less than one week prior to events. A three-day notice is required for any additional event staffing request.
b. Lessee will be charged the standard rental fee for the usage of civic center equipment that is normally charged to other lessees. A rental fee will be charged for tables, chairs, staging, portable sound system, etc., that exceed the standard setup in the
theater, arena, and exhibit hall. Civic center worksheet for standard room and area setups are referenced in Appendix D.
c. Lessee shall be responsible for the movement and maintenance of Lessee owned property incidental to both partys’ events.
d. Lessee is required to properly store all athletic equipment after each practice, game and match. The kitchen area will not be used for athletic equipment storage.
e. Lessee will not use meeting rooms for high intensity exercise classes.
West Plains Civic Center and Southwest Missouri State University
1 July, 2002
Page 3 of 5
f. Lessee will retain all gate receipts for SMSU-WP activities.
3. Mutual obligations of the parties.
a. Both parties hereto shall jointly select a four-member committee, whose membership shall include the Civic Center Executive Director and University/Community Programs Director, to review the scheduling and it shall be the function of said committee to resolve any conflicts between the scheduling of events. Upon no consensus of the committee, the Lessor Board of Directors will have final resolution authority. It is agreed that the party initiating the change in schedule will be responsible for reimbursement of any additional cost incurred to relocate the events.
b. Both parties agree that the standard floor surface for the arena is the basketball court flooring during the athletic schedule of 1 August through 28 February. Lessee will not be responsible for charges incurred for the movement of flooring during this period unless initiated by Lessee. Both parties agree that the cost of each floor movement is $220 dollars, with a total cost of movement ceiling of $2750 dollars for the above stated period. Lessee has full use of flooring during said schedule unless use conflicts with Lessor’s schedule as referenced, defined, and agreed to in this contract.
c. Both parties resolve to participate and practice effective energy management. Both parties shall select a four-person task force that will develop an energy management plan and guidelines to be adopted by both parties in the interest of energy conservation within the facility.
d. Both parties understand that food brought into the facility must be from an approved caterer or approved by the Civic Center Executive Director. If caterer charges for food, a 10% catering fee is due to the civic center. If food is complimentary, no fee is due. This includes all functions at the facility, e.g., athletic events, camps, leagues. There is an exception to the catering policy for the University/Community Programs.
e. Both parties understand that the SMSU-WP Grizzly Booster Club may purchase, bring in and serve prepackaged food to booster club members in the booster room, provided such food is approved by the Civic Center Executive Director or Lessor Board of Directors. The club may not sell any food items, and, if popcorn is used in the booster room, it must be purchased from Lessor. The club is responsible for ordering products and supplies necessary for the booster room.
f. When Lessee’s usage is for an athletic event, the SMSU-WP Grizzly Booster Club shall have control and exclusive use of the south and east parking lots at the Civic
West Plains Civic Center and Southwest Missouri State University
1 July, 2002
Page 4 of 5
Center, as in the areas contracted in the 2000-2001 year and any additional areas as agreed by both parties. Lessee agrees to provide parking permits to booster club members. Lessee will be responsible for controlling access to the booster room. Lessor will be responsible for actively supervising staff that support inside booster room and outside parking lot functions.
g. The parties intend and agree that the provisions of this contract shall be governed by § 70.210-320 R.S. Mo., and the officers identified herein are authorized and vested with the powers as set forth therein, consistent with the purposes of the joint venture as described herein.
h. The parties each agree that in the performance of this contract, each shall comply with all applicable laws and regulations, including (where applicable), Title VI of
the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681; The Americans with Disabilities Act 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Civil Rights Acts of 1866 and 1871, 42 U.S.C. §§ 1981 and 1983; and Executive Order 11246. More specifically, the parties agree that in the performance of this contract they will not discriminate on the basis of race, age, color, religion, sex, national origin, ancestry, disability and/or Vietnam veteran status in employment, treatment, admission or access to programs or activities.
i. In consideration of the leasing of said facility, Lessee shall pay Lessor the sum of Eighty Thousand Seven Hundred and Seventy-two Dollars ($80,772) for the year. The amount is to be paid in twelve monthly payments of Six Thousand Seven Hundred Thirty-one Dollars ($6,731) with the first payment due and payable on the first of July, 2002 and each succeeding payment becoming due and payable on the first day of each month through 1 June, 2003.
IN WITNESS WHEREOF, the parties have executed this contract as the duly authorized representative of their respective governing boards.
Lease Contract
West Plains Civic Center and Southwest Missouri State University
1 July, 2002
BOARD OF GOVERNORS,
SOUTHWEST MISSOURI STATE UNIVERSITY
___________________________ By___________________________________
Date President, Board of Governors
Attest:
____________________________
Secretary, Board of Governors
CITY OF WEST PLAINS
____________________________ By____________________________________
Date Mayor
Attest:
____________________________
City Clerk
Attachments:
Appendix A, Staffing Requirements and Wage Rate
Appendix B, Contract Addendum
Appendix C, SMSU-WP Rental Rate
Appendix D, WPCC Rental Worksheet and Standard Setup
West Plains Civic
Center
Staffing
Requirements
Appendix A
Lessor shall furnish staff at Lessee's expense for SMSU events held in the Civic Center. Staffing requirements shall be as follows:
* For each Grizzly volleyball game or tournament lessor shall furnish one EMT; at least one but no more than four security police; at least two but no more than four housekeepers and at least one but no more than four servers for the Grizzly Room.
* For each Grizzly basketball game or tournament lessor shall furnish at least one but no more than two EMT's; at least four but no more than eight security police, at least four but no more than eight housekeepers, at least two but no more than four Grizzly Room servers.
* For each theater event lessor shall furnish one EMT, at least one but no more than two security police and at least one but no more than two housekeepers. Ticketsellers, ushers and/or tickettakers shall be provided according to prior arrangement.
* For catered events lessor shall furnish at least one but no more than four housekeepers.
Lessor shall be responsible for determining at what time staff is to report to work and at what time they shall be dismissed. Lessor shall provide staff with guidelines of responsibilities and conduct to be followed while on duty at the Civic Center. Requests concerning such by lessee shall be made to the Civic Center Director.
Lessee's estimated cost for staffing and equipment is $21,000.00. Estimated cost could increase or decrease due to event requirements.
Appendix A
WHEREAS, the parties, the City of West Plains d/b/a the West Plains Civic Center Board (“Lessor”) and the Board of Governors of Southwest Missouri State University (“Lessee”) have as of the first day of July, 1998, entered into a lease Contract with regard to the West Plains Civic Center, to extend through June 30, 2000; and
WHEREAS, the parties desire to amend that Contract according to the terms
set forth following, all other provisions of the Contract remain in full force
and effect, except as modified by this Addendum. The parties hereby agree to amend the Contract according to the
following terms and conditions.
1. Lessor shall construct within the Civic Center additional office
space suitable for coaching offices or other educational purposes (the
“Additional and Renovated Premises”) consisting of approximately three thousand
two hundred seventy (3,270) square feet, in the locations and according to the
additional specifications set forth in the attached Exhibit A. The construction
will be complete, according to similar standards of construction with regard to
other office space in the Civic Center, including painted drywall, floor
covering, heating, ventilation and air conditioning. Lessor shall be responsible for all construction and costs, which
shall not exceed Sixty-five Thousand Dollars ($65,000). The construction will be commenced no later
than June 28, 1999, and completed no later than August 18, 1999, and upon
completion shall be considered part of the leased premises according to the
lease Contract. However, Lessee shall
provide architectural/engineering services, and plans and specifications
adequate to perform the construction.
2. Upon completion and delivery of the finished construction
to Lessee, Lessee will commence paying rent September 1, 1999 on the additional
and renovated premises at the completed construction cost plus Four and
One-quarter percent (4.25 %) interest.
The rate shall not exceed Three Dollars and Twenty-nine Cents ($3.29)
per square foot per year, one-twelfth (1/12) of which is to be paid monthly
according to the Contract. This shall
be considered an additional payment above the monthly payment set forth in the
lease Contract and shall continue as an additional payment for a period of
eighty-four (84) months, at which time the additional payment will be
discontinued and any rental amount for the additional and renovated premises
will be included in the Contract amount.
Addendum to Contract
West Plains Civic Center and
Southwest Missouri State University
July, 1999
Page 2 of 2
3. The parties are aware that the current
lease Contract will expire on June 30, 2000.
The parties contemplate that the agreement may be extended or renewed,
and in that case, the additional payments as set forth above will continue
through any extended or renewed lease Contract. However, should the lease Contract expire and not be extended or
continued prior to the number of months set forth for additional payment as set
forth in the preceding paragraph, Lessee will owe Lessor at the expiration of
the lease Contract a sum equal to the number of months remaining for which an
additional payment has not been made.
For example, if the lease Contract expires on June 30, 2000, the number
of months of additional payment left remaining shall be seventy-four (74)
months, and the additional payment due Lessor shall be Sixty-six Thousand, Three Hundred Forty-three Dollars and
Twenty-two Cents ($66,343.22).
IN WITNESS WHEREOF,
The parties hereto have set their hands and seals by their authorized agents.
LESSEE:
BOARD
OF GOVERNORS
SOUTHWEST
MISSOURI STATE UNIVERSITY
_________________________
By____________________________________
Date President,
Board of Governors
Attest:
_________________________
Secretary, Board of
Governors
LESSOR:
CITY
OF WEST PLAINS
_________________________ By____________________________________
Date Mayor
Attest:
_________________________
City Clerk
Appendix B
SOUTHWEST MISSOURI STATE
UNIVERSITY – WEST PLAINS
RENTAL PROPERTY – PER DAY
CHARGES
Television and
Videocassette recorder $25
Team Logo Chairs $25
Sportcourt $50
Basketball portable goal $15 per goal
Basketball affixed goals $15
Volleyball net/poles $15
Volleyball
official stand $10
Large
Projection Screen $25
Projector $50
Appendix C
STANDARD ROOM AND AREA SET-UPS
ARENA AND EXHIBIT HALL
Maximum athletic event setup requirements
Use of the arena floor
Use of scoreboard and goals/nets
Table skirted and two chairs in lobby
Tables skirted as required for incidental use
Tables skirted for university sales with electrical
support
Equipment provided for band setup- (as needed)
platforms, chairs, pipe and drape
Announcer table with 10 chairs
SMSU-WP team chairs
Sound system for announcer and national anthem
Locker
rooms, one per team, additional rooms as necessary for multiple team tournament
Locker room for game officials
Hospitality area for visiting team and coaches when
required
Six
round tables skirted and four banquet tables skirted for Grizzly Booster
Club room
Table skirted and 2 chairs at east door
Appendix D
West
Plains Civic Center Rental Worksheet
Date:__________________________________Date(s)
of Event:____________________________
Type of Event oMeeting o Seminar oPool oExhibit/Trade Show
oEntertainment oSporting oClass
WPCC
Rep._____________________ Hours:_____________________________________
Load
in:____________________
Name
of Event:_______________________________
Load
out:________________________
SMSU
Contract______________________________
U/C
P Contract______________________________
Bill
To:______________________________________
Contact:__________________________ Address:____________________________________
Phone:___________________________ ___________________________________
Deposit:________________________
Number
of Attendees:_________________________
Room Setting:
Theater Style Banquet/Classroom #days Total
Meeting Rooms: Com NP/P Com
NP/P
Redbud
1 ______$72 _____$50 ______$94 ____$61 _____ __________
Redbud
2 ______$72 _____$50 ______$94 ____$61 _____ __________
Redbud
1&2 ______$121 _____$85 ______$152 ____$106 ____ __________
Walnut
Room ______$77 _____$55 ______$99 ____$66 ____ __________
Dogwood
1 ______$77 _____$55 ______$99 ____$66 _____ __________
Dogwood
2 ______$61 _____$44 ______$77 ____$55 _____ __________
Dogwood
3 ______$77 _____$55 ______$99 ____$66 _____ __________
Dogwood
1&2 _____$110 _____$77 ______$138 ____$99 _____ __________
Dogwood
2&3 _____$110 _____$77 ______$138 ____$99 _____ __________
Dogwood
1&2&3 _____$193 _____$132 ______$242 ____$171 ____ __________
Magnolia _____$220 _____$154 ______$264 ____$187 ____ __________
Mezzanine ______$50 _____ __________
Lobby ______$50 _____ __________
Arena
& Exhibit Hall: ______ $1210.00 vs 10% ________________
Move in/out _____ $605.00 ________________
Non-Profit _____ $605.00 ________________
Move in/out(NP) _____ $242.00 ________________
BB Floor Change _____ $605.00 ________________
Exhibit
Hall _____ Com $330.00 ________________
Exhibit
Hall _____ NP/P $275.00 ________________
Box
Office _____ $248 vs 3% ________________
Novelties 25%
of gross ________________
Credit
Card Charge 4% of gross ________________
Theater:
Commercial _____ $440.00 vs 10% ________________
Move in/out _____ $220.00 ________________
Non-Profit _____ $330.00 vs 10% ________________
Move in/out(NP) _____ $165.00 ________________
Seminars _____ $220.00 ________________
1. Theater set-up includes chairs, skirted head
table and skirted food table.
2.
Banquet/Classroom set-up includes tables, chairs, 2 skirted head tables
and 2 skirted food tables.
Appendix D
Equipment Needed: Qty. Total
ADA
Ramp _____ $25.00 _______________
Round
w/chairs _____ $5.00 _______________
Round
w/o chairs _____ $2.00 _______________
Banquet
w/chairs _____ $5.00 _______________
Banquet
w/o chairs _____ $2.00 _______________
Banquet
w/skirts _____ $3.00 _______________
Round
w/skirts _____ $3.00 _______________
Booths
w/drapes _____ $35.00 ea. _______________
Elec.
Hook-up _____ $12.00
day _______________
Piano(keyboard) _____ $50.00
day _______________
Room
phone _____ $12.00 day _______________
Pipe
& Drape _____ $1.per ft _______________
Chairs _____ $.25each _______________
Podium _____ $10.00 _______________
Staging _____ $8.50
section _______________
Sound
System _____ $50.00 day _______________
Phone
(concerts, etc.) _____ $100.00 day _______________
Flip
Chart _____ $15.00 _______________
Erasable
Board _____ $15.00 _______________
Overhead
Projector _____ $25.00 _______________
Slide
Projector _____ $25.00 _______________
Projector
Screen _____ $12.00 _______________
VCR/Monitor _____ $25.00 _______________
Easels _____ $5.00 _______________
Cassette/CD
Player _____ $25.00 _______________
Ticket
Sellers _____ $15.00 hr. _______________
Housekeeping _____ $12.00hr. _______________
Ushers/Ticket
Takers _____ $10.50hr. _______________
Stagehands _____ $12.00 hr. _______________
Security
in house _____ $12.00 hr _______________
First
Aid (EMT) _____ $11.25 hr. _______________
Police _____ $13.50 hr. _______________
Photocopies _____ $.10 ea. _______________
Catering:
Coffee _____ $.60 cup _______________
Tea _____ $.60 cup _______________
Soda
in Cooler _____ $.75
can _______________
Barrel
of ice _____ $5.00 _______________ Total _______________
Date
Confirmed:_______________________ Confirmed
By:_________________________________
Notes:
Notes:
1.
Marquee________________________ Copy
to:oCheryl oJim oScheduled