Sparks City Council Meeting 5/14/2018 2:00:00 PM

    Monday, May 14, 2018 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

General Business: 9.7

Title: Consideration, discussion and possible approval of the proposed Lease Agreement (AC-5472) between Nevada Veterans Memorial Plaza and the city of Sparks which will generate revenue of up to $23,000 over a period of 20 years.
Petitioner/Presenter: Tracy Domingues, Parks and Recreation Director/Tracy Domingues, Parks and Recreation Director & Chris Cobb, Parks Development Coordinator
Recommendation: Council approve the Lease Agreement.
Financial Impact: One thousand dollars ($1,000.00), due upon the effective date of the Lease; Two thousand dollars ($2,000.00), due upon January 1, 2019; Two thousand dollars ($2,000.00) due upon January 1, 2020; and One thousand dollars ($1,000.00) per year thereafter, due upon January 1, 2021, and January 1 of each year thereafter while the Lease remains in effect.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

This item is for the proposed lease agreement between the Nevada Veterans Memorial Plaza and the city of Sparks.  The Nevada Veterans Memorial Plaza is a non-profit organization whose purpose is to fully thank and memorialize the Military servicemembers who have given their lives so that others can live in a free nation and state through the construction of a plaza at the Sparks Marina Park.



Background:

In 2017, it was realized that the original proposed location for the Nevada Veterans Memorial Plaza on the Southeast corner of Greg Street and Sparks Blvd. was located in a floodplain and the search for a new site was initiated. In conversations considering Shadow Mountain Sports Complex as the new site, Tony Pehle, Recreation Supervisor suggested the Sparks Marina Park.  Staff met with board members of the Nevada Veterans Memorial Plaza, Mayor Martini, and City Manager Steve Driscoll at the Sparks Marina Park and the site was selected.

In late 2017, staff began work on the creation of the lease before you today.



Analysis:

Some of the terms and conditions addressed in the Lease are highlighted below:

  • Initial term of five (5) years with the option to renew the Lease for up to three (3) additional five (5) year terms.
  • Lessee agrees to pay Lessor as rent for the leased premises the sum of one thousand dollars ($1,000.00), due upon the effective date of the Lease; Two thousand dollars ($2,000.00), due upon January 1, 2019; Two thousand dollars ($2,000.00) due upon January 1, 2020; and One thousand dollars ($1,000.00) per year thereafter, due upon January 1, 2021, and January 1 of each year thereafter while the Lease remains in effect;
  • Lessee is permitted to conduct special events on the leased premises (Exhibit A);
  • Lessor will waive special event application fees for events organized by Lessee upon the leased premises.  If Lessee wishes to use the entire park for an event, the Lessor will not waive special event application fees or City service costs;
  • Trash and utilities;
  • Damage or destruction;
  • Lessee shall provide proof of its lawful status as a non-profit organization and a list of Lessee’s officers, directors, or managers each year on or before the anniversary of the effective day of this Lease;
  • Termination and Insurance conditions;
  • Lessee shall be responsible for all maintenance and repair of the premises and all improvements or infrastructure thereon, including but not limited to benches, trash receptacles, trees, plants grass, shrubs, flagpoles, lighting, railings, bricks, structures, memorials, walls, hardscape, curbs, sidewalks, security systems signs, kiosks, reader boards, educational or presentation systems, electrical systems to the point of connection with other electrical equipment within the Sparks Marina Park, irrigation systems upon the leased premises and to the point of connection with other irrigation systems within the Sparks Marina Park, and all other improvements thereon, whether designated as real or personal property;
  • Condition and fitness for use of demised premises;
  • Lessee shall be responsible for the security and safety of the leased premises and may take whatever steps are lawful and reasonably necessary under the circumstances to provide for the security and safety of the leased premises, persons, and animals thereon; and
  • Upon termination or expiration of the Lease, all improvements and fixtures upon the leased premises shall become the sole property of the Lessor.

This lease was approved by the Parks and Recreation Commission on April 25, 2018, as presented by staff.  The Lease will be in effect upon Council approval.



Alternatives:

The City Council may elect not to approve the proposed lease between the Nevada Veterans Memorial Plaza and the city of Sparks.

The City Council may elect to recommend revised language prior to approval of the lease between the Nevada Veterans Memorial Plaza.

The City Council may elect to approve the proposed lease between the Nevada Veterans Memorial Plaza and the city of Sparks.



Recommended Motion:

I move to approve the proposed lease agreement between the Nevada Veterans Memorial Plaza and the city of Sparks which will generate revenue of up to $23,000 over a period of 20 years.



Attached Files:
     Final Draft NVM Lease Agreement 4 17 18 Clean.pdf
     NVMP exhibits for lease agreement.pdf
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