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HomeMy WebLinkAbout91-88 RESOLUTION RESOLUTION NO. 91-88 SCANNED A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION TO THE CITY' S LEASE AGREEMENT WITH THE ECONOMIC OPPORTUNITY AGENCY FOR THE SANG AVENUE SENIOR CITIZENS CENTER. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a modification to the City' s lease agreement with the Economic Opportunity Agency for the Sang Avenue Senior Citizens Center to obligate the City to enter into a similar lease with the Area Agency on Aging of Northwest Arkansas or its designated subcontractor. A copy of the modification of lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof . PASSED AND APPROVED this 6th day of December , 1988 APPROVED By: I d Ma or 0 Cillb44/".-4-'1* -' Fkrf ATPrir- I , - .•'1,,j► `; - :F girl. 1C A 4. 401K r G \ , ' 1LMfp MODIFICATION OF LEASE AGREEMENT This DIFICATION OF LEASE AGREEMENT executed this ! 4 day of , 1988 , by the City of Fayetteville, Arkansas, her inafter called "Lessor" , and the Economic Opportunity Agency of Washington County, Inc. , hereinafter called "Lessee" . WHEREAS, Lessor and Lessee have entered into a lease agreement dated December 22, 1981 , a copy of which is attached hereto marked Exhibit "A" and made a part hereof; and WHEREAS, the parties desire to modify said lease agreement. NOW, THEREFORE, Lessor and Lessee hereby agree that the aforesaid lease agreement is hereby modified as follows: 1 . Paragraph 2 of said lease agreement is hereby modified by adding the following: However, Lessor shall be obligated to enter into a similar lease with the Area Agency on Aging of Northwest Arkansas or its designated subcontractor which has been awarded funds to provide services to the Sang Avenue Senior Citizens Center. 2 . As modified hereby, the aforesaid lease agreement shall continue in full force and effect. IN WITNESS WHEREOF this Modification of Lease Agreement has been executed on the date first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor erlitA4.4-1 ATTEST , By: L1�t,L ))/CLAV-41 y erk E C /-OPP• 'TU TY AGENCY OF r WASHINGT N COUN . , INC. By: ,QL� �SSQ,J Title: (rcc - 1Kc�cTG( , ATTEST By: Title: (Jc( . � y -� 5.03 LEASE AGREEMENT y`� ( THIS AGREEMENT executed this ��� day of l.i_c.. . 1981, by and between the City of Fayetteville, Arkansas, hereinafter called Lessor, and Equal Opportunity Agency, hereinafter called Lessee. In consideration of the mutual covenants contained herein, Lessor and Lessee hereby agree as follows: 1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described real property and all improvements thereon, to be used for the purpose of a Senior Center: Lot Numbered One (1) in Block Numbered One (1) Abshier's Third Addi- tion to the City of Fayetteville, Arkansas, as per plat of said Addi- tion on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Commercial dishwasher, electric food warmer, three (3) compartment sink, and two (2) range hoods are the property of the Lessor and will remain with the building as permanent fixtures thereof. 2. The original term of this Lease shall commence on theoG'day of C.0 . , 1981, and shall terminate on the�� �,C day of 1983 at j,'CD o'clock p. M. This Lease shall be automatically extended for additional terms of two years unless written notice of termination is given by Lessor or Lessee to the other party. Notice to the Lessor shall be given in writing to the City Manager's Office, P. 0. Drawer "F", Fayetteville, Arkan- sas, 72702, at least thirty (30) days prior to expiration of the original term of this Lease. Adequate notice shall be termed given by the Lessor in a written notice to be deposited in the United States mail, postage paid, at least thirty (30) days prior to expiration of the original term of this Lease. 3. In consideration for the use of the demised premises, Lessee agrees to pay Lessor the sum of One Dollar and no/100 ($1.00) per year payable in advance on or before the / day of each ' _=-ruiCt�c 4. Lessee agrees to provide the following services to eligible elderly residents of the City of Fayetteville: a. :lours of site operations will be 8:00 A.M. to 5:00 P.M. , Monday through Friday, except for holidays as observed by the City of Fayetteville. b. Provisions will be made for snacks and lunch. c. Transportation to and from the Senior Center will be provided, . where available, free of charge, for participants who are without transportation. d. Recreation activities at the Senior Center will be offered at regularly scheduled times during the week. Possible ideas Lease 1grctmunt - 2. 5.04 could include Geriatric exercises, quilting, arts and crafts, wood carving, bingo, card games, sing-a-longs, dance classes, dominoes, horseshoes, drama, pool, etc. e. Information and referral services will be available from 8:00 A.M. to 5:00 P.M. Files on community resources and contact persons will be kept to assist persons making telephone inquiries, as well as being available to participants at the Center. f. Informative programs by spokesmen from service organizations will be presented on a scheduled basis. Topics may include Fire Prevention, Crime Prevention, gardening techniques, etc. g. Health and Welfare Counseling will be available on a scheduled basis. Basic Blood Pressure screening will be conducted monthly. Counseling and discussions by Ozark Guidance Center will be con- ducted on a regular basis. Representatives from S.S.I Social Services, and Social Security will be scheduled to answer questions and advise participants. Representatives from appropriate agencies will be scheduled to utilize Center office on a rotating basis. h. Nutrition Education will be presented once each month during the meal service hour. i. A congregate meal site will be operated. j . Home Delivered Meals going to home-bound participants in Fay- etteville will be served in individual carry-out trays at the Center. k. The Center will serve as the Elderly Nutrition Kitchen. 5. Minimum Senior Center staff requirements will be: a. Full-time Site Manager/Secretary - implementation of the Service Management, keep records, and work with information and referral. b. Full-time Social Director - social and recreational planning and implementation. c. Full-time Food Service Coordinator and adequate kitchen staff. d. Volunteers will be used whenever possible. e. Only offices directly connected with the Elderly Nutrition Program/Senior Center Operation will be housed at the Senior Center. A Site Council, one member of whom will represent the City of Fayette- ville, will advise policy decisions concerning site activities and functions. Fifty-one (510) percent of the council will be participants of the Center. Suggestions for site operations will be passed through them. 6. Lessee shall be responsible for payment of all utilities, including electrical bills, natural gas bills, water and sewer bills, sanitation service bills, telephone bills, and cable television bills. 7. Lessee agrees that it will keep and maintain the demised premises and all improvements thereon in good condition and repair at all times. . Lease Agreement - a. 5.05 Lessee agrees to be responsible for yard maintenance and for the main- tenance of all heating, electrical and air-conditioning equipment and plumbing on the premises. Lessee, at its cost and expense, shall maintain and keep the premises in as good repair as when the premises were received or in their highest state of repair during the lease term, ordinary wear and tear and casualties beyond Lessee's control alone excepted, and Lessee shall return the leased premises at the expiration or termination of this Lease in good order and condition excepting only ordinary wear and tear and casualities beyond Lessee's control. 8. Lessee agrees to carry fire and extended coverage insurance on the improvements on the demised premises, which policy shall name Lessor as an insured and Lessee agrees to maintain said policy in force throughout the terms of this Lease or any extension thereof. Said policy shall be in an amount specified by Lessor. Lessee shall file a copy of said policy with the City Clerk of Lessor. Lessee agrees to notify Lessor in writing of any amendments to or cancellations of said policy. 9. Lessee shall maintain at all times a current and complete record of all activities conducted on the leased premises in a form requested by Lessor, and Lessee shall submit a monthly activity report to Lessor's De- . partment of Community Development on or before the 15th of each month. Les- sor and the United States Department of Housing and Urban Development shall have complete access to all of Lessee's records during all reasonable hours and shall have the right to inspect and copy said records. 10. Lessee shall maintain complete and accurate monthly financial statements for all activities conducted on the leased premises. Lessee shall notify Lessor immediately if Lessee's funding should be terminated by any of Lessee's Grantor Agencies. 11. Lessee agrees to hold Lessor harmless for any claim, expense, loss or liability suffered or occasioned as a result of Lessee's use or occupancy of the demised premises. 12. The Lessee agrees to comply with all rules and regulations as established by the Department of Housing and Urban Development for programs financed by the Housing and Community Development Act of 1974. 5.06 Lease Agreement - 4. 13. The Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low and moderate income families or aid in the prevention or elimination of slum or blight. The Lessee assures that the funds will be used for these purposes. 14. Lessee will comply with the regulations, policies, guidelines and requirements of OMB Circular No. A-102, Revised, and Federal Management Circular 74-4 as they relate to the application, acceptance, and use of Federal funds under 24 CFR 570. 15. Lessee will comply with all requirements imposed by HUD concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with OMB Circular No. A-102, Revised. 16. Lessee will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) , and the regulations issued pursuant thereto (24 CFR Part 1) , which provides that no person in the United States shall on the gounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the City of Fayetteville received Federal • financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the City of Fayetteville, this assurance shall obligate the City, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 17. Lessee will comply with Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.601) , which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from parti- cipation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under 24 CFR 570. 5.07 • Lease Agreement - S. 18. Lessee will comply with Section 3 of the Housing and Urban Develop- ment Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for taming and employment be given to lower-income residents of the project area and contracts for work in connection with the project he awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. 19. Lessee will establish safeguards to prohibit employees frcm using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 20. Lessee will comply with the provisions of the Hatch Act which limits the political activity of employees. 21. Lessee will give (IUD and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the program. 22. Lessee will insure that the facilities under its lease or super- vision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 23. In the event Lessee violates any of the above stipulations as to use of the building, Lessor has the right to terminate this Lease by giving thirty (30) days written notice to Lessee of such termination and specifying the effective date thereof; provided, however, that prior to the issuance of a Notice of Termination, Lessee shall have a reasonable time, not to exceed fifteen (15) days, to remedy any violation. 24. Lessee shall not sublet the leased premises without the prior written consent of Lessor. However, if E.O.A. , for any reason, is unable to perform its services under this Lease, then this Lease may be transferred by the City of Fayetteville to some suitable third party to allow for the con- tinuation of services. 5.08 • IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. CITY OF FAYETTEVILLE, ARKANSAS LESSOR By: _a 416./ -, MAYOR ATTEST: .// / f--6) C .Y CLERK EQUAL OPPORTUNITY AGENCY LESSEE J By: ems.._..• ATTEST: