HomeMy WebLinkAbout50-88 RESOLUTION RESOLUTION NO. 50-88
SCANNED
A RESOLUTION AUTHORIZING THE RENEWAL OF A
LEASE BETWEEN THE CITY OF FAYETTEVILLE AND
ROSALYN NESHEIM FOR RENTAL OF PROPERTY LOCATED
AT 2105 PUMP STATION ROAD.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Board of Directors hereby authorizes the renewal of
a lease between the City and Rosalyn Nesheim for rental of
property located at 2105 Pump Station Road. A copy of the lease
authorized for execution hereby is attached hereto marked Exhibit
"A" and made a part hereof .
PASSED AND APPROVED this 5th day of July , 1988 .
APPROVED
By: 7 'r'
• 95.4A4-4.67-K}
t o•. AT'DHST `'
. :.) ,'� , S. .y. p r" t
\ BY= ( 4
z %. •t, 'Clerk
try
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1.08
ASSISTED LEASE AGREEMENT
41111 Certificate No. 2722
No.of Bedrooms 2
THIS LEASE AGREEMENT,made and entered into this the 1st day of July 19 87
by and between City of Fayetteville (LANDLORD)
and Rosalyn Nesheim (TENANT)
for the dwelling unit: 2105 Pump Station Rd., Fayetteville, AR 72701
THE HOUSEHOLD consists of the following members: (I) Rosalyn Nesheim (2) Ross Nesheim
(3) (4) (5) (6)
(7) (8) (9) (10)
1, (A). Housing Assistance Payments Contract.
The Landlord will enter into a Housing Assistance Payments Contract("Contract")with a Public Housing Agency("PHA")
under the Section 8 Existing Housing Program of the U.S.Department of Housing and Urban Development.Under the
Contract,the PHA will make housing assistance payments to the Landlord to assist the Family,of which the Tenant is the
representative,to lease the dwelling unit from the Landlord.
(B). Conflict with Other Provisions of Lease.
In case of any conflict between the provisions of this section of the Lease and any other provisions of the Lease,the
provisions of this section shall prevail.
(C). Term of Lease.
The term of the Lease shall begin on July 1, 1987 and shall continue until(I)a termination of
the Lease by the Landlord in accordance with paragraph(H)of this section,(2)a termination of the Lease by the Tenant in
accordance with the Lease or by mutual agreement during the term of the Lease,or(3)a termination of the Contract by the
• PHA.
(D). Rent.
(I). The amount of the total monthly rent payable to the Landlord during the term of the Lease(called the"Contract
rent")shall be determined in accordance with the Contract between the Landlord and the PHA.
(2). The portion of the Contract rent payable by the Tenant("tenant rent")shall be an amount determined by the PHA
in accordance with HUD regulations and requirements.The amount of the tenant rent is subject to change as
determined by the PHA during the term of the Lease.Any change in the amount of the tenant rent will be stated in
a written notice by the PHA to the Tenant and the Landlord,stating theeeyyamount and the effective date of the
change.Initially and until such change the Tenantts resets to pay$_ ll UU per month to the Landlord as the
ten5nt1ye1t. The rent is.,due on the day of each month beginning on
(3)- The tenant rent as determined by the PHA is the maximum amount the Landlord can require the Tenant to pay as
rent for the dwelling unit, including all services,maintenance and utilities to be provided by the Landlord in
accordance with this Lease.
(4). Each month,the PHA will pay a housing assistance payment to the Landlord on behalf of the Tenant Family in
accordance with the Contract.The monthly housiAA�s f tance payment is the difference betweep th Contract
rent and the tenant rent.The total rent shall be$ L J •uu per month.Of this amount,$ 2/0•U0 shall be
payabjg by the Public Housing Agency(PHA)as housing assistance payments on behalf of the Tenant,and,
$ u uW� shall be payable by the Tenant directly to the Landlord. •
(E). Security Deposit.
(I). The Tenant has deposited$100.00 with the Landlord as a security deposit.The Landlord will comply with
HUD regulations regarding security deposits from a Tenant,and shall not collect a security deposit which is more
than the maximum amount permitted under the regulations.
(2). The Landlord will hold the security deposit during the period the Tenant Family occupies the dwelling unit under
the Lease.The Landlord shall comply with State and local laws regarding interest payments on security deposits.
(3). After the Tenant Family has moved from the dwelling unit,the Landlord may(subject to State and local law)use
the security deposit,including any interest on the deposit,as reimbursement for any unpaid tenant rent or other
amounts which the Tenant owes under the Lease.The Landlord will give the Tenant a written list of all items
charged against the security deposit and the amount of each item. After deducting the amount used as
reimbursement to the Landlord.the Landlord shall promptly refund the full amount of the balance to the Tenant.
•
(F). Utilities and Appliances.
(I). The Landlord shall provide the utilities listed in column(I)below for the dwelling unit without any additional
charge to the Tenant.The cost of these utilities is included in the Contract rent.The utilities listed in column(2)
below are not included in Contract rent,and are paid by the Tenant.
FORM HF-as HOUSING FORMS CO BOX 18504 RALEIGH.NC 27619 Page 1 of 4 pages REVISED S H,
1.09
• Type of utility COLUMN 1 COLUMN 2
Put"x"by Put"x"by
utility included Tenant paid
in rent. utility.
Garbage collection — —____—_ X
Water __ X
Heating type(Specify type) Gas _X
Lights,electric X
Cooking
(Specify type) Gas X
Other (Specify)
Hot Water Gas X
(2). (i). The range for the dwelling unit shall be provided by the Landlord (Insert Landlord or Tenant,
as appropriate.If unspecified,the range shall be provided by the Landlord).
Landlord
• (ii). The refrigerator for the dwelling unit shall be provided by the (Insert Landlord or
Tenant,as appropriate.If unspecified,the refrigerator shall be provided by the Landlord.)
(3). The l.andlord shall provide the following other appliances for the dwelling unit:
(G). Maintenance and Services.
The Landlord shall maintain the dwelling unit,equipment and appliances,and common areas and facilities,to provide
• decent,safe and sanitary housing in accordance with the housing quality standards(24 CFR Section 882.109)for the Section
8 Existing Housing Program,including t he provison of all the services.maintenance and utilities set forth in the Lease.
(I) Where applicable(as in the case of multi-family buildings),maintenance with respect to common areas,facilities
and equipment shall include cleaning:maintenance of lighting and equipment:maintenance of grounds,lawns,
and shrubs;and removal of snow and ice. Where security equipment and services are to he provided by the
Landlord they are as follows:
(Specify,or state"None")
NONE
(2) Extermination services shall be provided by Landlord as conditions may require.If such service is to be provided
on a scheduled basis.the schedule is as follows:
(Specify),or state"No schedule") _
NO SCHEDULE
(3) Repainting shall be provided by Landlord as conditions require.If such service is to be provided on a scheduled
basis,the schedule is as follows:
(Specify),orstate"No schedule").
NO SCHEDULE
(4) The PH A shall be free to inspect the premises covered by the lease periodically,but not less often than annually,to
assure that the physical condition thereof continues to meet PHA standards of decent,safe and sanitary housing
and to determine whether the services required to be provided hereunder are being provided to the premises.ld the
event the PHA reasonably determines that either(i)the physical condition of the premises does not meet PHA
standards for decent,safe and sanitary housing,other than as a result of actions by the Tenant,or(ii)one or more
of the services specified herein are not being provided to the premises,or(iii)that the Landlord is in breach of any
of the conditions of this lease,the PHA may give written notice to the Landlord to correct the deficiencies within
thirty(30)days.Upon the Landlord's failure to do so,the PHA shall have the right,in addition to its other rights
and remedies under the Housing Assistance Payments Contract, to terminate or reduce housing assistance
payments or to terminate the Housing Assistance Payments Contract.
(H). Termination of Tenancy.
(I). The Landlord shall not terminate the tenancy except for:
(i). Serious or repeated violation of the terms and conditions of the Lease:
(ii). Violation of Federal,State,or local law which imposes obligations on a tenant in connection with the
occupancy or use of the dwelling unit and surrounding premises:or
(iii). Other good cause.However,during the first year of the term of the lease,the owner may not terminate the
tenancy for"other good cause"unless the termination is based on malfeasance or nonfeasance of the Tenant
Family.
FORM HF-45 HOUSING FORMS CO Page 2 of 4 pages REVISED 5,85
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• (2). The following are some examples of"other good cause"for termination of tenancy by the Landlord:
(i). Failure by the Tenant Family to accept the offer of a new Lease in accordace with paragraph(K)of this
•
section;
(ii). A Tenant Family history of disturbance of neighbors or destruction of property.or of living or housekeeping
habits resulting in damage to the unit or property;
(iii). Criminal activity by Tenant Family members involving crimes of physical violence to persons or property;
(iv). The Landlord's desire to utilize the unit for personal or family use or for a purpose other than use as a
residential rental unit;or
(v). A business or economic reason for termination of the tenancy(such as.sale of the properly,renovation of the
unit,desire to rent the unit at a higher rental).
This list of examples is intended as a non-exclusive statement of some situations included in"other good cause,"but
shall in no way be construed as a limitation on the application of"other good case."to situations not included in the
list.The Owner may not terminate the tenancy during the first year of the term of the Lease,pursuant to paragraph
(H)(I)(iii),for the grounds stated in paragraph(H)(2)(i).(H)(2)(iv)or(H)(2)(v)of this section.
(3). The Landlord may evict the Tenant from the unit only by instituting a court action.The Landlord must notify the
PHA in writing of the commencement of procedures for termination of tenancy,at the same time that the Landlord
gives notice to the Tenant under State or local law.The notice to the PHA may he given by furnishing the PHA a
copy of the notice to the Tenant.
(4). This Lease shall terminate upon the date of any termination of the Housing Assistance Payments Contract.
including any termination due to termination of eligibility of the Tenant.In the event that the PHA determines,
after having given the Tenant reasonable notice(with a copy to the Landlord)and an opportunity to respond,that
the Tenant is ineligible for further housing assistance payments because of failure to comply with the Tenant's
obligations under the Certificate of Family Participation,the PHA shall notify the Landlord and the Tenant of such
determination.Such determination shall be grounds for termination of this Lease by the Landlord.
(I). The Landlord shall not discriminate against the Tenant Family in the provision of services.or in any other manner,on the
grounds of age,race,color,creed,religion,sex,handicap or national origin.
(J). Any notice under paragraph(H),(K)or(L)of this section may be combined with and run concurrently with any notice
required under State or local law.
(K). After approval of a proposed new Lease by the PHA in accordance with H LID regulations,the Landlord may offer the
Tenant Family the proposed new Lease for execution on behalf of the Tenant Family,for a term beginning at any time after
the first year of the term of this Lease.The Landlord shall give the Tenant written notice of the offer,with copy to the PHA,
at least sixty days before the proposed commencement date of the new lease term.The offer may specify a reasonable time
• limit for acceptance by the Tenant Family.
(L). The Tenant may terminate the Lease without cause at any time after the first year of the term of the Lease,on not more than
sixty days written notice by the Tenant to the landlord(with copy to the PHA).(The provisions of this subsection(L)are not
intended to limit any right of the Tenant to terminate the Lease where so provided elsewhere in the Lease.)
(M). This Lease has been signed by the parties on the condition that the PHA will promptly execute a Housing Assistance
Payments Contract with the Landlord.This Lease shall not become effective unless the PHA has executed a Housing
Assistance Payments Contract with the Landlord effective the first day of the term of the Lease.
(N). Prohibited Lease Provisions.
Notwithstanding anything to the contrary contained in the Lease, any provision of the Lease which falls within the
classifications below shall be inapplicable.
(1). Confession of Judgment.Prior consent by the Tenant to be sued,to admit guilt,or to a judgment in favor of the
Landlord in a lawsuit brought in connection with the Lease.
(2). Seize or Hold Property for Rent or Other Charges.Authorization to the Landlord to take property of the Tenant,or
hold property of the Tenant,as a pledge or security until the Tenant meets any obligation which the Landlord has
determined the Tenant has failed to perform.
(3). Exculpatory Clause.Agreement by the Tenant not to hold the Landlord or Landlord's agents legally responsible for
any action or failure to act,whether intentional or negligent.
(4). Waiver of Legal Notice.Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the
Tenant.
(5). Waiver of Legal Proceedings.Agreement by the Tenant that the Landlord may evict the Tenant or hold or sell
possessions of the Tenant Family if the Landlord determines that the Tenant has violated the Lease,without notice
to the Tenant or any court decision on the rights of the parties.
FORM HF-IS HOUSING FORMS CO Pege 3 of a pages REVISE°S 85
Ir"="'
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0 . .
(6). Waiver ofJury Trial.Authorization to the Landlord to waive the Tenant's right to trial by jury.
(7). Waiver of Right to Appeal Court Decision.Authorization to the Landlord to waive the Tenant's right to appeal a
decision on the ground of judicial error or to waive the Tenant's right to sue to prevent a judgment from being put
into effect.
(8). Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of Lawsuit.Agreement by the Tenant to pay
lawyer's fees or other legal costs whenever the Landlord decides to sue,whether or not the Tenant wins.
2. Tenant's Obligation:
Tenant shall keep the dwelling in a clean and sanitary condition and shall otherwise comply with all state and local laws requiring
Tenant to maintain rented premises.If damage to the dwelling unit(other than normal wear and tear)is caused by acts of or
neglect by tenant or others occupying the premises with his permission,Tenant,upon prior agreement with Landlord.may repair
such damage at his own expense. If,(a)Tenant fails to make agreed upon repairs,or,(h)Landlord agrees to make repairs,
- Landord may cause such repairs to be made and Tenant shall be liable to Landlord for any reasonable expense thereby incurred by
Landlord.
3. Inspection of Unit:
The Landlord or his agent may enter the dwelling unit only for the following purposes:(a)to inspect to see if Tenant is complying
with this agreement,(b)to make repairs,and(c)to exhibit the unit to prospective purchasers.mortgagees.tenants and workmen.
Tenant shall not unreasonably withhold consent to the Landlord to enter for such purposes.However.Landlord shall,except in
an emergency such as fire,give the Tenant at least twenty-four hours notice of his intent to enter and may then enter only at a
• reasonable time.If an emergency occurs,the Landlord shall,within two days thereafter,notify tenant in writing of the date,time,
purpose and results of such entry.
4. Occupancy of the Dwelling Unit:
Tenant agrees not to assign this lease,nor to sublet or transfer possession of the premises,nor to give accommodation to boarders
or lodgers without the written consent of the Landlord and the PHA.Tenant further agrees not to use or permit the use of the
dwelling unit for any purpose other than as a private dwelling unit solely for Tenant and his/her family and;or dependents.This
provision does not apply to reasonable accommodation of Tenant's guests or visitors whose stay is less than thirty(30)days.
5. Pets:
Tenant may or may not keep a pet on the premises.
II 6. Noise:
Tenant agrees not to allow on his premises any excessive noise or other activity which materially disturbs the peace and quiet of
other tenants in the building.Landlord agrees to prevent other tenants and other persons in the building or common areas from
similarly disturbing Tenant's peace and quiet.
7. Changes:
This lease.together with any future adjustments of rent or dwelling unit,evidences the entire agreement between the Landlord and
the Tenant.No change herein shall be made except in writing,signed and dated by both parties and approved by the PHA.
Signatures:
TENAN �j
By: erfr/e1.-11"- /( 'Jy--7L--____
Signature Date signed
Rosalyn Nesheim
Print or type name of Family representative
By:
Signature Date signed
Print or type name of Family representative
LANDLORD
By: City Of Fayetteville
Print or type name of landlord
By:ID
I 9-,-(17
ignature \ Date signed
• J Judy Huffaker
Print or type name and title of Signatory
111111.1111... FORM MF-ES HOUSING FORMS CO Page 4 of 4 pages REVISEDS 85
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1.12
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
• SECTION 8 EXISTING HOUSING PROGRAM
REQUEST FOR LEASE APPROVAL
1. REQUEST. The undersigned Owner(Lessor)and Family(Lessee)hereby request the Fayettovillo Housing Authority_ --
1 Name of Public Housing Agency "PHA"I
to approve the lease for the dwelling unit located at 2105 Pump Station Rd., Fayetteville, AR 72701
(Street Address.Apartment Number,if any.City and ZIP Code)
for a term of 12 months,beginning July 1 ,In 87.The dwelling unit contains 2 bedrooms and
was constructed in
(year)
TYPE OF HOUSE (Check Applicable Box)
l: Single Family House O Semi-detached/Row House O Mobile Home O Garden/Walkup D Elevator/1lu014 1,e
The Owner shall provide the following utilities and appliances to the Family under the Lease: (Insert O if furnished by Owner err b if
furnished by Family)
ITEM COAL OiL NATURAL GAS ELECTRIC L P.GAS OTIIER
Heat
f'nnking Fuel
Air Conditioning
Lighting/Refrigeration
W ter ._ _ 1 F
Sewer F
Trash Collection I F
Range I U
Refrigerator I U
lint Water F i
2. CERTIFICATIONS.The Owner,by executing this request,certifies that:
a. The most recent rent charged for the above dwelling unit was S_ 270.00 per month.The reason for the difference,if any,
between this amount and the proposed rent is:
111
b. This unit is made available,managed,and operated regardless of race,color,creed,religion,sex,or national origin.
c. If constructed prior to 1950,the dwelling'Intl is in compliance v'ith the HUD lead Rased f sine Regulations,24 CFR,Part 3
5,WlIIJI
require that all interior surfaces and those extern'•surfaces,such as stairs,decks-porches,railings,windows and doors,which are
readily accessible to children under seven years of age,be free of cracking,scaling,peeling,chipping and loose paint or that such cur
faces has-c been either adequately treated or covered to prevent the eating of lead based paint.All surfaces to be treated have hero
thoroughly washed,sanded,scraped or wire brushed,so as to remove all cracking,scaling,peeling,chipping and loose paint before rr
painting with,at a minimum,at(cast two coats of a suitable nonleaded paint. All surfaces to be covered have had the paint removed
or covered with materials such as gypsum wallboard,plywood,drywall,plaster,or other suitable material.
3. PHA DETERMINATION. The Owner and the Fancily understand that the PHA will arrange for the inspection of the unit and will notify
them as to whether or not the proposed lease and unit are approvable. The PHA is not responsible for anypart of the rent prior to the
execution of the Housing Assistance Payments Contract.
City of Fayetteville/Judy Huffaker, Agent Rosalyn Nesheim
(Print or Type Name of Owner or Other Party Authorized to (Print or Type Name of Family Representative)
Exeevte the Lease) )
(Sigiulgye) By:
(Signature of Family Representative(s))
Date: July 1, 1987
Date: July 1, 1987
113 W. Mountain 2105 Pump Station Rd.
(Business Address) (Present Address of Family-Street.Apt.No.,If any)
Fayetteville, AR 72701 Fayetteville, AR 72701
(City and ZIP Code) (City and ZIP Code)
575-8281
Tcic:-hpne Numbcr) (Telephone Number)
MUD.62617A Ito Sill