HomeMy WebLinkAbout194-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 194-24
File Number: 2024-369
SPECTRUM LIVING SOLUTIONS, INC. (LEASE AGREEMENT):
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH SPECTRUM LIVING SOLUTIONS, INC. D/B/A
SLS COMMUNITY THROUGH DECEMBER 31, 2024 FOR THE PROPERTY LOCATED AT 2190 SOUTH
RAZORBACK, WITH AN AUTOMATIC EXTENSION FOR FOUR YEARS THROUGH DECEMBER 31, 2028
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
Spectrum Living Solutions Inc. d/b/a SLS Community through December 31, 2024, a copy of which is attached to this
Resolution and made a part hereof, for the property located at 2190 South Razorback, with an automatic extension for
four years through December 31, 2028.
PASSED and APPROVED on August 6, 2024
Page 1
Attest: 11111 i
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Kara Paxton City Clerk Treasurer
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CITY OF CITY COUNCIL MEMO
FAYETTEVILLE
ARKANSAS 2024-369
MEETING OF AUGUST 6, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Yolanda Fields, Comm. Resources Dir./Equity Off.
SUBJECT: Public Facility Lease Program — Approval of Lease for 2190 S Razorback
RECOMMENDATION:
Staff recommends approval of a lease with Spectrum Living Solutions Inc. dba SLS Community for the
property located at 2190 S. Razorback.
BACKGROUND:
The property located at 2190 S. Razorback was acquired with Community Development Block Grant
(CDBG) funds. This property is a part of the CDBG Public Facility Lease Program. Properties acquired
with CDBG are made available through an application process to non -profits that provide services to
low/mod residents in the City of Fayetteville. SLS Community submitted an application for the property
located at 2190 S. Razorback. This organization met all the requirements for the program.
SLS (Supporting Lifelong Success for Neurodiverse Adults) Community was incorporated in 2015 to
provide essential resources and opportunities for neurodiverse adults and their families, allowing them to
flourish, interact meaningfully with the broader community, and find their own paths to independence and
self -actualization. The Razorback property will provide a venue for SLS Community to expand our service
operation as a long-term day center for vocational, life skills, and supported employment training for
neurodiverse adults.
DISCUSSION:
The lease document with Spectrum Living Solutions Inc. dba SLS Community for the property located at
2190 S. Razorback is being submitted for approval.
BUDGET/STAFF IMPACT:
No impact.
ATTACHMENTS: SRF (#3), 2190 Razorback Lease Agreement (#4)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-369
Public Facility Lease Program — Approval of Lease for 2190 S Razorback
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH SPECTRUM LIVING
SOLUTIONS, INC. DB/A SLS COMMUNITY THROUGH DECEMBER 31, 2024 FOR THE
PROPERTY LOCATED AT 2190 SOUTH RAZORBACK, WITH AN AUTOMATIC EXTENSION
FOR FOUR YEARS THROUGH DECEMBER 31, 2028
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 Spectrum Living Solutions Inc. d/b/a SLS Community through December 31, 2024, a
copy of which is attached to this Resolution and made a part hereof, for the property located at 2190
South Razorback, with an automatic extension for four years through December 31, 2028.
Page 1
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
2024-369
Item ID
8/6/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/15/2024 COMMUNITY RESOURCES (642)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a lease with Spectrum Living Solutions Inc. dba SLS Community for the property
located at 2190 S. Razorback.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
LEASE AGREEMENT
2190 S Razorback Rd.
THIS LEASE AGREMENT executed this 6 day of August 52024, by
and between the City of Fayetteville, Arkansas and Spectrum Living Solutions
Inc., a non-profit Arkansas corporation, hereinafter referred to as "SLS
Community".
In consideration of the promises, covenants and commitments contained
herein, the City of Fayetteville and SLS Community hereby agree as
follows:
1. PREMISES. The City of Fayetteville hereby leases to SLS Community and
SLS Community hereby leases from The City of Fayetteville the building,
parking lot, and premises of 2190 S Razorback Rd., Fayetteville, AR 72701.
a. Subletting of premises is not allowed.
2. TERM. The original term of this Lease shall commence on the 6 day of
August , 2024 and shall terminate on December 31st, 2024, at 5:00
p.m. This Lease shall be automatically extended for an additional term of four
years unless written notice of termination is given by City of Fayetteville or
SLS Community to the other party at least thirty (30) days prior to expiration
of the original term of this lease. This notice shall be effective if mailed or
delivered to:
City of Fayetteville
Community Resources
Yolanda Fields
Executive Director
113 W Mountain
Fayetteville, AR 72701
SLS Community
Ashton McCombs IV
Executive Director
4375 N Vantage Dr., Suite 104
Fayetteville, AR 72703
3. CONSIDERATION. In consideration for the use of leased premises SLS
Community agrees to provide its services to low- and moderate- income
residents of Fayetteville. SLS Community shall maintain at all times a current
and complete record of all activities conducted on the leased premises in a
form specified by the City of Fayetteville. SLS Community shall submit a
quarterly activity report to the City of Fayetteville Community Resources
Department on or before the 15t" of the month following the end of each
quarter. The City of Fayetteville and the United States Department of
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Housing and Urban Development (HUD) shall have complete access to all
SLS Community's records during all reasonable hours and shall have the
right to inspect and copy said records.
a. Nonprofit community partner agencies serving low -to moderate
income residents of Fayetteville may use location space for service
delivery only.
4. UTILITIES. SLS Community shall be responsible for prompt and complete
payment of all utilities including electric bills, natural gas bills, water and
sewer bills, sanitation service bills and telecommunications bills.
5. IMPROVEMENTS TO PREMISES. Improvement design must be approved in
writing by the Community Resources Department of the City of Fayetteville
prior to the start of an improvement project. SLS Community may make
improvements that are necessary to carry out the services they provide. SLS
Community agrees that it will always keep and maintain the leased premises
and all improvements thereon in good condition and repair. SLS Community
agrees to be responsible for yard maintenance and for the maintenance and
replacement of all heating, electrical, and air conditioning equipment,
plumbing, and fire extinguishers on the premises. SLS Community shall
return the leased premise at the expiration or termination of the Lease in good
order and condition, excepting only ordinary wear and tear and casualties
beyond SLS Community control. Upon termination of this lease all
improvements shall become the property of the City of Fayetteville.
6. CONDITION OF PREMISES. SLS Community may not mark, paint upon,
cut, drill into, drive nails or screws into, or in any way deface the walls,
ceilings, partitions, or floors of the premises or of the building.
7. MAINTENANCE AND REPAIR FUND. SLS Community will establish and
maintain a Maintenance and Repair Fund. SLS Community shall immediately
begin depositing the amount of $500.00 per month in a separate savings
account in a savings institute acceptable to the City of Fayetteville for the
period of time required to establish and maintain a fund total of $30,000.00.
These funds may be used only for the maintenance and repair of the
premises.
8. FACILITY DEPOSIT. SLS Community will provide a $5,000.00 Facility
Deposit to the City of Fayetteville prior to moving in unless a letter of
understanding is attached to this lease agreement. The entire amount will be
held by the City for the duration of the lease. Upon notification of intent to
vacate the lease the City will inspect the location to determine the condition.
If repairs are needed to return the premises to good condition the Facility
Deposit amount will be used to make the repairs. Any remaining balance will
be refunded to SLS Community.
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OPPORTUNITY
9. INSURANCE. SLS Community will be invoiced annually for property
insurance (annual premium amount will be provided by the City of
Fayetteville's Purchasing Department).
10. QUARTERLY FINANCIAL STATEMENTS. SLS Community shall maintain
complete and accurate monthly financial statements for all activities
conducted on the leased premises. SLS Community shall file a copy of each
month's financial statement with the City of Fayetteville's Community
Resources Department on or before the 15t" day following the end of the
quarter.
11. BENEFIT TO LOW-INCOME FAMILIES. The Community Development
Program has been developed to give maximum feasible priority to activities
which will benefit low- and moderate -income families. SLS Community
commits that the leased premises will be used to benefit low- and moderate -
income families.
12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS. SLS
Community agrees to comply with all rules and regulations as established by
the Department of Housing and Urban Development (HUD) for programs
financed by the Housing and Community Development Act of 1974; and
a. Lessee will comply with the regulations, policies, guidelines and
requirements of OMB Circular No. A-102, Revised, acceptance and
use of Federal funds under 24 CFR 570; and
b. 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.
c. Lessee will comply with Title VI of the Civil Rights Act of 1964 (P.L.
88-352), and regulations issued pursuant thereto (24 CFR Part 1),
which provides that no person in the United States shall on the
grounds of race, color or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any of SLS Community programs or
activities.
d. SLS Community 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 participation in, be denied
the benefits of, or be subjected to discrimination under, any program
00
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CDBG OPPONTUNi Tv
or activity funded in whole or in part with funds proved under 24
CFR 570.
e. SLS Community will comply with Section 3 of the Housing and
Urban Development Act of 1968, as amended, requiring that to the
greatest extent feasible opportunities for training and employment
be given to lower -income residents of the project area and contracts
for work in connection with the project be awarded to eligible
business concerns which are located in, or owned in substantial part
by, persons residing in the area of the project.
13. PERSONAL GAIN. SLS Community will establish safeguards to prohibit
employees from using position 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.
14. HATCH ACT. SLS Community will comply with applicable provisions of the
Hatch Act.
15. RIGHT TO INSPECT RECORDS. SLS Community will give HUD 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.
16. ENVIRONMENTAL PROTECTION. SLS Community will ensure that the
facilities under its lease or supervision 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.
17. FLOOD DISASTER PROTECTION ACT. SLS Community shall comply with
the Flood Disaster Protection Act of 1973, P.L. 93-234, 87stat. 975, approved
December 31, 1973. Section 103(a) required, on and after March 2, 1974,
the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any area, that has been
identified by the Secretary of the Department of Housing and Urban
Development (HUD) as an area having special flood hazards. The phrase
"Federal financial assistance" shall be included in any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance.
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CD�EQUAL HOUSING
OPPORTUNITY
18. CURE OR TERMINATION. If the City of Fayetteville determines that SLS
Community has violated a duty, term, or condition of this Lease Agreement, it
shall so notify SLS Community in writing at the address listed above in
paragraph 2. SLS Community shall have thirty (30) days after notification to
cure the breach. If SLS Community fails to cure the breach to satisfaction of
the City of Fayetteville within the allotted period, the City of Fayetteville,
acting through its Mayor, may declare this Lease Agreement terminated and
so notify SLS Community, which shall immediately vacate the premises.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on
the date first above written.
Spectrum Living Solutions Inc.
CIT OF FAY
d/mob//a SLS Community
A ANSAS
Ashton McCombs IV
ALUilneld Jord-
Executive Director
Mayor 1
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