HomeMy WebLinkAbout264-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 264-24
File Number: 2024-646
AREA AGENCY ON AGING OF NORTHWEST ARKANSAS (LEASE AGREEMENT):
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE AREA AGENCY ON AGING OF
NORTHWEST ARKANSAS THROUGH DECEMBER 31, 2025 FOR THE WALKER PARK SENIOR ACTIVITY
AND WELLNESS CENTER IN THE AMOUNT OF $1.00 PER YEAR, WITH AN AUTOMATIC RENEWAL FOR
SEVEN ADDITIONAL ONE YEAR TERMS
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 Area
Agency on Aging of Northwest Arkansas through December 31, 2025, a copy of which is attached to this Resolution
and made a part hereof, for Walker Park Senior Activity and Wellness Center in the amount of $1.00 per year, with an
automatic renewal for seven additional one year terms.
PASSED and APPROVED on November 7, 2024
Page 1
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Office of the City Clerk Treasurer
Kara Paxton — City Clerk Treasurer
Jackson Shelton — Senior Deputy City Clerk
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113 W. Mountain Street, Suite 308
Fayetteville, Arkansas 72701
Phone: 479.575.8323
cityclerk@fayetteville-ar.gov
Departmental Correspondence
To: Lioneld Jordan, Mayor
From: Kara Paxton, City Clerk Treasurer'��G
CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton &
Chief Financial Officer Paul Becker
Date: November 8, 2024
RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure
Mayor Lioneld Jordan,
Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting
November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City
Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you
should these dates change.
The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges
from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also
encouraged me to utilize telework options in the weeks following the initial surgery week. He also
stated that should I need to physically come to work, I need to park as close to the building as
possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning.
In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor
Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24-
hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence.
As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for
official purposes only.
Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature.
Please notify the Accounting Department that check requests will be reviewed and signed by Ms.
Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for
approving purchase requests submitted November 11th — November 15th, 2024.
Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support
all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has
continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton
has been with our office for almost 2 years now and has consistently impressed me by going above
and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully
manage the office while I am out.
M/10
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 7, 2024
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
2024-646
THRU: Susan Norton, Chief of Staff
FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs
SUBJECT: Lease Agreement for the Walker Park Senior Activity and Wellness Center
RECOMMENDATION:
Staff recommends approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the
Walker Park Senior Activity and Wellness Center.
BACKGROUND:
The Walker Park Senior Activity and Wellness Center opened in July of 2003 and has been under the
operations of the Area Agency on Aging of Northwest Arkansas. The Center offers a wide range of recreational
and health and wellness activities throughout the year.
DISCUSSION:
The Agency has continued to uphold lease terms for the building and consistently offers quality programs and
activities for the seniors of Fayetteville. Only minor changes to the lease agreement were made and include:
1). Lease term automatically renews for seven additional one year terms after initial term.
2). Updated language in section 4. to clarify the Agency must abide by City ordinances regulating signage.
3). Updated the Parks Department name throughout.
4). Moved the General Maintenance section up to section 6.
BUDGET/STAFF IMPACT:
None.
ATTACHMENTS: SRF (#3), 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 #: 2024-646
Lease Agreement for the Walker Park Senior Activity and Wellness Center
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE AREA AGENCY ON AGING
OF NORTHWEST ARKANSAS THROUGH DECEMBER 31, 2025 FOR THE WALKER PARK
SENIOR ACTIVITY AND WELLNESS CENTER IN THE AMOUNT OF $1.00 PER YEAR, WITH
AN AUTOMATIC RENEWAL FOR SEVEN ADDITIONAL ONE YEAR TERMS
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 Area Agency on Aging of Northwest Arkansas through December 31, 2025, a copy of which is
attached to this Resolution and made a part hereof, for Walker Park Senior Activity and Wellness Center
in the amount of $1.00 per year, with an automatic renewal for seven additional one year terms.
Page 1
Alison Jumper
Submitted By
City of Fayetteville Staff Review Form
2024-646
Item ID
11/7/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/11/2024 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the
Walker Park Senior Activity and Wellness Center.
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 # 212-14
Approval Date: 12/2/2014
LEASE AGREEMENT
for the Walker Park Senior
Acti� its and Wellness Center
This Agreement, made and entered into the 7 day of November 2024 , by
and between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas,
WITNESSETH:
1. Leased Premises. For and in consideration of the rents, covenants, and agreements herein
entered into and agreed upon by the Area Agency on Aging of Northwest Arkansas as
obligations to the City of Fayetteville, the City of Fayetteville lets, leases, and demises unto Area
Agency on Aging of Northwest Arkansas, subject to the terms and conditions contained herein,
the property situated in Fayetteville, Arkansas, located at 945 South College, Fayetteville,
Arkansas known as the Walker Park Senior Activity and Wellness Center. To have and to hold
said premises unto the said Area Agency on Aging of Northwest Arkansas for and during the
term herein stated, subject to the covenants, terms, conditions, and liens herein contained.
2. Term. This Lease shall commence on January 1, 2025 for a term of one year ending on
December 31, 2025. The Lease shall automatically renew for seven additional one year terms
thereafter unless either party provides written notice of its intent to terminate at least 90 days
before the end of the current term.
3. Rent. Area Agency on Aging of Northwest Arkansas agrees to pay to City of Fayetteville
as rental for the full term of this Lease the sum of $1.00 per year, to be paid in advance on
January 1, 2025, and on the first day of each and every year thereafter during the term of this
Lease and further agrees to provide services to Fayetteville senior citizens as set forth in the
separate contract for services.
4. Signs and Advertising. Area Agency on Aging of Northwest Arkansas shall comply with
the City of Fayetteville's ordinances regulating signage and further agrees not to utilize any form
of advertising that may be deemed objectionable to City of Fayetteville or to the general public,
including, but not limited, to loudspeakers or related electronic equipment, radios, or projected
sound outside of the leased premises.
5. Repairs. Area Agency on Aging of Northwest Arkansas shall maintain the building
structure, including exterior doors and windows, in a reasonable state of repair and shall make
such repairs as may be required to keep and maintain the grounds in a good and tenantable
condition. Area Agency on Aging of Northwest Arkansas shall keep the interior of the building,
including interior walls, floors, doors, wiring, plumbing, and window and door glass in good
repair at its expense. The City of Fayetteville Facilities and Construction Division will be
responsible for repairs to the roof, heating and air units, and major repairs for electrical and
plumbing. The City Parks, Natural Resources, and Cultural Affairs Department will provide
snow removal on the parking lot.
Area Agency on Aging of Northwest Arkansas shall, at the termination, surrender, or
forfeiture of this Lease, return said premises with the interior, including all of the above items, in
as good and satisfactory condition as the same was at the beginning of Lease, normal wear and
tear excepted. Area Agency on Aging of Northwest Arkansas shall be permitted to make
alterations, additions or improvements upon or to the leased premises, provided that any such
alterations, additions or improvements will be and remain a part of the leased premises at the
expiration of this lease and thereupon become the property of the City of Fayetteville.
No construction or renovation will be undertaken without the expressed written approval
and consent of City of Fayetteville. Capital items costing over $10,000 for the Walker Park
Senior Activity and Wellness Center building must be submitted to the City of Fayetteville
Parks, Natural Resources, and Cultural Affairs Department by May 1 of each year in order to be
considered for the following year by the City Council.
6. General Maintenance. Area Agency on Aging of Northwest Arkansas agrees to provide
general daily maintenance and upkeep of facility, i.e., cleaning of floors, kitchen area, offices,
restrooms, dining area, craft room and windows in compliance with the Arkansas Health
Department regulations.
7. Use. Area Agency on Aging of Northwest Arkansas agrees to use the lease premises for
the purpose of operating a Senior Activity and Wellness Center and for no other purpose or
purposes without the written consent of City of Fayetteville having been obtained in advance.
Area Agency on Aging of Northwest Arkansas shall not use, nor permit the demised premises to
be used, for any purpose or purposes other than those expressed herein. Normal usage of the
Walker Park Senior Activity and Wellness Center would consist of services such as nutrition,
recreation, health and wellness programs, crafts, case management, and services for Senior
Adults. Use of the premises for special events such as scheduled meetings of community groups,
reunions, receptions, etc., will be considered a normal use of the Walker Park Senior Activity
and Wellness Center and will not be considered a violation of this Paragraph or of Paragraph 7
below. Area Agency on Aging of Northwest Arkansas is allowed to charge a user fee for events
and programs. The City of Fayetteville will be allowed to schedule and utilize the Walker Park
Senior Activity and Wellness Center to conduct public meetings or staff meetings. Should the
property cease to be utilized as a Senior Activity and Wellness Center, this Lease shall become
null and void and all improvements on said property shall inure to City of Fayetteville pursuant
to Paragraph 2 hereinabove.
The Walker Park Senior Activity and Wellness Center is designated as an emergency shelter
by the City of Fayetteville. The City purchased and installed a large generator to make the
building feasible as an emergency shelter and the generator shall only be used by City of
Fayetteville employees in the event of an emergency or power outage. The staff of the Walker
Park Senior Activity and Wellness Center will work with the City of Fayetteville Staff to ensure
the center is properly prepared to serve as an emergency shelter as required by the City.
8. Assignment. Area Agency on Aging of Northwest Arkansas shall not assign this Lease or
sublet the leased premises without prior written consent of the City of Fayetteville. Any such
assignment or subletting shall in no way relieve Area Agency on Aging of Northwest Arkansas
from liability for the obligation imposed by this Lease. Area Agency on Aging of Northwest
Arkansas may only be released from liability by a specific written release executed by City of
Fayetteville. It is understood by the City of Fayetteville that the Area Agency on Aging of
Northwest Arkansas may choose to subcontract with an Aging Services Provider to operate the
senior programs in the center. This subcontract arrangement does not constitute assignment of
the Lease for the purposes of this document.
9. City -Provided Insurance. The City of Fayetteville hereby agrees to cause an insurance
policy to be purchased protecting the premises from fire, windstorm, hail and extended coverage,
vandalism, malicious mischief, and burglary insurance to cover damage to the building or the
premises, said insurance is to be written by a responsible insurance company authorized to do
business within the State of Arkansas in an amount equal to not less than the replacement value
of the premises and to furnish Area Agency on Aging of Northwest Arkansas with proof thereof.
Such policy of insurance shall provide protection against loss so insured against for the benefit of
City of Fayetteville and Area Agency on Aging of Northwest Arkansas as their interests may
appear. If, during the term of this lease, the premises or the building and other improvements in
which the premises are located are totally or partially destroyed from any cause, rendering the
premises totally or partially inaccessible or unusable, City of Fayetteville shall restore the
premises or the building and other improvements in which the premises are located to
substantially the same condition as they were in immediately before destruction.
10. Insurance on Area Agency on Aging of Northwest Arkansas's Property. Area Agency on
Aging of Northwest Arkansas shall be solely responsible for maintaining insurance on its
property, including, but not limited to, movables, trade fixtures installed by Area Agency on
Aging of Northwest Arkansas, furniture, furnishings, and inventory.
11. Liability Insurance. Area Agency on Aging of Northwest Arkansas shall, during the term
of this Lease, maintain public liability insurance on the leased premises and on the business
operated by the Area Agency on Aging of Northwest Arkansas or any sub -tenant occupying the
leased premises. The limits of such public liability insurance shall not be less than $300,000.00
per each occurrence for bodily injury liability, with a $1,000,000.00 aggregate. Such policy shall
contain a clause that the insurer will not cancel or change the insurance without giving City of
Fayetteville, its successors or assigns, ten (10) days' prior written notice; and a certificate of such
insurance shall be delivered to City of Fayetteville prior to the inception of this Lease.
12. Taxes. City of Fayetteville agrees to pay in full or cause to be paid in full all ad valorem
property taxes levied and other taxes and assessments payable upon the leased premises.
However, Area Agency on Aging of Northwest Arkansas agrees to pay all taxes levied against
any furniture, fixtures or other personal property used in or on the premises by Area Agency on
Aging of Northwest Arkansas on sub -leases of Area Agency on Aging of Northwest Arkansas.
13. Utility Bills. Area Agency on Aging of Northwest Arkansas agrees to pay all utility bills,
including electricity, gas, water, sewer, telephone and trash pick up assessed against the premises
throughout the term of this lease and any other expense incidental to the Area Agency on Aging
of Northwest Arkansas's occupancy of the leased premises. The Area Agency on Aging of
Northwest Arkansas may request funding from the City of Fayetteville for utility bills. Funding
requests must be submitted to the City of Fayetteville Budget Department by the deadline date
required for Outside Agencies each year in order to be considered for the following year by the
City Council.
14. Compliance with Laws. Area Agency on Aging of Northwest Arkansas agrees not to
violate any law, ordinance, rule or regulation of any governmental authority having jurisdiction
of the leased premises.
15. Trash. All trash and refuse deposited outside the building must be placed in sufficient
receptacles furnished by Area Agency on Aging of Northwest Arkansas and approved by the
City of Fayetteville Trash and Recycling Division.
16. Title and Quiet Enjoyment: City of Fayetteville covenants and warrants that it is the
owner in fee simple absolute of the leased premises and may lease said premises as herein
provided. Upon payment by Area Agency on Aging of Northwest Arkansas of the rents herein
provided and upon the observance and performance of all the covenants, terms, and conditions
upon Area Agency on Aging of Northwest Arkansas's part to be observed and performed, Area
Agency on Aging of Northwest Arkansas shall peaceable and quietly hold and enjoy the demised
premises for the term hereby demised without hindrance or interruption by City of Fayetteville,
subject to the terms and conditions of this Lease.
17. Succession. This Lease Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, successors and assigns.
18. Waste. Area Agency on Aging of Northwest Arkansas agrees not to commit waste, nor
permit waste to result or to be done to or upon the aforesaid property and premises; not to
conduct any business thereon or therein, nor store or permit to be stored thereon or therein any
explosives, combustible substances or materials of any nature, which would increase the fire
hazard or cause a premium to be charged for insurance higher than that charged for the present
use of said property; and not to operate, nor permit to be operated, nor to exist hereon or therein,
any public or private nuisance.
19. Severability. Each paragraph of this Lease Agreement is severable from all other
paragraphs. In the event any court of competent jurisdiction determines that any paragraph or
subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and
subparagraphs shall remain in full force and effect.
20. Interpretation. This Lease Agreement shall be interpreted according to and enforced
under the laws of the State of Arkansas.
21. Entire Agreement. This Lease Agreement contains the entire agreement of both parties
hereto, and no other oral or written agreement shall be binding on the parties hereto. This Lease
Agreement supersedes all prior agreements, contracts, and understandings of any kind between
the parties relating to the subject matter hereof. This Agreement may be executed in all or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
WITNESS OUR HANDS this 7 - day of Nov , 2024.
AREA AGENCY ON AGING
OF NORTHWEST ARKANS.
By: �� r -
Name
Executive Director
CITY OF FAYETTEVILLE,
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ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this day, personally appeared before me _kwv " , the f4Eca.-,J` 01mrOFthe
Area Agency on Aging of Northwest Arkansas, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he or she executed the same for the
purposes therein contained.
WITNESS my hand and official seal this ll day of _ .2024.
"n
My Commission Expires:
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
JUDY C PETERS
Notary Public - Arkansas
Boone County
Commission # 12392391
My Commission Expires Feb 14, 2033
On this day, personally appeared before me Lioneld Jordan and Jackson Shelton, Mayor
and Senior Deputy City Clerk of the City of Fayetteville, Arkansas, known to me to be the
persons whose names are subscribed to the within instrument and acknowledged that they
executed the same for the purposes therein contained.
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WITNESS my hand and official seal this f_ day of NNCMbcy' 2024.
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Notary P blic
My Commission Expires: `T 1 �2-033
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