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HomeMy WebLinkAbout106-82 RESOLUTION1 RESOLUTION NO. /t9 202 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH ECONOMIC OPPORTUNITY AGENCY OF WASHINGTON COUNTY, INC. FOR THE OPERATION OF A NEIGHBORHOOD HEAD START 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 lease agreement with Economic Opportunity Agency of Washington County, Inc. for the operation of a neighborhood Head Start Center. A copy of the lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1982. ~ATTEST: CITY CLERK day of ! ,s APPROVED: 91azkg, /.64, MAYOR • 'Z S • LEASE AGREEMENT THIS AGREEMENT executed this day of dL'fY 07 , 1982, by and between the City of Fayetteville, Arkansas, hereinafter called Lessor, and Economic Opportunity Agency of Washington County, Inc., 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 Head Start Facility. 2. The original term of this Lease shall commence on the first day of beneficial occupancy and shall terminate two years thereafter. 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.O. Drawer "F", Fayetteville, Arkansas, 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 the 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 4. Lessee agrees to operate the leased facility as a neighborhood Head Start center, funded by the Department of Health and Human Services, -2- 1 Office of Human Development Services, and will NOT operate any other program in the facility. Should Economic Opportunity Agengy cease to be the provider of the Head Start program in the City of Fayetteville, Arkansas, this Lease Agreement will automatically terminate and Lessee will return to Lessor the above mentioned facility. The Lessor may then lease said facility to a third party to operate a qualified program. 5. 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. 6. Lessee agrees that it will keep and maintain the demised premises and all improvements thereon in good condition and repair at all times. Lessee agrees to be responsible for yard maintenance and for the maintenance 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 expected, and Lessee shall return the leased premises at the expiration of termination of this Lease in good order and condition expecting only ordinary wear and tear and casualities beyond Lesses's control. 7. 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. 8. 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 Department of Community Development on or before the 15th of each month. Lessor and the United States Department of Housing and Urban Development shall have complete access to all of Lesses's records during all reasonable hours and shall have 17 7 • the right to inspect and copy said records. 9. Lessee shall maintain complete and accurate monthly financial state- ments 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. 10. 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. 11. It is understood by both parties that the sole reason for this activity is to provide Headstart facilities for HUD eligible programs to be carried out under the direction of Lessee. Lessee therefore specifically warrants and covenants that it is aware of these eligibility requirements and that it will provide adequate and appropriate documentation certifying as to the eligibility of these programs. Since the programs are exclusively the responsibility of the Lessee, should the project as a whole, or any part thereof, be found by HUD to be an ineligible activity, Lessee shall hold the Lessor harmless from any costs incidentally incurred thereby. 12. Lessee will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 197.3, P.L. 93-234, 87 Stat. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such in- surance 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 as an area having special flood hazards. The phrase "Federal financial assistance" included 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. 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 in Fayetteville or aid in the prevention or elimination of slum or blight in Fayetteville. 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 Cir- cular 74-4 as they relate to the application, acceptance, and use of Federal funds under 24 CFR 570. • • • -4- • • 5 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 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 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. 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 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. 19. Lessee will establish safeguards to prohibit employees from 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'wi11 comply with the provisions of the Hatch Act which limits the political activity of employees. 21. Lessee will give HUD and the Comptroller General thfough 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 of super- vision which shall be utilized in the accomplishment of the program are not listed on the Enviromental 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 pripr 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. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. ATTEST: ATTEST: votary Public My Commission Expires. BY TYgYE Ldillip iJ L SOR ECONOMIC OPPORTUNITY AGENCY OF WASHINGTON COUNTY, INC., LESSEE BY C61A--C Lt-& SWORNTO AND SUBSCRIBED TO..BEFORE ME THIS C? GDAY OF 44 1982.