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HomeMy WebLinkAbout34-85 RESOLUTION1 r • RESOLUTION NO. 34-85 SCANNED A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK 'IU EXECUTE A LEASE AGREEMENT WITH ECONOMIC OPPORTUNITY AGENCY OF WASHINGTON COUNTY, INC., AND SCAN VOLUNTEER SERVICES, INC., EOR THE NEW CHILDREN'S HOUSE/SCAN FACILITY. 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., and SCAN Volunteer Services, Inc., for the new Children's House/SCAN Facility. 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 2nd day of April , 1985. 'Ns A Y `c LAT1'ESST+.d n' C Y •y Clerk unit.1 • Mayor • • • LEASE AGREEMENT TI -IIS AGREEMENT executed this day of • , 198 , 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 facility for Children's House. A part of the Northwest (NW) 1/4 of the Northeast (NE) 1/4 of Section Twenty -Nine (29), Township Sixteen (16) North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described as follows: Beginning at a point that is South 747.2 feet and West 732.6 feet from the NE corner of said 40 acre tract; thence !Vest 254.2 feet to the existing East right-of-way line of Cato Springs Road (Ar. State Hwy 265); thence N 16° 14' E 182.26 feet with said right-of-way; thence East 203.2 feet; thence south 175.0 feet to the point of beginning, containing 0.92 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to any easements or right-of-ways of record. 2. The original term of this Lease shall commence on the first day of beneficial occupancy by Lessee 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. Notice to the Lessee shall be given in writing addressed to Lessee's regular mailing address and 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 Children's House, funded by the Department of Health and Human Services, Office of Human Development Servi- ces, and will NOT operate any other program in the facility. Should the Depart- ment of Health and Human Services and Economic Opportunity Agency cease to he the provider of the Children's House program in the City of Fayetteville, Arkansas, this Lease Agreement will automatically terminate and Lessee will immediately vacate the demised premises and return all keys to Lessor. Ij 0 • 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 during the lease term, ordinary wear and tear and casualties beyond control alone expected, and Lessee shall return the leased premises of repair Lessee's at the expi- ration or termination of this Lease in good order and condition excepting only • ordinary 7. property Lease or pro rata formula: Amount of Lessee insurance reimbursement 8. Lessee shall maintain wear and tear and casualties beyond Lessee's control. Lessor will carry fire and extended coverage insurance on the demised and shall maintain such policy in force throughout the terms of this any extension thereof. Lessee agrees to reimburse Lessor for Lessee's share of the premium for such insurance according to the following premium ments of Square footage leased to Lessee X Total Insurance Total square footage Premium complete and accurate monthly financial state - 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. 9. Lessee agrees to hold Lessor harmless for any claim, expense, loss or liability suffered or occasioned as a result of Lessee's use of occupancy of the demised premises. 10. It is understood by both parties that the sole purpose of this lease is to provide Children's house Facility for HUD eligible programs to be carried out under the direction of Lessee. covenants that it is aware Lessee therefore specifically warrants and of these eligibility requirements and that it will provide adequate and appropriate documentation certifying as to the eligibility of these programs. Should the project as a by IUD to be an ineligible activity, Lessee any costs incidentally incurred thereby. whole, or any part thereof, be found shall hold the Lessor harmless from -3- • 11. 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. 12. .Lessee will comply with the regulations, policies, guidelines and re- quirements 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. 13. Lessee will comply with all requirements imposed by HUD concerning special requirements of law, program requirements, and other administrative re- quirements, approved in accordance with OMB Circular No. A-102, Revised. 14. 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 Fede- ral 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. 15. Lessee will comply with Section 109 of the Housing and Community Deve- lopment 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 or activity funded in whole or in part with funds provided under 24 CFR • 570. 16. Lessee will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportu- nities for training and employment be given to lower-income residents of the ri project area and contracts for work in connection with the project he awarded to eligible business concern which are located in, or owned in substantial part by, persons residing in the area of the project. 17. Lessee will establish safeguards to prohibit employees from using posi- tions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those family, business; or other ties. 18. Lessee will comply with the provisions of the (latch the political activity of employees. with whom they have Act which limits 19. Lessee 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. 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 com- plete access to all of Lessee's records during all reasonable hours and shall have the right to inspect and copy said records. 20. Lessee will insure 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 FIUD 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. 21. In the event Lessee violates any of the above stipulations as to use of the building, Lessor shall have 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. 22. Lessee shall not sublet the leased premises without the prior written consent of Lessor. • -5- IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. ATTEST: BITYC(/ BY SASOR ATTEST.: Notary Pubdic 9 My Commission Expires: ECONOMIC OPPORTUNITY AGENCY OF WASHINGTON' COUNTY, INC., LESSEE SWORN TO AND SUBSCRIBED TO BEFORE ME TUIS / 3IDAY OF K2.,-;",,=.7 , 1985. d