HomeMy WebLinkAbout01-87 RESOLUTIONRESOLUTION NO. 1-87
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LEASE AGREEMENT WITH PROJECT FOR
VICTIMS OF FAMILY VIOLENCE, INC. FOR THE SHELTER
FOR VICTIMS OF,DOMESTIC VIOLENCE SITE.
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 Project for Victims of Family Violence,
Inc. for the shelter for victims of domestic violence site. 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 6 day of • January
ATTEST
2•1:0
)?rz' �Y7
• e
APPROVED
By
1987.
LEASE AGREEMENT
THIS AGREEMENT executed this % day of
917, by and
between the City of Fayetteville, Arkansas, hereinafter called Lessor, and
Project for Victims of Family Violence, Inc. hereinafter called Lessee..
In consideration of the mutual covenants contained herein,'Lessor and
•
Lessee herebyagree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, the following described real property and all improvements thereon:
Part of the South half of the Southwest Quarter of. the. Southwest
Quarter of Section 21, Township 16 North, Range 30 West, and being.
more particularly described as follows, to -wit: Beginning at.a
point 23S' North of the Southwest corner of said 20 acre tract, and
running thence North 90'; thence East 1S0'; thence .North 235'; thence
East 150 feet; thence North 100'; thence .East 370'; thence South.34
degrees 52 minutes West 402.2';.thence'South 18 degrees 26 minutes
East 59.8'; thence South 12 degrees 30 minutes West 30'; more or less
to the Northeast corner of a tract of land conveyed to Ardean Fallwell,
et ux, in Deed Record 887 at page 97 of the records of Washington
County, Arkansas, thence West 450 feet, more or less, to the point of
beginning; said property being located at 1932 South Garland Avenue.
2. The original term of this Lease shall commence on the / day of
S�p7Em6E�2 19 p and shall terminate on the 31 day of /97st— ,
19$g at 5:00 o'clock . PM . This Lease shall be automatically extended
for an additional term of two years unless written notice of termination is
given by Lessor or Lessee to the other party's last known mailing address at
least thirty (30) days prior to expiration of the original term of this Lease.
3. In consideration for the use of the demised premises, Lessee agrees
to pay Lessor the sum of $ 1.00 per year payable in advance on or before
the 1st day of each January.
4. 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.
5. Lessee agreesthat 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 mainte-
nance of all heating, electrical and airconditioning 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 ca-
sualties beyond Lessee's control alone excepted, and Lessee shall return the,.,
•
leased premises at the expiration or termination of this Lease in good order
and condition excepting only ordinary wear and tear and casualties beyond
lessee's control.
6. 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 term
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 orcancellations of said policy. Lessor shall specify the amount of said
insurance.
7. Lessee shall maintain at all times a current and complete record of
allactivities 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 day 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
9 have the right to inspect and copy said records.
8. Lessee shall maintain complete and accurate monthly financial state-
1 ments for all activities conducted on the leased premises. Lessee shall file
a copy of each month's financial statement with Lessor's Department of Community
Development on or before the 15th day of the following month.
9.- 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.
10. The Lessee agrees 'to.domply with all rules and regulations as estab-
1 lished by the Department of Housing and Urban Development for programs financed
by the Housing and Community Development Act of 1974.
11. The Community Development Program has been developed so as to give
maximum feasible priority to activities which will benefit low and moderate
.I
`� income families or aid in the prevention or elimination of slums or blight.
-_ The Lessee assures that the funds will be used for these purposes.
12. Lessee will comply with the regulations, policies, guidelines and
requirements of OMB Circular No. A-102, Revised, and .Federal Management
.71
•
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
requirements, 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
and benefits of, or be otherwise subjected to discrimination under any program
or activity for which the applicant received Federal financial assistance and
will immediately take any measures necessary to effectuate this assurance. If
cany real property or structure thereon is provided or improved with the aid of
Federal financial assistance extended to the applicant, this assurance shall
1 ..
obligate the applicant, 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.
=ra
15. Lessee will comply with Section 109 of the Housing and Community
Development Act of 1974, and the regulations issued pursuant thereto (24 CFR
NPart 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.
16. 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
'',4opportunities for training and employment be given to lower-income residents
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 sub-
stantial part by, persons residing in the area of the project.
17. Lessee will establish'safeguards to prohibit employees from using
positions for a purpose that is or gives the appearance of being motivated by
desire for private gain for themselves or others, particularly those with
:whom they have family, business,.or other ties.
•
18. Lessee will comply with the provisions. of the Hatch Act which limits
:;the political activity of employees.
Lessee will give.HUD and the Comptroller General through any autho-
rized representatives access to and the right to examine all records, books,
.,papers, or documents related to the program.
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 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.
21. Lessee will comply with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of: 1973, P.L. 93-234, 87
Stat..97S, approved December 31, 1973. Section 103(a) required, on and after
,IMarch2, 1974, the purchase of flood insurance in communities where such insu-
ri
rance is available as a.condition for the receipt of any Federal financial
1 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 fi-
nancial 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.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the
date first above written.
ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
BY: �-iii
h YOR1/
LESSEE
By:
•
0
114 ar;-,./