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Home My WebLink About74-89 RESOLUTIONRESOLUTION NO: 74-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH THE FAYETTEVILLE HUMANE SOCIETY FOR OPERATION OF THE CITY ANIMAL SHELTER AND ENFORCEMENT OF ANIMAL CONTROL ORDINANCES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a lease agreement with the Fayetteville Humane Society for operation of the City Animal Shelter and enforcement of animal control ordinances. A copy of !the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made part hereof. PASSED AND APPROVED this !ATTEST 15th day of August 1989. �jCi�t�lyNCe kr. Sir 4'4.4 =eIR4- s.=COI . • APPROVED / BY:/ /41/8/C/. / /,%%/ p.-2 Mayor • F r LEASE AGREEMENT THIS LEASE AGREEMENT executed this /5 day of , 1989, by and between the City of Fayetteville, rkansas, hereinafter called Lessor, and Fayetteville Humane Society, Inc., hereinafter called Lessee. are and WHEREAS, Lessor has adopted animal control ordinances which codified as Chapter 4 of the Fayetteville Code of Ordinances; WHEREAS, pursuant to a separate agreement, Lessee serves as Lessor's agent for the purpose of enforcing the City's animal Control ordinances and operating the City's animal shelter; and WHEREAS, Lessor and Lessee propose to construct a new animal shelter on real property owned by Lessor west of the existing animal shelter site; and WHEREAS, the cost of constructing a new animal shelter will be shared by Lessor and Lessee. NOW, THEREFORE, Lessor and Lessee hereby agree as follows: 1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the real property described in Exhibit "A" attached hereto and made a part hereof. 2. The initial term.of this commencing on the day of the day of pursuant to the provisions hereof. lease shall be twenty (20) years , 1989 and terminating on , 2009, unless terminated earlier Lessor hereby grants Lessee an option to extend the term of this lease for up to three (3) additional terms of twenty (20) years each. Lessee shall exercise said option by giving Lessor Written notice at least ninety (90) days prior to the termination date of the initial term or any extended term of this lease. 3. Lessee shall use the demised premises solely for the purpose of constructing, operating and maintaining an animal control shelter. Should Lessee use the demised premises for any other purpose, Lessor shall have the right to terminate this agreement upon ten (10) days written notice to Lessee. Lessor shall also have the right to terminate this agreement upon ten (10) days written notice to Lessee if the separate agreement under which Lessee serves as Lessor's agent to enforce the City's animal control ordinances and operate the animal shelter is ever terminated. Fee simple title to the new animal shelter shall be vested in Lessor at all times. 4. Lessee agrees to pay, and Lessor agrees to accept, as rental for said premises, the sum of $10.00 per year on or before the last day of the first month of each year. 5. Lessee shall pay all real estate taxes and any improvement district assessed benefits levied against the demised premises and improvements constructed thereon. Lessee shall also pay any installation charge and all monthly charges for electricity, natural gas, water and sewer, sanitation, and cable television service to the new animal shelter to be constructed. 6. During construction of the new animal shelter, Lessee shall maintain, at Lessee's expense, builder's risk insurance in an amount equivalent to the construction contract price. Upon completion of the new animal shelter, Lessee shall maintain, at Lessee's expense, during the term of this lease, and any extended term, fire and extended coverage insurance in an amount equivalent to the replacement cost of the new animal shelter; and, Lessee shall maintain public liability insurance covering the demised premises and new animal shelter for the benefit and protection of re Lessor and Lessee in an amount not less than $ for injuries to or death of one or more persons and not less than $ for property damage, arising out of any one accident or occurrence. Lessee shall provide Lessor with a copy of the insurance policies required hereby, or certificates thereof, together with proof of payment of premium within twenty (20) days after issuance of said policies. All insurance policies required hereby shall name Lessor as an additional insured. Should the new animal shelter be damaged or destroyed, insurance proceeds shall be used to repair or re -construct the new animal shelter. 7. Lessee shall be responsible for all maintenance at the new animal shelter; and, Lessee shall, at Lessee's expense, maintain the new animal shelter in a clean and orderly manner at all times. 1 8. Upon completion of the new animal shelter, Lessee may make additions thereto provided said additions are made at no cost to Lessor. 9. Lessee shall not sublet any portion of the new animal shelter, or any additions thereto, without the express written consent of Lessor. i 10. Lessee shall not encumber the new animal shelter or the demised premises and shall pay all material men and laborers to insure that no liens are filed thereon. 11. If this agreement is terminated during the term of the lease or any extended term, Lessor shall either: a. refund to Lessee and to Washington County, Arkansas an amount of money equivalent to the contributions made by Lessee and Washington County, Arkansas for construction of the new animal shelter, or b. obtain an independent appraisal of the fair market value of the demised premises and the new animal shelter building, sell the land and new animal shelter at a sale price consistent with the appraisal to the extent possible, and divide the proceeds between the Lessor, Lessee and Washington County, Arkansas on a pro rata basis determined by the contributions made by Lessor, Lessee and Washington County, Arkansas for construction of the new animal shelter. • 12. All notices given under this lease shall be sent by certified mail, with return receipt, to the regular mailing address of Lessor and Lessee. Said addresses are: City of Fayetteville, Arkansas c/o City Manager City Administration Building 113 W. Mountain Fayetteville, AR 72701 Fayetteville Humane Society, Inc. c/o President P.O. Box 84 Fayetteville, AR 72702. 13. This agreement may .be amended by mutual agreement of the parties, but no such amendment shall be effective unless evidenced by a written agreement signed by the parties. 14. This agreement shall be binding upon the parties hereto and upon their successors and assigns. IN WITNESS WHEREOF, the parties have executed this agreement duplicate originals on the date first above written. itt r 16 f 4 ATTEST: City Cle • CITY OF F YETTEVILL , ARKANSAS By: / Q/1m/ Mayor FAYETTEVILLE HUMANE SOCIETY, INC. BY: (9/2fAc-nt. sident EXHIBIT A 7V P7 The part of Lot 3 of the Fayetteville Industrial Park of Fayetteville, Arkansas, described as beginning .at a point which is SO°26'W 460.58 feet from the NE Corner of said Lot 3; Thence SO° 26'W 144.82 feet; Thence along an existing fence N88°05'03"W 306.15 feet to the Easterly Right-of-way of Armstrong Road; Thence along said Right -of -Way N37°21'W 182.18 feet; Thence along an existing _fence S88°35'40"E 417.72 feet to the point of beginning. PLAT OF SURVEY LOCATION MAP SURVEY DESCRIPTION TRACT A A part of Lot 3 of The Fayetteville Industrial Park of Fayetteville, Arkansas, described as beginning at a point Whicg is SO 26'W 460.58 Leet from the NE Corner of said Lo/ 3; Thence 50 26'W 144.82 feet; Thence along an existing fence N88 05'03"W 306.15 feet to the Easterly Right -of -Way of 182.18 feet; Armstrong Thence said Thence along an exlating fence 8588°35'40"E 417.72 feat If to the point of beginning. TRACT B A part of Lot 3 of The Fayetteville Industrial Park of Fayetteville, Arkansas, described as beginning at a point Which Is. SO 2644 605.40 feet from the NE Corner of said Lot 3; Thence 50°2641 94.64 feet; '" Thence along a curve to the right, said curve having a radius of 100 feet and an arc length of 248.212feet; Thence along the Easterly Right -of -Way of Arrest6ong Road N37 21"W 207.29 feet; Thence along an existing fence S88, 05'03"E 306.15 feet to the point of beginning. MILNOLL.AND ENGINEERING & SURVEYING 205 J. Center FayeLtevi1le, Arkansas 72701 NAME CITY: CERTIFICATION I hereby certify this day that I have completed a survey as described and shown hereon and found conditions to be as resente S C. 'E;4INGWAY AR."P.L.S. N0. 852 LEGEND • —FOUND IRON PIN O —SET IRON PIN O —STONE MARKER 4-X.—EXISTING FENCE City of Fayetteville • Fayetteville STATE SCALE: Arkansas u -inns COUNTY: Bashing ton DATE Jnl.y :Y9, 1992 JOB NO.: