HomeMy WebLinkAbout2-91 RESOLUTION.-4
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RESOLUTION NO. 2-91
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT WITH THE
COUNCIL ON AGING, INC.
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
Council On Aging, Inc., for the use of the Sang Avenue Senior
Center in the amount of $1.00 per year for a period of beginning
January 1,41991 and ending December 31, 1992. A copy of the lease
agreement authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
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PASSED AND APPROVED this 2nd day of January , 1991.
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APPROVED:
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LEASE, AGREEMENT
THIS AGREEMENT executed this
19 91 , by and between
hereinafter called Lessor,
hereinafter called Lessee.
2nd day of January
the City of Fayetteville, Arkansas,
and the Council on Aging, Inc.,
In consideration of the mutual covenants contained herein, Lessor
and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee the following described
real ;property and all improvements thereon, to be used
for the purpose of a Sang Avenue Senior Citizens Center:
Lot Number One (1) in Block Number One (1) Abshier's
Third Addition to the City of Fayetteville, Arkansas, as
per plat of said Addition on file in the office of the
Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas.
2. The term of this Lease shall commence on January 1, 1991
and shall terminate on December 31, 1992. The Lease may
be renewed for additional terms of two years by mutual
consent. The Lease may be terminated by either party in
writing at least thirty (30) days prior to expiration of
the Lease term. However, Lessor shall be obligated to
enter into a similar lease with the Area Agency on Aging
of Northwest Arkansas or its designated subcontractor
which has been awarded funds to provide services to the
Sang Avenue Senior Citizens Center.
3 In consideration for the use of the 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
first day of January of each year of the lease term.
4 Lessee agrees to provide the following services to
eligible elderly residents of the City of Fayetteville:
a. Operate the Center so as to be open to the
public a minimum of five (5) hours per day,
five (5) days per week (Monday through Friday),
except holidays;
b. Act as a resource center for information and
referral in accordance with the Older Americans
Act of 1965 as amended;
c. Serve one congregate meal five (5) days per
week (Monday through Friday), except holidays;
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d. Provide home -delivered meals to qualified
participants who reside in Fayetteville and are
home -bound;
e. Provide transportation to and from the Center
where available, free of charge, for
participants who are without transportation;
f. Provide recreation activities at the Center at
regularly scheduled times.
5 Minimum Center staff requirements will be:
a. Director of Elderly Services and Nutrition Program;
b. Site Manager/Secretary;
c. Other staff deemed necessary by the Director.
Only offices directly connected with the Elderly
Nutrition•Program/Senior Center operation will be housed
at the Senior Center. An Advisory Council, one member
of which will represent the City of Fayetteville, may
advise policy decisions concerning site activities and
functions.
6. 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.
7. Lessee agrees that, at its own expense, it will keep and
maintain the premises and all improvements thereon in
good condition and repair at all times as determined by
Lessor. Lessor shall have the right to inspect the
premises at reasonable times.
Lessee further agrees to be responsible for yard
maintenance and for the maintenance of all heating,
electrical, air-conditioning, and plumbing equipment on
the premises.
8. Lessor will allocate a property insurance premium to
Lessee annually. Lessee agrees to pay this allocation
premium in a timely manner following notification by the
Lessor. Lessee may provide other insurance for contents
of the building as they deem necessary.
9. Lessee shall maintain at all times a current and complete
record of all activities conducted on the leased premises
in a form acceptable to Lessor and Lessee shall submit
a quarterly (every three months from date of original
Lease term) activity report to Lessor's Community
Development Office on or before the 15th day of the month
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following the ending month of each quarter. The report
will provide the Lessor information on the number of
persons using the Center, number of •meals/units served
(including delivered meals) and any other information on
special activities Lessee deems appropriate.
10. An annual Financial Report will be submitted within sixty
(60) days following the end of Lessee's fiscal year.
11. The Lessor and the Department of Housing and Urban
Development through any authorized representatives shall
have complete access to Lessee's records, including
financial records, duringreasonable hours an shall have
the right to inspect and copy said records.
12. The Lessee agrees to occupy and use the premises in a
manner consistent with the requirements of 24 CFR Part
570 of the Housing and Community Development Act of 1974
and to comply with the terms and conditions of this
agreement and all local, STate and Federal laws governing
such use.
13. 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 premises.
14. In the event the Lessee violates any of the stipulations
contained herein, Lessor has the right to terminate this
Lease by giving thirty (30) days written notice to Lessee
specifying the violation and effective date of the
termination; 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.
15. Lessee shall not sublet the leased premises without the
prior written consent of Lessor.
16. By executing this agreement, the Lessor does not waive
its statutory tort immunity under Arkansas Code Ann.
Section 21-98-301 (1987).
17. The United Statesshall be deemed to be a beneficiary of
these provisions both for an in its own right and also
for the purpose of protecting the interestsof the
Community and other parties, public or private, in whose
favor or for whose benefit these provisions have been
provided and shall have the right, in the event ofany
breach of these provisions, to maintain any actions or
suits at law or in equity or any other property
proceedings to enforce this Lease.
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IN WITNESS WHEREOF, the parties have execed this Lease Agreement
on the date first above written.
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CITY OFFYETTgILLE
COUNCIL ON AGING, INC.
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