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HomeMy WebLinkAbout157-92 RESOLUTION• • • • RESOLUTION NO. 157-92 A RESOLUTION REPEALING RESOLUTION 123-92 APPROVED ON AUGUST 18, 1992 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW LEASE AGREEMENT WITH THE HUMANE SOCIETY FOR A ANIMAL SHELTER PARK. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby repeals Resolution 123-92 approved on August 18, 1992 and authorizes the Mayor and City Clerk to execute a new lease agreement with the Humane Society for a Animal Shelter Park. 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 6th day of October , 1992. APPROVED: By. Mayor ATTEST: By t • • • LEASE AGREEMENT THIS LEASE AGREEMENT executed this GA day of (1e74---t-c."-) 1992, by and between the City of Fayetteville, Arkansas, hereinafter called Lessor, and Humane Society of the Ozarks, hereinafter called Lessee, witnesseth: WHEREAS, Lessor and Lessee plan to build a parks facility at the Animal Shelter location, east of Armstrong Drive and south of the existing Animal Shelter; and, WHEREAS, The park will provide a variety of different outside facilities for the public as well as the animals in the shelter; 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 as follows: A part of Lot 3 of The Fayetteville Industrial Park of Fayetteville, Arkansas, described as beginning at a point which is S0°26'W 605.40 feet from the NE Corner of said Lot 3; Thence S0`26'W 94.64 feet; Thence along a curve to the right, said curve having a radius of 100 feet and an arc length of 248.21 feet; Thence along the Easterly Right -of -Way of Armstrong Road N37°21"W 207.29 feet; Thence along an existing fence 588`05'03"E 306.15 feet to the point of beginning. 2. The initial term of this lease shall be twenty (20) years commencing on the 7th day of October, 1992 and terminating on the 6th day of October, 201Z, unless terminated earlier pursuant to the provisions hereof. 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 t • 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 a parks facility. 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/assist the City's animal control ordinances and operate the animal shelter is ever terminated. 4. Further, should the City Board of Directors determine that it is in the best interest of the City to terminate this agreement or that the demised premises is needed for a higher priority public purpose, Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to Lessee. Should Lessor terminate said agreement under this clause, Lessor shall remit compensation for improvements made by the Lessee in the amount of the fair market value of improvements at the time the lease is terminated or the actual, verifiable amount expended on improvements, whichever is less. 5. Fee simple title to the park facility shall be vested in Lessor at all times. 6. 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. 2 lb • 7. 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, and sanitation. 8. During construction of the new parks facility, Lessee shall maintain, at Lessee's expense, builders risk insurance in an amount equivalent to the construction contract price. Lessee shall maintain public liability insurance covering the demised premises and new parks facility for the benefit and protection of Lessor and Lessee in an amount not less than $300,000.00 for injuries to or death of one or more persons and not less than $25,000.00 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. 9. Lessor shall be responsible for the leveling and grading of the land, building a drainage structure and mowing the grass and for any related costs thereto. Lessee shall be responsible for all maintenance of the new parks facility not specifically made the responsibility of the Lessor under the terms of this contract; and, Lessee shall, at Lessee's expense, maintain the new parks facility in a clean, orderly and sanitary manner at all times. 3 • • 10. Upon completion of the new parks facility, Lessee may make additions thereto provided said additions are made at no cost to Lessor. 11. Lessee shall not sublet any portion of the new parks facility, or any addition thereto, without the express written consent of Lessor. 12. Lessee shall not encumber the new parks facility or the demised premises and shall pay all materialmen and laborers to insure that no liens are filed thereon. 13. 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 Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 Humane Society of the Ozarks c/o President 1640 Armstrong Ave. Fayetteville, AR 72703 14. 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. 15. This agreement shall be binding upon the parties hereto and upon their successors and assigns. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate originals on the date first above written.