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HomeMy WebLinkAbout104-01 RESOLUTION• • RESOLUTION NO. 104-01 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. FOR A SHELTER SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a lease with Project For Victims of Family Violence, Inc., for a shelter 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 17th day of July, 2001. %t Toro. s ' /7*tO•J ATTEST: eather Woodruff, City CI APPROVED: By: • • EXHIBIT A LEASE AGREEMENT THIS AGREEMENT executed this /7 day o 001, 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 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: 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 235' North of the Southwest corner of said 20 acre tract, and running thence North 90'; thence East 150'; thence North 235'; thence East 150 feet; thence North 100'; thence East 370'; thence South 34° 52' West 402.2'; thence South 18° 26' East 59.8'; thence South 12° 30' 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. 2. The original term of this Lease shall commence on the 15t day of July, 2001, and supercedes and replaces the current lease between the parties and shall terminate on the 151 day of July, 2005 at 5:00 P.M. This Lease shall be automatically extended for an additional term of four 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 July and perform all other duties and responsibilities listed below. 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. Ex Ag • • ,\ro°' 5. Lessee may make any such improvements as are necessary to carry out the service of providing protective housing for victims of farruly violence. Lessee agrees that it will keep and maintain the demised prenuses and all improvements thereon in good condition and repair at all times. Lessee agrees to be responsible for yard maintenance and for the maintenance and replacement 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 of repair during the lease term, ordinary wear and tear and casualties beyond Lessee's control along 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. Design for any such improvements shall be approved by the City of Fayetteville. Upon termination of this lease, all improvements shall become the property of Lessor. 6. Lessee agrees to carry fire and extended coverage insurance on the improvements on the derrused premises, which policy shall name Lessor as an insured and Lessee agrees to maintain said policy in force throughout the term of this Lease and any extension thereof. Said policy shall be in an amount approved 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 or cancellations of said policy. 7. Lessee agrees to provide emergency housing in a protective setting to Fayetteville residents who qualify for its protective services. Lessee further agrees to assist Fayetteville residents who qualify for its protective housing with appropriate and available counseling and other services. 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 day of each month. Lessor and the United States Department of Housing and Urban Development shall have complete access to all of Lessee's records during all reasonable hours and shall have the right to inspect and copy said records. 2 • • 8. Lessee shall maintain complete and accurate monthly financial statements 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 comply with all rules and regulations as established by the Department of Housing and Urban Development for programs finances 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 income families or aid in the prevention or elimination of slums or blight. The Lessee assures that the funds will be use for these purposes. 12. Lessee will comply with the regulations, policies, guidelines and requirements 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 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 the 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 any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for 3 • • 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 Development 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 form 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 opportunities for training and employment be given to lower-income residents of 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 substantial 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 a 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. 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. 20. Lessee will ensure 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. 4 • • 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. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial 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 financial assistance" shall be included in 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: eather Woodruff, City nee" CITY OF FAYETTEVILLE, ARKANSAS, Lessor BY: DAN COODY, Mayor 5 President or Authorized R PROJECT FOR VICTIMS • FAMILY VIOLENCE, INC. resentative of • NAME OF FILE• Resolution No. 104-01 • CROSS REFERENCE: 07/17/01 Resolution No. 104-01 07/17/01 Exhibit "A" (Lease Agreement with Project for Victims of Family Violence, Inc.) 07/05/01 Memo to Mayor Dan Coody and City Council from Hugh Earnest, Urban Development Director, regarding Project for Victims of Family Violence 07/17/01 Staff Review Form 07/23/01 Departmental Correspondence to Yolanda Fields, Community Development from Heather Woodruff, City Clerk NOTES: 1 RESOLUTION NO. • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. FOR A SHELTER SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a lease with Project For Victims of Family Violence, Inc., for a shelter 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 day of June, 2001. APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk • • LEASE AGREEMENT THIS AGREEMENT executed this /7 day of'at'2001, 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 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: 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 235' North of the Southwest corner of said 20 acre tract, and running thence North 90'; thence East 150'; thence North 235'; thence East 150 feet; thence North 100'; thence East 370'; thence South 34° 52' West 402.2'; thence South 18° 26' East 59.8'; thence South 12° 30' 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. 2. The original term of this Lease shall commence on the Pt day of July, 2001, and supercedes and replaces the current lease between the parties and shall terminate on the 1s1 day of July, 2005 at 5:00 P.M. This Lease shall be automatically extended for an additional term of four 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 July and perform all other duties and responsibilities listed below. 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 may make any such improvements as are necessary to carry out the service of providing protective housing for victims of family violance. 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 replacement 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 of repair during the lease term, ordinary wear and tear and casualties 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. Design for any such improvements shall be approved by the City of Fayetteville. Upon termination of this lease, all improvements shall become the property of Lessor. 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 and any extension thereof. Said policy shall be in an amount approved 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 or cancellations of said policy. 7. Lessee agrees to provide emergency housing in a protective setting to Fayetteville residents who qualify for its protective services. Lessee further agrees to assist Fayetteville residents who qualify for its protective housing with appropriate and available counseling and other services. 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 day of each month. Lessor and the United States Department of Housing and Urban Development shall have complete access to all of Lessee's records during all reasonable hours and shall have the right to inspect and copy said records 2 • • 8. Lessee shall maintain complete and accurate monthly financial statements 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 comply with all rules and regulations as established by the Department of Housing and Urban Development for programs finances 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 income families or aid in the prevention or elimination of slums or blight. The Lessee assures that the funds will be use for these purposes. 12. Lessee will comply with the regulations, policies, guidelines and requirements 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 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 the 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 any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for 3 • • 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 Development 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 form 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 opportunities for training and employment be given to lower-income residents of 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 substantial 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 a 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. 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. 20. Lessee will ensure 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 4 • • 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. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial 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 financial assistance" shall be included in 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: Heather Woodruff, City Clerk CITY OF FAYETTEVILLE, ARKANSAS, Lessor BY: DAN COODY, Mayor BY: President or Authorized Representative of PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. 5 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS • Date: To: July 5, 2001 Mayor Dan Coody City Council From: Hugh Earnest Urban Development Director Subject: Project for Victims of Family Violence Background The City of Fayetteville's 2001 Consolidated Action Plan covering the expenditure of $665,000 was submitted to HUD in November 2000. The City Council accepted the block grant by resolution in April of this year. By way of explanation, the Action Plan submitted last November listed in some detail the individual projects proposed for completion during this year. A list of those projects was included with the Sage House memo. Current Status The council is being asked to execute a lease agreement with the Project for Victims of Family Violence for two acres of land. The site will be utilized for construction of a shelter. Recommendation The Staff recommends approval of the Resolution. 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 r • STAFF REVIEW FORM • _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW 7ui17 FOR: COUNCIL MEETING OF i3saft, 2001 MAYOR'S APPROVAL FROM: Kit Williams City Attorney Name Division Legal Department ACTION REQUIRED: A Resolution to approve a lease agreement with the Project for Victim's of Family Violence, Inc. to lease city land for the construction of a new Battered Women's Shelter. COST TO CITY: a l4— Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used to Date Program Name Remaining Balance B D T EVIEW: Budgeted Item -21-a( Budget Coordinator 662. Ault. Fund Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: -2196Lidecletatil 40,401y ?-Th ATI 412C1. cob -f 101 Accounting Manager Date Internal Au for Date `7�� — s -2J -o! City Ftomey Date ADA Coordinator Date ro-a8-o1 Purchasing Officer Date STAFF RECOMMENDATION: Division Head Date CROSS REFERENCE New Item: Yes Ne Previous Ordinance/Resolution No.: St Fc Description '"k Conents: qudget Coordinato Does ?age 2 SfAPP REGIS PORI taw Q i1 K c t Y itaji V LbL , Meeticc Cate.7— I 1 tLeQ A3 tl.-cY (bit CCA-cli Reference Coneots: 4- tA-cir A i4j 1 Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVIrLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Yolanda Fields, Community Development From: Heather Woodruff, City Clerk Date: July 23, 2001 Attached is a copy of the resolution authorizing a lease agreement with Project for Victims of Family Violence. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit