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HomeMy WebLinkAbout72-01 RESOLUTIONi RESOLUTION NO. 72-01 A RESOLUTION TO APPROVE A LEASE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND SAGE HOUSE, A NON-PROFIT AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council of Fayetteville, Arkansas, hereby approves the Lease Agreement (attached hereto as Exhibit A) with Sage House because it determines that the provision of rent subsidized transitional housing is a needed government service for the citizens of Fayetteville Section 2. The Mayor of the City of Fayetteville is authorized to sign this Lease Agreement for the City. PASSED and APPROVED this the S day of June, 2001. ATTEST: By /Set" Heather Woodruff, City Clerk APPROVED: Bv: COODY, May Le • me Sat LEASE AGREEMENT This Agreement, made and entered into this ,5 day of June, 2001, by and between the City of Fayetteville, Arkansas, hereinafter called "Lessor," and Sage House, hereinafter called "Lessee," Witnesseth: WHEREAS, Sage House is a non-profit agency established and dedicated to serve as a rent subsidized transitional housing facility; and, WHEREAS, providing transitional housing is a valid public purpose, and, WHEREAS, Sage House will provide such services within the City of Fayetteville. NOW, THEREFORE, the parties hereto agree as follows: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by the Lessee as obligations to the Lessor, the Lessor lets, leases and demises unto Lessee, subject to the terms and conditions contained herein, the following described property situated in Washington County, Arkansas. A part of the Northwest Quarter (NW 1/4) of Section 33, Township 17 North Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest comer of said Section 33; thence along the west line of said Section 33, South 02°28'11" West 1072.67 feet, to the Point of Beginning; thence leaving said West line of Section 33, South 87°22'27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline South 02°29'56" West 395.06 feet to a PK nail; thence leaving said centerline North 87°22'27" West 329.27 feet along the proposed north right of way of Crystal Springs Drive, to a set iron pin on the west line of said Section 33, thence along said West line, North 02°28'11" East 395.06 feet, to the Point of Beginning, containing 2.987 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side of the above described property, containing 0.272 acre, more or less, being within the existing west right of way of Dean Solomon Road. Containing a net acreage of 2.715 acres, more or less. To have and to hold said premises unto the said Lessee for and during the term herein stated, subject to the covenants, terms and conditions herein contained. 2. Term. This lease shall commence on July 1, 2001, and shall extend for a term of ninety-nine (99) years, ending at midnight on June 30, 2100. 3. Rent. In addition to other good and valuable consideration as set forth herein, Lessee agrees to pay to Lessor as rental the sum of One Dollar ($1.00) to be paid annually, with the first payment due upon execution of this agreement and subsequent payments due on the first day of each and every year thereafter during the term of this lease. • • 4. Use. Lessee agrees to use the lease premises for the purpose of constructing, operating and maintaining a rent subsidized transitional housing facility. If at any time the property ceases to be used for this purpose, the lease shall terminate. Lessee agrees to furnish rent subsidized transitional housing for Fayetteville citizens and residents throughout this lease period. Lessee shall deliver quarterly written reports to the Mayor's office concerning the number of Fayetteville citizens/residents housed or otherwise assisted by Sage House. 5. Improvements. Lessee may make any such improvements as are necessary to carry out the service of providing rent subsidized transitional housing facilities. 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. Taxes. Lessee shall pay any and all ad valorem taxes and special improvement district taxes levied and assessed against said premises and the improvements located thereon during the term of this lease. 7. Notices. All notices, requests, demands and other communications required by or permitted hereunder shall be in writing and shall be directed to the following: City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Sage House 614 E. Emma, Suite M401 Springdale, AR 72764 8. Assignment. Lessee shall not assign this lease or sublet the lease premises without prior written consent of the Lessor. Any such assignment or subletting shall in no way relieve Lessee form liability for the obligation imposed by this lease. Lessee may only be released from liability for the obligation imposed by this lease by a specific written release executed by Lessor. 9. Insurance. A. Lessee shall be solely responsible for maintaining insurance on its property, including movables, trade fixtures, furniture, furnishings and inventory, as well as improvements to the property. B. Lessee shall, during the term of this lease, maintain public liability insurance. The limits of such public liability insurance shall not be less than $500,000.00 per person and $500,000.00 per accident. The policy shall contain a clause that the insurer will not cancel or change the insurance without giving Lessor, ten days prior written notice. A certificate of such insurance shall be delivered to Lessor. 10. Maintenance. Lessee shall be responsible for all maintenance, routine preventative or corrective, on any and all improvements made to the leased property. • • 11. Compliance with Laws. Lessee agrees not to violate any law, ordinance, rule or regulation of any govemmental authority having jurisdiction of the leased premises. This agreement shall be govemed by the laws of the State of Arkansas. 12. Waste/Nuisance. Lessee agrees not to commit waste, nor permit waste to result or to be done to or upon the aforesaid premises. Further, Lessee agrees not to operate, nor permit to be operated, nor to exist thereon or therein, any public or private nuisance. 13. Title and Quiet Enjoyment. Lessor covenants and warrants that it is the owner in fee simply absolute of the leased premises and may lease said premises as herein provided. Upon payment by Lessee of the rents herein provided and upon the observance and performance of all the covenants, terms and conditions upon Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the demised premises for the term hereby demised without hindrance or interruption by Lessor or any other person or persons lawfully or equitably claiming by, through or under Lessor, subject to the terms and conditions of this lease. 14. Severability. Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 15. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals on this L day of June, 2001. ATTEST: By: Bather Woodruff, City Clerk CITY OF FAYETTEVILLE, Lessor By: /rt• / l cU"29 A COODY, Mayor • • LEASE AGREEMENT This Agreement, made and entered into this day of June, 2001, by and between the City of Fayetteville, Arkansas, hereinafter called "Lessor," and Sage House, hereinafter called "Lessee," Witnesseth: WHEREAS, Sage House is a non-profit agency established and dedicated to serve as a rent subsidized transitional housing facility; and, WHEREAS, providing transitional housing is a valid public purpose; and, WHEREAS, Sage House will provide such services within the City of Fayetteville. NOW, THEREFORE, the parties hereto agree as follows: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by the Lessee as obligations to the Lessor, the Lessor lets, leases and demises unto Lessee, subject to the terms and conditions contained herein, the following described property situated in Washington County, Arkansas. A part of the Northwest Quarter (NW 1/4) of Section 33, Township 17 North Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Section 33; thence along the west line of said Section 33, South 02°28'11" West 1072.67 feet, to the Point of Beginning; thence leaving said West line of Section 33, South 87°22'27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline South 02°29'56" West 395.06 feet to a PK nail; thence leaving said centerline North 87°22'27" West 329.27 feet along the proposed north right of way of Crystal Springs Drive, to a set iron pin on the west line of said Section 33, thence along said West line, North 02°28'11" East 395.06 feet, to the Point of Beginning, containing 2.987 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side of the above described property, containing 0.272 acre, more or less, being within the existing west right of way of Dean Solomon Road. Containing a net acreage of 2.715 acres, more or less. To have and to hold said premises unto the said Lessee for and during the term herein stated, subject to the covenants, terms and conditions herein contained. 2. Term. This lease shall commence on July 1, 2001, and shall extend for a term of ninety-nine (99) years, ending at midnight on June 30, 2100. 3. Rent. In addition to other good and valuable consideration as set forth herein, Lessee agrees to pay to Lessor as rental the sum of One Dollar ($1.00) to be paid annually, with the first payment due upon execution of this agreement and subsequent payments due on the first day of each and every year thereafter during the term of this lease. • • 4. Use. Lessee agrees to use the lease premises for the purpose of constructing, operating and maintaining a rent subsidized transitional housing facility. If at any time the property ceases to be used for this purpose, the lease shall terminate. Lessee agrees to furnish rent subsidized transitional housing for Fayetteville citizens and residents throughout this lease period. Lessee shall deliver quarterly written reports to the Mayor's office concerning the number of Fayetteville citizens/residents housed or otherwise assisted by Sage House. 5. Improvements. Lessee may make any such improvements as are necessary to carry out the service of providing rent subsidized transitional housing facilities. 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. Taxes. Lessee shall pay any and all ad valorem taxes and special improvement district taxes levied and assessed against said premises and the improvements located thereon during the term of this lease. 7. Notices. All notices, requests, demands and other communications required by or permitted hereunder shall be in writing and shall be directed to the following: City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Sage House 614 E. Emma, Suite M401 Springdale, AR 72764 8. Assignment. Lessee shall not assign this lease or sublet the lease premises without prior written consent of the Lessor. Any such assignment or subletting shall in no way relieve Lessee form liability for the obligation imposed by this lease. Lessee may only be released from liability for the obligation imposed by this lease by a specific written release executed by Lessor. 9. Insurance. A. Lessee shall be solely responsible for maintaining insurance on its property, including movables, trade fixtures, furniture, furnishings and inventory, as well as improvements to the property. B. Lessee shall, during the term of this lease, maintain public liability insurance. The limits of such public liability insurance shall not be less than $500,000.00 per person and $500,000.00 per accident. The policy shall contain a clause that the insurer will not cancel or change the insurance without giving Lessor, ten days prior written notice. A certificate of such insurance shall be delivered to Lessor. 10. Maintenance. Lessee shall be responsible for all maintenance, routine preventative or corrective, on any and all improvements made to the leased property. • • 11. Compliance with Laws. Lessee agrees not to violate any law, ordinance, rule or regulation of any governmental authority having jurisdiction of the leased premises. This agreement shall be governed by the laws of the State of Arkansas. 12. Waste/Nuisance. Lessee agrees not to commit waste, nor permit waste to result or to be done to or upon the aforesaid premises. Further, Lessee agrees not to operate, nor permit to be operated, nor to exist thereon or therein, any public or private nuisance. 13. Title and Quiet Enjoyment. Lessor covenants and warrants that it is the owner in fee simply absolute of the leased premises and may lease said premises as herein provided. Upon payment by Lessee of the rents herein provided and upon the observance and perfonnance of all the covenants, terms and conditions upon Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the demised premises for the term hereby demised without hindrance or interruption by Lessor or any other person or persons lawfully or equitably claiming by, through or under Lessor, subject to the terms and conditions of this lease. 14. Severability. Each paragraph of this lease agreement is severable from all other paragraphs In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 15. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals on this day of June, 2001. ATTEST: By: Heather Woodruff, City Clerk CITY OF FAYETTEVILLE, Lessor By: DAN COODY, Mayor FAQ TTEVI? E THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Yolanda Fields, Community Development From: Heather Woodruff, City Clerk Date: June 18, 2001 Attached is a copy of the resolution approving the agreement with Sage House. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit De Mc NAME OF FILE: Resolution No. 72-01 CROSS REFERENCE: 06/05/01 Resolution No. 72-01 06/05/01 Lease Agreement with Sage House 06/18/01 Departmental Correspondence to Yolanda Fields, Community Development, from Heather Woodruff, City Clerk NOTES: