Loading...
HomeMy WebLinkAbout54-02 RESOLUTION• RESOLUTION NO. 54-02 A RESOLUTION TO APPROVE A 99 YEAR LEASE OF 8.16 ACRES OF PARK LAND TO THE FAYETTEVILLE YOUTH CENTER, INC. WHEREAS, on August 21, 2001, the City of Fayetteville entered into a Contractual Agreement with the Fayetteville Youth Center, Inc. and agreed "to enter into a long term lease for the park land"; and WHEREAS, it remains in the best interests of the citizens of Fayetteville to lease this park land adjoining the new Boys and Girls Club funded primarily by a grant from the Donald W. Reynolds Foundation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby agrees to lease the 8.16 acres of park land adjoining the new Boys and Girls Club to the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls dub, Inc. for 99 years, pursuant to the terms and conditions of the Lease Agreement attached as Exhibit A. The mayor is authorized to sign this Lease Agreement. PASSED and APPROVED this 2nd day of April, 2002. •B Woodruff, City C rk APPROVED: DAN COODY, ye • NAME OF FILE: CROSS REFERENCE: Resolution No. 54-02 04/02/02 Resolution No. 54-02 04/02/02 Lease Agreement with the Fayetteville Youth Center d/b/a Fayetteville Boys and Girls Club 03/12/02 Memo to Mayor Coody and City Council thru Hugh Earnest, Urban Dev. Director, from Connie Edmonston, Parks & Recreation Superintendent, regarding lease agreement 04/02/02 Staff Review Form 04/03/02 Memo to Connie Edmonston, Parks & Recreation Superintendent, from Heather Woodruff, City Clerk NOTES: RESOLUTION NO. A RESOLUTION TO APPROVE A 99 YEAR LEASE OF 8.16 ACRES OF PARK LAND TO THE FAYETTEVILLE YOUTH CENTER, INC. WHEREAS, on August 21, 2001, the City of Fayetteville entered into a Contractual Agreement with the Fayetteville Youth Center, Inc. and agreed "to enter into a long term lease for the park land"; and WHEREAS, it remains in the best interests of the citizens of Fayetteville to lease this park land adjoining the new Boys and Girls Club funded primarily by a grant from the Donald W. Reynolds Foundation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby agrees to lease the 8.16 acres of park land adjoining the new Boys and Girls Club to the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. for 99 years, pursuant to the terms and conditions of the Lease Agreement attached as Exhibit A. The mayor is authorized to sign this Lease Agreement. PASSED and APPROVED this 2nd day of April, 2002. ATTEST By: Heather Woodruff, City Clerk APPROVED: DR An By. DAN COODY, Mayor • • Res. 54-02 Fa Fa LEASE AGREEMENT This Agreement of Lease ("Lease"), made and entered into thiseday ofArii, 2002, by and between the City of Fayetteville, Arkansas, its successors and assigns hereinafter designated as "Lessor," and Fayetteville Youth Center d/b/a Fayetteville Boys and Girls Club, hereinafter designated as "lessee," Witnesseth: WHEREAS, Lessor is the owner of real property located within the boundaries of the City of Fayetteville, Washington County, State of Arkansas; and, WHEREAS, Lessee is the owner of the adjacent property on which it intends to construct a new facility for the Fayetteville Boys and Girls Club; and, WHEREAS, the Lessee wishes to use the Lessor's land for playing fields, parking, trails, and other items needed for the operation of the facility. NOW, THEREFORE, the parties agree as follows: 1. 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, Tract Five (5) of the WHM Land Investments, Inc., containing 5.37 acres, more or less, subject to easements and rights-of-way of record. AND Tract Six (6) of the WHM Land Investments, Inc., containing 2.79 acres, more or less, subject to easements and rights-of-way of record. 2. TERM. The term of this Lease shall be ninety-nine years beginning on the date of execution and ending ninety-nine years later. Res. 54-02 3. RENTAL. Lessee agrees to pay as rent for said leased premises One Dollar ($1.00), each year payable in advance on the date of execution and on the anniversary date of such execution at the address of the Lessor or at such other place as Lessor may designate by written notice to Lessee. 4. USE Lessor covenants that the subject real property shall be used for recreational purposes and for no other purpose without written consent of Lessor having been obtained in advance. It is understood that a portion of the property will be used for parking and other necessary functions relating to the facility. 5. ASSIGNMENT and LEASE Lessee shall have no right at any time during the term of this Lease or any renewal or extension thercof to assign or sublease. However, Lessee may allow other organizations temporary or seasonal use of the property provided Lessee remains the primary user. 6. INSURANCE A. Lessee shall maintain, at its own cost and expense, public liability insurance, naming Lessor as an additional insured with limits of liability in an amount of One Million Dollars ($1,000,000.00) for bodily injury, personal injury, death to any one person or damage to property. B. Lessee shall be solely responsible for maintaining insurance on its property including but not limited to moveables, trade fixtures, furniture, furnishings and inventory. 7. UTILITIES AND MAINTENANCE. Lessee shall pay for all utilities, which are consumed by Lessee in the operation of these Premises. Moreover, Lessee shall pay for all costs of maintaining the leased property which must be maintained appropriately for park purposes. Any current and or future development and maintenance activities shall meet or 2 • • Res. 54-02 exceed all federal regulations and requirements pertaining to designated wetlands. 8. SIGNS. Lessee may place such signs, as it may deem proper on the premises, so long as said signs are in compliance with Lessor's sign ordinances. 9. RECREATIONAL USE Citizens, who are not members, shall be allowed to use the entire facility for a nominal daily use fee. Lessee will not charge citizens to be present on the park land (other than the playing fields); however, the Lessee has the responsibility to schedule events on the park land. The playing fields shall be game fields and use inust be scheduled through the Lessee. Unaffiliated groups that appropriately meet the criteria for use of the game fields will be allowed to schedule use of the fields for a fee that is based on the operation and maintenance costs of the fields. Lessee may close the playing fields during any period for the protection of the condition of the playing surface. Lessee shall be responsible for scheduling and maintaining the park land. Restroom facilities with outside access shall be available during club hours to the general public and shall be available to specific field users at all scheduled times of use. Lessee will open its facility to the public without costs on specific scheduled days announced in advance of such times. The facility shall be open to the public without costs for a minimum of four days each calendar year beginning in year 2004. • 10. LIENS. The Lessee herein shall not have any authority to create any liens for labor or materials on the Lessor's interest in the described premises, and all persons contracting with the Lessee for the erection, installations, alterations, or repair of any building or other improvements on the described premises are hereby charged with notice that they must look to the Lessee and to the Lessee's interests only to secure the payment of any bills for work done or material furnished during the term created by this Lease. Lessor 3 • Res. 54-02 shall not be liable nor shall the leased premises be subject to any mechanics, materialmen, or other type of liens. Lessee shall keep the premises and property in which the leased premises are situated free from any such liens and shall indemnify Lessor against and satisfy any such liens which may be obtained because of acts of Lessee notwithstanding the foregoing provision. Moreover, Lessee must receive written permission from Lessor prior to constructing any building on the lease property. 11. INDEMNIFICATION. Lessee shall indemnify and hold Lessor harmless from and against any and all loss, cost, damage, and expense (including attorney's fees and cost of litigation) resulting from all claims for damage or injury to any person or property arising out of any or in any way connected with Lessee's use and occupancy of the leased premises or resulting from any act or omission of Lessee, its employees, agents, guests, invitees, or otherwise with respect to the premises, unless such injury or damage results from, or arises out of, or in any way connected with, the negligence or improper conduct or other acts or omissions of Lessor, its employees, agents, guests, invitees, or otherwise. No sentence clause, phrase or paragraph contained herein shall be construed to waive that tort immunity as set forth under Arkansas law. 12. LESSEE'S DUTY TO REPAIR. Lessee shall keep fences and any other structure on the lease property in good repair throughout the term of this lease. 13. EVENTS OF DEFAULT. The occurrence of any events described in Paragraphs 13.1 through 13.5 hereinbelow shall constitute an event of default under this lease. 13.1. Failure by Lessee to pay in full any rental hereunder within thirty (30) days of the date of Notice of Default from Lessor to Lessee. 13.2. Default by Lessee in observance or performance of any of the terms, 4 • Res. 54-02 covenants, agreements, or conditions contained in this for a period of thirty (30) days after notice to Lessee by Lessor. Provided however, that if such default cannot be cured within such thirty (30) day period due to events beyond Lessee' s reasonable control, then the time for curing such default shall be extended provided the Lessee has diligently undertaken to cure such default proinptly after receipt of Notice of Default from Lessor. 13.3. The Premises of Lessee's interest therein are levied upon or attached under process against Lessee and not satisfied or dissolved within forty-five (45) days after notice from Lessor to Lessee to obtain satisfaction thereof. 13.4. The assignment, subletting or mortgaging of the Premises. 13.5. Facility and/or fields cease to be used by the Lessee for recreational purposes. 14. REMEDIES. Whenever any event of Default shall have happened, Lessor may terminate this lease. 15. TERMINATION/IMPROVEMENTS. Upon termination of the Lease, either by expiration of the term, or by remedy for default, all improvements attached to the land shall remain attached thereto and shall become the property of Lessor. 16. QUIET ENJOYMENT The Lessor covenants and agrees that Lessee, on paying said annual rent and performing the covenants herein, shall and may peaceably and quietly hold and enjoy the said leased premises. 17. NOTICES. All notices, demands, and requests required under this Lease shall be in writing. All such notices, demands, and requests shall be deemed sufficiently given for all purposes hereunder i' sent by U.S. certified or registered mail, postage prepaid, to the Lessor or lessee at the addresses indicated below or at such other addresses as Lessor or Lessee may Res. 54-02 from time to time designate by written notice addressed to the other. Such notices, demands, and requests shall be deemed sufficiently given upon receipt by the party to whom such notice is addressed. City of Fayetteville Parks 8c Recreation Division 113 West Mountain Street Fayetteville, Arkansas 72701 Fayetteville Youth Center, Inc. 915 California Drive Fayetteville, Arkansas 72701 18. WAIVER. No failure by either party hereto to insist upon the strict performance of any covenant, term or condition of this Lease, or to excise any right or remedy upon a breach thereof shall waive such covenant, term, condition, right, or remedy. Either party shall have the right to seek performance of any covenant, term or condition at any time and take such action as may be lawful or authorized, either in law or in equity. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. • 19. COMPLIANCE WITH LAWS. Lessee agrees not to violate any law, ordinance, rule or regulation of any governmental authority having jurisdiction of the leased premises. 20. WASTE. Lessee agrees not to cominit waste, nor permit waste to result or to be done to or upon the aforesaid property and premises. 21. 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. 22. INTERPRETATION. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 6 • • Res. 54-02 23. WRITTEN AGREEMENT. This Lease, and any other executed documents of even date herewith, contains the entire Lease between the parties hereto and there are no representations, warranties, understandings, and agreements other than those expressly set forth herein and therein. This Lease may not be modified, altered, terminated, or discharged in any manner except by an instrument in writing, signed on or subsequent to the date hereof by the duly authorized representatives of the party charged herewith. IN WITNESS WHEREOF, the parties have executed this Lease on this date first above written. •tit 4.• • a kit 1:41:"... t 4•121:.'i• "dr' r irr druff, City Clerk LESSORS By: 0 • (nd Charles Daniel Coody, M 4. Mike Hill, President ATTEST: By: Title: 7 • • FAYETTEV1tLE THE aTy OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Coody and City Council THRU: Hugh Earnest, Urban Development Director FROM: Connic Edmonston, Parks & Recreation Superinten fiat DATE: March 12, 2002 RE: Lease Agreement with the Fayetteville Boys & Girls Club Background The City entered into a contractual agreement with the Fayetteville Boys and Girls Club in August of 2001. Included in this agreement was the city's intent to lease the Boys and Girls Club 8.16 acres of park land for the development of playing fields, parking, and trails to compliment the new facility and recreational programs. (See attached map. Park land is Tract 5 and 6. Tract 4 is the Club site.) Current Status This agreement leases 8.16 acres of park land lying adjacent to the future Boys and Girls Club for public recreational purposes for a term of 99 years. The contract which includes the working procedures and responsibilities between the Boys and Girls Club and Parks and Recreation are outlined in Ordinance 4372 as approved at the February 19, 2002 City Council meeting. Recommendation Parks and Recreation staff recommends approval of a resolution authorizing a lease agreement with the Fayetteville Boys and Girls Club for 8.16 acres of park land. It is the goal of Parks and Recreation Division and the Boys and Girls Club to work in cooperation to enhance the recreation facilities and programs offered to the public and to act together in meeting the needs of the citizens of Fayetteville. The City is proud of the Boys and Girls Club's admirable endeavor for this new facility. Attachments: Property Map Conceptual Plan of Fayetteville Boys and Girls Club , •-•• ke I • ' • 4 SSP • • . ;•• e:40).Z.; CO. Can # `4,;04‘j.•• .}V• 1.-;C•:• 41 1.1111‘.. Cr.') 3L:4 \VI i! 14k 474e; .8„.) . JAN 1. • • %:7 -."•J.C° P r,?.• ts• '••••• •A' 'i; 41• - •• , IIi .fa.‘,. •• e:f13LH I II i ilk 1 1 t 141. 1 I . .V.14•47:1:;1117/:".:14:4 ----H:." [Ill :: -::: ....:1:1 -.1tAt 0 "..' I . ;I•. .• ..---' ' P ' :1 1,:•:. ".• •••• •• teiri 1 • el: 'es • •01-4i r.. . • . 4.1r • ea •• • c:.:Z I • 1 • • • likg),491 . • • • 4 • • .. • slc.ritc %.• • • • I • "ar• ME=M. • • Ann ram* oty om th7270j n_s_iel50-030 ).4-f :41 RI 6 1 CIRCO A -I ?t ara isrwsa rmal . 4P "art aim 1.411nr An.° M. "1"2.-4CM) Nir-r 12-66-31 1 1 1 • 1 itsistitenn.C.040 rxrprilOv 60 R/W 11.1 (Atirr CaO As 160,063,•• Is• n. • smart' 539. _7447- 12.18 -31 Unti ry cane" !..i0—L sift mareri law tl RoA0 Ar-st St-ir I2-19-31 ZONED Ns -0 41371P5•32. _wan' to. untenrs rawer TRACTS 21.63 ICRIE INV — aka /a• •••••••••• °ea OA Mai ere Pet/ Aft r•yetteal inso-a10 =VD n roma A-, r .38DE 335101 $el sce re -Se 12-18- SI st-St I2-16-51 OM- •SIV 7-19.-30 13, For sow RAr nuftr'S tastes! Lt5 lite Maa� ENDOW aim § • rf SINSe 12-11 12-16-31 St. -Se 12-19-3? Arw-rir N865, .57 •• • ts1;:.: • agietscr “-• • • • AGENDA REQUEST xx _ CONTRACT REVIEW GRANT REVIEW 111 STAFF REVIEW FORM For the Fayetteville City Council meeting of ApnI2,2002 FROM: Connie Edmonston Name ACTION REQUIRED: Approval of a resolution authorizing a lease agreement with the Fayetteville Boys and Girls Club for 8.16 acres of park land to be used for recreational purposes for the future Fayetteville Boys and Girls Club. Parks & Recreation UrbanDevelopmeM Division Department COST TO CITY: NA rattignitaPnlartNamel Cost of this Request Category/Project Budget Category/Project Name Account Number Project Number (Prneram Namcsj Funds Used To Date Program Name Remaining Balance rurnirq Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Cit Date ?PIN Date Purchasing Officer Date Internal Auditor Date ADA Coordinator Date STAFF RECOMMENDATION: Approval of lease agreement with the Fayetteville Boys and Girls Club es Director Mayor COnaefir----r Me -AA) b5Mer59 /a2 %-ioca Date 3-4`0 ?ate if IfeZ Date Cross Reference New Item: Yes Prey Ord/Res #: fPrev Ord/Res #1 Orig Contract Date: fOriq Contract Datel Orig Contract Number: 1Contract #1 Page2 STAFF REVIEW FORM Description Lease Agreement with Fay. Boys & Girls Club Meeting Date April 21 2002 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE et To: Connie Edmonston, Parks & Recreation Superintendent From: Heather Woodruff, City Clerk Date: April 3, 2002 Please find attached a copy of Resolution No. 54-02 approving a 99 Year Lease of 8.16 acres of park land to the Fayetteville Youth Center, Inc. I am returning two (2) original lease agreements to you. The third original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 Update Document Reference RES Date 4022002 City of Fayetteville &Index Maintenance IteMr Action Ref. Taken Brief Description 54-02 • 4/05/2002 8:43:54 99 YR.LEASE/FAYETTEVILLE YOUTH CNTR Enter Keywords • RES, 54-02 99 YEAR LEASE 8.16 ACRES PARK LAND FAYETTEVILLE YOUTH CENTER, INC AUGUST 21, 2001 BOYS AND GIRLS CLUB DONALD W. REYNOLDS FOUNDATION REYNOLDS, DONALD W. File Reference # • MICROFILM Security Class • Retention Type: Expiration Date • **** Active **** Date for Cont/Referred: Name Referred to • Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.