HomeMy WebLinkAbout167-04 RESOLUTION• •
2. Term. This lease shall commence on November 1, 2004, and shall extend for a term of
fifty (50) years, ending at midnight on October 30, 2054. This lease may be extended by the parties
by joint agreement prior to its termination for an additional thirty (30) years.
3. Consideration. The primary consideration for the City is Seven Hills' agreement in
paragraph 4 to serve Fayetteville citizens by promptly constructing its transitional housing project.
4. Use. Seven Hills agrees to use the lease premises for the purpose of constructing,
operating and maintaining a transitional housing facility. If at any time the property ceases to be
used for this purpose, the lease shall terminate. Seven Hills agrees to furnish rent subsidized
transitional housing for Fayetteville citizens and residents throughout this lease period. Seven Hills
shall deliver quarterly written reports to the Mayor's office conceming the number of Fayetteville
citizens/residents housed or otherwise assisted by Seven Hills.
5. Improvements. Seven Hills may make any such improvements as are necessary to can -y
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 the City.
6. Taxes. Seven Hills 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
Seven Hills Homeless Center, Inc.
P.O. Box 474
Fayetteville, AR 72702-0474
8. Assignment. Seven Hills shall not assign this lease or sublet the lease premises without
prior written consent of the City. Any such assignment or subletting shall in no way relieve Seven
Hills from liability for the obligation imposed by this lease. Seven Hills may only be released from
liability for the obligation imposed by this lease by a specific written release executed by the City.
9. Insurance.
A. Seven Hills 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. Seven Hills 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 the City of Fayetteville, ten days prior written notice. A certificate of
such insurance shall be delivered to the City.
2
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10. Maintenance. Seven Hills shall be responsible for all maintenance, routine preventative
or corrective, on any and all improvements made to the leased property.
11. Compliance with Laws Seven Hills agrees not to violate any law, ordinance, rule or
regulation of any govemmental authority having jurisdiction of the leased premises. This agreement
shall be governed by the laws of the State of Arkansas.
12. Waste/Nuisance. Seven Hills agrees not to commit waste, nor permit waste to result or
to be done to or upon the aforesaid premises. Further, Seven Hills 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. The City of Fayetteville covenants and warrants that it is
the owner in fee simple absolute of the leased premises and may lease said premises as herein
provided. Upon the observance and performance of all the covenants, terms and conditions upon
Seven Hills' part to be observed and performed, Seven Hills shall peaceably and quietly hold and
enjoy the demised premises for the term hereby demised without hindrance or interruption by the
City or any other person or persons lawfully or equitably claiming by, through or under the City,
subject to the terms and conditions of this lease.
14. 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
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals on this
the day of October, 2004.
ATTEST:
By:
Sondra Smith, City Clerk
ATTEST:
By:
Title:
CITY OF FAYETTEVILLE, Lessor
By:
DAN COODY, Mayor
SEVEN HILLS HOMELESS CENTER, INC., Lessee
By:
KIMBERLY GROSS, Executive Director
3
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
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Resolution No. 167-04
w/agreement
Document
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1
undated
Alderman Agenda Request Form
2
draft resolution
3
draft resolution
4
map of
Sage House Leased Property
5
copy of Conceptual Site Plan
6
map of City Owned Property
7
email to Brenda Thiel
8
email
from
Brenda Thiel
9
email from Brenda Thiel
10
memo to Brenda Thiel
11
12
13
14
15
16
17
18
19
20
ALDERMAN AGENDA REQUEST FOM
FOR: COUNCIL MEETING OF October 19, 2004
FROM:
ALDERMAN BRENDA THIEL
e.
Seuei•iIis
Proper. y
7oRr
21/2-115 ,v4 d 647 io45
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Terminate The Current Lease Of 4.22 Acres Of City Property To Sage House
And Approve A Lease Of This Property To Seven Hills Homeless Center Inc.
APPROVED FOR AGENDA:
/oh log
Alderman Date
to/8tay
City Attorney (as to form) Date
• •
RESOLUTION NO.
A RESOLUTION TO TERMINATE THE CURRENT
LEASE OF 4.22 ACRES OF CITY PROPERTY TO SAGE
HOUSE AND APPROVE A LEASE OF UP TO FOUR
ACRES OF THIS PROPERTY TO SEVEN HILLS HOMELESS
SHELTER CENTER, INC.
WHEREAS, on April 2, 2002, Sage House and the City of Fayetteville
entered into a long term lease of 4.22 acres of city property on Huntsville Road so
that Sage House would construct rent -subsidized transitional housing to serve
citizens of Fayetteville, and
WHEREAS, after more than 2 1/2 years, Sage House has not been able to
move forward with their project, has not constructed the promised transitional
housing, and has not provided arty of the promised services to Fayetteville
citizens which was the consideration to support leasing this property; and
WHEREAS, Seven Hills Homeless Center, Inc. has obtained adequate
financing to build transitional housing to serve the needs of Fayetteville
residents, but needs to lease an appropriate site for its facility; and
WHEREAS, if Sage House can secure adequate financing in the future,
the City of Fayetteville shall lease another appropriate site for its transitional
housing project.
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 terminates the Lease Agreement entered into with Sage House on April 2,
2002, for failure of consideration since Sage House has not constructed, begun
construction of, nor has adequate financing to construct the transitional housing
project it promised to build to provide service to Fayetteville citizens over two
and a half years ago.
Section 2: That the City Council of the City of Fayetteville, Arkansas
hereby agrees to lease up to four acres of this same parcel to Seven Hills
Homeless Center, Inc. so it may use the financing it has secured to build a
transitional housing facility to serve Fayetteville citizens and authorizes the
Mayor to execute this lease attached as Exhibit "A".
• •
Section 3: That the City Council of the City of Fayetteville, Arkansas
hereby commits to lease an appropriate site for Sage House to construct its
transitional housing facility within Fayetteville if it can secure adequate
financing and construct such facility within the next five years.
PASSED and APPROVED this 19th day of October, 2004.
APPROVED:
DRAFT
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
•
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RESOLUTION NO.
A RESOLUTION EXPRESSING THE CITY COUNCIL'S INTENT
THAT THE CITY ENTER INTO NEGOTIATIONS, WITHOUT
DELAY, WITH SAGE HOUSE, INC. AND SEVEN HILLS
HOMELESS SHELTER CENTER, INC. TO LEASE CITY
PROPERTY LOCATED ON HUNTSVILLE ROAD TO THE
MUTUAL BENEFIT OF BOTH OF THESE TRANSITIONAL
HOUSING PROVIDERS AND THE CITY OF FAYETTEVILLE,
ARKANSAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That it is hereby declared to be the intent of the City Council of
the City of Fayetteville, Arkansas that the City enter into negotiations, without
delay, with Sage House, Inc. and Seven Hills Homeless Shelter Center, Inc.
lease City property located on Huntsville Road to the mutual benefit o
these Transitional Housing Providers and the City of Fayetteville,
ATO
By:
PASSED and APPROVED this 19th day of Octob
PPROVE
Clerk
ayor
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79.67
New Business C. 11.
Seven Hills
Title: Sage House Property Description
Scale: 1 inrh = 100 feet IFile- Sauenm2.dr_c
Date: 02-27-2002
New Business C. 11.
Seven Hills
NORTH
CONCEPTUAL SITE PLAN
0-0 50.0
SCALE: 1'. 50'-0'
1004
07/11002
WAIT OF DETAJI OSUB
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LAS '
Clarice Pearman - signed agreement_____ s
From: Clarice Pearman
To: bthiel@ipa.net
Subject: signed agreements
Brenda,
Please let me know when you will be getting signed lease agreements to me for the Sage House and
Seven Hills. I need these agreements to continue the resolution process since being approved by Council
on Tuesday. Thanks.
Clarice
Page 1
(Clarice Pearman - Re: signed agreements Page 1
From: Brenda Thiel <bthiel@ipa.net>
To: Clarice Pearman <cpearman@ci.fayetteville.ar.us>
Date: 10/20/04 8:21 PM
Subject: Re: signed agreements
Clarice
I really don't know when this will happen. It has been left to the
organizations to come up with a satisfactory agreement as soon as
possible. Surveys will have to be done before the legal descriptions
can be determined and then leases will go before Council for approval.
Thanks,
Brenda
Clarice Pearman wrote:
>Brenda,
>Please let me know when you will be getting signed lease agreements to me for the Sage House and
Seven Hills. I need these agreements to continue the resolution process since being approved by Council
on Tuesday. Thanks.
>Clarice
>
[Clarice Pearman - Re: sing ed agreements
Page 1J
From: Brenda Thiel <bthiel@ipa.net>
To: Clarice Pearman <cpearman@ci.fayetteville.ar.us>
Date: 10/20/04 8:21 PM
Subject: Re: signed agreements
Clarice
I really don't know when this will happen. It has been left to the
organizations to come up with a satisfactory agreement as soon as
possible. Surveys will have to be done before the legal descriptions
can be determined and then leases will go before Council for approval.
Thanks,
Brenda
Clarice Pearman wrote:
>Brenda,
• >
>Please let me know when you will be getting signed lease agreements to me for the Sage House and
Seven Hills. I need these agreements to continue the resolution process since being approved by Council
on Tuesday. Thanks.
>Clarice
>
FAYETTEALLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@clfayetteville.ar.us
To: Brenda Thiel
Alderman
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: October 11, 2004
Re: Resolution No. 167-04
The City Council passed the above resolution October 19, 2004, expressing the
city's intentions of negotiating a lease agreement with Sage House and Seven
Hills. I have attached a copy of the resolution.
This resolution will be recorded in the city clerk's office and microfilmed. If
anything else is needed please let the clerk's office know.
Attachment(s)
cc. Nancy Smith, Internal Auditor
i •
RESOLUTION NO. 167-04
A RESOLUTION EXPRESSING THE CITY COUNCIL'S INTENT
THAT THE CITY ENTER INTO NEGOTIATIONS, WITHOUT
DELAY, WITH SAGE HOUSE, INC. AND SEVEN HILLS
HOMELESS SHELTER CENTER, INC. TO LEASE CITY
PROPERTY LOCATED ON HUNTSVILLE ROAD TO THE
MUTUAL BENEFIT OF BOTH OF THESE TRANSITIONAL
HOUSING PROVIDERS AND THE CITY OF FAYE11'LVILLE,
ARKANSAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That it is hereby declared to be the intent of the City Council of
the City of Fayetteville, Arkansas that the City enter into negotiations, without
delay, with Sage House, Inc. and Seven Hills Homeless Shelter Center, Inc. to
lease City property located on Huntsville Road to the mutual benefit of both of
these Transitional Housing Providers and the City of Fayetteville, Arkansas.
PASSED and APPROVED this 19th day of October, 2004.
ATTEST:
By:
• .F;
to: 3E-
E :FAYETTEVILLE: F.
e.
SONDRA SMITH City Clerk
By:
APPROVED:
•
• •
LEASE AGREEMENT /�
This Agreement, made and entered into this day of ataikr, , 2004, by and
between the City of Fayetteville, Arkansas, Lessor, and Seven Hills Homeless Center, Inc.
(hereinafter "Seven Hills"), Lessee, Witnesseth:
WHEREAS, Seven Hills is a non-profit agency established and dedicated to provide a
Homeless Shelter and to provide transitional housing for the homeless; and,
WHEREAS, providing transitional housing to Fayetteville citizens and permanent
supportive housing for persons with disabilities are valid public purposes; and,
WHEREAS, Seven Hills will provide such service to Fayetteville citizens so that these
citizens can reestablish themselves, obtain employment, and move to private housing within a fairly
short period of time and to disabled citizens for permanent supportive housing.
NOW, THEREFORE, the City of Fayetteville and Seven Hills agree as follows:
1. Leased Premises. For and in consideration of Seven Hills' promise to promptly provide
transitional housing for needy, homeless Fayetteville citizens and permanent supportive housing and
the covenants and agreements herein entered into and agreed upon by Seven Hills as obligations to
the City of Fayetteville, the City lets, leases and demises unto Seven Hills, subject to the terms and
conditions contained herein, up to four acres within the following described property situated in
Washington County, Arkansas.
A part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of
Section Twenty-two (22), Township Sixteen (16) North, Range Thirty (30) West
of the 5th Principal Meridian, being more particularly described herewith as follows:
Beginning at a point South 02° 47' 37" East 44.29 feet from the Northwest corner
of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of said Section
22, said point being on the West line of the NE1/4 of the NE1/4 of said Section 22
and on the South right-of-way line of Huntsville Road; running thence along said
South right-of-way line South 87° 50' 21" East 155.34 feet; thence leaving said South
right-of-way line of Huntsville Road South 01° 28'11" East 258.35 feet; thence
South 87° 28'11" East 60.00 feet; thence South 01° 28' 11"East 65.00 feet; thence
South 09° 49' 11" East 225.00 feet; thence South 82° 40' 11" East 100.00 feet;
thence South 8? 16' 19" East 43.03 feet; thence South 87° 28' 11" East 79.67 feet;
thence South 02° 48' 08" West 125.00 feet; thence North 87° 50' 21" West 510.83
feet to the West line of the Northeast Quarter (NE 1/4) of the Northeast Quarter
(NEI/4) of said Section 22; thence with said West line North 02° 47' 37" East 679.67
feet, more or less, to the Point of Beginning, containing 4.22 acres, more or Tess,
subject to rights-of-way and easements of record and subject to a public access
easement, said easement being 60 feet in equal and uniform width, East of and
adjacent to the West line of the property described hereinabove.
To have and to hold said premises unto the said Seven Hills for and during the term herein
stated, subject to the covenants, terms and conditions herein contained.