HomeMy WebLinkAbout105-07 RESOLUTIONRESOLUTION NO. 105-07
A RESOLUTION TO APPROVE A FOUR YEAR LEASE WITH
YOUTHCAN! FOR THE FORMER SANG AVENUE SENIOR
CENTER
WHEREAS, the City of Fayetteville purchased 818 N. Sang Avenue from a church in
1981 with Community Development Block Grant funds and leased it to the Council on Aging to
provide services to senior citizens of Fayetteville; and
WHEREAS, with the opening of the new Senior Citizens Center in Walker Park, this
building is no longer needed for services to Fayetteville's senior citizens; and
WHEREAS, after advertising the availability of this building for community service
organizations serving Fayetteville citizens, the selection committee selected the Creative Action
Network for Youth, Inc. (YouthCAN!) as the best service provider to be housed in this building.
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 approves
the Lease Agreement with YouthCAN! Attached as Exhibit A which allows YouthCAN! To
lease this space in consideration of its services to Fayetteville youth, its commitment to invest
$500.00 monthly up to a balance of $30,000.00 in a Maintenance and Repair fund to pay for
virtually all future repair and maintenance expenses, to carry $300,000 00 fire insurance on the
building, and to perform all the other duties spelled out in the Lease Agreement. Mayor Coody
is hereby authorized to sign this Lease Agreement. .."0R1cj 1gtro
PASSED and APPROVED this 5th day of June, 2007.
APPROVED:
By:
ATTEST:
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SONDRA E. SMITH, City Clerk/Treasurer
LEASE AGREEMENT
FOR 818 NORTH SANG AVENUE
THIS LEASE AGREMENT is executed this 5-th day of June, 2007, by and
between the City of Fayetteville, Arkansas, and Creative Ac ion Network for Youth Inc..
a non-profit Arkansas corporation, hereinafter referred to as 'YouthCAN!".
In consideration of the promises, covenants and commitments contained
herein, the City of Fayetteville and YouthCAN! hereby agree as follows:
1. PREMISES The City of Fayetteville hereby leases to YouthCAN!, and
YouthCAN! hereby leases from the City of Fayetteville, the building, parking lot and
premises of 818 N. Sang Avenue, Fayetteville, AR 72701.
2. TERM. The original term of this Lease shall commence on July 2, 2007, and
shall terminate on the July 2, 2011 at 5:00 P.M. This Lease shall be automatically
extended for one additional term of four years unless written notice of termination is
given by City of Fayetteville or YouthCAN! to the other party at least thirty (30) days
prior to expiration of the original term of this lease The notice shall be effective if
mailed or delivered to:
City of Fayetteville
Mayor's Office
113 W. Mountain
Fayetteville, AR 72701
YouthCAN!
Executive Director
818 N. Sang Avenue
Fayetteville, AR 72701
3. CONSIDERATION "In consideration for the use of the leased premises,
YouthCAN! agrees to provide its services to the citizens of Fayetteville and Northwest
Arkansas with an emphasis on low to moderate income children and families in Fayetteville.
YouthCAN! agrees to provide creative programs and activities that empower youth and
families to make healthy and responsible choices. YouthCAN! shall maintain at all times a
current and complete record of all activities conducted on the leased premises in a form
specified by the City of Fayetteville. YouthCAN! shall submit a quarterly activity report to
the City of Fayetteville's Community Resources Division on or before the 15th day of the
month following the end of the quarter. The City of Fayetteville and the United States
Department of Housing and Urban Development shall have complete access to all of
YouthCAN!'s records during all reasonable hours and shall have the right to inspect and
copy said records.
4. UTILITIES. YouthCAN! shall be responsible for prompt and complete
payment of all utilities including electric bills, natural gas bills, water and sewer bills,
sanitation service bills and telephone bills.
5. IMPROVEMENTS TO PREMISES.. If previously approved in writing by
the Community Resources Division of the City of Fayetteville, YouthCAN! may make
1
improvements as are necessary to carry out the service of providing the transformational
impact of the arts on youth and families. YouthCAN! agrees that it will keep and
maintain the demised premises and all improvements thereon in good condition and
repair at all times. YouthCAN! 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. YouthCAN!, at its cost and expense, shall maintain and
keep premises in as good repair as when the premises were received, ordinary wear and
tear and casualties beyond YouthCAN!'s control excepted, and YouthCAN! shall return
the leased premises at the expiration or termination of the Lease in good order and
condition excepting only ordinary wear and tear and casualties beyond YouthCAN!'s
control. Upon termination of this lease, all improvements shall become the property of
the City of Fayetteville.
6. MAINTENANCE AND REPAIR FUND. YouthCAN! will establish and
maintain a Maintenance and Repair Fund. YouthCAN! shall immediately begin
depositing the amount of $500.00 per month in a separate savings account in a savings
institute acceptable to the City of Fayetteville for the period of time required to establish
and maintain a fund total of $30,000.00. These funds may be used only for the
maintenance and repair of the premises. At the end of this Lease Agreement, all funds in
this account not needed for repair or maintenance to return the premises to good
condition and repair shall become the sole property of YouthCAN!.
7. INSURANCE. YouthCAN! agrees to carry fire and extended coverage
insurance on the improvements on the demised premises, which policy shall name City of
Fayetteville as an insured and YouthCAN! agrees to maintain said policy in force throughout
the term of the Lease and any extension thereof. Said policy shall be in the amount of
$300,000.00. YouthCAN! shall file a copy of said policy and all renewals with the City
Clerk of City of Fayetteville. YouthCAN! agrees to immediately notify City of Fayetteville
in writing of any amendments to or cancellation of said policy or renewals.
8. MONTHLY FINANCIAL STATEMENTS. YouthCAN! shall maintain
complete and accurate monthly financial statements for all activities conducted on the leased
premises. YouthCAN! shall file a copy of each month's financial statement with the City of
Fayetteville's Community Resources Division on or before the 15111 day of the following
month.
9. BENEFIT TO LOW INCOME FAMILIES. 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. YouthCAN! commits that the leased premises will be used to benefit low and
moderate income families.
2
10. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS.
YouthCAN! agrees to comply with all rules and regulations as established by the Department
of Housing and Urban Development for programs financed by the Housing and Community
Development Act of 1974; and
a. YouthCAN! will comply with the regulations, policies, guidelines and
requirements of OMB Circular No. A-102, Revised, acceptance, and use of Federal funds
under 24 CFR 570; and
b. YouthCAN! 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.
c. YouthCAN! will comply with Title VI of the Civil Rights Act of 1964
(P.L. 88-352), and regulations issued pursuant thereto (24 CFR Part 1), and agrees 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 of YouthCAN!'s programs or activities.
d. YouthCAN! 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 from 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 proved under 24 CFR 570.
e. YouthCAN! 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.
11. PERSONAL GAIN. YouthCAN! will establish safeguards to prohibit
employees from using their 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.
12. HATCH ACT. YouthCAN! will comply with any applicable provisions of
the Hatch Act.
13. RIGHT TO INSPECT RECORDS. YouthCAN! 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.
3
14. ENVIRONMENTAL PROTECTION. YouthCAN! 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.
15. FLOOD DISASTER PROTECTION ACT. YouthCAN! shall comply with
the Flood Disaster Protection Act of 1973, P.L. 93-234, 87stat. 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 phase "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.
16. CURE OR TERMINATION. If the City of Fayetteville determines that
YouthCAN! has violated a duty, term or condition of this Lease Agreement, it shall so notify
YouthCAN! in writing at the address listed above in paragraph 2. YouthCAN! shall have
thirty (30) days after said notification to cure the breach. If YouthCAN! fails to cure the
breach to the satisfaction of the City of Fayettevillewithin the allotted period of time, the
City of Fayetteville, acting through its Mayor, may declare this Lease Agreement terminated
and so notify YouthCAN! which shall immediately vacate the premises.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on
the date first above written.
CREATIVE ACTION
NETWORK FOR YOUTH, INC.
d/b/a YouthCAN!
BARBA • , PRICE DAVIS
Executive Director
•
4
CITY OF
FAYETTEVILLE, ARKANSAS
DACOODY, Mayor
ATTEST:
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Sondra E. Smith, City Clerk/Treasurer
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Yolanda Fields
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
5 -Jun -07
City Council Meeting Date
Community Resources
•
Division
Action. Required:
465
/d5
l
Operations
Department
Approval of lease for 818 N Sang
$0.00
Cost of this request
Account Number
Project Number
Budgeted Item
x
Category/Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Grant Revenue
Program / Project Category Name
Community Development
Fund Name
c
Departmen Director
City A •rney
Q •e
Finance and Internal Service Director
Mayor
Date
/8-
City
g
5-81.07
Date
<441
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number
Received in City' I' ice
tri tir3)
Received in Mayor's Office
Staff recommends approval 'Qf lea j e.
CITY COUNCIL AGENDA MEMO
To: Mayor and Council
Thru: Gary Dumas, Director of Operations
From: Yolanda Fields, CR
Date: May 18, 2007
Subject: Lease for building at 818 N Sang
RECOMMENDATION
Staff recommends approval of lease.
BACKGROUND
Building located at 818 N. Sang was acquired with CDBG funds in 1981. The building
was leased to the Council on Aging until last year. Since that time, the building has no
longer been utilized for senior services. Buildings acquired with CDBG funds must be
used to provide services to the community or may be sold and the funds returned to the
CDBG program The building would best serve the community by housing a program to
serve the residents of the City of Fayetteville. A public notice was placed in the paper
requesting applications for the use of the building.
DISCUSSION
A selection committee was formed, consisting of five city staff member representing the
Community Resources, Long Range Planning, Short Range Planning and Community
Policing. The committee reviewed and ranked the applications. Based on a unanimous
vote of the committee, the YouthCan! organization was selected as the next occupant of
the building located at 818 N. Sang.
BUDGET IMPACT
None
•
RESOLUTION NO.
A RESOLUTION TO APPROVE A FOUR YEAR LEASE
WITH YOUTHCAN! FOR THE FORMER SANG AVENUE
SENIOR CENTER
WHEREAS, the City of Fayetteville purchased 818 N. Sang Avenue from a church in
1981 with Community Development Block Grant funds and leased it to the Council on Aging to
provide services to senior citizens of Fayetteville; and
WHEREAS, with the opening of the new Senior Citizens Center in Walker Park, this
building is no longer needed for services to Fayetteville's senior citizens; and
WHEREAS, after advertising the availability of this building for community service
organizations serving Fayetteville citizens, the selection committee selected the Creative Action
Network for Youth, Inc. (YouthCAN!) as the best service provider to be housed in this building.
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 approves
the Lease Agreement with YouthCAN! Attached as Exhibit A which allows YouthCAN! To
lease this space in consideration of its services to Fayetteville youth, its commitment to invest
$500.00 monthly up to a balance of $30,000.00 in a Maintenance and Repair fund to pay for
virtually all future repair and maintenance expenses, to can -y $300,000.00 fire insurance on the
building, and to perform all the other duties spelled out in the Lease Agreement. Mayor Coody
is hereby authorized to sign this Lease Agreement.
PASSED and APPROVED this 5th day of June, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
(6.8A7) Clarice Pearman - Res 105-07
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Fields, Yolanda
6.8.07 11:05 AM
Res. 105-07
105-07 YouthCAN!.pdf
CC: Audit
Yolanda,
Attached is a copy of the above resolution passed June 5, 2007 regarding the lease for YouthCanl. I will forward via interoffice mail
one of two original agreements Please let me know if there is anything else needed.
Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearman@ci.favetteville.ar. us