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HomeMy WebLinkAbout246-08 RESOLUTIONRESOLUTION NO. 246-08 A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS FOR THE LEASE OF THE WALKER PARK SENIOR ADULT CENTER LOCATED AT 945 S. COLLEGE AVENUE. 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 a Lease Agreement with Area Agency on Aging of Northwest Arkansas for the lease of the Walker Park Senior Adult Center located at 945 S. College Avenue. A copy of the Lease Agreement, marked Exhibit "A," is attached hereto and made a part hereof. ................ seA /:k• • GAS Oc•.-PN3 PASSED and APPROVED this 16th day of December, 2008. APPROVED: By: DAN COODY, ayor ATTEST: By: U :FAYETTEVILLE s9s� RKANSOJ` lid'4/iNGTON Ca?" c ,K4i* SONDRA E. SMITH, City Clerk/Treasurer 1 LEASE This Agreement, made and entered into the /47 %-h day of A( ribtr 200g, by and between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas, WITNESSETH: 1. Leased Premises. For and in consideration of the rents, covenants, and agreements herein entered into and agreed upon by the Area Agency on Aging of Northwest Arkansas as obligations to the City of Fayetteville, the City of Fayetteville lets, leases and demises unto Area Agency on Aging of Northwest Arkansas, subject to the terms and conditions contained herein, the following described property situated in Fayetteville, Arkansas, located at 945 South College, Fayetteville, Arkansas. To have and to hold said premises unto the said Area Agency on Aging of Northwest Arkansas for and during the term herein stated, subject to the covenants, terms, conditions, and liens herein contained. 2. Term. This Lease shall commence on January 1, 2009 through December 31, 2009. The Lease may be automatically renewed for a term of five (5) years thereafter if mutually agreed on by both parties. 3. Rent. Area Agency on Aging of Northwest Arkansas agrees to pay to City of Fayetteville as rental for the full term of this Lease the sum of $1.00 per year, to be paid in advance on the first day of January of 2009 and on the first day of each and every year thereafter during the term of this Lease. 4. Signs. Area Agency on Aging of Northwest Arkansas agrees not to utilize any form of advertising that may be deemed objectionable to City of Fayetteville or to the general public, including, but not limited, to loudspeakers, phonograph or related electronic equipment, radios, or projected sound outside of the leased premises. 5. Repairs. Area Agency on Aging of Northwest Arkansas shall maintain the structure, parking lot, driveways, and roads in a reasonable state of repair and shall make such repairs as may be required to keep and maintain the grounds in a good and tenantable condition. Area Agency on Aging of Northwest Arkansas shall keep the interior of the building, including interior walls, floors and doors, wiring, plumbing, window and door glass in good repair, roof repair, all at Area Agency on Aging of Northwest Arkansas's expense Area Agency on Aging of Northwest Arkansas shall, at the termination, surrender, or forfeiture of this Lease, return said premises with the interior, including all of the above items, in as good and satisfactory condition as the same was at the beginning of Lease, normal wear and tear excepted. Area Agency on Aging of Northwest Arkansas shall be permitted to make alterations, additions or improvements upon or to the leased premises, provided that any such alterations, additions or improvements will be and remain a part of the leased premises at the expiration of this lease and thereupon become the property of the City of Fayetteville. No constriction or renovation will be undertaken without the expressed written approval and consent of City of Fayetteville. i 2 The City of Fayetteville Parks and Recreation Division will provide snow removal on the parking lot and the Building Services Division will maintain the air and heating services as part of this agreement. Capital items for the Walker Park Senior Citizen Center building over $10,000 must be submitted to the City of Fayetteville Parks and Recreation Division by June 1 of each in order to be considered for the following year by the City Council. 6. Use. Area Agency on Aging of Northwest Arkansas agrees to use the lease premises for the purpose of operating a Senior Citizens Center and for no other purpose or purposes without the written consent of City of Fayetteville having been obtained in advance. Area Agency on Aging of Northwest Arkansas shall not use, nor permit the demised premises to be used, for any purpose or purposes other than those expressed herein. Normal usage of the Walker Park Senior Citizens Center would consist of services such as nutrition, recreation, health and wellness programs, crafts, case management, and services for Senior Adults. Use of the premises for special events such as scheduled meetings of community groups, reunions, receptions, etc., will be considered a normal use of the Walker Park Senior Citizens Center and will not be considered a violation of this Paragraph or of Paragraph 7 below. Area Agency on Aging of Northwest Arkansas is allowed to charge a user fee for events and programs. The City of Fayetteville will be allowed to schedule and utilize the Walker Park Senior Citizens Center to conduct public meetings or staff meetings. Should the property cease to be utilized as a Senior Citizens Center, this Lease shall become null and void and all improvements on said property shall inure to City of Fayetteville pursuant to Paragraph 2 hereinabove. 7. Assignment. Area Agency on Aging of Northwest Arkansas shall not assign this Lease or sublet the leased premises without prior written consent of the City of Fayetteville. Any such assignment or subletting shall in no way relieve Area Agency on Aging of Northwest Arkansas from liability for the obligation imposed by this Lease. Area Agency on Aging of Northwest Arkansas may only be released from liability by a specific written release executed by City of Fayetteville. It is understood by the City of Fayetteville that the Area Agency on Aging of Northwest Arkansas subcontracts with an Aging Services Provider to operate the senior programs in the center. This subcontract arrangement does not constitute assignment of the Lease for the purposes of this document. 8. Insurance. The City of Fayetteville hereby agrees to cause an insurance policy to be purchased protecting the premises from fire, windstorm, hail and extended coverage, vandalism, malicious mischief, and burglary insurance to cover damage to the building or the premises, said insurance is to be written by a responsible insurance company authorized to do business within the State of Arkansas in an amount equal to not Tess than the replacement value of the premises and to furnish City of Fayetteville with proof thereof. Such policy of insurance shall provide protection against loss so insured against for the benefit of City of Fayetteville and Area Agency on Aging of Northwest Arkansas as their interests may appear. If the building constructed on the premises is damaged or destroyed Area Agency on Aging of Northwest Arkansas agrees to rebuild the premises in as good a condition as it was prior to the damage or destruction. 9. Insurance on Area Agency on Aging of Northwest Arkansas's Property. Area Agency on Aging of Northwest Arkansas shall be solely responsible for maintaining insurance 3 on its property, including, but not limited to, movables, trade fixtures installed by Area Agency on Aging of Northwest Arkansas, furniture, furnishings, and inventory. The City of Fayetteville will provide building insurance for the Walker Park Senior Citizens Center. 10. Liability Insurance Area Agency on Aging of Northwest Arkansas shall, during the term of this Lease, maintain public liability insurance on the leased premises and on the business operated by the Area Agency on Aging of Northwest Arkansas or any sub -tenant occupying the leased premises. The limits of such public liability insurance shall not be less than $300,000.00 per each occurrence for bodily injury liability, with a $1,000,000.00 aggregate. Such policy shall contain a clause that the insurer will not cancel or change the insurance without giving City of Fayetteville, its successors or assigns, ten (10) days' prior written notice; and a certificate of such insurance shall be delivered to City of Fayetteville prior to the inception of this Lease. 11. Taxes. City of Fayetteville agrees to pay in full or cause to be paid in full all ad valorem property taxes levied and other taxes and assessments payable upon the leased premises. However, Area Agency on Aging of Northwest Arkansas agrees to pay all taxes levied against any furniture, fixtures or other personal property used in or on the premises by Area Agency on Aging of Northwest Arkansas on sub -leases of Area Agency on Aging of Northwest Arkansas. 12. Utility Bills. Area Agency on Aging of Northwest Arkansas agrees to pay all utility bills, including electricity, gas, water, sewer, telephone and trash pick up assessed against the premises throughout the term of this lease and any other expense incidental to the Area Agency on Aging of Northwest Arkansas's occupancy of the leased premises. 13. Compliance with Laws. Area Agency on Aging of Northwest Arkansas agrees not to violate any law, ordinance, rule or regulation of any governmental authority having jurisdiction of the leased premises. 14. Trash. All trash and refuse deposited outside the building must be placed in sufficient receptacles furnished by Area Agency on Aging of Northwest Arkansas and approved by the Sanitation Service for the City of Fayetteville. 15. General Maintenance. Area Agency on Aging of Northwest Arkansas agrees to provide general daily maintenance and upkeep of facility, i.e., cleaning of floors, kitchen area, offices, restrooms, dining area, craft room and windows. 16. Title and Quiet Enjoyment. 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 payment by Area Agency on Aging of Northwest Arkansas of the rents herein provided and upon the observance and performance of all the covenants, terms, and conditions upon Area Agency on Aging of Northwest Arkansas's part to be observed and performed, Area Agency on Aging of Northwest Arkansas shall peaceable and quietly hold and enjoy the demised premises for the term hereby demised without hindrance or interruption by City of Fayetteville, subject to the terms and conditions of this Lease. r 4 17. Succession. This Lease Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns 18. Waste. Area Agency on Aging of Northwest Arkansas agrees not to commit waste, nor permit waste to result or to be done to or upon the aforesaid property and premises; not to conduct any business thereon or therein, nor store or permit to be stored thereon or therein any explosives, combustible substances or materials of any nature, which would increase the fire hazard or cause a premium to be charged for insurance higher than that charged for the present use of said property; and not to operate, nor permit to be operated, nor to exist hereon or therein, any public or private nuisance. 19. 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 shall remain in full force and effect. 20. Interpretation. This Lease Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 21. 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. This Agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WITNESS OUR HANDS this I// , avtairkkeritA/tC LEexecutive Director, Area Agency on Aging of NW Arkansas day of , 2007. By: Mayor City of Fayetteville, Ar 1Sy: Sondra E. Smith City Clerk/Treasurer City of Fayetteville, Arkansas ACKNOWLEDGMENT STATE OF ARKANSAS) SS: COUNTY OF WASHINGTON) On this day, personally appeared before me , 9 le y ,& , m f( 1 for the Walker Park Senior Citizens Center, known to me to be the person whose name is subscribed to the within Instrument and acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and official seal this i6 day of JJ4peemiher , 20 0 ? . My commission expires: 1_S -poi J- - DONNA PLUMLEE NOTARY PUBLIC -STATE OF ARKANSAS BOONE COUNTY My Commission Expires 7.5-2014 STATE OF ARKANSAS) ) SS: COUNTY OF agiOryvi Notary Public ACKNOWLEDGMENT 5 On this day, personally appeared before me DWI Mayor, City of Fayetteville, Arkansas, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and official seal this/(NA day of 6e umbar 2008. My commission expires: �1 /J `eranlulrprr l XAAcee ��`gUFfALO•8"elt c�slorao�� Notary Public _y• ®Qii°,41,68ar ti leer •Z- Connie Edmonston (17. Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 16 -Dec -08 City Council Meeting Date Parks and Recreation Division Action Required: 1 zj11,lo'8 0.24 1!)irE "Gamy Ort Operations Department A resolution approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the Walker Park Senior Adult Center building located on 945 South College N/A Cost of this request N/A Account Number N/A Project Number Budgeted Item N/A Category/Project Budget N/A Funds Used to Date N/A Remaining Balance Budget Adjustment Attached N/A Program Category / Project Name N/A Program / Protect Category Name N/A Fund Name DepSFment Dir ctor pp_ City Attorn Finance and Internal Service Director Mayor • Z S• og Date 1((261or tt-26.68 Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office al tit 2% 05 City Council Meeting of December 16, 2008 CITY COUNCIL AGENDA MEMO To: Mayor Dan Coody and City Council Thru: Gary Dumas, Operations Director From: Connie Edmonston, Parks and Recreation Director Date: November 25, 2008 Subject: A resolution approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the Walker Park Senior Adult Center building located on 945 South College Agenda Item Number RECOMMENDATION Parks and Recreation Staff recommend a resolution approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the Walker Park Senior Adult Center building located on 945 South College. BACKGROUND The Walker Park Senior Adult Center opened in July of 2003 and has been under the operations of the Area Agency on Aging of Northwest Arkansas. DISCUSSION The Building Services Division was the project manager for the construction of the Walker Park Senior Adult Center and provided limited maintenance for the building. It cane to the attention of the City there was not a building lease agreement with the Area Agency on Aging of Northwest Arkansas for utilizing the Walker Park Senior Adult Center building for services and recreational programs that specified who was responsible for maintenance and capital projects. After meeting with representatives from the Area Agency on Aging and the Northwest Arkansas Economic Development District, a lease agreement was prepared that established responsibilities for both the City of Fayetteville and the lessee of the Walker Park Senior Adult Center. This lease agreement is for the 2009 calendar year and may be automatically renewed for five years if mutually agreed on by both parties. The lease sum is $1.00 per year in exchange for the operations of the building as a senior adult center. Section seven of the lease allows the Area Agency on Aging to sublet the premises upon written consent of the City of Fayetteville. The Area on Agency is required to maintain public liability insurance, pay all utility bills and provide general maintenance of the facility and area surrounding the center. The City is responsible for providing building insurance. The City will also be allowed to schedule and utilize the center to conduct public or staff meetings. BUDGET IMPACT The Area Agency on Aging is responsible for the general repairs and maintenance of the building and surrounding grounds. The City will be responsible for Capital Projects over $10,000. There is no budget impact expected for 2009; however, it is anticipated there will be capital costs in 2010. Attachments: Lease Agreement RESOLUTION NO. A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS FOR THE LEASE OF THE WALKER PARK SENIOR ADULT CENTER LOCATED AT 945 S. COLLEGE AVENUE 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 a Lease Agreement with Area Agency on Aging of Northwest Arkansas for the lease of the Walker Park Senior Adult Center located at 945 S. College Avenue. A copy of the Lease Agreement, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 16`h day of December, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer LEASE This Agreement, made and entered into the and between the City of Fayetteville and the Area Agency o `n ts1 WITNESSETH: 1. Leased Premises. For and in consideration agreements herein entered into and agreed upon by the Ari Arkansas as obligations to the City of Fayetteville, the Ci t or demises unto Area Agency on Aging of Northwest Arkar contained herein, the following described property situate_ 945 South College, Fayetteville. Arkansas. To have and to hold said premia.,.. _ Agency on Aging of Northwest Arkansas for and during the term herein stated, subject to the covenants, terms, conditions, and liens herein contained. cl aan r c1/2 2. Term. This Lease shall commence on January 1. 2009 through December 31, 2009. The Lease may be automatically renewed for a term of five (5) years thereafter if mutually agreed on by both parties. 3. Rent. Area Agency on Aging of Northwest Arkansas agrees to pay to City of Fayetteville as rental for the full term of this Lease the sum of $1.00 per year, to be paid in advance on the first day of January of 2009 and on the first day of each and every year thereafter during the term of this Lease. 4. Signs. Area Agency on Aging of Northwest Arkansas agrees not to utilize any form of advertising that may be deemed objectionable to City of Fayetteville or to the general public, including, but not limited, to loudspeakers, phonograph or related electronic equipment, radios, or projected sound outside of the leased premises. 5. Repairs, Area Agency on Aging of Northwest Arkansas shall maintain the structure, parking lot, driveways, and roads in a reasonable state of repair and shall make such repairs as may be required to keep and maintain the grounds in a good and tenantable condition. Area Agency on Aging of Northwest Arkansas shall keep the interior of the building, including interior walls, floors and doors, wiring, plumbing, window and door glass in good repair, roof repair, all at Area Agency on Aging of Northwest Arkansas's expense. Area Agency on Aging of Northwest Arkansas shall, at the termination, surrender, or forfeiture of this Lease, return said premises with the interior, including all of the above items, in as good and satisfactory condition as the same was at the beginning of Lease, normal wear and tear excepted. Area Agency on Aging of Northwest Arkansas shall be permitted to make alterations, additions or improvements upon or to the leased premises, provided that any such alterations, additions or improvements will be and remain a part of the leased premises at the expiration of this lease and thereupon become the property of the City of Fayetteville. No construction or renovation will be undertaken without the expressed written approval and consent of City of Fayetteville. • 2 The City of Fayetteville Parks and Recreation Division will provide snow removal on the parking lot and the Building Services Division will maintain the air and heating services as part of this agreement. Capital items for the Walker Park Senior Citizen Center building over $10,000 must be submitted to the City of Fayetteville Parks and Recreation Division by June 1 of each in order to be considered for the following year by the City Council. 6. Use. Area Agency on Aging of Northwest Arkansas agrees to use the lease premises for the purpose of operating a Senior Citizens Center and for no other purpose or purposes without the written consent of City of Fayetteville having been obtained in advance. Area Agency on Aging of Northwest Arkansas shall not use, nor permit the demised premises to be used, for any purpose or purposes other than those expressed herein. Normal usage of the Walker Park Senior Citizens Center would consist of services such as nutrition, recreation, health and wellness programs, crafts, case management, and services for Senior Adults. Use of the premises for special events such as scheduled meetings of community groups, reunions, receptions, etc., will be considered a normal use of the Walker Park Senior Citizens Center and will not be considered a violation of this Paragraph or of Paragraph 7 below. Area Agency on Aging of Northwest Arkansas is allowed to charge a user fee for events and programs. The City of Fayetteville will be allowed to schedule and utilize the Walker Park Senior Citizens Center to conduct public meetings or staff meetings. Should the property cease to be utilized as a Senior Citizens Center, this Lease shall become null and void and all improvements on said property shall inure to City of Fayetteville pursuant to Paragraph 2 hereinabove. 7. Assignment. Area Agency on Aging of Northwest Arkansas shall not assign this Lease or sublet the leased premises without prior written consent of the City of Fayetteville. Any such assignment or subletting shall in no way relieve Area Agency on Aging of Northwest Arkansas from liability for the obligation imposed by this Lease Area Agency on Aging of Northwest Arkansas may only be released from liability by a specific written release executed by City of Fayetteville. It is understood by the City of Fayetteville that the Area Agency on Aging of Northwest Arkansas subcontracts with an Aging Services Provider to operate the senior programs in the center. This subcontract arrangement does not constitute assignment of the Lease for the purposes of this document. 8. Insurance. The City of Fayetteville hereby agrees to cause an insurance policy to be purchased protecting the premises from fire, windstorm, hail and extended coverage, vandalism, malicious mischief, and burglary insurance to cover damage to the building or the premises, said insurance is to be written by a responsible insurance company authorized to do business within the State of Arkansas in an amount equal to not less than the replacement value of the premises and to furnish City of Fayetteville with proof thereof. Such policy of insurance shall provide protection against loss so insured against for the benefit of City of Fayetteville and Area Agency on Aging of Northwest Arkansas as their interests may appear. If the building constructed on the premises is damaged or destroyed Area Agency on Aging of Northwest Arkansas agrees to rebuild the premises in as good a condition as it was prior to the damage or destruction. 9. Insurance on Area Agency on Aging of Northwest Arkansas's Property. Area Agency on Aging of Northwest Arkansas shall be solely responsible for maintaining insurance 3 on its property, including, but not limited to, movables, trade fixtures installed by Area Agency on Aging of Northwest Arkansas, furniture, furnishings, and inventory. The City of Fayetteville will provide building insurance for the Walker Park Senior Citizens Center. 10. Liability Insurance. Area Agency on Aging of Northwest Arkansas shall, during the term of this Lease, maintain public liability insurance on the leased premises and on the business operated by the Area Agency on Aging of Northwest Arkansas or any sub -tenant occupying the leased premises. The limits of such public liability insurance shall not be less than $300,000.00 per each occurrence for bodily injury liability, with a $1,000,000.00 aggregate. Such policy shall contain a clause that the insurer will not cancel or change the insurance without giving City of Fayetteville, its successors or assigns, ten (10) days' prior written notice; and a certificate of such insurance shall be delivered to City of Fayetteville prior to the inception of this Lease. 11. Taxes. City of Fayetteville agrees to pay in full or cause to be paid in full all ad valorem property taxes levied and other taxes and assessments payable upon the leased premises. However, Area Agency on Aging of Northwest Arkansas agrees to pay all taxes levied against any furniture, fixtures or other personal property used in or on the premises by Area Agency on Aging of Northwest Arkansas on sub -leases of Area Agency on Aging of Northwest Arkansas. 12. Utility Bills. Area Agency on Aging of Northwest Arkansas agrees to pay all utility bills, including electricity, gas, water, sewer, telephone and trash pick up assessed against the premises throughout the term of this lease and any other expense incidental to the Area Agency on Aging of Northwest Arkansas's occupancy of the leased premises. 13. Compliance with Laws. Area Agency on Aging of Northwest Arkansas agrees not to violate any law ordinance, rule or regulation of any governmental authority having jurisdiction of the leased premises. 14. Trash. All trash and refuse deposited outside the building must be placed in sufficient receptacles furnished by Area Agency on Aging of Northwest Arkansas and approved by the Sanitation Service for the City of Fayetteville. 15. General Maintenance Area Agency on Aging of Northwest Arkansas agrees to provide general daily maintenance and upkeep of facility, i.e., cleaning of floors, kitchen area, offices, restrooms, dining area, craft room and windows. 16. Title and Quiet Entoyment: 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 payment by Area Agency on Aging of Northwest Arkansas of the rents herein provided and upon the observance and performance of all the covenants, terms, and conditions upon Area Agency on Aging of Northwest Arkansas's part to be observed and performed, Area Agency on Aging of Northwest Arkansas shall peaceable and quietly hold and enjoy the demised premises for the term hereby demised without hindrance or interruption by City of Fayetteville, subject to the terms and conditions of this Lease. 4 17. Succession This Lease Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 18. Waste. Area Agency on Aging of Northwest Arkansas agrees not to commit waste, nor permit waste to result or to be done to or upon the aforesaid property and premises; not to conduct any business thereon or therein, nor store or permit to be stored thereon or therein any explosives, combustible substances or materials of any nature, which would increase the fire hazard or cause a premium to be charged for insurance higher than that charged for the present use of said property, and not to operate, nor permit to be operated, nor to exist hereon or therein, any public or private nuisance. 19. 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 shall remain in full force and effect. 20. Interpretation. This Lease Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 21. 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. This Agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WITNESS OUR HANDS this day of , 20 Executive Director, Area Agency on Aging of NW Arkansas By: Mayor City of Fayetteville, Arkansas By: Sondra E. Smith City Clerk/Treasurer City of Fayetteville, Arkansas ACKNOWLEDGMENT STATE OF ARKANSAS) SS: COUNTY OF WASHINGTON) On this day, personally appeared before me for the Walker Park Senior Citizens Center, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and official seal this day of , 20 My commission expires: Notary Public ACKNOWLEDGMENT STATE OF ARKANSAS) / ) SS: ' a I COUNTY OF 5 On this day, personally appeared before me Mayor, City of Fayetteville, Arkansas, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and official seal this day of 20 . My commission expires: Notary Public AREA AGENCY ON•AGING OF NORTHWEST ARKANSAS With support from the Area Agency on Aging Foundation 1510 Rock Springs Road P.O. Box 1795 Harrison, Arkansas 72602-1795 Jerry L. Mitchell, Executive Director December 19, 2008 Connie Edmonston Parks and Recreation Director City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Connie: (870)741-1144 1-800-432-9721 Fax: (870) 741-6214 TDD: (870) 741-1346 Thank you for working with us to complete the lease on the Fayetteville Senior Center. The Area Agency on Aging of Northwest Arkansas does not do direct services in our senior activity centers for the seniors in Washington County. We instead have a contractual arrangement with the Northwest Arkansas Economic Development District to provide the direct services to the seniors in the senior activity centers, which includes Fayetteville This is to officially notify you as required in item number 7 in our lease agreement with the City of Fayetteville that we will need to sub -lease the Fayetteville Senior Center building to the Northwest Arkansas Economic Development District. We are requesting permission from the City of Fayetteville to sub -lease the Fayetteville Senior Center building to the Northwest Economic Development District. We will fivnish you a copy of the sub -lease once it has been executed if you would like to have it. Please contact me or Brad Bailey at this office if you need additional information. Sincerely, 1 cry LQMitchell Executive Director Zihtiriut- Weare a private, nonprofit agency in compliance with titles VI and VR of rhe Civil Rights Art, committed to the non-discriminatory delivery of services and an Affirmative Action Equal Opportunity Employer. Clarice Pearman - Res. 246-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Edmonston, Connie 12.22.08 11:44 AM Res. 246-08 Audit Audit Page 1 of 1 Connie: Attached is a copy of the above resolution passed by City Council regarding the Area Agency on Aging. I am forwarding to you one of four signed agreements. The Area Agency on Aging brought me a self-addressed envelope so I am mailing to them two of the signed agreements. Please let me know if there is anything else needed for this item. Have a good day. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494F7DA8F... 12.22.08