HomeMy WebLinkAbout194-09 RESOLUTIONRESOLUTION NO. 194-09
A RESOLUTION APPROVING THE LEASE AGREEMENT WITH ARTS
LIVE THEATRE d/b/a ARTS LIVE FOR USE OF THE PROPERTY AT 818
NORTH SANG 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
the Lease Agreement with Arts Live Theatre d/b/a Arts Live for use of the property at 818 North
Sang Avenue. A copy of the Lease Agreement is attached hereto as Exhibit "A," and made a
part hereof.
PASSED and APPROVED this 15th day of September, 2009.
APPROVED:
ATTEST:
By: Lul��. is: i By:
ELD JO , Mayor
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SONDRA E. SMITH, City Clerk/Treasurer
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
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City Council Meeting Date
Agenda Items Only
Community Services
Division
Action Required:
Development Services
Department
Approval of lease for 818 N Sang
Cost of this request
Account Number
Project Number
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budgeted Item x Budget Adjustment Attached
Departrnent DirdJr
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Date
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Date
Finance and Internal Services Director Date
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Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:Staff recommends approval of lease.
Revised January 15, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and Council
Thru:
From: Yolanda Fields, CS Direc
Date: July 30, 2009
Subject: Public Facility Program — Approval of Lease for 818 N. Sang
Jeremy Pate, Development Services Department Director 0I
RECOMMENDATION
Staff recommends approval of lease with Arts Live Theatre for the property located at
818 N. Sang.
BACKGROUND
The property located at 818 N. Sang was acquired with Community Development Block Grant
(CDBG) funds. This property is a part of the CDBG Public Facility Program Properties
acquired with CDBG are made available through an application process to non -profits that
provide services to low/mod residents in the City of Fayetteville. The Arts Live Theatre
submitted an application for the property located at 818 N. Sang. This organization met all the
requirements for the program.
Arts Live Theatre has been in operation for the past 25 years, they have served approximately
1,800 children and youth per year through theatre camps, classes, and main stage productions.
Their audience members number over 4,000 annually. Arts Live Theatre beneficiaries are
individuals from families with incomes that are extremely low to moderate. These children and
youth come from all over Fayetteville and the greater Northwest Arkansas area. Through the
comprehensive theatre education the participants have maximized their talents and bolsters their
self-confidence, building self-esteem while teaching them responsibility, creativity and
accountability.
DISCUSSION
The lease document with Arts Live Theatre for the property located at 818 N. Sang is being
submitted for approval.
BUDGET IMPACT
None.
RESOLUTION NO.
A RESOLUTION APPROVING THE LEASE AGREEMENT WITH
ARTS LIVE THEATRE d/b/a ARTS LIVE FOR USE OF THE
PROPERTY AT 818 NORTH SANG 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
the Lease Agreement with Arts Live Theatre d/b/a Arts Live for use of the property at 818 North
Sang Avenue. A copy of the Lease Agreement is attached hereto as Exhibit "A," and made a
part hereof.
PASSED and APPROVED this 15th day of September, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
tattaille
Community Development Block Grant
Public Facility Lease Program
LEASE AGREEMENT
818 N Sang Avenue
THIS LEASE AGREEMENT executed this 15th day of September 2009, by and
between the City of Fayetteville, Arkansas and Arts Live Theatre, a non-profit
Arkansas corporation, hereinafter referred to as "Arts Live.
In consideration of the promises, covenants and commitments contained
herein, the City of Fayetteville and Arts Live hereby agree as follows:
1. PREMISES. The City of Fayetteville hereby leases to Arts Live and Arts Live
hereby leases from The City of Fayetteville, the building, parking lot and
premises of 818 N Sang Avenue, Fayetteville, AR 72701.
2. TERM. The onginal term of this Lease shall commence on September 15, 2009
and shall terminate on September 15, 2010 at 5:00 p.m. This Lease shall be
automatically extended each subsequent year on September 15th unless written
notice of termination is given by City of Fayetteville or Arts Live to the other party
at least thirty (30) days pnor to expiration of the original term of this lease. This
notice shall be effective if mailed or delivered to:
City of Fayetteville
Mayor's Office
113 W Mountain
Fayetteville, AR 72701
Arts Live
Executive Director
818 N Sang Avenue
Fayetteville, AR 72701
3. CONSIDERATION. In consideration for the use of leased premises Arts Live
agrees to provide its services to the citizens of Fayetteville and Northwest
Arkansas with emphasis on low and moderate income children and youth in
Fayetteville. Arts Live agrees to provide comprehensive theatre education to
children and youth that maximizes their talents and bolsters their self-confidence,
building self-esteem while teaching responsibility, creativity and accountability.
Arts Live 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.
Arts Live shall submit a quarterly activity report to the City of Fayetteville
Community Services Division on or before the 15th 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 Arts Live's
records during all reasonable hours and shall have the nght to inspect and copy
said records.
A!KAMS S
Community Development Block Grant
Public Facility Lease Program
4. UTILITIES. Arts Live shall be responsible for prompt and complete payment of
all utilities including electnc 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 Services Division of the City of Fayetteville, Arts Live may make
improvements that are necessary to carry out the services they provide. Arts
Live agrees that it will keep and maintain the leased premises and all
improvements thereon in good condition and repair at all times. Arts Live 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. Arts Live, at its own cost and expense, shall maintain
and keep premises in as good repair as when the premises were received or in
their highest state of repair during the lease term, ordinary wear and tear and
casualties beyond Arts Live's control alone excepted and Arts Live shall return
the leased premise at the expiration or termination of the Lease in good order
and condition excepting only ordinary wear and tear and casualties beyond Arts
Live control. Design for any such improvements shall be approved by the City of
Fayetteville Community Services Division. Upon termination of this lease all
improvements shall become the property of the City of Fayetteville.
6. MAINTENANCE AND REPAIR FUND. Arts Live will establish and maintain a
Maintenance and Repair Fund. Arts Live 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 Arts Live.
7. FACILITY DEPOSIT. Arts Live will provide a $5,000.00 Facility Deposit to the
City of Fayetteville prior to move in unless a letter of understanding is attached to
this lease agreement Entire amount will be held by the city for the duration of
the lease. Upon notification of intent to vacate the Lease the City will inspect
location to determine condition. If repairs are needed to return the premises to
good condition the Facility Deposit amount will used to make the repairs. Any
remaining balance will be refunded to Arts Live.
8. INSURANCE. Arts Live agrees to carry fire and extended coverage insurance
on the improvements on the leased premises, which policy shall name City of
Fayetteville as an insured and Arts Live agrees to maintain said policy in force
throughout the term of the Lease and extension thereof. Said policy shall be in
an amount of $300,000 00 Arts Live shall file a copy of said policy and all
renewals with the City Clerk of City of Fayetteville. Arts Live agrees to notify the
City of Fayetteville in writing of any amendments to or cancellation of said policy
or renewals.
ye.v e
RMRNS S
Community Development Block Grant
Public Facility Lease Program
9. MONTHLY FINANCIAL STATEMENTS. Arts Live shall maintain complete and
accurate monthly financial statements for all activities conducted on the leased
premises. Arts Live shall file a copy of each month's financial statement with the
City of Fayetteville's Community Services Division on or before the 15th day of
the following month.
10. 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. Arts Live commits that the leased premises will be
used to benefit low and moderate income families.
11. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS. Arts Live
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. Lessee 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. Lessee 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. Lessee 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), which
provides 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 other wise subjected to discrimination
under any of Arts Live's programs or activities.
d. Arts Live 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. Arts Live 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.
ye ee
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
12. PERSONAL GAIN. Arts Live will establish safeguards to prohibit employees
from using position 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.
13. HATCH ACT. Arts Live will comply with applicable provisions of the Hatch Act.
14. RIGHT TO INSPECT RECORDS. Arts Live 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.
15. ENVIRONMENTAL PROTECTION. Arts Live 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
16. FLOOD DISASTER PROTECTION ACT. Arts Live 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.
17. CURE OR TERMINATION. If the City of Fayetteville determines that Arts Live
has violated a duty, term or condition of this Lease Agreement, it shall so notify
Arts Live in writing at the address listed above in paragraph 2. Arts Live shall
have thirty (30) days after notification to cure the breach. If Arts Live fails to cure
the breach to satisfaction of the City of Fayetteville within the allotted period of
time, the City of Fayetteville, acting through its Mayor, may declare this Lease
Agreement terminated and so notify Arts Live which shall immediately vacate the
premises.
ye elf' AS
Community Development Block Grant
Public Facility Lease Program
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the
date first above written.
ARTS LIVE THEATRE
DBA - Arts Live
Mark Smith
Executive Artistic Director
CITY O
FAYETTEVILLE, ARKANSAS
Lioneld Jo
Mayor
ATTEST:
Do
Sondra E. Smith
City Clerk/Treasurer
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