HomeMy WebLinkAbout111-11 RESOLUTIONRESOLUTION NO. 111-11
A RESOLUTION APPROVING A LEASE WITH YOUTH BRIDGE, INC. FOR
PROPERTY LOCATED AT 1932 SOUTH GARLAND PURSUANT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY
LEASE PROGRAM
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 with Youth Bridge, Inc. for property located at 1932 S. Garland pursuant to the Community
Development Block Grant Public Facility Lease Program. A copy of the lease is attached as
Exhibit "A".
PASSED and APPROVED this 5th day of July, 2011.
APPROVED:
IO ELD ' ► • N, Mayor
ATTEST:
ilLA ''t k, --L ele-i'L +Jr :
SONDRA E. SMITH, ity Clerk/Treasurer
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Community Development Block Grant
Public Facility Lease Program
LEASE AGREEMENT
1932 Garland Avenue
THIS LEASE AGREMENT executed this 17th day of May 2011, by and between
the City of Fayetteville, Arkansas and Youth Bridge, Inc, a non-profit Arkansas
corporation, hereinafter referred to as "Youth Bridge".
In consideration of the promises, covenants and commitments contained
herein, the City of Fayetteville and Youth Bridge hereby agree as follows:
1. PREMISES. The City of Fayetteville hereby leases to Youth Bridge and
Youth Bridge hereby leases from The City of Fayetteville, the building,
parking lot and premises of 1932 S Garland Avenue, Fayetteville, AR 72701.
2. TERM. The original term of this Lease shall commence on May 17, 2011 and
shall terminate on May 17, 2012 at 5:00 p.m. This Lease shall be
automatically extended each subsequent year on May 17th unless written
notice of termination is given by the City of Fayetteville or Youth Bridge to the
other party at least thirty (30) days prior 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
Youth Bridge
Executive Director
2153 E Joyce Blvd Suite 201
Fayetteville, AR 72703
3. CONSIDERATION. In consideration for the use of leased premises Youth
Bridge agrees to provide its services to the citizens of Fayetteville and
Northwest Arkansas with emphasis on low and moderate income youth in
Fayetteville. Youth Bridge agrees to provide transitional living programs and
shelter to youth that are homeless or need emergency shelter stabilizing and
rehabilitating the youth and enabling them to lead healthy and independent
lives, stay in school and make better choices. Youth Bridge 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. Youth Bridge
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 Youth
Bridge's records during all reasonable hours and shall have the right to
inspect and copy said records.
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Community Development Block Grant
Public Facility Lease Program
4. UTILITIES. Youth Bridge 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 Services Division of the City of Fayetteville, Youth Bridge may
make improvements that are necessary to carry out the services they provide.
Youth Bridge agrees that it will keep and maintain the leased premises and all
improvements thereon in good condition and repair at all times. Youth Bridge
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. Youth Bridge, 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 Youth Bridge's control alone excepted. Youth
Bridge 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 Youth Bridge 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. Youth Bridge will maintain a
Maintenance and Repair Account specific to this property. Youth Bridge shall
be able to show in their operating budget that a maintenance and repair line
item with a total of $30,000.00 is allocated; and supplies, maintenance crew
and other maintenance items for the maintenance and repair of the facility will
be charged against this line item for the duration of the lease. Youth Bridge
will provide documentation as requested. At the end of this Lease Agreement
charges against this account for that property will end and the property will be
in as good or better condition as it was found.
7. FACILITY DEPOSIT. Youth Bridge 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. The 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 be used
to make the repairs. Any remaining balance will be refunded to the Youth
Bridge.
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Community Development Block Grant
Public Facility Lease Program
8. INSURANCE. Youth Bridge 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 Youth Bridge 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. Youth Bridge shall file a
copy of said policy and all renewals with the City Clerk of the City of
Fayetteville. Youth Bridge agrees to notify the City of Fayetteville in writing of
any amendments to or cancellation of said policy or renewals.
9. MONTHLY FINANCIAL STATEMENTS. Youth Bridge shall maintain
complete and accurate monthly financial statements for all activities
conducted on the leased premises. Youth Bridge 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. Youth Bridge commits that the
leased premises will be used to benefit low and moderate income families.
11.COMPLIANCE WITH FEDERAL RULES AND REGULATIONS. Youth
Bridge 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 Youth Bridge's programs or activities.
d. Youth Bridge 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
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/ ARKANSAS
Community Development Block Grant
Public Facility Lease Program
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. Youth Bridge 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.
12. PERSONAL GAIN. Youth Bridge 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. Youth Bridge will comply with applicable provisions of the
Hatch Act.
14. RIGHT TO INSPECT RECORDS. Youth Bridge 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. Youth Bridge 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) listofViolating 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. Youth Bridge 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
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Community Development Block Grant
Public Facility Lease Program
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 Youth
Bridge has violated a duty, term or condition of this Lease Agreement, it shall
so notify Youth Bridge in writing at the address listed above in paragraph 2.
Youth Bridge shall have thirty (30) days after notification to cure the breach.
If Youth Bridge 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 Youth Bridge which shall immediately vacate the premises.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on
the date first above written.
Youth Bridge, Inc
CITY OF FAYETTEVILLE,
d/b/a Youth Brid : e ARKA SAS
ioneld Jor
Mayor
ATTEST:
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Sondra E. Smith
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City Clerk/Treasurer
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/5/2011
City Council Meeting Date
Agenda Items Only
Community Services
Division
Action Required:
Development Services
Department
Approval of lease for 1932 S Garland.
Cost of this request
Account Number
Project Number
Budgeted Item
X
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Community Services
Remaining Balance Fund Name
Budget Adjustment Attached
Departme � it for
Ci ttorney
Date
4-2p- If
Date
6-1.1-zat t
Finance and Internal Services Director
Chief of S
r
Date
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in city -15-1 1 P01 :43 RCVD
Clerk's Office
I
Received in
Mayor's Office
Staff recommends approval of lease.
Revised January 15, 2009
'�tevi�le
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
To: City Council and Mayor
Thru: Jeremy Pate, Director Development Services
From: Yolanda Fields, Director Community Se
Date: June 14, 2011
Subject: Public Facility Lease Program — Approval of Lease for 1932 S Garland
PROPOSAL:
The property located at 1932 S Garland was acquired with Community Development Block Grant (CDBG)
funds. This property is a part of the CDBG Public Facility Lease Program. Properties acquired with CDBG funds
are made available through an application process to non -profits that provide services to low and moderate
income residents in the City of Fayetteville. Youth Bridge submitted an application for the property located at
1932 S Garland. Youth Bridge was the only applicant and met all the requirements for the program.
Youth Bridge has been in operation since 1965. It provides transitional living programs and shelter to youth
that are homeless or need emergency shelter. These youth come from all over Fayetteville and the greater
Northwest Arkansas area. Youth Bridge's goals are to stabilize and rehabilitate youth, enabling them to lead
healthy and independent lives, stay in school and make better choices.
RECOMMENDATION:
Staff recommends the approval of the lease with Youth Bridge for the property located at 1932 S Garland.
BUDGET IMPACT:
None.
RESOLUTION NO.
A RESOLUTION APPROVING A LEASE WITH YOUTH BRIDGE, INC. FOR
PROPERTY LOCATED AT 1932 SOUTH GARLAND PURSUANT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY
LEASE PROGRAM
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 with Youth Bridge, Inc. for property located at 1932 S. Garland pursuant to the Community
Development Block Grant Public Facility Lease Program. A copy of the lease is attached as
Exhibit "A".
PASSED and APPROVED this 5th day of July, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer