HomeMy WebLinkAbout174-12 RESOLUTIONRESOLUTION NO. 174-12
A RESOLUTION APPROVING A LEASE AGREEMENT WITH
LIFESOURCE INTERNATIONAL FOR PREMISES LOCATED AT 1932 S.
GARLAND AVENUE IN EXCHANGE FOR SERVICES TO THE CITIZENS
OF FAYETTEVILLE
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 Lifesource International for premises located at 1932 S. Garland Avenue in
exchange for services to the citizens of Fayetteville. A copy of the lease agreement is attached to
this Resolution as Exhibit "A".
PASSED and APPROVED this 4th day of September, 2012.
APPROVED: ATTEST:
By:
By:
ANJA, e „tomtizi.,
SONDRA E. SMITH, City Clerk/Treasurer
Ye ev le
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
LEASE AGREEMENT
1932 S Garland Avenue
THIS LEASE AGREMENT executed this 4th day of September 2012, by and
between the City of Fayetteville, Arkansas and LifeSource International, a
nonprofit Arkansas corporation, hereinafter referred to as "LifeSource".
In consideration of the promises, covenants and commitments contained
herein, the City of Fayetteville and LifeSource hereby agree as follows:
1. PREMISES. The City of Fayetteville hereby leases to LifeSource and
LifeSource 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 September 4,
2012 and shall terminate on September 4, 2013 at 5:00 p.m. This Lease shall
be automatically extended each subsequent year on September 4th unless
written notice of termination is given by the City of Fayetteville or LifeSource
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
LifeSource
Executive Director
602 S School Ave
Fayetteville AR 72701
3. CONSIDERATION. In consideration for the use of leased premises
LifeSource agrees to provide its services to the citizens of Fayetteville and
Northwest Arkansas with emphasis on low and moderate income clientele in
Fayetteville. LifeSource agrees to provide professional counseling services
and adult education classes for low and moderate income clientele.
LifeSource agrees to begin utilizing the property for these services within 6
months of signing this lease agreement. LifeSource 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. LifeSource 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
LifeSource's records during all reasonable hours and shall have the right to
inspect and copy said records.
Wie
S
Community Development Block Grant
Public Facility Lease Program
4. UTILITIES. LifeSource 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, LifeSource may make
improvements that are necessary to carry out the services they provide.
LifeSource agrees that it will keep and maintain the leased premises and all
improvements thereon in good condition and repair at all times. LifeSource
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. LifeSource, 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 LifeSource's control alone excepted.
LifeSource 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 LifeSource 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. LifeSource will maintain a
Maintenance and Repair Account specific to this property. LifeSource 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. LifeSource 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. LifeSource 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 the 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
LifeSource.
Community Development Block Grant
Public Facility Lease Program
8. INSURANCE. LifeSource agrees to carry liability insurance on the leased
premises. LifeSource agrees to maintain said policy in force throughout the
term of the Lease and extension thereof. LifeSource shall file a copy of said
policy and all renewals with the City Clerk of the City of Fayetteville.
LifeSource agrees to notify the City of Fayetteville in writing of any
amendments to or cancellation of said policy or renewals. The City of
Fayetteville carries property insurance on all City owned buildings.
LifeSource will receive an annual bill from the City for the property insurance
on 1932 S Garland Avenue.
9. MONTHLY FINANCIAL STATEMENTS. LifeSource shall maintain complete
and accurate monthly financial statements for all activities conducted on the
leased premises. LifeSource 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. LifeSource commits that the
leased premises will be used to benefit low and moderate income families.
11. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS. LifeSource
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 LifeSource's programs or activities.
•
aye ev e
Afl KANSAS
Community Development Block Grant
Public Facility Lease Program
participation in, be denied the benefits of, or be other wise subjected
to discrimination under any of LifeSource's programs or activities.
d. LifeSource 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. LifeSource 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. LifeSource 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. LifeSource will comply with applicable provisions of the Hatch
Act.
14. RIGHT TO INSPECT RECORDS. LifeSource 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. LifeSource 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. LifeSource shall comply with the
Flood Disaster Protection Act of 1973, P.L. 93-234, 87stat. 975, approved
WtT
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
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
LifeSource has violated a duty, term or condition of this Lease Agreement, it
shall so notify LifeSource in writing at the address listed above in paragraph
2. LifeSource shall have thirty (30) days after notification to cure the breach.
If LifeSource 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
LifeSource which shall immediately vacate the premises.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on
the date first above written.
LifeSource International
Ernie Conduff
Executive Director
City of Fayett`ville, Arkansas
Lionel
Mayor
ATTEST:
4
Sondra E. Smith
City Clerk/Treasurer
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Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/4/2012
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
Departure •.'c, rector
Ci Attorney
ficia
Finance and Internal Services Director
Date
Previous Ordinance or Resolution #
/ Original Contract Date:
g" /t-- / Z Original Contract Number:
Date
Date
Date
Date
08-15-12 A09 :20 RCVD
Received in City
Clerk's Office
Staff recommends approval of lease.
Revised January 15, 2009
le
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.a ccessfayettevi l l e.o rg
CITY COUNCIL AGENDA MEMO
To: City Council and Mayor
Thru: Jeremy Pate, Director Development Services 2§
From: Yolanda Fields, Director Community Servi
Date: August 13, 2012
Subject: Public Facility Lease Program — Approval of Lease for 1932 S Garland
PROPOSAL:
The property located at 1932 5 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. LifeSource International submitted an application for the property
located at 1932 S Garland. LifeSource International was the only applicant and met all the requirements for
the program.
LifeSource International has been in operation since 2001. They provide services for underprivileged and
socially at -risk familes and children of Northwest Arkasnas. Their programs include food assistance, clothing
pantry, professional counseling, Kid's Life afterschool and summer programs, adult education and Senior Life
program. LifeSource International's mission is "Strengthening Families and Building Communities".
RECOMMENDATION:
Staff recommends the approval of the lease with LifeSource International for the property located at 1932 S
Garland.
BUDGET IMPACT:
None.
RESOLUTION NO.
A RESOLUTION APPROVING A LEASE AGREEMENT WITH
LIFESOURCE INTERNATIONAL FOR PREMISES LOCATED AT 1932 S.
GARLAND AVENUE IN EXCHANGE FOR SERVICES TO THE CITIZENS
OF FAYETTEVILLE
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 Lifesource International for premises located at 1932 S. Garland Avenue in
exchange for services to the citizens of Fayetteville. A copy of the lease agreement is attached to
this Resolution as Exhibit "A".
PASSED and APPROVED this 4th day of September, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer