HomeMy WebLinkAbout212-14 RESOLUTIONRESOLUTION NO. 212-14
A RESOLUTION TO APPROVE A ONE YEAR LEASE WITH OPTION TO
RENEW FOR SEVEN YEARS WITH THE AREA AGENCY ON AGING OF
NORTHWEST ARKANSAS WITH CONSIDERATION FOR THE LEASE OF
$1.00 PER YEAR, THE PROVISION OF PUBLIC RECREATION SERVICES
TO FAYETTEVILLE SENIOR CITIZENS AND UPKEEP AND
MAINTENANANCE OF THE WALKER PARK SENIOR ACTIVITY AND
WELLNESS 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
one year lease with option to renew for seven years with the Area Agency on Aging of
Northwest Arkansas with consideration for the lease of $1.00 per year, the provision of public
recreation services to Fayetteville senior citizens and upkeep and maintenance of the Walker
Park Senior Activity and Wellness Center located at 945 S. College Avenue and authorizes
Mayor Jordan to execute the lease.
PASSED and APPROVED this 2nd day of December, 2014.
APPROVED:
ATTEST:
)6ti ,a4 -
V By:
N, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville, Arkansas
Text File
File Number: 2014-0462
113 West Mountain Street
Fayetteville, AR 72701
479-575-8323 TDD -
479-521-1316
Agenda Date: 12/2/2014
In Control: City Council
Agenda Number: A. 8
Version: 1 Status: Passed
File Type: Resolution
A RESOLUTION TO APPROVE A ONE YEAR LEASE WITH OPTION TO RENEW FOR SEVEN
YEARS WITH THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS WITH
CONSIDERATION FOR THE LEASE OF $1.00 PER YEAR, THE PROVISION OF PUBLIC
RECREATION SERVICES TO FAYETTEVILLE SENIOR CITIZENS AND UPKEEP AND
MAINTENANCE OF THE WALKER PARK SENIOR ACTIVITY AND WELLNESS 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 one year lease
with option to renew for seven years with the Area Agency on Aging of Northwest Arkansas with
consideration for the lease of $1.00 per year, the provision of public recreation services to Fayetteville
senior citizens and upkeep and maintenance of the Walker Park Senior Activity and Wellness Center
located at 945 S. College Avenue and authorizes Mayor Jordan to execute the lease.
City of Fayetteville, Arkansas
Page 1 Printed on 12/3/2014
City of Fayetteville Staff Review Form
2014-0462
Legistar File ID
11/18/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Connie Edmonston
Submitted By
10/22/2014
Submitted Date
Parks & Recreation /
Parks & Recreation Department
Action Recommendation:
Division / Department
A resolution approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the Walker
Park Senior Activity and Wellness Center building located at 945 South College Avenue.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? No
Fund
Project Title
Current Budget $
Funds Obligated $
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$
$
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
246-08
V20140710
Approval Date: 1"1' If (4
CITY OF
eieviiie
v
ARKANSAS
CITY COUNCIL AGENDA MEMO
MEETING OF NOVEMBER 18, 2014
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Connie Edmonston, Parks and Recreation Director
DATE: October 22, 2014
SUBJECT: Walker Park Senior Activity and Wellness Center Building Lease
RECOMMENDATION:
A resolution approving a lease agreement with the Area Agency on Aging of Northwest
Arkansas for the Walker Park Senior Activity and Wellness Center building located at 945 South
College Avenue.
BACKGROUND:
The Walker Park Senior Activity and Wellness Center opened in July of 2003 and has been
under the operations of the Area Agency on Aging of Northwest Arkansas. The center offers a
wide range of daily activities and services such as nutrition, recreation, health and wellness
programs and other services for senior adults. The center may be used for special events such
as scheduled meetings of community groups, reunions, receptions, etc. and user fees are
allowed to be charged for these events.
DISCUSSION:
The City's building lease for the Walker Park Senior Activity and Wellness Center with the Area
Agency on Aging of Northwest Arkansas is up for renewal on December 31, 2014. The agency
has abided by our previous agreement in providing quality programs for our senior citizens;
therefore, staff recommends continuation of this partnership. City staff has worked with the
agency to update the current lease agreement. Listed below are focal points and changes
made in the new contract:
1. This lease agreement is for the 2015 calendar year and may be automatically renewed
for seven years if mutually agreed on by both parties. The renewal period was changed
from five to seven years, adding two additional years.
2. The lease sum is $1.00 per year in exchange for the operations of the building as a
senior adult center.
3. 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.
4. 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.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
5. The center is designated as an emergency shelter. Staff of the Walker Park Senior
Activity and Wellness Center will work with City staff to ensure the center is properly
functioning as an emergency center.
BUDGET/STAFF IMPACT:
The City's Building Services Division is responsible for repairs to the roof, heating/air units and
major repairs for electric/plumbing. The City's Parks and Recreation Department will provide
snow removal on the parking lot. The City will be responsible for Capital Projects over $10,000.
In 2014, the City is expanding the parking lot at the center. The 5 -Year CIP Plan includes Sales
Tax Funding in 2015-2017 in the amount of $275,000 to expand and renovate the kitchen in
order to provide the senior adult nutrition program at the Walker and Hillcrest Towers Centers
and Meals On Wheels program.
Attachments:
Building Lease Agreement
2
I
LEASE i
a
This Agreement, made and entered into the 7.t5 day of;2014, 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, 2015 through December 31,
2015. The Lease may be automatically renewed for a term of seven (7) 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 2015 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
building structure, including exterior doors and windows, 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, doors, wiring, plumbing, and window and door glass in good
repair at their expense. The City of Fayetteville Building Service Division will be responsible for
repairs to the roof, heating and air units, and major repairs for electric and plumbing. The City
Parks and Recreation Department will provide snow removal on the parking lot
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
2
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. Capital items costing over $10,000 for the Walker Park Senior
Activity and Wellness Center building must be submitted to the City of Fayetteville Parks and
Recreation Department by May 1 of each year 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 Activity and Wellness 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 Activity and Wellness 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
Activity and Wellness 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 Activity and Wellness Center to conduct public meetings or staff meetings.
Should the property cease to be utilized as a Senior Activity and Wellness 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.
The Walker Park Senior Activity and Wellness Center is designated as an emergency shelter by
the City of Fayetteville. The City purchased and installed a large generator to make the building
feasible as an emergency shelter and the generator shall only be used in the event of an
emergency or power outage. The staff of the Walker Park Senior Activity and Wellness Center
will work with the City of Fayetteville Staff to ensure the center is properly prepared to serve as
an emergency shelter as required by the City.
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 may choose to subcontract 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
3
business within the State of Arkansas in an amount equal to not less than the replacement value
of the premises and to furnish Area Agency on Aging of Northwest Arkansas 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, during the term of this lease, the premises or the building and other improvements in
which the premises are located are totally or partially destroyed from any cause, rendering the
premises totally or partially inaccessible or unusable, City of Fayetteville may restore the
premises or the building and other improvements in which the premises are located to
substantially the same condition as they were in immediately before destruction. City of
Fayetteville may provide an alternate location, subject to the approval of Area Agency on Aging
of Northwest Arkansas, for the remainder of the term of the lease or until the Area Agency on
Aging of Northwest Arkansas is able to return to the original location, at City of Fayetteville's
option.
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
on its property, including, but not limited to, movables, trade fixtures installed by Area Agency
on Aging of Northwest Arkansas, furniture, furnishings, and inventory.
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. The Area Agency
on Aging of Northwest Arkansas may request funding from the City of Fayetteville for utility
bills. Funding requests must be submitted to the City of Fayetteville Parks and Recreation
Department by May 1 of each year in order to be considered for the following year by the City
Council.
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
4
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 City of Fayetteville Trash and Recycling Division.
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 in compliance with the Arkansas Health
Department.
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.
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 7th day of Octbe ' 014,
y: By.
Executive Director, Mayo
Area Agency on Aging of NW Arkansas City etteville, Arkansas
By: Sondra E. Smith
City Clerk/Treasurer
5
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City of Fayetteville, Arkansas titi`r,!-C-' '
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ACKNOWLEDGMENT
STATE OF ARKANSAS)
SS
COUNTY OF WASHINGTON)
6
On this day, personally appeared before me +'l tk l( for the Walker Park
Senior Activity and Wellness 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 -7h day of 0, d6b,er , 20 14 .
My commission expires: 5 "-9-Li
f DONNA PLIIMLEE
NOTARY PUBLIC -STATE OF ARKANSAS
'30ONE CCUN Y
My Commission Expires 7-05-21024
Commission # 12399414 k
STATE OF ARKANSAS)
COUNTY OF
) SS:
Notary Public
ACKNOWLEDGMENT
On this day, personally appeared before me Aof Q ci J7jJLfl 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 purposek therein contained.
WITNESS my hand and official seal this 4 day of up,on ilarjr ,
201a.
My commission expires:
-a1—aoa3
N�tary Public