HomeMy WebLinkAbout187-19 RESOLUTIONOF FAYETIF
4R/(A N5 VS
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 187-19
File Number: 2019-0.168
ELIZABETH RICHARDSON CENTER LEASE AGREEMENT:
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE ELIZABETH RICHARDSON
CENTER FOR PROPERTY LOCATED AT 2190 SOUTH RAZORBACK ROAD PURSUANT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY LEASE PROGRAM
WHEREAS, the building located at 2190 South Razorback Road was constructed with Community
Development Block Grant (CDBG) funds and is a part of the CDBG Public Facility Lease Program; and
WHEREAS, the Elizabeth Richardson Center (ERC) offers programs for children and adults with
intellectual and developmental disabilities with an emphasis on low to moderate income clients in
Fayetteville.
NOW, THEREFORE, 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 attached
lease agreement with Elizabeth Richardson Center pursuant to the Community Development Block Grant
Public Facility Lease Program and authorizes Mayor Jordan to sign the lease agreement.
PASSED and APPROVED on 8/20/2019
Page 1 Printed on 8121119
File Number. 2019-0468
Resolution 187-19
Attest:
Sondra E. Smith, City Clerk Treasu���iiir,,��
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Page 2 Printed on 8121119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
/ Text File
®=� File Number: 2019-0468
Agenda Date: 8/20/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 6
ELIZABETH RICHARDSON CENTER LEASE AGREEMENT:
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE ELIZABETH RICHARDSON
CENTER FOR PROPERTY LOCATED AT 2190 SOUTH RAZORBACK ROAD PURSUANT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY LEASE PROGRAM
WHEREAS, the building located at 2190 South Razorback Road was constructed with Community
Development Block Grant (CDBG) funds and is a part of the CDBG Public Facility Lease Program; and
WHEREAS, the Elizabeth Richardson Center (ERC) offers programs for children and adults with intellectual
and developmental disabilities with an emphasis on low to moderate income clients in Fayetteville.
NOW, THEREFORE, 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 attached lease
agreement with Elizabeth Richardson Center pursuant to the Community Development Block Grant Public
Facility Lease Program and authorizes Mayor Jordan to sign the lease agreement.
City of Fayetteville, Arkansas Paye 1 Printed on 8/22/2019
City of Fayetteville Staff Review Form
2019-0468
Legistar File ID
8/20/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Yolanda Fields 8/1/2019 COMMUNITY RESOURCES (642)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of the lease with Elizabeth Richardson Center for the property located at 2190 S
Razorback Rd.
Budget Impact:
NA NA
Account Number
NA
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
NA
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 20, 2019
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
FROM: Yolanda Fields, Community Resources Directo
DATE: August 1, 2019 4e
SUBJECT: Staff recommends approval of the lease with Elizabeth Richardson Center.
RECOMMENDATION:
Staff recommends approval of the lease with Elizabeth Richardson Center for the property
located at 2190 S Razorback Rd.
BACKGROUND:
The property located at 2190 S Razorback Rd was constructed with Community Development
Block Grant (CDBG) funds. This property is a part of the CDBG Public Facility Lease Program.
Properties constructed with CDBG funds are made available through an application process to
nonprofits that provide services to low and moderate income residents in the City of Fayetteville.
Elizabeth Richardson Center submitted an application for the property located at 2190 S
Razorback Rd. This organization meets all requirements for participation in the program.
Elizabeth Richardson Center (ERC) is a local nonprofit serving the needs of individuals with
intellectual or developmental disabilities since 1963. ERC has programs for children and adults.
DISCUSSION:
The lease document with Elizabeth Richardson Center for the property located at 2190 S.
Razorback Rd is being submitted for approval.
BUDGET/STAFF IMPACT:
None.
Attachments:
Lease Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
W4W
CITY OF
FAYETTEVILLE
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
LEASE AGREEMENT
2190 S Razorback Road
THIS LEASE AGREMENT executed this 20th day of August 2019, by and between the
City of Fayetteville, Arkansas and Elizabeth Richardson Center, a nonprofit Arkansas
corporation, hereinafter referred to as "ERC".
In consideration of the promises, covenants and commitments contained herein,
the City of Fayetteville and ERC hereby agree as follows:
1. PREMISES. The City of Fayetteville hereby leases to ERC and ERC hereby leases
from the City of Fayetteville, the building, parking lot and premises of 2190 S
Razorback Road, Fayetteville, AR 72701.
2. TERM. The original term of this Lease shall commence on August 20, 2019 and
shall terminate on August 20, 2020 at 5:00 p.m. This Lease shall be automatically
extended each subsequent year on August 20th unless written notice of termination
is given by the City of Fayetteville or ERC 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
ERC
Mayor's Office
Executive Director
113 W Mountain
2190 S Razorback Road
Fayetteville AR 72701
Fayetteville AR 72701
CONSIDERATION. In consideration for the use of leased premises ERC agrees to
provide its services to the citizens of Fayetteville and Northwest Arkansas with
emphasis on low and moderate income clientele in Fayetteville. ERC will provide
the services outlined in their Public Facility Lease Program Application — Section IX;
included as Attachment A to this document. ERC 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. ERC shall submit a quarterly activity report
to the City of Fayetteville Community Resources 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 ERC's records during all reasonable hours and shall have the right to inspect
and copy said records.
CITY OF
FAYETTEVILLE
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
4. UTILITIES. ERC 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 telecommunications bills.
5. IMPROVEMENTS TO PREMISES. If previously approved in writing by the
Community Resources Division of the City of Fayetteville, ERC may make
improvements that are necessary to carry out the services they provide. ERC
agrees that it will keep and maintain the leased premises and all improvements
thereon in good condition and repair at all times. ERC 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. ERC, 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 ERC's control alone excepted. ERC
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
ERC control. Design for any such improvements shall be approved by the City of
Fayetteville Community Resources Division. Upon termination of this lease all
improvements shall become the property of the City of Fayetteville.
6. MAINTENANCE AND REPAIR FUND. ERC will maintain a Maintenance and
Repair Account specific to this property. ERC 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. ERC 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. ERC 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 will be used to make the repairs. Any remaining balance will be
refunded to ERC.
C,TY of
FAYETTEVILLE
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
8. INSURANCE. ERC agrees to carry liability insurance on the leased premises. ERC
agrees to maintain said policy in force throughout the term of the Lease and
extension thereof. ERC shall file a copy of said policy and all renewals with the City
Clerk of the City of Fayetteville. ERC 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. ERC will receive
an annual bill from the City for the property insurance on 2190 S Razorback Road.
9. MONTHLY FINANCIAL STATEMENTS. ERC shall maintain complete and accurate
monthly financial statements for all activities conducted on the leased premises.
ERC shall file a copy of each month's financial statement with the City of
Fayetteville's Community Resources 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. ERC commits that the leased premises will be used to benefit low
and moderate income families.
11. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS. ERC 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
ERC's programs or activities.
d. ERC will comply with Section 109 of the Housing and Community
Development Act of 1974, and the regulations issued pursuant thereto (24
c,TY O=
FAYETTEVILLE
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
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. ERC 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. ERC will establish safeguards to prohibit employees from using
their 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. ERC will comply with applicable provisions of the Hatch Act.
14. RIGHT TO INSPECT RECORDS. ERC 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. ERC 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. ERC 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
phrase "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.
CITY OF
FAYETTEVILLE
ARKANSAS
Community Development Block Grant
Public Facility Lease Program
17. CURE OR TERMINATION. If the City of Fayetteville determines that ERC has
violated a duty, term or condition of this Lease Agreement, it shall so notify ERC in
writing at the address listed above in paragraph 2. ERC shall have thirty (30) days
after notification to cure the breach. If ERC fails to cure the breach to the
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 ERC, which shall immediately vacate the premises.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date
first above written.
Elizabeth Richardson Center City of ayette ille, Ar ansas
d/b/a ERC
L:;L told
Barbara Ludwig i eld Jor
Co -Executive Director Mayor
ATTEST:
�`` �y. • C I T Y
Sondra E. Smith ��•��G'
City Clerk/Treasurer !�; FgYErrEV/C( :rTj'
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