RES NO 11-07-2011 CITY OF VAN BUREN, ARKANSAS
RESOLUTION ROT n
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE VAN BUREN BOYS
AND GIRLS CLUB BOARD OF DIRECTORS TO ASSIGN
THE FACILITY LEASE TO A FINANCIAL INSTITUTION.
WHEREAS, the City of Van Buren has a lease with the Boys and Girls Club of Van Buren
for their building located in the Van Buren City Park; and
WHEREAS, the Boys and Girls Club have received grant funds for building improvements, but
are in need to borrow additional funds for the project; and
WHEREAS, in order to secure the additional funding, the financial institution requires
assignment of the lease, which in accordance with paragraph 13 of said lease
dated November 29, 2006, requires City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Boys and Girls Club Board of Directors is hereby authorized to assign the
lease agreement, Exhibit "A" attached hereto, to Citizen's Bank and Trust
Company to secure loan proceeds for said building improvements.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its
Regular Meeting held on the 21 day of November, 2011.
Robert D. Free
Mayor
ATTESTED: APPROVED AS TO FORM:
Bab CJC(e Candice A. Settle
City-Clerl as;fer City Attorney
BOYS GIRLS CLUB
OPVAN BUREN
November 15, 201 1 1403 City Park Rd.
P.O. Box 443
Mayor Bob Freeman Tel 479 -474 -9401
Y Fax 479 474 -9401
City of Van Buren www.bqcofvb.orq
Municipal Complex
Dear Mr. Mayor,
Officers
Citizens Bank Trust has requested an assignment of our lease for the Marc McCune
q g President
Boys Girls Club property for the purpose of obtaining a construction
than for the addition to the Club. Clarke Moore
Vice President
According to the terms of our lease agreement with the City, the H ea y u T ri rimble
approval of the City Council is required for this to take place. We
therefore request that you present this resolution to the council at the Debbie Faubus- Kendrick
Secretary
next meeting for their approval.
Board of Directors
Cami Brown
The assignment will automatically revert to the Club upon the Kyle Catron
retirement of the construction loan. Benton cone
Clint Crossno
Lisa Huckelbury
Your assistance in this matter is very much appreciated. David el Ocker
Daniel Perry
Jim Petty
Sincerely, Brittany Ransom
Gerald Skinner gi Charles Sullivan >e5Pr
Tiffany Webster
Ma rc McCune, CVO He Treasurer Cindy Faldon
Executive Director
cfaldonecox.net
GREAT FUTURES START HERE. a A United Way Agency
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LEASE AGREEMENT r
THIS LEASE AGREEMENT made and entered into this Wi �dayof kotRai ',2006;
by and between the City of Van Buren, Arkansas, by and through the Mayor and City Clerk of the
City of Van Buren, Arkansas, hereinafter referred to as "Lessor and the Van Buren Boys' /Girls'
Club, Inc., hereinafter referred to as "Lessee
WITNESSETH:
1. PREMISES. Lessor leases to Lessee and Lessee leases from Lessor the grounds and
buildings associated therewith which is commonly referred to as the "Boy's Club" property which
includes a gymnasium, offices, parking areas and baseball fields.
2. COMMENCEMENT and TERM. The term of this Lease shall commence on the date of
execution of this Agreement. The term of this Lease shall end ninety -nine (99) years after this date.
3. RENEWAL OPTION. Lessee shall have the option to renew this Lease for two
successive renewal terms of ninety -nine (99) years each. The yearly rental shall be provided in
Section 7. Each exercise by Lessee of any renewal option shall be evidenced and effected by Lessee
giving to Lessor, not less than sixty (60) days prior to the expiration of the then current term, written
notice of Lessee's election to renew this Lease for the renewal term.
4. "TERM" DEFINED. The terms "term" or "term of this Lease" shall mean the term set
forth in Paragraph 2 hereof and any renewal thereof pursuant to Paragraph 3.
5. CONSTRUCTION BY LESSEE. All construction upon the property shall be at Lessee's
sole cost and expense. Lessee agrees to diligently commence and proceed with the construction of
0 the facility and the furnishing, placing, erection and installation of the equipment, fixtures,
furnishings, design, decorations, installations and personal property therefor, and complete the same
in accordance with the design submitted to the Lessor. Lessor may inspect the work at reasonable
times during the construction period.
6. CONSTRUCTION S'T'ANDARDS. All work provided for shall be done in a good and
workmanlike manner and in compliance with all applicable laws, ordinances, regulations, orders and
requirements of governmental authority and the reasonable requirements of insurers of the facility.
In addition thereto, the Lessee shall construct same providing solely for off street parking at the
property and no above ground utilities over the property.
7. RENT. Lessee shall pay to Lessor at the office of the Mayor of the City of Van Buren,
Arkansas on or before the 1" day of May each year the sum of $1.00.
8. USE. Lessee shall use and occupy the demised premises for the purposes directly
attributable to Van Buren Boys' /Girls' Club functions which are for the well- being, discipline and
encouragement of young boys and girls.
9. MAINTENANCE. Lessee shall commit no waste and shall take good care of the demised
premises and make all repairs necessitated by Lessee's, or its patrons, misuse of the demised
premises.
10. FIXTURES. All improvements made by Lessee to the demised premises which cannot
be removed without material injury to the demised premises shall become the property of Lessor
upon installation. Not later than the last day of the terns Lessee may remove all Lessee's personal
property. The demised premises shall be surrendered to Lessor at the end of the term in as good
condition as they were at the beginning of the terns, reasonable wear, and damage by tire, the
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elements, casualty, or other cause not due to the misuse or neglect by Lessee or Lessee's agents,
servants, customers, visitors, or licensees excepted.
11. ALTERATIONS. Lessee shall have the right, at Lessee's expense, from time to time,
without Lessor's consent, to make such non structural alteration changes, installations, additions
or improvements in on, to, or about such parts thereof as it shall deem expedient or necessary for
its purposes. Lessor may make structural changes in, on, to, or about the demised premises,
reasonably necessary for such purposes provided it has first obtained the written consent thereto of
Lessor, Lessor agreeing that it shall not withhold or delay such consent unreasonably. No such
changes shall injure the safety of the property or its structures or diminish its value, and all work
shall be done in a good and workmanlike manner, and in accordance with all applicable laws.
Lessee shall be required to make any necessary changes or alterations to the property required by
Lessor should Lessor deem such changes or alterations necessary for the preservation of the general
welfare or safety of its inhabitants.
12. CONCESSIONS. Lessee shall have the right to provide or supply concessions upon the
property to be sold to Lessee's customers or visitors. Concessions shall be limited to those items
including the retail sale of food, candy, confectionary, ice cream, beverages, refreshments, all for on-
premises consumption and use, and all other items which are now and hereafter may be customarily
and generally sold and used in businesses ol'similar types from time to time.
13. ASSIGNMENT. Lessee shall not have the right to assign or sublease this Lease without
the specific written consent of the Lessor. Specific written consent of the Lessor to a first
assignment shall not serve as a waiver of specific written consent to any subsequent assignments.
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14. UTILITIES. Lessee shall be responsible for the installation deposits and payments for
all utilities used at the property. All such payments shall be paid as they become due.
15. INDEMNIFY. After the commencement date, Lessee shall indemnify and hold harmless
Lessor against and from any and all liabilities, fines suits, claims, demands and actions and costs
and reasonable expenses of any kind or nature or by anyone whomsoever, due to or arising out of
(a) any default in observing, violation or nonperformance of any term, covenant or condition of this
Lease on the part of Lessee to be observed and performed, and /or (b) any damage to person or
property occasioned by Lessee's use and occupancy of the demised premises or to any use or
occupancy which Lessee may permit or suffer to be made of the demised premises, and /or (c) any
injury to person or persons, including death resulting at any time therefrom, occurring in or about
the demised premises.
16. LIABILITY INSURANCE. During the term of this Lease, Lessee, at Lessee's sole cost
and expense and for the mutual benefit of Lessor and Lessee, shall carry and maintain
comprehensive public liability insurance, including property damage, insuring Lessor and Lessee
against liability for injury to persons or property occurring in or about the demised premises or
arising out of the ownership, maintenance, use, or occupancy thereoff, to the limit of not less than
$1,000,000.00 fbr any one accident or occurrence. Lessee shall also carry premises insurance in an
amount not less than $225,000.00 on the building in the joint names of the City of Van Buren,
Arkansas, and the Van Buren Boys' /Girls' Club, and shall provide a copy of said policy to the City
of Van Buren.
17. DEFAULT, NOTICE, TERMINATION. If Lessee defaults in the payment of rent or
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additional rent or defaults in the performance of any of the terns, covenants or conditions of this
Lease, Lessor may give to Lessee written notice of such default, and if Lessee does not cure any rent
or additional rent default within fifteen (15) days, or other default within thirty (30) days, after the
giving of such notice (or, if such other default is of such nature that it cannot be completely cured
within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to
cure such default), then Lessor may terminate this Lease on not Tess than seven (7) days written
notice to Lessee, and on the date specified in said notice the term of this Lease shall terminate, and
Lessee shall then quit and surrender the demised premises to Lessor, but Lessee shall remain liable
as hereinafter provided. if this Lease shall have been so terminated by Lessor, Lessor may at any
time thereafter resume possession of the demised premises by any lawful means and remove Lessee
and other occupants and their effects. Lessee shall be responsible for Lessor's reasonable attorney's
fees and costs in removing the Lessee from the premises if the termination is rightful.
18. CUMULATIVE REMEDIES. Lessor's remedies hereunder are in addition to any
remedy allowed by law.
19. LESSOR'S CURE OF LESSEE'S DEFAULT. If Lessee breaches any term, covenant
or condition of this Lease on Lessee's part to be performed, Lessor may, on reasonable notice to
Lessee (except that no notice is necessary in case of emergency), cure such breach at the expense of
Lessee and the reasonable amount of all expenses, including legal fees, incurred by Lessor in doing
so shall be deemed additional rent payable on demand.
20. NOTICES. Any notice, demand, request or other communication hereunder given or
0 made by either party to the other shall be in writing and shall be deemed to be duly given only if
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mailed by registered or certified mail in a postpaid envelope addressed as follows:
(a) if to Lessee, at Lessee's address which is as follows: Post Office Box 443, Van Buren,
Arkansas 72957, and
(b) if to Lessor, at Lessor's address which is as follows: Mayor's Office, City Complex,
Van Buren, Arkansas 72956, or at such other addresses as Lessee or Lessor, respectively, may
designate in writing by notice pursuant to this Section.
21. NO WAIVER. The failure of either party to insist on strict performance of any term,
covenant, or condition hereof, or to exercise any option herein contained (other than the renewal
options provided for in Paragraph 3), shall not be construed as a waiver of such .term, covenant,
condition or option in any other instance.
22. WRITTEN MODIFICATION. This Lease cannot be changed or terminated orally, but
only by an instrument in writing signed by both parties.
23. MECI- IANIC'S LIEN. Lessee shall, within thirty (30)days after notice from Lessor,
discharge any material, labor or mechanic's lien for materials or labor claimed to have been
furnished to the demised premises on Lessee's behalf.
24. ACCESS TO PREMISES. Lessor may enter the demised premises at any reasonable
time on reasonable notice to Lessee for the purpose of inspection or to show said premises to
prospective purchasers.
25. NO REPRESENTATIONS. Neither party has made any representations or promises,
except as contained in this Lease.
26. BINDING EFFECT. The provisions of this Lease shall apply to, bind and inure to the
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benefit of Lessor and Lessee and their respective successors, legal representatives and assigns.
27: Lessor agrees not to discriminate against any individual because of'race, creed, color or
other standard as provided for by the Civil Rights Acts presently enacted or to he enacted.
IN WITNESS WHEREOF this a?4 day of tf0ve11 beg 2006.
VAN BU S'(GIRLS' CLUB, Lessee
B/ 1 1 lit d ,:_ad
P SIDENT
l
ATTE
S,_'i a,
CITY OF VAN BUREN, ARKANSAS, Lessor
B. t
MAYO
ATTEST: e
CITY CLERK
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