Loading...
HomeMy WebLinkAbout6525ORDINANCE NO. 6525. AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A LEASE OF A HEALTH CLINIC BUILDING FROM THE UNITED STATES OF AMERICA; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. BE IT::DRDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCS, ARKANSAS. SECTION 1. The Mayor and City Clerk are hereby authorised and directed to execute, on behalf of the City .of Little Book, Arkansas, the following lease contract by the City of Little Rock, Arkansas and the United States of America. LEASE OF WAR ,PUBLIC WORKS Project No. Ark. 3 -116 The United States of America (herein called the "Govern- ment ")hereby leases to City of Little Rook, Arkansas (herein called the "Lessee "), upon the terms and conditions and in consideration of the covenants and agreements of the Lessee hereinafter set forth,gthe Health Clinic Building war public works facilities identified by the above Project No. and described below (such war public works facilities being here- inafter referred to as the "Leased Property "), for the term of one year from the date hereof. The term of this Lease shall be @xtended, at the option of the Lessee, without notice, for successive periods of one year each, but in no event beyond '41"k aent%d following the termination of the eaar' axto 4 declared by the President of the United States of September $i, 1939. The Leased Property consists generally of a two -story health center,building, masonry wall construction and wood framing, including equipment in the City of Little Rook, Pulaski County, State of Arkansas more particularly described as follows: (Here insert legal description of the land included in the Leased property) "Lots Ten (10), Eleven (11) and Twelve (12) Block 135, Original City of Little hook, Pulaski County, Arkansas." together with all buildings, structures and improvements con. strueted in, over and upon said lhnd and all other buildings, structures and improvements which together with the foregoing constitute the Leased Property generally described above, and all facilities, equipment, furnishings, fixtures, appurtenances, and supplies installed in or located at the Leased Property on the date of this Lease or thereafter provided by the Government, a detailed-inventory of which is to be,prepared and signed by representatives of the Government and the Lessee. JL Possession of the Leased Property,•or of any separable unit thereof, will be delivered to the Lessee when, in the determination of the Government, the Leased Property or such separable unit can be effectively utilized and operated with reasonable efficiency. In consideration of the foregoing, the Lessee covenants and agrees that following delivery to it of possession of the Leased Property: (a) It will use the Leased Property during the term of this Lease and each renewal thereof in an efficient, econom- ical and proper manner, and for the purpose for which the Leased Property was intended and for which it was acquired by the Government and delivered to the Lessee; (b) At its own expense, it will maintain and keep the Leased Property in good repaia and operating condition, and immediately upon the termination of this Lease as herein provided will return the same to the Government in as good condition and state of repair as the Leased Property is in when completed and delivered to the Lessee, reasonable wear and tear and loss or damage caused by act of God or war excepted; (c) It will pay all costs of operation of the Leased Property and all expense and liability incurred in connection therewith, including the purchase of necessary tools and equipment; (d) If the Leased Property is to be operated on a rev- enue - producing basis, it will establish, maintain and collect fair, just and reasonable rates and charges for the commod- ities and services supplied and made available by the Leased Property; (e) It will pay to the.Government.,.not less often than Once every, three months, all revenue derived from the opera- tion of the Leased Property in excess of the reasonable cost of operation and maintenance thereof; (f) It will procure and maintain for the benefit of the Government such insurance covering the risks to which the Leased Property is exposed as is customarily carried in connection with similar facilities located in the same or a comparable area, in form and amounts reasonably sufficient to protect the Government's financial interest in the Leased ]Property, and subject to the following conditions: (1) the kinds and amounts of insurance and the insurers shall be subject to approval of the. Government, (2) the insurance shall be made payable to the Gove.rnmsnt as the insured, (S) the insurance policies shill be delivered promptly to the Government, (4) the Lessee shall notify the proper insurance companies and the Government promptly of any loss or damage to the Leased Property; (5) in the event of any losses covered by such insur- ance the Government may, at its option, apply any insurance proceeds received during the term of this Lease to the repair, restoration or replacement of the Leased Property, or any portion thereof, damaged or destroyed; ,F . )'-r, (g) It will keep, in a form approved by the Government, proper books, records and accounts (separate from all other books, records and accounts) in which complete and correct entries shall be made of all transactions relating to the Leased Property, will furnish to the Government, periodically as requested, complete operating and financial statements of the Leased Property, in reasonable detail and certified by the fiscal officer of the Lessee, and will permit the Govern- ment at any reasonable time to enter upon, inspect, and exhibit the Leased Property and, for the purpose of ascertaining that the Lessee is complying with the covenants and agreements hereunder, to examine the books, records and accounts of the Lessee pertaining to the Leased Property; and (h) It will save the Government harmless from- •ny.,;ia• bility or claim arising from the Lesseets possession, "use, maintenance and operation of the Leased Property or the ful- fillment of its responsibilities hereunder. The Lessee covenants and agrees that it will not assign or transfer its rights or interest u4der this Lease, or trans- fer possession or dispose of the Leased Property or any part thereof, or create or permit a lien or charge upon or claim against the Leased Property or any part thereof, without the consent of the Government evidenced in writing. The Government assumes no liability for any damage, injury, loss or expense caused by, resulting from, or arising in con - nection with the Leased Property, or for any defect in or representations not herein contained concerning the Leased Property. In the event that the Lessee purchases or agrees to pur- chase the Leased Property from the Government,during the i period of this Lease or at the expiration thereof, all pay - men#& made to the Government by the Lessee hereunder shall b;1 app'Iisd an; the purchase price of the Leased ProparVy« This Lease may be terminated at any time by either of the parties hereto upon thirty days' written notice to the other party. This Lease may be cancelled by the Government at any time without notice in the event that Lessee defaults in the performance of any of its obligations hereunder. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Lease or to any benefit arising therefrom. SECTION 2. The establishment of a Health Clitio Building in the City of Little Rook, and the making available of its facilities to the citizens of the City of Little Rook is hereby found to be vital to the public peace, health and safety, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval. PASSEDs Feb ary , 1943. ATTEST: „.- City- clerk. APPROVED: KyVt'o, ,. " Mayor ak,�--r/ Y-3