Fayette Community Center Agreement ordinance (§ 110.020)

A. The City does hereby agree to assume the financial responsibility of operation of the Community Center. In the event the City shall fail, neglect or refuse to perform its obligation and breach the conditions herein provided to the extent that the tenants of the project shall be deprived of the use, benefit and enjoyment of the services and facilities which they have agreed to furnish and operate, the City agrees that the local authority may operate the facility. If the local authority, under circumstances stated in this Section, does incur expenses in operating the facility; and maintaining such services, it may deduct the amount of such expenses from payments in lieu of taxes due, or to become due to the City under the cooperation agreement between the City and the local authority. The City further agrees to provide:

1. Competent staff and supervision to carry out a program of recreational and social activities necessary to serve the Community Center;

2. To furnish sufficient materials and supplies as may be necessary to carry out the program and to be solely responsible for the care and maintenance of all equipment and furnishings of the Community Center;

3. Utility expenses of community space unless otherwise provided for;

4. A minimum of fifty thousand dollars ($50,000.00), one hundred thousand dollars ($100,000.00) owner-landlord and tenant public liability insurance to protect the City and local authority against claims for bodily injury or death;

5. Janitor service and any other service necessary to the operation of the Community Center.

B. The local authority hereby agreed to provide:

1. Adequate physical facilities within its prescribed limitations to carry out all programs and projects to be planned and arranged for by the City as the sponsoring agency;

2. To provide repair and maintenance of such facility not to exceed normal wear and tear;

3. To provide basic furniture and equipment as may be necessary for carrying out an effective program beneficial to the local authority and to the community within prescribed limitations.

C. The City hereby agrees not to discriminate because of race, color, creed, or national origin in the operation of the Community Center and in the sponsorship and programming of activities and services to be offered therein.

1. This provision is included pursuant to the regulations of the Department of Housing and Urban Development, 24 CFR, Subtitle A, Part 1, Section 1.1 et seq. (see also Department Interim Order II, 31 F. R. 815) issued until Title VI of the said Civil Rights Act of 1964, and the requirements of the said department pursuant to said regulations; and the obligation of the City to comply therewith inures to the benefit of the United States, the said department, and the local authority, any of which shall be entitled to invoke any remedies available by law to redress any breach thereof or to compel compliance therewith by the City.

D. This Agreement shall remain in full force and effect for the duration of the cooperation agreement between the City and the local authority.