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File #: 24-0451    Version: 1 Name: FHNC Lease Agreement
Type: Resolution Status: Passed
File created: 10/11/2024 In control: City Council Legislative Session
On agenda: 10/23/2024 Final action: 10/23/2024
Title: Resolution Authorizing the Execution of a Use Agreement Between the City of Hampton and the Fox Hill Neighborhood Center to Use the Fox Hill Neighborhood Center Located at 65 Hall Road
Indexes: , Recreation
Attachments: 1. FHNC Use Agreement 2024 (partially executed)

Title

Resolution Authorizing the Execution of a Use Agreement Between the City of Hampton and the Fox Hill Neighborhood Center to Use the Fox Hill Neighborhood Center Located at 65 Hall Road

 

Purpose

PURPOSE/BACKGROUND:

The City is the owner of the Fox Hill Neighborhood Center located at 65 Hall Road (the “Center”). Since 2020, a Use Agreement between the City and the Fox Hill Neighborhood Center, the nonstock corporation, has been in place regarding the nonstock corporation’s use and operation of the Center for the benefit of the Fox Hill community. The Department of Parks, Recreation & Leisure Services and the nonstock corporation desire to continue the relationship by executing a new Use Agreement.

 

Under the Use Agreement, the nonstock corporation manages programming at the Center pursuant to the terms of the Use Agreement. The general terms and conditions of the Use Agreement are similar to those of other neighborhood center use agreements. For example, the nonstock corporation has certain responsibilities related to programming at the Center and must maintain appropriate insurance and financial records. The term would commence on the date the Use Agreement is signed by the City Manager and would continue for an initial term of two (2) years, then there is a renewal option for the term to continue for an additional three (3) years. In addition to standard termination language in the event of a breach of the terms of the Use Agreement, either party may terminate the Use Agreement without cause by providing ninety (90) days written notice to the other party.

 

Discussion:

 

See Purpose/Background above.

 

Impact:

 

Enhancement to the quality of life in the Fox Hill Community and the City of Hampton.

 

Recommendation:

Rec

Conduct a public hearing and approve the Resolution.

 

Body

 

 

                     WHEREAS, the City of Hampton (the “City”) is the owner of the Fox Hill Neighborhood Center located at 65 Hall Road (the “Center”);

                    

                     WHEREAS, the City desires that the Center operate as a community resource for educational, cultural enrichment programs, and recreational programs, to improve the quality of life for its residents;

 

                     WHEREAS, since 2020, the City and the Fox Hill Neighborhood Center nonstock corporation (the “Corporation”) have coordinated on the use and operation of the Center pursuant to an agreement;

 

                             WHEREAS, the previous agreement between the City and the Corporation expired on September 12, 2024 and the City and the Corporation have continued to operate pursuant to the terms and conditions of that agreement;

 

                    WHEREAS, the City and the Corporation desire to enter into a new use agreement (the “Use Agreement”) to continue the relationship and enable the Corporation to use and operate the Center for the benefit of the community; 

 

                   WHEREAS, the Use Agreement would commence on the date it is signed by the City Manager and continue for an initial two (2)-year term with the option for one (1) additional three (3)-year renewal term;

 

                  WHEREAS, in accordance with Sections 15.2-1800 and 15.2-2100 of the Code of Virginia, a public hearing was held concerning the Use Agreement; and

 

                  WHEREAS, the City Council has determined that the Use Agreement is in the best interest of the City and its citizens, and that the terms and conditions of the Use Agreement are fair, reasonable, and acceptable.

 

                NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hampton, Virginia, that it approves the Use Agreement with Fox Hill Neighborhood Center for the use of the Fox Hill Neighborhood Center located at 65 Hall Road; and accordingly, the City Manager, or her authorized designee, is hereby authorized to execute and deliver to Fox Hill Neighborhood Center, the Use Agreement, and any related documents, in substantially the same form as attached hereto, upon approval by the City Attorney.