CHAPTER 220

FORMERLY

HOUSE BILL NO. 665

AN ACT TO AUTHORIZE AND APPROVE THE LEASING OF THE WILMINGTON ARMORY TO ST. ANTHONY'S SENIOR AND COMMUNITY CENTER, INC., A NON-PROFIT CORPORATION.

WHEREAS, the Wilmington, Armory, located at Tenth and duPont Streets in the City of Wilmington, owned by the State of Delaware has been vacated by the Delaware National Guard and is no longer used as a state arsenal and armory;

WHEREAS, it has been determined by the State that there is a serious need for a senior citizens and community center and housing for the elderly in the community in which the Wilmington Armory is located to serve the citizens of Wilmington and neighboring New Castle County;

WHEREAS, St. Anthony's Senior and Community Center, Inc., a non-profit corporation has offered to establish and operate a senior citizens and community center at the Wilmington Armory location;

WHEREAS, St. Anthony's Housing for The Elderly Corporation, non-profit corporation has offered to establish and operate a housing for the elderly project at the Wilmington Armory location;

WHEREAS, the State of Delaware through the Department of Administrative Services has agreed to lease the Wilmington Armory to St. Anthony's Senior and Community Center, Inc. for a period of ninety-nine years, for a nominal consideration, upon condition that the armory be used as a senior citizens and community center and housing for the elderly project and upon further conditions as hereinafter set forth.

WHEREAS, it is the purpose of this Act to approve the leasing of the Wilmington Armory to St. Anthony's Senior and Community Center, Inc. upon the conditions hereinafter described and to authorize the Department of Administrative Services to enter into a lease agreement with said corporation.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The leasing of the state real property, located at Tenth and duPont Streets in the City of Wilmington, known as the Wilmington Armory, including the buildings thereon erected, to St. Anthony's Senior and Community Center, Inc. for the consideration of one dollar ($1.00) subject to the conditions hereinafter recited is hereby approved.

Section 2. The above described real property is to be leased to St. Anthony's Senior and Community Center, Inc., a non-profit corporation (hereinafter referred to as "Tenant") upon the following conditions:

(1) The term of the lease shall be for a period of ninety-nine (99) years; and

(2) Tenant shall use the leased premises solely as a senior citizen and community center and housing for the elderly project, and when it is no longer used for such purpose or purposes, the ...ease shall terminate, become null and void and possession of said leased premises shall be delivered and turned over to the State of Delaware; and

(3) Tenant, during the entire period that the lease is in force and effect shall be responsible for all maintenance expenses, repair expenses, insurance expenses and any and all other expenses related to the operation of the leased premises and the State shall not have any responsibility in connection therewith; and

(4) Tenant, during the entire period that the lease is in force and effect may sublease a portion of the leased premises to any non-profit organization or non-profit corporation which provides non-profit below cost basis rental housing and related facilities and services for the elderly; Provided that Tenant shall not receive compensation for the subleasing of a portion of said property, and provided further that Tenant shall not sublease any portion of said property without first obtaining the written approval of the Department of Administrative Services; and

(1) Tenant, during the entire period that the lease is in force and effect shall have the right to make alterations and/or modifications and/or improvements to the leased premises at its own expense provided that no such alterations and/or modifications and/or improvements shall be made unless the same shall be approved in writing by the Department of Administrative Services; and

(1) The lease shall contain such other provisions or conditions as the Department of Administrative Services shall deem necessary to protect the interest of the State in the leased premises and to protect the State from liability or damages arising out of the use of the leased premises by Tenant.

Section 3. The Department of Administrative Services is hereby authorized and empowered to execute a written lease agreement with St. Anthony's Senior and Community Center, Inc., wherein and whereby the above described real property shall be leased to said corporation for the term and upon the conditions hereinabove recited.

Approved February 10, 1978.