CHAPTER 391

FORMERLY

HOUSE BILL NO. 635

AN ACT TO AMEND VOLUME 61, PART 1, CHAPTER 220, LAWS OF DELAWARE, RELATING TO THE LEASING OF THE WILMINGTON ARMORY TO ST. ANTHONY'S SENIOR AND COMMUNITY CENTER, INC., A NON-PROFIT CORPORATION.

WHEREAS, the General Assembly upon the recommendation of the Department of Administrative Services by an Act effective February 10, 1978, approved the leasing of the Wilmington Armory to St. Anthony's Senior and Community Center Inc., a non-profit corporation for a period of ninety-nine years, for a nominal consideration, upon condition that the Armory be used as a senior citizen and community center and housing for the elderly project and upon the following conditions as set forth in Section 2, Chapter 220, Volume 61, Part I, Laws of Delaware:

"(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 lease 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

(5) 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

(6) 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 by Tenant."

WHEREAS, the State of Delaware through the Department of Administrative Services executed a written lease agreement on the 16th day of June, 1978 with St. Anthony's Senior and Community Center Inc. for the term and upon the conditions hereinabove recited;

WHEREAS, St. Anthony's Senior and Community Center Inc. pursuant to the provisions of Paragraph (4) of Section 2, Chapter 220, Volume 61, Part I, Laws of Delaware entered Into a sublease with St. Anthony's Housing for the Elderly Corporation, a non-profit corporation, In accordance with the conditions of said Paragraph (4) as hereinabove recited;

WHEREAS. St. Anthony's Housing for the Elderly has constructed and operates a housing for the elderly project known as the Antonlan on a portion of the premises sublet, a project consisting of 136 units. opened In 1980, with development costs of approximately $5.000.000 financed with a mortgage loan from the Delaware State Housing Authority, and with tenant assistance through Housing Assistance Payments under Section 8 of the U.S. Housing Act of 1937.as amended'

WHEREAS. St. Anthony's Senior and Community Center Inc. has been engaged in the renovation and reconstruction of the remaining portion of the Old Wilmington Armory for use as a senior citizen's center and community center since 1980 utilizing volunteer labor and donations of equipment valued In excess of $200,000 and Community Development Block Grants totaling $262,000 to create a new second floor, to complete the installation of steel and concrete floors, a new roof, site work, and installation of water and gas services, and the replacement of 81 out-dated and inefficient steel window frames;

WHEREAS, the completion of the reconstruction, estimated to cost approximately $1.5 Million, will provide an opportunity for the relocation to the Armory site by St. Anthony's Community Center Inc., a non-profit

corporation, of its Senior Center. the expansion of its services to the elderly, and other community uses;

WHEREAS, the payment of operational expenses of the completed facility will require its utilization for a broad range of community services including its utilization by St. Anthony's Community Center Inc., which in addition to the Senior Center, currently operates a day care center, an after-school program, a nutrition program, and a weatherization and retrofit program; its utilization by St. Anthony's Housing Management Corporation, a non-profit corporation which manages the Antonian and a Section 8 scattered site housing program of 35 units; and will also require the utilization of the facility by other organizations and entities rendering human services designed to meet the physical, economic, social, medical or psychological needs of the elderly, families, children, and youth of the community:

WHEREAS. It is deemed advisable to clarify the potential uses of the Armory as a community center and to allow for its utilization by organizations or entities rendering human services to the community through subleases approved by the Department of Administrative Services.

NOW, THEREFORE:

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

Section I. Amend paragraphs (5) and (6) of Section 2, Chapter 220, Volume 61. Part I, Laws of Delaware, by renumbering said paragraphs (6) and (7).

Section 2. Amend Section 2, Chapter 220, Volume 61, Part 1, Laws of Delaware, by adding a new paragraph (5) to read as follows:

"(5) 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 corporation or non-profit organization which provides human services designed to meet the physical, economic,

social, medical or psychological needs of the elderly, families. children and youth of the community through programs, Including, but not limited to the operation and administration of senior centers, nutrition programs, weatherization and retrofit

programs. day care centers, after-school programs, and other human services; any such non-profit corporation or non-profit organization may further sublet all or any portion of the leased premises to any organization or entity rendering such services; Provided that Tenant shall not sublease nor shall any sub-tenant sublease any portion of said property without first obtaining the written approval of the Department of Administrative Services."

Approved July 14, 1988.