Loading...
HomeMy WebLinkAboutRES 890339RESOLUTION NO. YqO33q WHEREAS,the CityCouncil• of the programs * services• Hilliard Neighborhood WHEREAS, the nature of WBCO services are of a charitable and educational nature so as to considered and independent foundation; and WHEREAS, the City of Georgetown and WBCO desire to enter a two year - - _ the Madella Hilliard Neighborhood provideCenter for WBCO to health, recreation w the citizens of • WHEREAS,- purpose of s authorize the propertylease of City • WBCO underthe terms and conditions set forthTHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS The Council finds that the recitals set forth above are true and correct and are incorporated herein, SECTION II. That the City Council of the City of Georgetown,. es the Agreement between the City of Georgetown • incorporated herein- _ SECTION III That the Mayor is hereby authorized to execute the Agreement and the City Secretary to attest. I RESOLVED this /"2 �-k - day of Tim Kennedy, Mayor ATTEST: Leta 111oughby City Secretary 1989. APPROVED: lane Callander City Attorney COUNTY OF WILLIANSON Lease Agreement Between the City of X Georgetown and X Williamson -Burnet County STATE OF TEXAS Opportunities, Inc. RUM V WHEREAS, the City of Georgetown, Texas (City), and William8on-Burnet County Opportunities, Inc. (WBCO), a Texas nonprofit corporation, have, since 1977, used the Madella Hilliard Neighborhood Center (Center), a City owned property located at 803 W. 8th Street, and WHEREAS, the City Council recognizes the importance and value of the programs and services provided through the Center to the community at large by Williamson -Burnet County Opportunities through the Madella Hilliard Center; and WHEREAS, the City desires to continue this agreement which has benefited the community; and WHEREAS, the nature of WBCO services are of a charitable and educational nature so as to be considered an independent foundation; and WHEREAS, the City agrees to honor the original provisions of the Department of Housing and Urban Development, Neighborhood Facilities Grant Program Requirements (NFGP); and WHEREAS, the purpose of this agreement is to authorize the lease of City property to WBC{ under the terms and conditions hereinafter set forth: NOW, THEREFORE, in consideration of the covenants set forth above and terms and conditions set forth below, the parties agree as follows: WITNESSETH: A. The City of Georgetown, Texas (Landlord) does hereby demise and lease to Williamson -Burnet County Opportunities, Inc. (Tenant) and Tenant does hereby hire from Landlord the following described Premises: Legal Description- Block 14 of the Rucker and Hodges Addition to the City of Georgetown, Williamson County, Texas. together with all appurtenances thereto and with ingress and egress necessary and adequate for the conduct of Tenant's business as hereinafter described. B. The term of this lease shall be for two (2) years, running from and including the first (1) day of October, 1989 up to and including the thirtieth (30) day of September, 1991. C. Landlord and Tenant expressly agree that there are and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose or of any other kind arising out of this Lease and there are no warranties which extend beyond those expressly set forth in this Lease. D. Tenant shall have the option to make application for renewal of the lease of the demised Premises or further term of two (2) years from and after the expiration of the term herein granted and under and subject to the same covenants, provisos and agreements as are herein contained. In the event Tenant desires to exercise the option herein provided, Tenant shall notify Landlord of such desire in writing not less than sixty (60) days prior to the expiration of the term hereby granted. Upon notification from Tenant of desire to renew lease, Landlord shall review the lease conditions and notify Tenant in not less than thirty (30) days, of acceptance or denial of the renewal request. The purpose of this Agreement and use of the premises shall be limited to programs for enhancement of the health, recreation, social and similar community services for the elderly as allowed by the NFGP requirements. Further, Tenant shall use the Premises leased herein to ensure that the use and occupancy of the Premises, as well as the provision of neighborhood services and other benefits will be available without regard to race, creed, color or national origin. Tenant hereby covenants, hot to deny, on the basis of race, creed, color or national origin, to any person the use, benefits or services provided by the Neighborhood Facility, nor provide any facility, services or benefits to a person which are different or are provided in a different manner from those provided to others under the same program or activity. Landlord and Tenant mutually covenant and agree that the Tenant will have exclusive use of said property in exchange for the continuous provision of services Tenant Provides to the RMMMWJ�i �� community as described in Article II. Land1lord and Tenant agree to honor provisions in the Department of Housing and Urban Development's NFGP Requirements stipulating that the City will maintain the current use of this structure free from rental fees as therein provided. The value of the premises is $ 8,100.00 per year. However, City, in exchange for funding through HUD's N.F.P.G. requirements recognizes and agrees to rent this facility free of charge. A. LandlQrd's Mainten onsibilities. Landlord, at Landlord's expense, shall keep in good order, condition and repair the foundations, exterior walls, exterior roof, major I eating system, air-conditioning, water mains, gas and sewer lines, sidewalks and parking areas of the Premises in compliance with the Department of Housing and Urban Development's Neighborhood Facilities Grant Program Requirements stipulating that the City will maintain the facy for at least twenty (20) years from date of construction. The parties agree that date of construction was 1977. Landlord shall not, however, be obligated to paint such exterior, nor shall Landlord be required to maintain the interior surface of exterior walls, windows, doors or plate glass. [Landlord shall have no obligation to make repairs under this paragraph until a reasonable time after receipt of written notice from the Tenant of the need for such repairs.] Tenant expr- s- - benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, to the extent allowed by law. I B . Tenant'a Maintenance Res-oon ' . itioa. Tenant, at Tenant's expense, shall keep in good order, condition and repair of the Premises and every part thereof including, without limiting the generality of the foregoing, all plumbing, heating, air-conditioning, including changing of filters, ventilation, electrical and lighting facilities and equipment within the Premises, fixtures, interior walls and interior surface of exterior walls, ceilings, windows, doors, and plate glass, located within the Premises. C. Utilillaa. Landlord shall pay all charges for water, waste water, electricity and garbage pick-up consumed by the Tenant upon the leas-• _ w# damIn the event the Leased Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give immediate notice to Landlord. Landlord, at Landlord's expense, may repair the damage and restore the Leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. If Landlord shall decide not to repair or rebuild the Leased Premises, Landlord shall give Tenant notice of Landlord's election not to repair or rebuild and this Lease shall terminate. Tenant's obligations hereunder shall be fulfilled through the time of such casualty. A. During the term this agreement is in effect, at all times Tenant shall maintain public liability insurance for its business operations on the Leased Premises for bodily injury, including death, not less than $ 500,000 for each occurrence and property damage not less than $ 300,000 for each occurrence. Landlord shall be named as additional insured on such insurance policy and be provided with a waiver of subrogation in its favor. Tenant shall provide Landlord with certificates of insurance evidencing the public liability coverage required and described herein no later than fifteen (15) days after the execution date of this Lease Agreement. In the event that insurance is not in effect for more than fifteen (15) consecutive days, this lease shall immediately terminate. Tenant's personal property is not covered by any haza&!41 insurance that may be carried by Landlord. Such insurance policy shall provide that such coverage shall not be changed or terminated without thirty (30) days notice to Landlord in writing, prior to such changes or termination in coverage. B. Landlord and Landlord's officials, representatives, employees and agents shall not be liable to Tenant or Tenant's employees, patrons, visitors, invitees, or any other persons for any injury or death to any such persons or for any damage to property caused by an act, omission, or neglect of Tenant or Tenant's agents or of any other person(s) on the premises of which the Leased Premises is a part. Tenant agrees to fully indemnify and hold Landlord, its officers, directors, employees, attorneys and agents harmless from any and all claims for such injury, death and damage, whether the injury occurs on or off the Leased Premises as well as for court costs and reasonable attorneys fees incurred. A. This agreement shall be construed under and in accordance with the laws of the State of Texas and under the NFGP requirements of the Department of Housing and Urban Development. B. Ia the event of a breach of this Agreement any and all suits, claims, causes of action shall be instituted and Is ^! in Williamson County, Texas. M If a non -default party is required to take legal action to renegotiate a default by the other party, and the non -defaulting party prevails in court, that party shall be entitled to recover court costs, and reasonable attorney's fees from the defaulting party. This Agreement constitutes the entire agreement of the parties to this Lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Lease. It is expressly agreed by Tenant, as a material consideration for the execution of this Lease, that this Lease, with the specific references to written extrinsic documents, is the entire agreement of the parties, that there are, and were, no verbal representations, warranties, understandings, stipulations, agreements or promises pertaining to this Lease or the expressly mentioned written extrinsic documents not incorporated in writing in this Lease. A. Either party may terminate this Lease upon sixty (60) tays prior written notice providing, however, *bligations as described herein are met by each party to date arLA turing the sixty (60) day notice period. B. In the event of a breach(s) of this Agreement and upon written notice thereof, the defaulting party shall cure such breach within the time speed in the notice. Absent emergency circumstances, the time shall be not less than fifteen (15) days, unless otherwise specified in this Agreement. A failure to cure said breach within the time specified shall result in immediate termination. A. Aasignment. Tenant may not assign this Lease or sub -let the Premises or any part thereof without the prior written consent of the Landlord. An assignment or subletting without consent shall be grounds for immediate termination. B. Right tQ Enter Milaaa_ Tenant shall permit Landlor and Landlord's agents to enter at all reasonable times to vie' the state and condition of the Premises or to make suc alterations or repairs therein as may be necessary for the safet and preservation thereof, or for any other reasonable purposes Tenant shall also permit Landlord or Landlord's agents, on o' after sixty (60) days next preceding the expiration of the terl, of this lease, to show the Premises to prospective tenants at reasonable times, and to place notices on the front of said Premises, or any part thereof, offering the Premises for lease or sale. C. Notice, as required by this Agreement, shall be in writing to the following: Bob Hart City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Robert Howard Executive Director Williamson -Burnet County Opportunities, Inc. P.O. Box 740 Georgetown, Texas 78627 D. WaLver of Breach. The waiver by Landlord of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. E.is. • I Eff&Subject to the provisions of this Lease pertaining to assignment of the Tenant's interest, all provisions of this Lease shall extend to and bind, or inure to the benefit of, not only the parties to this Lease but to each and every one of the representatives, successors, and assigns of Landlord or Tenant. F. Rights and Remedieg Cumulative. The rights and remedies of this Lease Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance,, or otherwise. G. eaal ConstruQtjQn. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, by a final court of competent jurisdiction such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall remain in effect, to the extent possible to further the purposes of the agreement. H. Amendment. This Lease may not be altered, waived, amended or extended except by an instrument in writing signed by Landlord and Tenant. I. ubject to ADDroval. This Lease shall be conditioned upon the prior approval of the Secretary of the Department of Housing and Urban Development, or his deputy, as may be required by the NFGP Requirements. EXECUTED this -day of 1 1989. BY: Robert Howard, Executive Director Secretary NNMTJNZN�� 9 9 K 0 R A N D U H To: Mayor, City Council and City Manager From: Jack Gregoire, Supervisor of Administrative Services 41 Date: August 29, 1989 Re- Renewal of Madella Hilliard Neighborhood Center Agreement Renewal of Mary Bailey Child Development Center Agreement Williamson -Burnet County Opportunities, Inc. (WBCO) has been operating the Madella Hilliard Neighborhood Center since 1977 when the structure was built. WBCO provides programs for enhancement of the health, recreation, social and similar community services for the elderly of the community. WBCO has been operating the Mary Bailey Child Development Center since 19T2. WBOO utilizes this facility to provide child care and development services under the "Head Start Program" for qualifying citizens of Georgetown. The City provides the facilities, free utilities, and major maintenance to WBCO in exchange for the services outlined above. WBCO uses the dollar value of the facility and utilities as matching funds in order to acquire federal appropriations for j�rogramming activities. The two year lease agreements before the City Council now are renewals of the two year agreements between the City and WBCO soon to expire. There are no significant changes from the expiring agreements to those proposed at this time. The agreements are in two year terms in order to accommodate federal arant funding cycles. NO= The purpose of this item is to discuss and consider action on proposed renewal of a lease agreement between the City of Georgetown and Williamson -Burnet County Opportunities, Inc. for use of the Madella Hilliard Neighborhood Center Building. To: Mayor, City Council and City Manager From: Jack Gregoire, Supervisor of Administrative Services— Date: August 29, 1989 Re: Renewal of Madella Hilliard Neighborhood Center Agreement Renewal of Mary Bailey Child Development Center Agreement Williamson -Burnet County Opportunitilesi Inc. (WBCO) has been operating the Madella Hilliard Neighborhood Center since 1977 when the structure was builti WBCO provides programs for enhancement of the health, recreation, social and similar community services for the elderly of the community. WtCO has been operating the Mary Bailey Child Development Centel since 1912. WtCO utilizes this facility to provide child care an* development services under the "Head Start Program" f qualifying citizens of Georgetown. The City provides the facilitiesi free Utilities, and major maintenance to WBCO in exchange for the services outlined above. WBCO uses the dollar value of the facility and utilities as matching funds in order to acquire federal appropriations for programming activities. The two year lease agreements before the City Council now are renewals of the two year agreements between the City and WBCO soon to expire. There are no significant changes from the expiring agreements to those proposed at this time. The agreements are in two year terms in order to accommodate federal grant funding cycles. cc* Hartley Sappington