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Home My WebLink AboutRES 880135RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND] THE GEORGETOWN HERITAGE SOCIETY FOR HISTORICAL INFORMATION AND SERVICE ,4ND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, the City Council of the City of Georgetown finds that the City has many historical attributes and resources to offer the citizens and visitors to Georgetown; WHEREAS, the City Council finds that citizens and visitors to the City of Georgetown would benefit by a center that provided historical information and services; WHEREAS, the Georgetown Heritage Society desires to offer such historical information in the form of resources and services to the citizens and visitors of Georgetown; WHEREAS, the City of Georgetown desires to attain these services and resources with an agreement from the Georgetown Heritage Society in exchange for providing office space and maintenance, NOW. -THEREFORE, That the City of Georgetown adopts and approves the agreement between the City of Georgetown and the Georgetown Heritage Society, which is attached hereto and incorporated herein by reference as if fully set forth at length. SECTION II. The Mayor is hereby authorized to execute the agreement and the City Secretary to attest. PASSED AND APPROVED this C Mayor Jim Colbert ATTEST: CITY SECRETARY LETA WILLOUGH RIND001TOVAU CITY ATfiORNEY DIANE CALLANDER day of 1988. AGREEMENT GEORGETOWN HISTORY AND VISITOR INFORMATION CENTEF.L WHEREAS, the City Council finds that the providing of historical information in the form of services and resources to citizens and visitors serves a valuable public purpose to the City of Georgetown; WHEREAS, the Georgetown Heritage Society desires to make available to the City of Georgetown services and resources in the form of historical information to citizens and visitors of the City in return for office space to provide these services and information; WHEREAS, the City Council finds that the services and resourc-" the Heritage Society would provide under the agreement are valu in excess of $800 a month and the reasonable maintenance a - rental value of the leased premises is approximately $300 p month,- I WHEREAS, the parties desire to be bound to each other under thM provisions as set forth below and for and in consideration of thM recitals set forth above, I NOW THEREFORE, THE CITY OF GEORGETOWN AND -THE GEORGETOWN HERITAI SOCIETY AGREE AS FOLLOWS - 1. The City of Georgetown, Texas (Landlord) does hereFA demise and lease to the Georgetown Heritage Society (Tenant) a Tenant does hereby hire from Landlord the exclusive use of t following described Premises: I 'Southeast portion of the first floor of the City Office Building located at the northwest corner of Seventh and Main Streets, Georgetown, Williamson County, Texas. (See Exhibit I ja !!!111!1j111�j1!1!1 together with all appurtenances thereto and with easements of ingress and ogress necessary and adequate for the conduct of Tenant's business as hereinafter described. The parties agree that the reasonable rental value for these Premises, including maintenance is $300 per month. The term of this Lease shall be for one (1) year, running from and including the - day of 1 1988 up to and including the - day of 1 1989 contingent upon annual approval of the agreement by the City Council. Thereafter this lease may be renewed for successive one year terms upon terms and conditions which are mutually agreeable to the parties. 2. The purpose of this Agreement and use of the leased rthcitizens -remises shall be limited to providing to e o Georaetown and its visitors, services and materials in keeping with the attempt to enhance the stay of a visitor to the City and satisfy the research needs or curiosities of citizens or visitors historical inquiries4 In addition, Tenant will be permitted to utilize an appropriate portion of the space as the office and headquarters for same, provided that history and visitor ixformation services are provided simultaneously. Further, Tenant shall use the Premises leased herein to insure that the use and occupancy of the Premises, as well as the provision of any services will be available without regard to race, creed, color or national origin. Tenant hereby covenants, not to deny, on the basis of race, creed, color or national origin, to any person the use, or services provided by the History and Visitor Information Center, 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 service or activity. Resources and services to be provided by Tenant shall include, but are not limited to the following: Resources and Service - Files on nearly 1000 Georgetown. residential and commercial buildings. - Files on historic persons, places and events of Georgetown area. - 1984 Historic Resources Survey materials. - 1984 Multiple -Resource Nomination to the National Register of Historic Places materials. - Maps (historic and contemporary), indicating the location of selected Georgetown buildings. - Drawings, sketches, illustrations of selected Georgetown buildings. - Collection of books, miscellaneous publications and reprints dealing with preservation, restoration and local history. - Yesteryears Series (four volumes) - Historic photograph collection. - Contemporary photograph collection. - Information on federal and state marker programs. - Video tapes On ethnic groups of the Georgetown area. - Professional slide program, "Legacy in Wood and Stone". - Information on state, county, and national preservation organizations and agencies. - Information on past and current projects of the GHS. - Professional slide program on downtown architecture and history. - Computer inventory of Georgetown's historic properties when completed. 9 - Computer program of historic and contemporary photograph collections when completed. - Information on City preservation studies and regulations. VisifQr Information "Exploring Historic Georgetown" (guidebooks to downtown and neighborhoods). - Brochures and flyers on area shops, restaurants, attractions, accommodations, events, activities and organizations. Video tapes on Historic Georgetown. Guided walking tours of Downtown Historic District. Private group tours of selected historic homes & neighborhoods Sale of Georgetown memorabilia at Tenant's discretion. Personal assistance volunteer. 3. In lieu of Tenant's payment of rent and utilities under this Agreement, Landlord and Tenant mutually covenant and agree that Tenant will provide to the community the staffing of said facility, seven days a week for a combined total of not less than fifty (50) hours per week. Exact hours of operation to be established by Tenant. The parties agree that the value of staffing and providing services is at least $870.00 per month. Ism 4. Landlord, at Landlord's expense, shall keep in good order, condition and repair the foundations, exterior walls, exterior roof, heating system, air-conditioning, sidewalks and parking areas of Premises. Landlord shall not, however, be obligated to paint such exterior, nor shall Landlord be required to maintain the interior surface • exterior walls, windows, a•o • • glass. Landlord shall have no obligation to make repairs under this paragraph 4 until a reasonable time after receipt of written notice from Tenant of the need for such repairs. Tenant expressly waives the benefits • any statute • • hereafter in effect which would • afford Tenant the right to make repairs at Landlord's expensej to the extent allowed • law. 5. Tenant, at Tenants expense, shall keep in good order, condition and repair the Premises and every part thereof including, without limiting the generality of the foregoing, all lighting facilities and equipment within the Premises, fixtures, interior walls and interior surfaces of exterior Walls, n ceilings, windows, doors, and plate glass located within the Premises. Tenant shall execute no exterior alteration or modification without prior consent of Landlord and approval of the Historic Preservation Committee. UTILITIES 6. Landlord shall provide for electricity, garbage pick-up and reasonable and customary janitorial services consumed by Tenant upon the leased Premises. 7. In the' event the leased Premises is partiall damaged or destroyed or rendered partially unfit for occupancy fire or other casualty, Tenant shall give immediate noticet g Landlord. Landlord, at Landlord's expense, may repair the dama and restore the leased Premises as to substantially the sa t gz condition as immediately prior to the occurrence of the casualty y If Landlord shall decide not to repair or rebuild the lease Premises, Landlord shall give Tenant notice of Landlord' election not to repair or rebuild and this lease shall terminate] Tenant's obligations hereunder shall be fulfilled through t time of such casualty. ASSIGNMENT 8. Tenant may not assign this lease or sublet the Premises or any part thereof without the prior written consent of the Landlord. 9. Tenant shall provide its own public liability insurance for its business operations on the leased Premises for bodily injury not less than $ 500,000 per occurrence and property damage not less than $ 500,000 total aggregate. Landlord 8hall be named as additional insured on such insurance policy. 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. 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. It is hereby agreed that Tenant's personal property is not covered by Any hazard insurance that may be carried by Landlord. N 10. Tenant shall permit Landlord and Landlord's agents to enter at all reasonable times to view the state and condition *f the Premises or to make such alterations or repairs therein as may be necessary for the safety and preservation thereof, or for any other reasonable purposes. Tenant shall also permit Landlord or Landlord's agents, on or after - sixty (60) dext preceding the expiration of the term of this lease, to show the Premises to prospective tenant's at reasonable times, and to place notices on the front of, said Premises, or any part thereof, offering the Premises for lease or sale. MWli J+' M 11. Landlord and Landlord's employees and agents shal not be liable to Tenant or Tenant's employees, patrons, visitors invitees, or any other persons for any injury or death to a such persons or for any damage to the property caused by an ac omission, or neglect of Tenant or Tenant'8 agents, employees patrons or visitors or of any other person(s) on the premises which the Leased Premises is a part. Tenant agrees to indemni and hold Landlord, its officers, directors, employees, attorne and agents harmless from any and all claims for such injur death and damage, whether the injury occurs on or -off the Leas Prmises as wll as for court costs and reasonable attorneys fe l ee incurred. I FAH3910M 12. Landlord and Tenant expressly agree that there a-4-9 and shall be no implied warranties of merchantabilit habitability, fitness for a particular purpose or of any oth kind arising out of this Lease and there are no warranties whi extend beyond those expressly set forth in this lease. I 13. All notices to either party shall be in writing and be by certified mail, return receipt requested to the parties as follows: City Manager President City of Georgetown Georgetown Heritage Society P.O. Box 409 P.O. Box 467 Georgetown, Texas Georgetown, Texas 78627-0409 78627-0467 R 14. 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. 15. Time is expressly declared to be of the essence in this Lease. 16. 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 heirs, executors, representatives, successors, and assigns of Landlord or Tenant. 17. The rights and remedies of this Lease Agreement are cumulative and the use of any 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. TEXAS LAW TO APPLY/ VENUE 18. a. This Agreement shall be construed under and in accordance with the laws of the State of Texas. b. In the event of a breach of this Agreement, whether in whole or part, the parties agree that any' and all causes of action shall be instituted and maintained in Williamson County, Texas,. 19, 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 in any respect, such invalidity, illegality, or unenforceability shall not affect any other a