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HomeMy WebLinkAboutRES 200912-P - Madella Hillard Lease AgmtRESOLUTION No. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS, AND WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. WBCO), FOR THE MADELLA HILLIARD NEIGHBORHOOD CENTER BUILDING AND GROUNDS FOR WBCO TO PROVIDE THE CITIZENS OF GEORGETOWN HEALTH, NUTRITIONAL, RECREATION, AND SOCIAL SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND THE CITY SECRETARY TO ATTEST. WHEREAS, the City Council recognizes the importance and value of the programs and services provided through the Madella Hilliard Neighborhood Center; and, WHEREAS,the WBCO services accomplish a public purpose and are of benefit to the community; help meet the City's health and welfare obligations, and are services which are not adequately addressed or reasonably addressable by the private sector of other public entities; and, WHEREAS, the City of Georgetown and WBCO desire to enter into a two-year lease agreement for the Madell ' a Hilliard Neighborhood Center for WBCO to provide nutritional, health, recreation and social services to the citizens of Georgetown; and, WHEREAS,the purpose of this agreement is to authorize the lease of City property to WBCO under the terms and conditions set forth in the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council finds that this resolution implements the following policy of the Century Plan - Policy Plan Element 4.0 City owned, sponsored or managed health and human services enhance the quality of life of the citizens of Georgetown and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. MADELLA HILLIARD NEIGHBORHOOD CENTER Resolution No. Page 1 of 2 SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto, the lease agreement with Williamson-Burnet County Opportunities, Inc. on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED THIS 12TH DAY OF SEPTEMBER, 2000. ATTEST: Sandra Lee, City Secretary RUNT Marianne Landers Banks, City Attorney MADELLA HILLIARD NEIGHBORHOOD CENTER Resolution No. Page 2 of 2 CITY OF GEORGETOWN MaryEllen Kersch, Mayor COUNTY OF WILLIAMSON § LEASE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND WILLIAMSON-BURNET COUNTY STATE OF TEXAS § OPPORTUNITIES, INC. WHEREAS, the City of Georgetown, Texas (City), and Williamson- Burnet County Opportunities, Inc. (WBCO), a Texas nonprofit corporation, have since 1977 used the Madella Hilliard Neighborhood Center (Center), a City-owned property at 803 West 8th Street; and, WHEREAS,the City Council recognizes the importance and value of the programs and services provided to the community at large by Williamson-Burnet County Opportunities through the Madella Hilliard Center; and, WHEREAS, the WBCO services accomplish a public purpose; and, WHEREAS, the City desires to continue this agreement which has benefitted the community; 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 WBCO 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: ARTICLE 1. DESCRIPTION OF PREMISE/TERM OF LEASE 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, 2000 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 1 Williamson County, Texas Street Address: 803 West 8th Street; Georgetown, 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 st) day of October, 2000, up to and including the thirtieth (30th) day of September, 2002. 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 for 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. ARTICLE 11. WARRANTIESIPURPOSE AND USE 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 services and other benefits 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, benefits or services provided by the 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 program or activity. 2000 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 2 ARTICLE Ill. COMPENSATION 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 community as described in Article 11. Landlord 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. City, in exchange for funding through the HUD's NFGP requirements, recognizes and agrees to rent this facility free of charge. ARTICLE IV. MAINTENANCE A. Landlord's Maintenance Responsibilities Landlord, at Landlord's expense, shall keep in good order, condition and repair the foundations, exterior walls, exterior roof, major heating system, air conditioning, water mains, gas and sewer lines, sidewalks, parking areas, and lawn of the Premises. 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 Tenant of the need for such repairs. Tenant expressly waives the 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. B. Tenant's Maintenance Responsibilities Tenant, at Tenants 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. Utilities Landlord shall pay all charges for water, wastewater, electricity and garbage pick-up consumed by the Tenant upon the [eased Premises. D. Destruction In the event the leased Premises is partially damaged or destroyed or rendered 2000 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 3 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 casualty. ARTICLE V. INSURANCE /INDEMNITY A. During the term this agreement is in effect, at all times Tenant shall maintain general liability insurance for its business operations on the Leased Premises for bodily injury, including death, not less than $500,000.00 for each occurrence and property damage not less than $300,000.00 for each occurrence. Landlord shall be named as additional insured on such insurance policy. Tenant shall provide Landlord with certificates of insurance evidencing the general liability coverage required and described herein no later that 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 hazard 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 employees and agent 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 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 attorney's fees incurred. 2000 LEASE AGREEMENT WBCO /Madella Hilliard Neighborhood Center Page 4 ARTICLE VI. TEXAS LAW TO APPLYNEN.UE 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 any and all suits, claims, causes of action shall be instituted and maintained in Williamson County, Texas. ARTICLE V11. ATTORNEY'S FEES 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. ARTICLE Vill. ENTIRE AGREEMENT 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 extrinsic documents not incorporated in writing in this Lease. ARTICLE IX. TERMINATION A. Either party may terminate this Lease upon sixty (60) days prior written notice providing, however, tat the obligations as described herein are met by each party to date and during 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 specified in the notice. Absent emergency circumstance, the time shall not be 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. 2000 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 5 ARTICLE X. MISCELLANEOUS A. Assignment Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of the Landlord. An assignment of subletting without consent shall be grounds for immediate termination. B. Right to Enter Premises Tenant shall permit Landlord and Landlord's agents to enter at all reasonable times to view the state and condition of 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) days next preceding the expiration of the term 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 Notice, as required by this Agreement, shall be in writing to the following: LANDLORD TENANT George Russell, City Manager Robert Howard, Executive Director City of Georgetown Williamson-Burnet County Opportunities P. O. Box 409 P. O. Box 740 Georgetown, TX 78627-0409 Georgetown, TX 78627-0740 D. Waiver 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. Binding Effect 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. F. Rights and Remedies 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. 2000 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 6 G. Legal Construction 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 provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. H. Amendment This Least may not be altered, waived, amended or extended except by an instrument in writing signed by Landlord and Tenant. DATED THIS DAY OF C)CfiL'e K— , 2000. WILLIAMSONAU,RNET COUNTY,6PPORTUNITIES, INC. tive ATTEST: THE CITY OF GEORGETOWN 11 &01 e114 A) eR- 5 C q aryEllen Kersch, Mayor ATTEST APPROVED AS TO FORM: V l Sandra Lee, City Secretary Marianne Landers Banks, City Attorney 2000 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 7 STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON z0oz This instrument w acknqwledged before me on this theA314day of AEk9U6*!A_, 2440, by a person known to me, in his ca achy ascflRtwA Executive Director of Williamson-Burnet County Opportunities, Inc. SEAL Notary Public, in and for thUtate Qgexas CHRISTiE GONZALEZ JiL7 State, uf-laas W Gwn, is m Egums Oct. 21: 2002 2000 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 8