HomeMy WebLinkAboutRES 200912-S - Encroach 30208 Oak Tree DrRESOLUTION AOOqld
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WHEREAS, the City of Georgetown has received an application for a license to encroach
into the public utility easement; and
WHEREAS, in order for a license to be granted by the City Council of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of Dan Wiley to encroach into the public utility
easement, the City Council of the City of Georgetown, Texas, finds the following facts:
1. That there are no utilities which would be interfered with by the utilization of the
property in the proposed manner.
2. That there are no utilities which would interfere with the utilization of the property in
the proposed manner.
3. That the existing residence is in such a manner that it would not be feasible to
relocate it outside the public utility easement.
4. That the land use in the neighborhood appears to be stable and the use to which this
property is being put is not likely to change within the foreseeable future and is
compatible with other uses in the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific facts as
stated above now concludes and finds that:
The fact that the existing residence is in such a manner that it would not be feasible
to relocate it outside the public utility easement constitutes special circumstances
and conditions affecting the property which if not taken into consideration would
deprive the applicant of the reasonable use of his property.
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to locate the encroachment outside the public
utility easement does provide a basis for granting the license necessary for the
preservation and enjoyment of the substantial property rights of the applicant.
Lot 15, Berry Creek, Section Two, Block D License Resolution No.
Page 1 of 2
J:\ CUR_ PLAN \CiTYCNCL \LICENSE12000LIC \BC2- D- 15.RES
3. The fact that the use Of the easement area h« the pFOp8dxoVVDe[does not inte�eFe
with the uU|iMeSo[ access b3 the UUhUesand �iS not deth ' ntG|b]UlepUbUChe30l'
safety or welfare or injurious to the property in the area; and
WHEREAS, the applicant agrees to accept the terms of the license agreement as presented
to them.
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 tObe true and correct, and are incorporated by reference herein and
expressly made 8 part h8[BOf, as if copied verbatim. The City Council hereby finds that this
F9SV|Ution i[Op|8[OBntS the fo||OVViOg policies of the Century P|8O - DeV8!opDl8Dt Plan Element:
1.
Growth and Physical Development Policy 1. which states: "The City
will ensure
fUUJFe land use patterns provide economic, cultural, and social ' activities to all
residents, buSiOgGSeS and organizations;" and
2. Utilities and Energy Policy 2, which states: "The City will establish utility
pO|iCi9S
which take into consideration the needs of all citizens Of the community
and take
DeC8sS8[y precautions to pn3V8Ot h8[DlfU/ eQD(OgiC@| impact to the 8OViRJD[OeOt;"
and further finds that the adoption of this resolution is not inconsistent or in conflict with any other
Century Plan Policies, 8S required bv Section 2.O3Of the Administrative Chapter Of the Policy Plan.
SECTION 2. The Mayor is hereby
8u or ed to 8eCe' an dthe Cdv�e C erea yhJGe5t
UlSReb]OOb8h8f OfUle {�itvOf(�eO 8UCBOSe Ao[a8[Oe[t wth[)@OVVi|' per8iO/Og tOUle
enCrO8chDlentOfUlHSOUdheaStcOrO8[of [he 8X/stOg F8Sid8OcgbvD[t OlOPe Ul8''iX(0\iOches iDto
the ten (10)fOUtpublic Vti|itve3SerOentOO the south pn]pedx/i �e OfLOt 15' Bery ` 'eh. Section
TvVO.B|ock [}^/OC8t8d8t3O2O8 [)8hTF88Dhve aSShOVVOO'the GU3ched EXhibit A
SECTION 3. This resolution shall be effective immediately upon adoption.
F(ESOLVEDUliG d8yOf. 2000.
- *
ATTEST-
Sandra [).Lee
City Secretary
APPROVED AS TO FORM:
City Attorney
THE CITY OF GEORGETOWN:
Mayor
Lot 15, Berry Creek, Section Two, Block D License Resolution No, :Roo /d - 5
Page co/u -----'
30208 Oak Tree Drive
rea of Encroachment
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Ex&bl't A
RESOLUTION 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) e R- 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 as
�cfl RtwA
.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