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HomeMy WebLinkAboutRES 890338 - Agmt History & Info Center90033Y RESOLUTION NO.l / A ION APPROVING • **,... t AGREEMENT BETWEEN CITY OF GEORGETOWN, TEXAS AND * a SOCIETY (GHS) FOR THE HISTORY AND VISITOR INFORMATION CENTER SPACE ! GHS TO PROVIDE THE CITIZENS OF GEORGETOWN AND THE CITY'S VISITORS HISTORICAL AND OTHER INFORMATION IN THE FORM OF * RESOURCES AND AUTHORIZINGR TO EXECUTE SAME AND THE CITY SECRETARY O ATTEST. 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; and WHEREAS, i and GHS desire to enter into a lease agreement for s History • Visitor Information for ! provide hist! a ! visitor information the citizens of Georgetown andvisitors; purposeWHEREAS, the • authorize the Agreement;lease of City property to GHS under the terms and conditions set forth in the DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION I. The Council finds that the recitals set forth above are true and correct and are incorporated herein. SECTION II, That the City Council of of ! Agreement between the City of Georgetown and incorporated herein as if fully set forth at length. SECTION III. That the Mayor is hereby authorized to execute the Agreement and the City Secretary to attest. RESOLVED t i sr 'h' day of ___.._ , 1989. TIm Kennedy, M or ET: APP RC��ED : � Leta ll ghby Diane Cal'ander City Secret City Attorney COUNTY OF ILLI SON Lease Agreement Between the City of Georgetown and STATE OF TEXAS E the Georgetown Heritage Society WHEREAS, the City Council finds that the provng of historical information in the form of services and resources to citizens and visitors serves a valuable public purpose to the City of Geo..getown-, 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 resources the Heritage Society would provide under the agreement are valued in excess of $800 a month and the reasonable maintenance and rental value of the leased premises is approximately $300 pet month, WHEREAS, the parties desire to be bound to each other under the provisions as set forth below and for and in consideration of the recitals set forth above, NOW, THEREFORE, in consideration of the covenants set forth Rbove and terms and conditions set forth below, the parties agree as follows: WITNESSETH: The parties to this lease are the City of Georgetown, Texas, hereafter referred to as "LESSOR", acting by and through its City Council and the Georgetown Heritage Society, hereafter referred to as "LESSEE", acting by and through its duly authorized representative. A. The purpose of this Agreement and use of the leased Premises shall be limited to providing to the citizens of Georgetown and its visitors, services and materials in keeping with the attempt to enhance the stay of a visitor to -the City and History and Visitor Center Lease/Page 1 of 8 satisfy the research needs • curiosities • citizens or visitors historical inquiries. In addition, Tenant will be permitted to utilize an appropriate portion of the space as the office and I eadquarters for same, provided that history and visitor information services are provided simultaneously. Further, Tenant shall use the Premises leased herein to ensure that the use and • 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 • under the same service • activity. B. • and services to •- provided by Tenant shall include, but are not limited to the following: 1) Resources and aermicoa - 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. - Computer program of historic and contemporary photograph collections when completed. Information on City preservation studies and regulations. History and Visitor Center Lease/Page 2 of 8 2) Visitor Info ation - "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. A. The LESSOR does hereby demise and lease to the LESSEE and LESSEE does hereby take from LESSOR the following described Premises: 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, Street Address: 101 W. Seventh Street, Georgetown, Texas. Together with all appurtenances and improvements thereto and with easements of ingress and egress necessary and adequate for the conduct of LESSEE's business as herein described. B. The term oe shall be for one running from and including the first (1) day of October, 1989 up to and including the thirtieth (30) day of September, 1990. C. LESSOR and LESSEE 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. LESSEE shall have the option to make application for renewal of the lease of the demised Premises for further term of one (1) year from and after expiration of the term herein granted and under and subject to the same covenants, provisos and agreements as are herein contained. It the event LESSEE desires to exercise the option herein provided, LESSEE shall notify L98SOR of such desire in writing not less than sixty (60) days prior to the expiration of the term hereby granted. Upon History and Visitor Center Lease/Page 3 of 8 notification from LESSEE of desire to renew lease, LESSOR shall review the lease conditions and notify LESSEE in not less than thirty (30) days, of acceptance or denial of the renewal request. In lieu of LESSEE's payment of rent and utilities under this Agreement, LESSOR and LESSEE mutually covenant and agree that LESSEE will provide to the community the staffing of said facility, seven days a week for a combined total of not leas than fifty (50) hours per week. Exact hours of operation to be established by LESSEE. The parties agree that the value of staffing and providing gervices is at least $870.00 per month. A. LESSOR'S MAINTENANCE RESPONSIBILITIES. LESSOR, at LESSOR's expense, shall keep in good order, condition and repair the foundations, exterior walls, exterior roof, heating system, air -condoning, sidewalks and parking areas of Premises, LESSOR shall not, however, be obligated to paint such exterior, nor shall LESSOR be required to maintain the interior surface of exterior walls$ windows, doors or plate glass. LESSOR shall have no obligation to make repairs under this paragraph until a reasonable time after receipt of written notice from LESSEE of the need for such repairs. LESSEE expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford LESSEE the right to make repairs at LESSOR's expense, to the extent allowed by law. B. LESSEE'S MAINTENANCE RESPONSIBILITIES. LESSEE, at LESSEE's 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, ceilings, windows, doors, and plate glass located within the Premises. LESSEE shall execute no exterior alteration or modification without prior consent of LESSOR and approval of the Historic Preservation Committee. C. UTILITIES. LESSOR shall provide for electricity, garbage pick-up and reasonable and customary janitorial services consumed by LESSEE upon the leased Premises. D. DESTRUCTION. In the event the leased Premises is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, LESSEE shall give immediate notice to LESSOR. LESSOR, at LESSOR's expense, may repair the History and Visitor Center Lease/Page 4 of 8 damage and restore the leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. If LESSOR shall decide not to repair or rebuild the leased Premises, LESSOR shall give LESSEE notice of LESSOR's election not to repair or rebuild and this lease shall terminate. LESSEE's obligations hereunder shall be fulfilled through the time of such casualty. A. All terms, conditions and covenants of this Lease are deemed material and a breach of any one term, condition or covenant shall constitute a default of the Lease. A failure to History and Visitor Center Lease/Page 5 of 5 satisfactorily cure any default wn ten (10) days of receipt *f notice by LESSOR shall, at the LESSOR's option, be grounds f02 termination. B. TERMINATION. Either party may terminate this Lease upon sixty (60) days written notice providing, however, that the obligations as described herein are met by each party to date and during the sixty (60) day notice period. A. NOTICES. All notices to either party shall be in writing and be by certified mail, return receipt requested to the parties as follows: LESSOR: Mob Hart City Manager City of Georgetown t.O. Box 409 veorgetown, Texas 78627-0409 LESSEE: Linda Flory President Georgetown Heritage Society P.O. Box 467 Georgetown, Texas 78627-0467 B, WAIVER OF BREACH. The waiver by LESSOR of any breach of any provision of this Lease shall hot constitute a contituing waiver or a waiver of any subsequent breach of the same or a different provis on o t s ease. C. ASSIGNMENT. LESSEE may not assign this Lease Agreement or sub -let the Premises or any part thereof without the prior written consent of the LESSOR. D. BINDING EFFECT. Subject to the provisions of this Ltertaining to assignment of the LESSEE'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 LESSOR or LESSEE. E. RIGHTS AND REMEDIES CUMULATIVE. 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 ar4� given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. a. This Agreement shall be construed under and in accordance with the laws of the State of Texas. History and Visitor Center Lease/Page 6 of 8 b. In the event 1► a breach all suits, claims, causes instituted and maintained Texas. • this Agreement any an1I6 • action shall be in • • 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. LIMITATION OF WARRANTIES. LESSOR and LESSEE expressly Rgree 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. I. ATTORNEY'S FEES. If either party is in default under this Lease Agreement and the other party finds it necessary to place this Lease in the hands of an attorney in order to enforce its rights or remedies, the non -defaulting party may recover court costs, reasonable attorney's fees, and all other out-of-pocket expenses, including costs • • deposition, travel and witness costs. J. ENTIRE AGREEMENT. This Agreement constitutes the sole and only agreement of the parties to this Lease and supersedes any prior understandings or written or • agreements between the parties respecting the subject matter of this Lease. It is expressly agreed by LESSEE, as a material consideration for the execution of this Lease, that this Lease, with 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. K. AMENDMENT. This Lease Agreement may not be altered, waived, amended or extended except by an instrument in writing signed by LESSOR and LESSEE, or their successors in interest, as the case may be. History and Visitor Center Lease/Page 7 of 8 MDVAMMMA�� GEORGETOWN HERITAGE SOCIETY BY: Linda Flory, President ATTEST: Secretary THE CITY OF GE{ BY z Tim Kennedy, I ATTEST: I day of ) 1989t Leta W'!:-l-loughby, City �hcretary APPROVED: History and Visitor Center Lease/Page 8 of 8 AGENDA ITEN SUNNARY The • of this item is to discuss and consider action on proposed renewal of a lease agreement between the City of Georgetown and the Georgetown Heritage Society for the History and Visitor Information Center for the providing of historical and • information to the citizens and visitors of the City. To Mayor, City Council and. City Manager From: Jack Gregoire, Supervisor of Administrative Services - Date. August 2, 1989 Re: History and Visitor Information Center Agreement The Georgetown Heritage Society (GHS) has been operating the Georgetown History and Visitor Information Center since September' of 1988 In addition to serving as a_history and visitor center, the 'facility serves as the office for the 'GHS. The Cite provides the facility, free utilities, and major maintenance to the GHS in exchange for the services outlined above administered by the GHS on a full time basis, seven days a week.. The Center has averaged 1,000 visitors per month since its opening. The one year; lease agreement before the City Council now, is a renewal of the one year agreement than has expired. There are no significant changes from the expired agreement to the one proposed at this time. cc: Hartley Sappington jr .,Y FIELD NOTES FOR THE GEORGETOWN OPTIMISTS BOY SCOUT HUT BEING 0.12 of an acre of land, situated in the Nicholas Porter Survey, Abstract No. 497, in Williamson County, Texas;,said land being a portion of that certain tract of land, called 154 96/100 acres, as conveyed to the City of Georgetown, by deed as recorded in Volume 266, Page 498, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of April, 1989, under the supervision of Don H. Bizzell, Registered Public Surveyor, and being more particularly described as follows; BEGINNING at an iron pin set for the Northwest corner hereof; said point being S 85* 021 E, 1,230.26 feet from the most northerly corner of that certain tract of land, called 5.07 acres, as conveyed to the Georgetown Commission Company by deed as recorded in Volume 1037, Page 636, of the Official Records of Williamson County, Texas; THENCE, S 80- 321 E, 94.00 feet to an iron pin set on the West line of a paved road, for the Northeast corner hereof; THENCE, along the said West line of the paved road, S 9* 28, W, 55.00 feet to an iron pin set for the Southeast corner hereof; THENCE, N 80- 32' W, 94.00 feet to an iron pin set for the Southwest corner hereof; THENCE, N 9- 28' E, 55.00 feet to. the Place of BEGINNING and containing 0.12 of an acre of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § I, Don H. Bizzell, Registered Public Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, and that said property has access to and from a dedicated roadway, to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas t is the 12th day of April, 1989, A. D.