HomeMy WebLinkAboutRES 890339 - Agmt Madella Hillard CenterRESOLUTION 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