HomeMy WebLinkAboutRES 890341 - Lease Agmt Boy Scout Hut'a'
RESOLUTION NO. (9<? 3111
WHEREAS, the City Council recognizes the importance and value
of the community service activities performed by the youth and
sponsors of Boy Scout programs; and
WHEREAS, the City Council also recognizes the importance of
an adequate meeting facility for the staging of Boy Scout events
and programs; and
WHEREAS, the purpose of this agreement is to authorize the
lease of City property to the Georgetown Optimist Club 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:
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 approves the
Agreement between the City of Georgetown and Optimist attached
hereto 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 thi)s day of 1989.
IV
&J�
im Kennedy, M11 r
ATTEST: APPROVP:
Leta loughby Diane --'Callender
'
City Secretary City Attorney
COUNTY OF WILLIAMSON )( Lease Agreement
? ( Between the City of
( Georgetown and
STATE GE TEXAS } ( the Georgetown Optimist Club
WHEREAS, * of Georgetown
recognizes the importance and value of the community service
activities performed by the youth and sponsors of Boy Scout
Programs,-
i r
WHEREAS, the City Council also recognizes the importance of
an adequate "- :r facilityfor •' .r. „! of ice... Scoutevents
r programs,i and
WHEREAS, ` desiresto continueto lease
_ Boy
Scout Hut and premises to the Georgetown Optimist Club for use by
- Boy Scouts.. been - case forthe past twenty years;
R70.d.
WHEREAS,purposeof ! authorize
lease of property t• the Georgetownr i under
certain_ e conditions; and
WHEREAS,- Georgetown Optimist Club desires • lease
underPremises ` and conditions,
NOW, THEREFORE, in consideration of the covenants set
forth above and terms and conditions set forth below, the parties
agree as follows:
WITNESSETH:
The parties to this lease are the City of Georgetown,
hereafter referri to !' by i through
its City Council and Georgetown -r
to as "LESSEE", acting by and through its duly authorized
R
The purpose of this Agreement and use of these Premises
shall be limited to meetings and as a storage facility for the
property and programs of the LESSEE and Boy Scouts of Georgetown.
Further, LESSEE shall use the Premises leased herein to ensurQ
Boy Scout Hut Lease/Page 1 of 8
that the use and occupancy of the Premises, as well as the
@wrovision of programs and other benefits will be available to al -,t
Rersons without regard to race, creed, color or national origin --
LESSEE 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 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.
A. The LESSOR does hereby demise and lease to the LESSEE
and LESSEE does hereby take from LESSOR the following described
Premises:
• BEING 0.12 of an acre of land, situated in t e
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 02' 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 32- 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.
Boy Scout Hut Lease/Page 2 of 4
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 hereinafter described.
LESSOR and LESSEE mutually covenant and agree that the
LESSEE will have exclusive use of said property in exchange for
timely payment of rent and LESSEE abiding to all terms and
conons of this Lease.
B. The parties agree that the term of this Lease is one (1)
year, beginning on October 1, 1989, and terminating upon
September 30, 1990.
C. RENEWAL OF LEASE. LESSEE shall have the option to make
application for renewal of the Lease of the demised remises for
the further term of one (1) year from and after expiration of the
term herein granted under and subject to the same covenants,
provisos and agreements as are herein contained. In the event
LESSEE desires to exercise the option herein provided, LESSEE
shall notify LESSOR, in writing, not less than sixty (60) days
prior to the expiration of the term hereby granted. Upon
notification from LESSEE of its desire to renew the 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.
D. REMOVAL OF IMPROVEMENTS. At the termination of this
Lease or any renewal thereof, and LESSEE not being in default of
any obligations under this agreement, LESSEE shall have the right
to remove any and all improvements upon s LESSEE
agrees that any removal that causes damage to the remaining
improvements or Promises, such damage shall be promptly repaired
by LESSEE, at its own expense.
The parties agree that the reasonable rental value for
these Premises is $ 15.08 per month. This rental value has been
determined by relying on appraisals for property of like and
similar characteristics in and around the Georgetown area.
Rental fees are due and payable on the first day of each
month during the term of this Lease. The first payment is due on
October 1, 1989, and all successive payments are due on the first
day of each month thereafter for the remainder of the Lease. A
failure to pay rentals when due shall constitute a default of the
Lease.
Payments shall be made to the City of Georgetown, as payee,
and to the address shown in Article VIII. A. Notices.
A. INSURANCE. As a condon, LESSEE shall maintain, at its
own cost, public liability insurance for its operations on the
Leased Premises. The type and limits are as follows-
Moy Scout Hut Lease/Page 4 of 11
For bodily injury and death
minimum amounts of liability of
for each person; $1,000,000
property damage coverage of not
each occurrence.
n -
,o any one person with
not less than $500,00
per occurrence; an
.less than $300,000 fol
LESSOR shall be named as additional insured on such
insurance policy. LESSEE shall provide LESSOR with
certificate(s) of insurance evidencing the public liability
coverage required and described 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 LESSOR in writingo prior to such changes or
termination in coverage. Any insurance policy procured herein
shall contain an express waiver of any right of subrogation
against LESSOR.
LESSEE's personal property is not covered by any hazard
insurance that may be carried by LESSOR.
B. INDEMNITY. LESSOR and LESSOR's officials, employees and
agents shall not be liable to LESSEE or LESSEE'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 LESSEE or LESSEE's agents or
of any other third person(8) on the premises of which the Leased
Premises is a part. LESSEE agrees to indemnify and hold LESSOR,
its officers, directors, employees, attorneys and agents harmless
from any and all claims for such injury, death and damage, for
injuries incurred to third parties, on the Leased Premises as
well as court costs and reasonable attorney's fees incurred.
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
satisfactorily cure any default Within ten (10) days of receipt
of notice by LESSOR shall, at the LESSOR's option, be grounds for
termination.
B. TERMINATION. Either party may terminate this Lease upon
sixty (6 0) days written notice providing, however, that th-
!a a
obligations as described herein are met by each party to date and
during the sixty (60) day notice period.
Boy Scout Hut Lease/Page 5 of [1*
A. NOTICES. Notice, as required by this Agreement,
shall be in writing to the following:
LESSOR: LESSEE:
Bob Hart Jack Frost
City Manager President
City of Georgetown Georgetown Optimist Club
P.O. Box 409 108 Northcross
Georgetown, TX 78627 Georgetown, TX 78628
B. WAIVER OF BREACH. The waiver by LESSOR of any breach
of any provision of this Lease shall not constitute a continuing
waiver of any subsequent breach of the same or a different
provision of this Lease.
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 Lease
pertaining 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 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.
F. TEXAS LAW TO APPLY/VENUE.
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.
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 resw-
. !
e
Boy Scout Hut Lease/Page 6 of M
H. LIMITATION OF WARRANTIES. 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.
I. ATTORNEY'S FEES. If either party is in default under
this Lease Agreement and the other party finds it necessary to
iylace this Lease in the hands of an attorney in order to enforof--
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 of litigation,
deposon, 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 oral 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 the specific
references to written extrinsic documents, is the entire
agreement of the partthat 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 e.
Boy Scout Hut Lease/Page 7 of W
EXECUTED this - day of 1 1989.
THE CITY OF RGETOWN
Tim Kennedy, M/yor
-
Rliane Callander, City Attorne7a
Moy Scout Hut Lease/Page 8 of 8
This policy consists of two parts — PART ONE — ORIGINAL and PART TWO, Texas Sta'nr,'I'ard Policy. To be valid both parts must be
combined and the policy countersigned b�'authorized representative. of the Comport, I
THIS POLICY IS ISS71JED BY THE
COMPANY INDICATED BY 0 BELOW.
American Generad 03U (222) A
HnERICA,N GENERAL FIRE AND CASUALTY COMPANY
77001 A S—b C-
MAT ORAL STANDARD INSURANCE COMPANY
COMPANIES 04 El (315) —1— T ... s77001 A S-O- v
M F 08838893 F] (55) MARYLAND CASUALTY COMPANY
HOUSTON. TEXAS 02 nll PA1111— 11.1 A 11.11 C. y
Renewing No. MF58456061
Georgetown Optimist Club E3 . Zan S RWAn A, R-rnA'17 'Trisura . nce
1102 Ranch Road and legal
6 Yd T3
Georgetown, Tx 78626 representatives,
Code
AT 12:01 A.M.STANDARD TIME AT
From April 1 , 1988 To April 1 1989 THE LOCATION OF PROPERTY
Policy Period: E
PERILS INCLUDED — Only those Perils (listed below) WHICH HAVE A PREMIUM CHARGE INSERTED OPPOSITE THERETO (Column 6)
I
COVERAGE
- 2
DCOINSURANCE
f
3
4
TOTAL
5
TERM
6
PREMIUM
APPLICABLE
INSURANCE
RATE
F
FIRE and Lightning80% $ 53,500
.3 00
Normal $ 179-00
F. r 10/6 18.00
Actual 161.00
E
EXTENDED COVERAGE —Windstorm, Hurricane, Hail, Explosion, Riot,
Civil Commotion, Smoke, Aircraft, and Land Vehicles.
.200
107.00
X
EXPL 0S1101\1
Special Extended Coverage
.040 1
25.00
R
RENTS or Rental Value (Not to exceed $ a Month.)
$
ITEM AMOUNT OF
No. INSURANCE
2.
tl
DESCRIPTION OF PROPERTY RATE ANALYSIS
See definitions of Building, Household Goods, Stock, Furniture, Fixtures, and, or Machinery, and Contents UNPUBLISHED
Basis
Roof
)n the one. CD Approved building
NO. S T 0 R I ES CONSTRUCTION TYPE OF ROOF
Key Rate
Location San Gabriel Park Georgetown Williamson Texas Total
STREET - ADDITION - TOWN COUNTY
Exper. %
Lot Blk._Map _FilESAN10-1O0:2ccupanc ov Scout Hut Result
Coins %
Annual_
In the one story metal shed next to Boy Scout Hut in San Term
riel Park, Georgetown; Williamson County Texas
31,60,135,134,131,222,133,221,199
Form(s) Attached
Unless otherwise provided, insurance on personal property shall cover only while in the described b
If the Coinsurance Clause is not applied, no other fire insurance is permitted unless the total amount, incIL
Item is inserted in the blanks which follow: Item Na. 1 $ ;2$ ;3$ 4 $
Loss on building items shall be payable to INSURED ONLY
KRA
Result
Exper. %
Result
Coins %
Annual
Term -
-tis policy, on each
;5$
Address as Mortgagee or Trustee, as their interest
may appear at time of loss, subject to Mortgage Clause (without contribution) printed elsewhere in this policy.
4111gt2t�ZF_)A Of tfzil SIDolicy Sfi,1L &EL. (VaLid Ex,quL rNlafi (1"Vt1ftF_n L7on_-.4nL of Lhii on any.
L
IN0
ip— !I
Ag—Ort
P C 9978 AUS. 9/92
The purpose of this item is to discuss and consider action on
proposed renewal of a lease agreement between the City of
Georgetown and the Georgetown Optimist Club for the Boy Scout
Hut Buildings for the providing of a meeting and activity
location for the Boy Scouts of Georgetown and Georgetown Optimist
Club.
To: Mayor, City Council and City Manager
From: Jack Gregoire, Supervisor of Administrative Services
Re- Boy Scout Hut Lease Agreement
The Georgetown Optimist Club has maintained and operated the Boy
Scout Hut since its construction and placement on City park land
in January 1968. The lease that the City entered into with the
Optimist Club in 1968 was for a twenty year term at one dollar
per year.
The original lease has expired and staff has negotiated the
attached lease agreement with the Optimist Club. The proposed
lease is for the 5,170 square feet of park land that the Optimist
Club's two buildings occupy in addition to some yard area, (Refer
• the attachment at the end • the agreement.)
The Optimist Club has sole responsibility for maintenance of thel
facilities and grounds in the lease and also pays for al
utilities consumed on the promises, The tort of the lease is for
one (1) year and the City is compensated at .035 per square]
loot. This comes to an annual lease value of $180.96j or $15.08
per month. The $ i035 per square loot value figure comes from two
appraisal repotts performed for the City reference to other
facilities located on City owned park land. The first of which Is
the rodeo arena and secondly, another City owned parcel onc
contemplated for use by the Caring Place.
The one year lease agreement before the City Council now, is
significantly different from the original, expired agreement. The
agreement as proposed is more in keeping with State statute
requiring fair market compensation for use of City owned
property.
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