HomeMy WebLinkAboutRES 880135.19 - Gtown Heritage Society AgmtRESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND]
THE GEORGETOWN HERITAGE SOCIETY FOR HISTORICAL INFORMATION AND SERVICE
,4ND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.
WHEREAS, the City Council of the City of Georgetown finds that the City
has many historical attributes and resources to offer the citizens and
visitors to Georgetown;
WHEREAS, the City Council finds that citizens and visitors to the City
of Georgetown would benefit by a center that provided historical information
and services;
WHEREAS, the Georgetown Heritage Society desires to offer such
historical information in the form of resources and services to the citizens
and visitors of Georgetown;
WHEREAS, the City of Georgetown desires to attain these services and
resources with an agreement from the Georgetown Heritage Society in exchange
for providing office space and maintenance, NOW. -THEREFORE,
That the City of Georgetown adopts and approves the agreement between
the City of Georgetown and the Georgetown Heritage Society, which is
attached hereto and incorporated herein by reference as if fully set forth
at length.
SECTION II.
The Mayor is hereby authorized to execute the agreement and the City
Secretary to attest.
PASSED AND APPROVED this
C
Mayor Jim Colbert
ATTEST:
CITY SECRETARY
LETA WILLOUGH
RIND001TOVAU
CITY ATfiORNEY
DIANE CALLANDER
day of 1988.
AGREEMENT
GEORGETOWN HISTORY AND VISITOR INFORMATION CENTEF.L
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;
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 resourc-"
the Heritage Society would provide under the agreement are valu
in excess of $800 a month and the reasonable maintenance a -
rental value of the leased premises is approximately $300 p
month,- I
WHEREAS, the parties desire to be bound to each other under thM
provisions as set forth below and for and in consideration of thM
recitals set forth above, I
NOW THEREFORE, THE CITY OF GEORGETOWN AND -THE GEORGETOWN HERITAI
SOCIETY AGREE AS FOLLOWS -
1. The City of Georgetown, Texas (Landlord) does hereFA
demise and lease to the Georgetown Heritage Society (Tenant) a
Tenant does hereby hire from Landlord the exclusive use of t
following described Premises: I
'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. (See Exhibit
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together with all appurtenances thereto and with easements of
ingress and ogress necessary and adequate for the conduct of
Tenant's business as hereinafter described. The parties agree
that the reasonable rental value for these Premises, including
maintenance is $300 per month. The term of this Lease shall be
for one (1) year, running from and including the - day of
1 1988 up to and including the - day of 1
1989 contingent upon annual approval of the agreement by the City
Council. Thereafter this lease may be renewed for successive one
year terms upon terms and conditions which are mutually agreeable
to the parties.
2. The purpose of this Agreement and use of the leased
rthcitizens
-remises shall be limited to providing to e o
Georaetown and its visitors, services and materials in keeping
with the attempt to enhance the stay of a visitor to the City and
satisfy the research needs or curiosities of citizens or visitors
historical inquiries4 In addition, Tenant will be permitted to
utilize an appropriate portion of the space as the office and
headquarters for same, provided that history and visitor
ixformation services are provided simultaneously.
Further, Tenant shall use the Premises leased herein to insure
that the use and occupancy 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 others
under the same service or activity.
Resources and services to be provided by Tenant shall include,
but are not limited to the following:
Resources and Service
- 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.
9
- Computer program of historic and contemporary photograph
collections when completed.
- Information on City preservation studies and regulations.
VisifQr Information
"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.
3. In lieu of Tenant's payment of rent and utilities
under this Agreement, Landlord and Tenant mutually covenant and
agree that Tenant will provide to the community the staffing of
said facility, seven days a week for a combined total of not less
than fifty (50) hours per week. Exact hours of operation to be
established by Tenant.
The parties agree that the value of staffing and providing
services is at least $870.00 per month.
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4. Landlord, at Landlord's expense, shall keep in good
order, condition and repair the foundations, exterior walls,
exterior roof, heating system, air-conditioning, sidewalks and
parking areas of Premises. Landlord shall not, however, be
obligated to paint such exterior, nor shall Landlord be required
to maintain the interior surface • exterior walls, windows,
a•o • • glass. Landlord shall have no obligation to make
repairs under this paragraph 4 until a reasonable time after
receipt of written notice from Tenant of the need for such
repairs. Tenant expressly waives the benefits • any statute •
• hereafter in effect which would • afford Tenant the
right to make repairs at Landlord's expensej to the extent
allowed • law.
5. Tenant, at Tenants 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,
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ceilings, windows, doors, and plate glass located within the
Premises. Tenant shall execute no exterior alteration or
modification without prior consent of Landlord and approval of
the Historic Preservation Committee.
UTILITIES
6. Landlord shall provide for electricity, garbage
pick-up and reasonable and customary janitorial services consumed
by Tenant upon the leased Premises.
7. In the' event the leased Premises is partiall
damaged or destroyed or rendered partially unfit for occupancy
fire or other casualty, Tenant shall give immediate noticet
g
Landlord. Landlord, at Landlord's expense, may repair the dama
and restore the leased Premises as to substantially the sa
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condition as immediately prior to the occurrence of the casualty
y
If Landlord shall decide not to repair or rebuild the lease
Premises, Landlord shall give Tenant notice of Landlord'
election not to repair or rebuild and this lease shall terminate]
Tenant's obligations hereunder shall be fulfilled through t
time of such casualty.
ASSIGNMENT
8. Tenant may not assign this lease or sublet the
Premises or any part thereof without the prior written consent of
the Landlord.
9. Tenant shall provide its own public liability
insurance for its business operations on the leased Premises for
bodily injury not less than $ 500,000 per occurrence and property
damage not less than $ 500,000 total aggregate. Landlord 8hall be
named as additional insured on such insurance policy. 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. 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.
It is hereby agreed that Tenant's personal property is not
covered by Any hazard insurance that may be carried by Landlord.
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10. Tenant shall permit Landlord and Landlord's agents
to enter at all reasonable times to view the state and condition
*f 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) dext preceding
the expiration of the term of this lease, to show the Premises to
prospective tenant's at reasonable times, and to place notices on
the front of, said Premises, or any part thereof, offering the
Premises for lease or sale.
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11. Landlord and Landlord's employees and agents shal
not be liable to Tenant or Tenant's employees, patrons, visitors
invitees, or any other persons for any injury or death to a
such persons or for any damage to the property caused by an ac
omission, or neglect of Tenant or Tenant'8 agents, employees
patrons or visitors or of any other person(s) on the premises
which the Leased Premises is a part. Tenant agrees to indemni
and hold Landlord, its officers, directors, employees, attorne
and agents harmless from any and all claims for such injur
death and damage, whether the injury occurs on or -off the Leas
Prmises as wll as for court costs and reasonable attorneys fe
l
ee
incurred. I
FAH3910M
12. Landlord and Tenant expressly agree that there a-4-9
and shall be no implied warranties of merchantabilit
habitability, fitness for a particular purpose or of any oth
kind arising out of this Lease and there are no warranties whi
extend beyond those expressly set forth in this lease. I
13. All notices to either party shall be in writing and
be by certified mail, return receipt requested to the parties as
follows:
City Manager President
City of Georgetown Georgetown Heritage Society
P.O. Box 409 P.O. Box 467
Georgetown, Texas Georgetown, Texas
78627-0409 78627-0467
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14. 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.
15. Time is expressly declared to be of the essence in
this Lease.
16. 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.
17. 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 are given in addition to any
other rights the parties may have by law, statute, ordinance, or
otherwise.
TEXAS LAW TO APPLY/
VENUE
18. 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,
whether in whole or part, the parties agree that any' and all
causes of action shall be instituted and maintained in Williamson
County, Texas,.
19, 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
a