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HomeMy WebLinkAboutRES 880185 - Lease Agmt San Gabriel ParkRESOLUTION i * r Y t. mid 41=15M WINNIM WHEREAS, the City of Georgetown, Texas has property available to be leased in San Gabriel Park; and WHEREAS, _ Williamson County Sheriff's benefitcorporation, desires to lease such property for the purpose of conducting rodeos as well as for purposes of promoting agricultural and ranching activities for the of public; and WHEREAS, the City finds that the leasing of such property will provide a benefit to the public and be of charitable and education purposes for the community at large, and WHEREAS, the City recognizes the Sheriff Possee as an independent function for the purposes of this lease; and WHEREAS, the Sheriff's Possee, Inc. agrees to make its premises available to the public to use for certain activities; and WHEREAS, the City desires to lease 9.744 acres of property to Sheriff's Posse and Sheriff's Posse agrees to lease such property under the terms and conditions set forth in the lease agreement, NOW THEREFORE, BE 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 a correct and are incorporated herein for all purposes. Section M' • • • ' _ agreement between the City of -# e • the Williamson CountyPosse, b the Sheriff's Posse to lease 9.744 acres of land in San Gabriel Park which agreement is attached hereto and incorporated herein, as if fully set forth at length. Section III. That the Mayor is hereby authorized to sign the agreement and the City Secretary to attest. PASSED and APPROVED this day of 6_cu� 1 1988. 030 im ike-nnedy, Mayor 01220113 IIRWTV M-14 Wiane Callander, City Attorney WHEREAS, the City of Georgetown, a municipal corporation, available to be leased in San Gabriel Park; and WHEREAS, the Williamson County Sheriff's Posse corporation, (Lessee) desires to lease such pro,, ty re'l conducting rodeos as well as for purposes of p ti gY`,g:) I activities for all age groups; and WHEREAS, the Lessor recognizes that the leasing # availability of the public to use through the ma type and nature of a charitable and educat' nal purposes so as to be recognized as an inder `nden value to the community at large; and WHEREAS, the Lessor finds t At the reasonab e r $.0327fi per aguare foot pper--iea ; and - - 'I I WHEREAS, Lessee agrees to 4a• I Y Le rentals.4 to sponsor youth a�tTvLZI: t8's free public use of the rode arena sch• eduled for use. WHEREAS, Lessor finds that value anticipated gate receipts, rental agreement exceeds the rental valu?j* WHEREAS, the Lessor agrees to lease 9 Lessee agrees to rent such property un below; NOW THEREFORE, 'hon -profit L#urpose of ltural and ranching In p-r'operty is for the kt ?f Lessee; is of the is for benevolent 1i ation and, further, is a e received from the to to be povided under this C /4d DroDertv to Lessee aiid In consideration of the recitals sel a*,- .1 Ofthe terms and conditions in 'follows: the Agreement set forth below, the 1. The LESSOR hereby leases t/o the LESSEE the Rodeo Arena in San Gabriel Park which is included in 9.74,4 acres of land owned by LESSOR shown by metes and bounds description attached hereto as Exhibit "A" and incorporated herein for all purposes. The leased premises are furthermore described by a plat of the leased premises attached hereto as Exhibit "B" and incorporated herein for all purposes, The term of this Lease shall begin on December 1, 1987 for thirty (30) years unless sooner terminated or extended as hereinafter Provided. At the expiration of the primary term of this Lease, and LESSEE not being in default in any Payments required to be paid and obligations required to be conducted by the terms of this Lease. LESSEE, not being in default under any of the terms or conditions of this lease, shall have the option to renew the Lease for one ten (16) year period, upon terms mutually agreeable to the parties. LESSEE shall give to the LESSOR notice of its intention to exercise said option in writing on or before ninety (90) days prior to the end of the initial lease term. LESSEE, not being in default under this lease, agrees at the expiration of the option term or renewal term, if no option term is requested and agreed to by the parties, all improvements upon the leased premises, excluding the rodeo arena, shall become the property of LESSOR, unless LESSOR requests the removal by LESSEE. 4. LESSEE, not being in default, shall have the option of either removing the rodeo area or donating the same to the City at the end of primary or renewal term. 5. If LESSEE, is in default of the term(s) of this lease which results in termination, then all improvement8l including the rodeo arena, shall beco the property of LESSOR, unless LESSOR requests the removal of same. I 1. The purpose of this Lease is to enable the LESSEE to conduct the annual rodeo and its related events of the Williamson County Sheriff's Posse and t* enable the LESSEE to promote interest in and demonstrate agricultural and ranching activities for all age groups. 2. The LESSEE agrees to conduct all activities and events on these Leased premises in accordance with all applicable laws, codes, and ordinances. API—MOMMOMMI The reasonable rental value of the premises is --Q= cents per square foot per year or $13,920..Qo per year. 2. The LESSEE agrees to compensate the LESSOR annually the amount of one dollal plus five (5) per cent of all income received from ticket sales to events 0, rentals of any part or all facilities currently existing or which may be constructed during the period of the lease. Based on similar operations conducted by organizations providing the same or similar services as Lessee the anticipated five percent (5%) revenue of ticket sales and rental fees t", be paid to the City by Lessee, or sub -lessees, is reasonably believed to b $1-Q.00Q.QO annually. I Pe-1ww6 T.�nC \IDAOYW 1 M? 7 Excepted from the five (5) per cent charge to be paid to the City shall bl; rentals to non-profit groups at no cost. Ix. Compensation shall be made at least annually to the City and shall be received by the City prior to the last day of the Citys fiscal year as set by the Charter. i. The Lessee also agrees to provide, annually, public services to Georgetown area citizens which will include but not be limited to - ESTIMATED ANNUAL VALUE A. Youth Play Days - (competitive riding events) - $1,800.00 B. Youth Rodeo - $ 300.00 C. Use of facilities by Four-H groups - $ 600.00 D. Free public use of rodeo arena for riding when not scheduled for use - $2,000.00 E. Expanded parking facilities for use by public for events in San Gabriel Park - UNKNOWN F. Free use of rodeo grounds by Georgetown Animal Control and Williamson County Humane Society for storage of large animals - UNKNOWN G. Annual sponsorship of other youth activities - $ 600.00 TOTAL ESTIMATED ANNUAL VALUE OF THESE IN-KIND SERVICES: $5,300.00 4. The LESSEE agrees that the LESSOR may review and audit, at the LESSOR'S request the financial records of the LESSEE to assure that all comvensation due LESSOR is paid. 5. The LESSOR agrees that all compensation paid by LESSEE will be placed in a special revenue account of the City and used only for the purpose of improving City of Georgetown parks or facilities and equipment within the City Parks. 1. The LESSEE will be responsible for paying all utilities. Rates to be ®d will be computed at the residential rate, 9'h#av-iff Pr%c,mc q nV 7 Aithin one hundred eighty (180) days of the execution of this lease, the LESSEE shall present to the LESSOR, for review and approval, a master pl I and schedule of completion for improvements to be made. The master plan, then approved by LESSOR, shall become a part of this lease as Exhibit and attached hereto. 2. All improvements and alterations made by LESSEE on the premises are subject to reasonable approval by LESSOR in writing, prior to construction to determine that such construction is in accordance with the various building ordinances, electrical codes, other applicable laws and codes and the uses and purposes contemplated by this Lease Agreement, and that the same will not constitute a fire or safety hazard or interference in the use of the remainder of San Gabriel Park by the general public, PROVIDED, HOWEVER, that such consent shall not be unreasonably withheld by LESSOR. 3. LESSOR understands that LESSEE must obtain financing for the construction of improvements upon the leased premises. C. It is understood and agreed that LESSEE shall maintain the premises and shall keep up, maintain and repair any and all improvements located on said premises in compliance with applicable laws, codes, and ordinances preventing any condition of an unsightly nature and further preventing any fire hazards, health hazards or any condition which might be extra hazardous in nature. In this connection, LESSOR reserves the power to make inspections on the premises through its City Manager or other official and in the event that it is determined by such inspection that LESSEE is failing to comply with the hereinabove requirements, LESSOR shall first give LESSEE written notice setting forth in detail such failure to comply and thereafter, LESSEE shall have a reasonable time to cure such defect or defects and such reasonableness of time shall be based upon the nature of the defect. L. LESSEE shall maintain, at its own cost and expense from the effective date of this Lease, public liability insurance as will protect Lessor from liability with minimum limits of liability in an amount of $500,000.00 for bodily injury, personal injury or death to any one person; $1,000,000.00 on a per occurrence basis; and $500,000.00 for damage to property on a per occurrence basis. At such time when buildings are erected on the demised premises and/or at such time the rodeo arena is covered by a permanent roof, the LESSEE shall maintain ' at its own cost and expense, fire insurance in amount adequate at all times to cover eighty (80) per dent of the cost of replacement of,buildings on the demised premises. and extended coverage, vandalism, and special extended coverage so as to protect lessee's interest in the property. 2. LESSOR shall be shown thereon as a co-insured party, and such insurance policies shall contain the endorsement that such insurance may not be cancelled or amended with respect to LESSOR without thirty (30) days writte notice by registered mail to LESSOR, by the insurance company, and that I q'kdm"A -F-P P^c A M? 7 CjESSEE shall be solely responsible for the payment of premiums. 3. Any insurance policy herein required or procured by LESSEE shall contain a express waiver of any right of subrogation by the insurance company against the LESSOR. The original policy of all such insurance shall be delivered LESSEE to LESSOR, within thirty (30) days of the inception of such policy and any renewals thereof by the insurance company. The minimum limits of any insurance coverage required herein shall not limit LESSEE'S liability and the insurance required by LESSEE shall not be contributing with any third party insurance of LESSOR. I 1. LESSEE or its SUB -LESSEE shall indemnify and hold LESSOR harmless from any and all liability, suits, actions, expenses and reasonable attorney's fees, that may arise therefrom that is in any way related to LESSEE'S, its agents, representatives, successors, SUB -LESSEE, or visitors in the operation or the condition of said Leased premises. 2. LESSEE or its SUB -LESSEE shall occupy the demised premises and all other portions of the San Gabriel Park at its own risk, and releases LESSOR, to the full extent permitted by law, from all claims of every kind resulting in loss of life, personal or bodily injury or property damage except for those caused intentionally by LESSOR. 3. LESSOR shall not be responsible or liable at any time, for any loss or damage to LESSEE'S or its SUB -LESSEE'S merchandise, equipment, fixtures, machinery, facilities or any other property of LESSEE or its SUB -LESSEES or to LESSEE'S or SUB -LESSEE'S business on or upon the demised premises except for those acts that are caused intentionally by LESSOR or its agents, servants or employees. 1. It is agreed that LESSEE or its SUB -LESSEE shall be and is an independe entity and this agreement is not and shall not be construed as a joint venture between the parties. I 1. LESSEE shall have the power to enter into sublease agreements and may contract as LESSEE sees fit with all third parties so long as such subleas agreements in no way interfere with the performance of all terms and conditions which are the responsibility of LESSEE hereunder. Further, LESSEE shall remain fully liable to LESSOR for the performance of this contract in full regardless of any such agreements with third parties. 2. LESSEE shall not sublease to a third party beyond fourteen (14) consecutive calendar days without prior written approval of the LESSOR. 1. If LESSEE fails to pay compensation due hereunder, or upon its failure to perform any other of the terms of this Lease to be observed or performed LESSEE on its part, or if LESSEE shall become a bankrupt, or insolvent, ol r­k�v4 -P-P' F ccs, T.----\ 7DAO-L" r, nV 7 have against LESSEEcourt, in any United States or of the State of Texas, a petition in bankruptcy or insolvency, or for reorganization or for the appointment of a receiver or trustee #. rll #a portionof property, or re an assignment for the benefit of creditors, or petitions for or enters into an agreement, or suffers this Lease to be taken under any Writ if Execution or Attachment, or if this Lease shall pass to or dissolve upon by law or other- wise, on someone other than LESSEE, except as herein provideds then, in any one or more such events, upon LESSOR serving sixty (60) days written notice of .: s # upon LESSEE specifying the nature of said default, and if, at the expiration of said sixty (60) days LESSEE shall fall to remedy such default, then this Lease and the terms thereunder, shall, at option of LES- SOR terminate and come to an end on the date specified in such notice of cancellation and LESSEE shall quit and surrender the demised premises to LESSOR as if the term hereunder ended by the expiration of the time fixed herein, and .. LESSEE shall remain liable for any unpaid rent and all other charges up to the date of termination. 2. If the LESSOR shall be in default in performing any of or provisions of `„ _i on part to be performed, LESSORshall give noticer of a if LESSOR shall fail to cure such default ,,,,: after ., of such notice, then and in such event, this Lease shall be terminated and 3. Notwithstanding t` foregoing, LESSOR understandsobtain from a lending institution and from individuals financing for the erection of the initial improvements and any other improvements or additions on the leased premises. LESSOR expressly agrees that in the event LESSEE defaults in its obligation a any such lenderor lenders, the LenderLenders at LESSOR'S option, assume LESSEE'S obligations of improvement on the Leasel premises, In thevent ` a` desires to-assign/se _ ase, the assignee is a shall be bound to all the terms and conditions of this lease, unless otherwise agreed to by !" 4. In the event of default,#• Lenders,or be in the position of LESSEE regardingAgreement extent as if said Lenders or their assigns' name appeared in said Lease in lieu of the name of i' that said Lenders,or with third parties # may assign all rights,titles and interestsherein created in favor or said Lender or Lenders of its assigns as long as the purposes of this lease are continued as described in the recitals hertofore addressed and purposes of this Lease, including all reasonable efforts for compensation to be paid to the LESSOR under this Lease. 5. LESSOR'S rights shall besubordinate and the protection stated in any agreement for financing credited between LESSEE # Lender. public.1. The LESSEE, its members, agents and employees, will not discriminate against any person or class of persons by reason of race, color, creed or national origin in providing any service or in the use of its facilities provided for the C1nc.v+4-P-F D---- T_-- - -\ 'DRf*_4 ' 0 t%V ? HQTIQE 1. Notice shall be deemed as having been given when certified mail is sent, postage prepaid, to the parties at the addresses as follows: City of Georgetown Williamson County Sheriff's Posse P.O. Box 409 P. 0. Box 31 Georgetown, Texas 78627 Georgetown, Texas 78627 2. Should either of the parties desire to change their address for notice purposes, it shall be incumbent upon the party desiring such change to deliver the new address to other party in writing. 1. The headings and subtitles contained in this Lease are for the purpose of clarification and in no way are determinative of the intent and purpose o the Lease or the conditions stated herein. I 2. If any part or portion of this Lease is found to be illegal or void it shall not affect the intent and tenure 61 the entire Lease. The remaining Lease provisions shall continue to have full legal force and effect. 3. It is agreed that this Lease may be executed in multiple copies each having the force and effect of an original. Venue for any and all causes of action shall be instituted and maintained in Williamson County, Texas. 5. This lease shall not be assigned without prior approval of Lessor except where such assignments is provided under Executed on this day of 1988. MWAKIRK0 Wad -SUP AMI to .71 M F.MM55A Diane Callander, City Attorney 301 Steve SchaefeY, bw=��� Otis Person, See. & TreaEl FIELD NOTES FOR THE WILLIAMSON COUNTY SHERIFF'S POSSE: BEING 9.74 acres 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 February, 1988, under the supervision of Don H. Bizzell, Registered Public Surveyor, and being more particularly described as followsg BEGINNING at an iron pin set on the Southeast line of United States Highway No. 81, being 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, for the most Westerly corner hereof; THENCE, along the said Southeast line of U.S. Highway No. 81, N 500.34' E, 40.10 feet to an iron pin set, for the most westerly Northern corner hereof; THENCE, S 430 25' E, 299.46 feet town iron pin set, for an interior corner hereof; THENCE, N 400 30' 30" E, 255.95 feet to an iron pin set in a fence, for the most easterly Northern corner hereof; THENCE, with a fence, S 350 38' E, 404.84 feet to a fence corner and S 350 58' E, 366.41 feet to a corner post in concrete, on the Northwest line of a paved road, for the most Easterly corner hereof; THENCE, along the said Northwest line of the paved road, S 530 34' W, 585.33 feet to a corner post in concrete, for the most Southerly corner hereof; THENCE, N 360 08- 30" W, at 225.05 feet pass a fence corner, for a total distance of 634.15 feet, in all, to an iron pin set on the Southeast line of the said 5.07 acre Georgetown Commission Company tract, for the most southerly Western corner hereof; THENCE, N 400 30' 30" E, 310.25 feet to an iron pin found, marking the most Easterly corner of the said 5.07 acre Georgetown Commission Company tract, for an interior corner hereof; THENCE, N 430 25' W, 306.50 feet to the Place of BEGINNINGand containing 9.74 acres of land. NOTE. The above-described tract of land is subject to a'40 foot -wide Access Easement being more particularly described as follows: BEGINNING at an iron pin set on the Southeast line of United States Highway No. 81, being 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, for the most Westerly corner hereof; THENCE, along the said Southeast line of U.S. Highway No. 81, N 50* 34' E, 40.10 feet to an iron pin set, for the most Northerly corner hereof; THENCE, S 430 25' E, 299.46 feet to an iron pin set, for the most Easterly corner hereof; Job No. S-13039 422/jr Page I of 2 GLOW %33OU-, Lm' CQ*MMTM BROM90 - BURVEY00 �rHENCE, S 400 30' 30" W, 40.23 feet to an iron pin found, marking the mo'st Easterly corner of the said 5.07 acre Georgetown Commission Company tract, for the most Southerly corner hereof; THENCE, N 43* 25' W, 306.50 feet to the Place of BEGINNING and containing 0.28 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, this 30th day of March, 1988, A.D. C r&Z-e Don H. Registered -Publi(.-:"!furveyor, No. 221 State of Texas Job No. S-13039 422/jr Page 2 of 2 4 B ==L"n KNOMEM - OURVEYOVA P. 0 BOX Ma - (ZORMOWN, TX IS= :E z cn:E -n 0 > 0 0- wi0 K>rnCm-n, i (J) (n 0 (n 0 0 —0 z Z-OZZ M '00 00 M• cmmc m 0 M 0* c --q;u ch z M< W xm M ;o > > > co 10 cn 0 (n m M E M 0 R A N D U M so= TO: Tim Kennedy, Mayor City Councilmembers FROM: Hartley Sappington Director of Community Services SUBJECT: Lease with Williamson County Sheriff's Posse for 9.74 acres of land in San Gabriel Park The proposed lease under consideration is for a period of 30 years with one 10 year option starting December 1, 1987. The value of the 9.74 acres of land was determined to be $0.03276 per square foot per year or $13,920.00 through an analysis by a Real Estate Consultant. The City will receive compensation based on five (5%) per cent of income received from ticket sales to events and rental fees on current or to be built facilities. The City has also determined that the Posse provides an estimated $5,300.00 per year in in-kind services to Georgetown area citizens. The lease provides that all revenue received by the City from this lease will be placed in a restricted fund to be used to improve City Parks. The Posse is required by the lease to provide, within 180 days of its execution, a master plan and schedule of completion for improvements to be made. Recommendation: The staff recommends the Council pass the attached resolution authorizing the Mayor to sign the lease as written.