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R-89-1304 - 7/13/1989WHEREAS, the City of Round Rock desires to enter into an agreement for the lease of certain premises for the purposes of sheltering animals, and WHEREAS, the City of Round Rock has duly advertised for bids to lease certain real property for use as an animal shelter, and WHEREAS, the Williamson County Humane Society has submitted the most favorable bid, and WHEREAS, the City of Round Rock wishes to accept the bid of the Williamson County Humane Society, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of the Williamson County Humane Society is hereby accepted as the most favorable bid, and the Mayor is authorized and directed to execute on behalf of the City a lease agreement with the Williamson County Humane Society, a copy of said lease agreement being attached hereto and incorporated herein. RESOLVED this 13th day of July, 1989. ATTEST: l d i I IAl_' / / /L/ E LAND, City Secretary GbRESWCHS RESOLUTION NO. /....304/e MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: July 10, 1989 SUBJECT: Council Agenda, July 13, 1989 ITEM: 13E. Consider a resolution authorizing the Mayor to enter into an agreement concerning the animal shelter. STAFF RESOURCE PERSON: Bob Bennett /Steve Sheets STAFF RECOMMENDATION: Please see the attached bid agreement. City Manager will also address this in the City Manager's report. SIGNED this name) H. Lewis Aven Bidder. BID FORM 1. Name of bidder: Williamson County Humane Society Address: P. 0. Box 1304. Round Rock. Texas 78680 Telephone #: (home) ( ) 244 -2800 (work) ( ) 244 -9324 2. Type of entity: (individual, partnership, corporation, etc.) Corporation 3. Detail experience in operation of animal shelters and the humane disposition of stray or unwanted animals: The Williamson County Humane Society was organized ten years ago. It has operated an office and animal adoption center since 1986. 834 animals were adopted in 1987. 1200 animals were adopted in 1988. All paid staff members are trained in the correct techniques of humane euthanasia. The manager of the adoption center has attended educational conferences on animal shelters sponsored by the American Humane Association. 4. Amount of monthly rent to be paid (The City will not accept any bid for less than $465.00.) $ 465.00 By signature hereto, the undersigned acknowledges that he or she has read the Lease Agreement and has examined the lease premises. 16th day of June , 1989, by (printed , an authorized representative of (Signature) President LEASE AGREEMENT This Lease Agreement is made and entered into this 1st day of August, 1989, by and between THE CITY OF ROUND ROCK, referred to in this Lease as Lessor, and Williamson ("minty Humana Snriaty referred to in this Lease as Lessee. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the premises, referred to in this Lease as the leased premises, situated in Williamson County, Texas, described in Exhibit "A" attached hereto and incorporated herein. TERM The term of this Lease shall commence on the 1st day of August, 1989, and end on the last day of July, 1994, unless terminated earlier, as provided in this Lease. At the end of the initial lease period, Lessee has the option to renew the lease for two additional 5 -year extension periods. Such options shall lapse unless it is exercized by Lessee by written notice to Lessor received not less than sixty (60) days prior to the expiration of the primary term of the lease. Lessee agrees to pay to Lessor as rent for the leased premises the sum of $465.00 per month on or before the first day of each month beginning on the first day of the month following the opening of the animal shelter, at such place as Lessor may from time to time specify by written notice served on Lessee. In the event Lessee exercizes his option to renew this lease, the annual rent shall be increased by a percentage equal to the percentage increase in the United States Department of Labor Consumer Price Index between the monthly report released most recently before the effective date of this lease, and the report released most recently before the beginning of the extension period. Lessor hereby grants to Lessee the option to purchase the premises at the time, for the consideration, and upon the terms and conditions hereinafter set forth: 1. The election of the Lessee to exercize the option to purchase the premises must be evidenced by a notice in writing addressed to Lessor, sent by certified mail, return receipt requested, to the address of Lessor listed in this Lease, said notice to be mailed at least sixty (60) days prior to option date. 2. If the option is exercised on or before August 1, 1991 the option price shall be $40,000.00. If the option is exercised after August 1, 1991 the option price shall be $40,000.00 or the fair market value as determined by a MAI appraiser selected by the City, whichever is more. C46LEASEAGR RENT OPTION TO PURCHASE 3. In the event the option is exercised, Lessee shall be entitled to apply a portion of the rent paid to the purchase price. The portion of the rent applied to the purchase price shall equal the amount of principal paid against a promissory note of $40,000.00, at 6.0% interest, with monthly payments equal to the monthly rent, for a term of 20 years. USE The leased premises shall be used only as an animal shelter and related activities and Lessee shall not permit the leased premises or any part of the leased premises to be used for anything which is against public regulations or rules of any public authority at any time applicable to the leased premises. UTILITY CHARGES Lessee shall pay promptly as they become due all charges for the furnishing of telephone, water, electricity, gas, garbage service, and other public utilities to the leased premises during the term of this Lease. INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, free and harmless from any and all liability for injury to or death of any person, including Lessee, or for any damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person or persons, including Lessee, in or about the leased premises with the express or implied consent of Lessee, except as provided below. Lessor agrees to indemnify and hold Lessee and the property of Lessee, including the leased premises, free and harmless from any and all liability for injury to or death of any person, including Lessee, or for any damage to property arising from or in connection with the railroad crossing which provides access to the property. ALTERATIONS AND IMPROVEMENT 1. Lessee shall have the right at any time and from time to time during the term and any extended term of this lease at Lessee's sole cost and expense, to affix and install such property and equipment to, in, or on the leased premises as it shall in its sole discretion deem advisable. Any such fixtures, equipment, and other property installed in or affixed to or on the leased premises shall remain the property of Lessee, and Lessor agrees that Lessee shall have the right at any time, and from time to time, to remove any such fixtures, equipment, and other property, including, without limitation, equipment, machinery, and personal property; provided, however, that any such fixtures, equipment, or property not removed from the premises within (30) days after expiration or sooner termination of the term or extended term of this lease shall be 2. deemed to have been abandoned by Lessee and shall thereupon become the absolute property of Lessor without compensation to Lessee. 2. Lessee shall have the right at its own cost and expense from time to time during the term or any extended term of this lease to construct on the leased premises such buildings and other improvements, including but not limited to fencing and paving, and make such alterations, additions, and changes in the premises as Lessee deems necessary or convenient for its purposes, and it shall be permitted from time to time during and within thirty (30) days after expiration or sooner termination of the term of this lease to remove any such building or other improvements erected or made by it; provided, however, that Lessee shall repair any damages to the leased premises caused by such removal, and further provided that any such building or improvement which shall not have been removed by Lessee on or within (30) days after expiration or sooner termination of the term or any extended term of this lease shall be deemed abandoned by Lessee and shall thereupon become the absolute property of Lessor without compensation to Lessee, and Lessee shall not be required on such abandonment to restore the premises to their present condition. Lessee covenants and agrees that any such improvements shall be made in a careful, workmanlike manner and in compliance with all applicable federal, state, and municipal laws and regulations. 3. If at the expiration of the Lease term or any extension thereof, the parties determine not to renew the Lease, Lessor shall purchase all improvements permanently affixed to the real property. In order to determine the purchase price, Lessor shall obtain three appraisals. The purchase price shall be the average of these three appraisals. CONDITION OF PREMISES 1. Lessee stimpulates that he has examined the leased premises as well as all buildings and improvements located on the leased premises, and they are all, at the date of this Lease, in good order and repair and in a safe and clean condition, except as provided below. 2. Lessor agrees to dispose of house structure and pole -barn structure on the property, remove debris from the premises, and remove the roadbase asphalt materials within ninety (90) days of the signing of this Lease. 3. Lessor further agrees to provide adequate sewer facilities including waste disposal and water, within sixty (60) days of the signing of the Lease. MAINTENANCE OF PREMISES BY LESSEE During the term of this Lease, Lessee must, at Lessee's own cost and expense, maintain the leased premises and the buildings and improvements on the leased premises in good order and repair and in a safe and clean condition. 3. ASSIGNMENT AND SUBLETTING Lessee shall not assign this Lease or sublet the leased premises or any interest in the leased premises without first obtaining the written consent of Lessor. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at the option of Lessor, terminate this Lease. DEFAULT BY LESSEE If Lessee is in default of a period of more than thirty (30) days in the payment of any rent payable under this Lease or in the performance of any other provision of this Lease, Lessor shall give Lessee written notice of such default. Lessee shall be given a reasonable time in which to cure the default, which shall in no event be less than fifteen (15) days. In the event that the default is not cured within a reasonable time Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas. In the event that lessor initiates eviction proceedings against Lessee, Lessor shall give Lessee an opportunity to respond to a notice of proposed eviction. RELETTING BY LESSOR If Lessee abandons or vacates the leased premises contrary to the terms of this Lease, Lessor may relet the leased premises for the account of Lessee for the best rent and on the best terms reasonably obtainable. If Lessor does not realize a sufficient sum from such reletting, after deducting the cost and expense to Lessor of such reletting, to satisfy the rent reserved in this Lease, Lessee agrees to satisfy and pay to Lessor any deficiency in the monthly rent reserved in this Lease on the 15th day of any month in which such a deficiency is determined by Lessor to exist. SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this Lease are and shall be subject, subordinate, and inferior to any lien or encumbrance placed on the leased premises by Lessor now to the interest payable on such lien or encumbrance, and to any and all renewals and extension of such lien or encumbrance. RIGHT OF INSPECTION Lessor and Lessor's agents have the right at all reasonable times during the term of this Lease to enter the leased premises for the purpose of inspecting them and all buildings and improvements on the leased premises. 4. HOLDOVER BY LESSEE If Lessee remains in possession of the leased premises with the consent of Lessor after the expiration of this Lease, a new tenancy from year to year will be created between Lessor and Lessee which shall be subject to all terms and conditions of this Lease but which shall be terminable by 180 days' written notice served by either Lessor or Lessee on the other party to this lease. NOTICES All notices or other communication required or permitted by this Lease to be served on or given to either party to this Lease by the other party must be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in lieu of such personal service, when deposited in the United States mail, postage prepaid, addressed to Lessee at the address of the leased premises or to Lessor at 221 East Main Street, Round Rock, Texas 78664, Attention: City Manager. Either party to this Lease may change his or her address for the purpose of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above paragraph, all rent payable under this Lease shall be paid to Lessor at the above - specified address. ATTORNEY'S FEES If any litigation is commenced between the parties to this Lease concerning the leased premises, this Lease, or the rights and duties of either party in relation to this lease, the party prevailing in such litigation will be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney's fees in that litigation. TIME OF ESSENCE Time is expressly declared to be of the essence in this Lease. BINDING OF HEIRS AND ASSIGNS Subject to the provisions of this lease against assignment of the Lessee's interest under this Lease, all provisions of this Lease shall extend to and bind, or inure, to the benefit of, the parties to this Lease and also to every one of the heirs, executors, representatives, successors, and assigns of Lessor or Lessee. RIGHTS AND REMEDIES CUMULATIVE The rights and remedies provided by this Lease Agreement are cumulative, and the use of any one right or remedy by either party 5. shall not preclude or waive that party's right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this Lease are performable in Williamson County, Texas. In case any one or more of the provisions contained in the 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 of this Lease, and this Agreement must be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Lease. CITY OF ROUND ROCK City Hall Round Rock, Texas 78664 TEXAS LAWS TO APPLY LEGAL CONSTRUCTION PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the only agreement of the parties to this Lease and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. AMENDMENT No amendment, modification, or alteration of the terms of this Lease shall be binding unless the same be in writing, dated subsequent to the date of this Lease, and duly executed by the parties to this Lease. IN WITNESS OF THIS AGREEMENT, the undersigned Lessor and Lessee execute this Agreement as of the day and year first written above. LESSOR: LESSEE: Wilj-i. on Count Humane Society i/ Pr ident P. 0. Box 1304 Round Rock. Texas 78680 6.