CM-12-04-076ROUND ROCK, TEXAS
PURPOSE. PNSSION. PROSPERITY
Item Caption:
Q,vi.-/1 O'' -O -(Q
RECEIVED
APR 19 7012
City Manager Approval Form
Consider executing an agreement for use of space with the Round Rock Area Arts Council for space at the
City's Business Center Complex located at 231 East Main Street.
Approval Date: April 20, 2012
Department Name: Finance Department
Project Manager: Cheryl Delaney
Assigned Attorney: Steve Sheets
Item Summary:
This agreement allows for the Round Rock Area Arts Council (RRAAC) to use space in the City's Business Center Building to display
public art. This space shall only be used for the sole purpose of "promoting or operating an art gallery, museum, or collection, in
a permanent location or on tour, that is open to the public" as delineated in V.T.C.A., Tax Code, Section 11.18 et seq.
No. of Originals Submitted:
Project Name:
Cost:
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Department Director Approval: Cheryl Delaney
**Electronic signature by the Director is
CIP ❑ Budget
N/A OK
N/A OK
Date: 4/10/12
Date: 4/10/12
acceptable. Please only submit ONE approval form per item,
Purchasing
Ell Li
N/A OK
Accounting
a
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
AGREEMENT FOR USE OF SPACE
BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
THE ROUND ROCK AREA ARTS COUNCIL
00248224.DOC/j kg/revised4/5/12
CM— (2- c$ -OL'
AGREEMENT FOR USE OF SPACE
This Agreement is entered into on the ZLday of. � , 2012, by
and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation (the
"City"), and the ROUND ROCK AREA ARTS COUNCIL, a Texas non-profit corporation
within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 and the Texas
Tax Code, Section 11.18 (the "RRAAC").
Upon the terms and conditions herein set forth, and in consideration of the duties,
covenants and obligations of the respective parties, City hereby agrees allow RRAAC to use
approximately 1,223 square feet of space designated as Suite 160 within the City of Round
Rock's Business Center Complex located at 231 East Main Street, Round Rock, Williamson
County, Texas 78664 (the "Space"), as described on Exhibit "A" attached hereto and
incorporated herein by reference for all purposes, so long as such use is to effectuate and
accomplish a permissible public purpose of City, and so long as such use does not negatively
impact City's entitlement to tax exempt status of the building.
Article 1
Consideration
1.1 Mutual Consideration. The parties hereto expressly acknowledge and stipulate
that this Agreement is entered into in consideration of the benefit to City of effectuating and
accomplishing a permissible public purpose, the use of the Space as recited herein, the value to
City of ensuring occupancy and use of its property, and other good and valuable consideration
given, the receipt and sufficiency of which is hereby acknowledged.
1.2 Permissible Public Purpose. The parties hereto expressly acknowledge and
stipulate that this Agreement is for the permissible public purpose of City's facilitation of use of
the Space by an entity which will provide encouragement, promotion, improvement, and
application of the arts, including folk art, design, painting, sculpture, photography, graphic and
craft arts, and other arts related to the presentation, execution, and exhibition of such major art
forms, and that such public purpose is intended to provide a positive impact and experience for
City's citizenry who participate in production of the art and for City's citizenry and others who
participate in viewing of the art.
Article 2
Term; Renewal
2.1 Initial Term. The term of this Agreement shall be for one (1) year, commencing
on April 1, 2012 and ending on March 31, 2013, unless terminated earlier as provided herein.
2.2 Renewals. RRAAC may request that City renew this Agreement. City retains
the sole and exclusive right to either grant RRAAC such a one (1) year renewal of this
Agreement, or a month-to-month extension following the expiration of the initial term.
2.3 Early Termination. It is expressly acknowledged by the parties that this Article
2 is subject to the provisions for early termination contained in Article 9, Subsection 9.3 herein,
and that this Agreement may be terminated for cause or convenience by either of the parties in
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accordance with Article 9 herein, and that such termination may be effected at any time during
the initial term or any successive renewal terms or month-to-month extension terms.
Article 3
Use of Premises
3.1 Specified Use. RRAAC, operating as a charitable organization, shall use the
Space only for "promoting or operating an art gallery, museum, or collection, in a permanent
location or on tour, that is open to the public" as is delineated in V.T.C.A., Tax Code, Section
11.18 et seq.
3.2 Prohibitions Regarding Use. RRAAC shall not permit the Space or any part
thereof to be used for (a) the conduct of any offensive, noisy, or dangerous activity that may
increase the premiums for fire or other insurance on the building; (b) the creation or maintenance
of a public nuisance; (c) anything which is against public regulations or rules of any public
authority at any time applicable to the building; or (d) any purpose or in any manner that may
obstruct, interfere with, or infringe on the rights of other occupants of the building.
3.3 Approval Required for Certain Use. RRAAC shall use the premises only for
the purposes set out in 3.1 above, and such reasonable rules and regulations as are imposed from
time to time by City with respect to the Space. Any use of the premises which will affect the
appearance of the building, impact the tax exempt status of the building, exceed structural loads
of floors or walls, affect the mechanical, plumbing or electrical systems of the building, affect
ventilation in other areas of the building, or potentially interfere with other occupants of the
building must have City's prior written approval.
3.4 Access. RRAAC and its volunteers/employees shall have access to the premises
at all times. RRAAC's invitees, customers and the general public shall have access to the
premises during normal business hours and, at RRAAC's election, after business hours if
RRAAC complies with security procedures City shall reasonably promulgate from time to time.
Article 4
Improvements
4.1 Construction of Improvements. RRAAC shall construct, or cause the
construction of, all art gallery display improvements to the interior of the Space, which
improvements shall comply with design and decor standards as City shall reasonably
promulgate. Such improvements shall include, by way of illustration and not limitation, display
cases, display boards, and lighting.
4.2 Ownership of Improvements. Upon completion of alterations and
improvements constructed or placed in the Space, with the exception of movable personal
property, all ownership and title to same shall vest in City and same shall remain in the Space at
the expiration or earlier termination of this Agreement. City accepts construction and title to
such improvements to be adequate and sufficient consideration.
4.3 City Signage. City reserves the right to place its own logo and signage on and in
the Space, including on outer doorways and entrances.
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Article 5
Performance Representations by RRAAC
RRAAC hereby covenants and agrees to do the following:
5.1 Occupy the Space for the initial term, on the terms and conditions enumerated
herein, beginning on the Commencement Date (Initial Term) of April 1, 2012 and ending on the
Expiration Date (Initial Term) of March 31, 2013, or ending on the last day of any allowed
renewal term or any allowed month-to-month extension, unless terminated earlier according to
terms and conditions set forth herein.
5.2 Accept the Space in its present condition, acknowledging that same is suitable for
RRAAC's intended use.
5.3 Attach signage acceptable to City on the Space for identification purposes.
5.4 Arrange and be responsible for obtaining and paying for RRAAC's own
telephone and internet service, and obtaining any necessary hardware for the operation and
maintenance of such services.
5.5 Arrange and be responsible for obtaining any necessary equipment for the
operation of RRAAC's business, such as computers, printers and fax machines
5.6 Pay for any utility services used by RRAAC which are not provided by City.
5.7 Park in the areas designated by City.
5.8 Maintain the Space clean and free of trash and debris in accordance with City
standards.
5.9 Utilize the coded security system for access after normal business hours.
5.10 Wear security badges while on the premises.
5.11 Obey all laws, rules, regulations, and terms of this Agreement and of the use,
condition, and occupancy of the premises, including the rules and regulations of the building, if
any, adopted by City from time to time.
5.12 Vacate the Space upon termination of this Agreement, and surrender all keys and
building access cards to the premises.
5.13 Allow City to enter the Space to perform City's obligations, or to reasonably
inspect the Space, or at reasonable times to show the Space to prospective occupants.
5.14 Submit written notifications and/or requests to City relative to any events of
consequence involving the premises.
5.15 Maintain appropriate insurance on RRAAC's personal property located within the
Space.
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5.16 Upon written request, deliver certificates of insurance to City.
5.17 Indemnify, defend, and hold City harmless from any loss or claim arising out of
RRAAC's use of the Space or resulting from RRAAC's failure to comply with applicable
provisions of this Agreement.
Article 6
Prohibition Representations by RRAAC
RRAAC hereby covenants and agrees not to do the following:
6.1 Use the Space for any purpose other than the Specified Use delineated herein in
Article 3, Subsection 3.1.
6.2 Create a nuisance.
6.3 Interfere with other occupants' normal business operations, or interfere with
City's ownership or management of the building.
6.4 Permit any waste.
6.5 Use the Space in a way that is extrahazardous, that would increase insurance
premiums, or that would void insurance on the building.
6.6 Change City's lock system, except as permitted in advance in writing.
6.7 Alter the Space, except as specifically provided for herein, or place any exterior
sign on the premises, without City's consent, which consent shall not be unreasonably withheld.
6.8 Allow a lien to be placed on the Space.
6.9 Assign or sublet any portion of the Space without City's prior written consent.
Article 7
Performance Representations by City
City hereby covenants and agrees to do the following:
7.1 Allow the Space to be occupied by RRAAC for the initial term, on the terms and
conditions enumerated herein, beginning on the Commencement Date (Initial Term) of April 1,
2012 and ending on the Expiration Date (Initial Term) of March 31, 2013, or ending on the last
day of any allowed renewal term or any allowed month-to-month extension, unless terminated
earlier according to terms and conditions set forth herein.
7.2 Provide water for lavatory and drinking purposes, access to electric current for
normal office machines and building standard lighting reasonable for RRAAC's use, and lighting
in common areas.
7.3 Provide access and use of common areas to RRAAC, such as breakrooms,
restrooms, and food areas.
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7.4 Provide access and use of conference room areas to RRAAC by appropriate
reservation through the City.
7.5 Pay operating expenses for the premises. Operating expenses shall mean
expenses that City shall be required to pay in connection with the ownership and maintenance of
the building, except principal and interest on any debt, expenditures classified as capital
expenditures for federal income tax purposes, and expenses for which RRAAC may be required
to reimburse City.
7.6 Repair and maintain the (a) roof, (b) foundation, (c) exterior walls, doors and
windows as to structural soundness but not as to appearance, and (d) plumbing, electrical and
mechanical systems that serve the premises.
7.7 Adequately insure the building and parking facilities against risks of direct
physical loss. The parties agree that RRAAC shall have no claim to any proceeds of City's
insurance policies.
Article 8
Prohibition Representations by City
City hereby covenants and agrees not to do the following:
8.1 Interfere with possession of the premises so long as RRAAC is not in default.
8.2 Unreasonably withhold consent, if required herein to be given.
Article 9
Termination
9.1 Cit_y's Right to Terminate for Convenience. City has the right to terminate this
Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30)
days' written notice to RRAAC.
9.2 Cit_y's Right to Terminate for Cause. In the event of any default or breach by
RRAAC, City has the right to terminate this Agreement for cause, upon ten (10) days' written
notice to RRAAC.
9.3 City's Right of Early Termination. In the event City reasonably determines
that it requires the Space for housing City staff or other public purpose, City has the right to early
termination of this Agreement, and such early termination shall be effected by City giving ten
(10) days' written notice to RRAAC.
9.4 RRAAC's Right to Terminate for Convenience. RRAAC has the right to
terminate this Agreement, in whole or in part, for convenience and without cause, at any time
upon thirty (30) days' written notice to City.
Article 10
Default
10.1 Default by RRAAC. Default by RRAAC shall be defined as failing to comply,
within ten (10) days of receiving written notice from City, with any substantive provision hereof.
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City's remedies for RRAAC's default are to (a) enter and take possession of the
Space, after which City may re -contract for the premises on behalf of RRAAC, and RRAAC
agrees to reimburse City for actual expenditures reasonably made; or (b) enter the Space and
perform RRAAC's obligations; or (c) terminate this Agreement by proper written notice and sue
for damages.
10.2 Default by City. Default by City shall be defined as (a) City failing to comply
with applicable provisions of this Agreement which constitute default; or (b) City failing to begin
a reasonable attempt to comply with any substantive provision of this Agreement within ten (10)
days of receiving proper written notice.
RRAAC's remedy for City's default is termination of this Agreement if City fails
to provide an essential service for thirty (30) days after default.
10.3 No Waiver. It is not a waiver of default if the non -defaulting party fails to
declare immediately a default, or delays in taking any action. Pursuit of any remedies set forth in
this Agreement does not preclude pursuit of other remedies in this Agreement or as provided by
law. City and RRAAC have a duty to mitigate damages.
Article 11
City's Rights upon Termination of Agreement
11.1 Property to Inure to City. All of RRAAC's improvements, fixtures and
equipment of every description (unless such improvements, fixtures and equipment are
removable without damage to the premises), any alterations or additions to the premises
including those made with written consent, and any other article incorporated in or permanently
affixed to the floor, wall or ceiling of the premises, shall become the property of City and shall
be and remain upon and be surrendered with the premises as a part thereof at the termination of
this Agreement, whether under Article 9 or Article 10 herein, and RRAAC hereby waives all
rights to any payment or compensation therefor. In the event City requests that RRAAC remove
any of RRAAC's removable fixtures, equipment or property located in or about the premises or
the building at the termination of this Agreement, RRAAC shall promptly remove same at its
sole risk, cost and expense, and upon RRAAC's failure to remove same, City may remove same
at RRAAC's expense.
Article 12
Liability and Indemnification
12.1 Liability. The parties expressly agree that nothing in this Agreement adds to or
changes the liability limits and immunities for a governmental unit provided by the Texas Tort
Claims Act, Chapter 101, Civil Practice and Remedies Code, or other law. The parties expressly
agree that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby
to waive, any immunity or defense that would otherwise be available to it against claims arising
in the exercise of its powers or functions or pursuant to the Texas Tort Claims Act or other
applicable statutes, laws, rules, or regulations.
12.2 Indemnification. RRAAC shall defend (at the option of City), indemnify, and
hold City, its successors, assigns, officers, employees and elected officials harmless from and
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against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or
resulting from the fault of RRAAC, or its agents, invitees, employees or subcontractors, in the
performance of RRAAC's obligations under this Agreement, no matter how, or to whom, such
loss may occur. Nothing herein shall be deemed to limit the rights of City or RRAAC
(including, but not limited to the right to seek contribution) against any third party who may be
liable for an indemnified claim.
Article 13
Building Security
13.1 Building Access Cards, Keys and Badges. City will provide RRAAC with an
adequate number of access cards, keys and security identification badges to the premises.
Additional access cards, keys and badges may be obtained at RRAAC's cost and expense. No
additional locks shall be allowed in the premises without City's consent. Only with express prior
written consent of City, RRAAC may, at its sole cost and expense, change locks within its own
premises area, provided that RRAAC furnishes a complete set of keys to all such locks to City,
and provided that such change of locks in no way impairs access to the common areas of the
premises. Upon termination of this Agreement, RRAAC shall surrender to City all access cards,
keys and badges to the premises.
Article 14
RRAAC's Obligation for Condition of Premises
14.1 Duty to Maintain, Surrender, and Repair/Replace. RRAAC covenants and
agrees that it will not injure the building or the premises but will take the same care thereof
which a reasonably prudent person would take of his/her own property, and upon termination of
this Agreement, RRAAC will surrender and deliver up the premises to City in as nearly identical
condition as the premises were in on the commencement date of this Agreement, except for
ordinary wear and tear and damage arising from fire or other casualty. RRAAC agrees, at its
cost and expense, to repair or replace any part of the premises damaged as a proximate result of
negligent or wrongful acts or omissions of RRAAC or its agents, employees, representatives,
invitees, licensees or visitors and to repair damage to the building proximately caused by the
negligence or wrongdoing of RRAAC or its agents, employees or representatives acting within
the scope of their agency, employment or representation; provided, however, that if RRAAC
should fail or refuse to make such repairs or replacements with reasonable promptness after
written notice from City (having due regard to the nature of the required repairs or replacements
and the effect of delay in making same on the appearance of the building or danger of injury to
or interferences with others), then City may, at its option but without any obligation to do so,
enter the premises and make such repairs or replacements on the premises, should they be
required, and RRAAC shall repay the actual costs thereof upon demand.
Article 15
RRAAC's Obligation of Compliance with Laws
15.1 Duty to Comply. RRAAC will at its own cost and expense comply with all
laws, ordinances, orders, rules and regulations (state, federal, municipal or promulgated by other
agencies or bodies having jurisdiction thereof) relating to the use, condition or occupancy of the
premises, and will not engage in any activity which would cause City's fire and extended
8
coverage insurance to be canceled or the rate therefor to be increased over the rate which would
have been charged had such activity not been engaged in by RRAAC (or in such event, at
RRAAC's option, RRAAC will pay the amount of any such increase).
Article 16
Miscellaneous Provisions
The parties to this Agreement agree as follows:
16.1 Binding Effect. The covenants and agreements herein contained shall inure to
and be binding upon City and upon its successors and assigns, and upon RRAAC and upon its
successors and assigns; provided such reference to assigns is not intended to imply or grant any
right on the part of either party to assign this Agreement.
16.2 Release of Claims/Subrogation. City and RRAAC hereby release each other
from any claim, by subrogation or otherwise, for any damage to the premises, the building, the
parking facilities, or personal property within the building, by reason of fire or the elements,
regardless of cause, including negligence of either party. This release applies only to the extent
that it is permitted by law, the damage is covered by insurance proceeds, and the release does not
adversely affect any insurance coverage.
16.3 Notice to Insurance Companies. City and RRAAC shall notify the issuing
insurance companies of the release set forth in this Article 16, Subsection 16.2, and shall have
the insurance policies endorsed, if necessary, to prevent invalidation of coverage.
16.4 Casualty/Total or Partial Destruction. If the premises are damaged by
casualty, the City may, at its sole option, choose not to restore the premises. In that case, this
Agreement will terminate.
16.5 Condemnation/Substantial or Partial Taking. If the premises cannot be used
for the purposes contemplated by this Agreement because of condemnation or purchase in lieu of
condemnation, then this Agreement will terminate. RRAAC shall have no claim to the
condemnation award or proceeds in lieu of condemnation.
16.6 No Arbitration. In the event of any dispute regarding terms or performance of
terms of this Agreement, it is agreed by the parties that such dispute shall not be subject to
arbitration.
16.7 Limitation of Warranties. There are no implied warranties of merchantability,
of fitness for a particular purpose, or of any other kind arising out of this Agreement, and there
are no warranties that extend beyond those expressly stated herein.
16.8 Abandoned Property. City may retain, destroy, or dispose of any property left
and abandoned on the premises at the end of the initial term and any renewals.
16.9 Time is of the Essence. Time is expressly declared to be of the essence in this
Agreement.
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16.10 Amendment. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless the same be in writing, dated subsequent to the date of this
Agreement, and duly executed by the parties to this Agreement.
16.11 No Third Party Beneficiaries. No term or provision of this Agreement is
intended to, or shall, create any rights in any person, firm, corporation, or other entity not a party
hereto, and no such person or entity shall have any cause of action hereunder.
16.12 No Other Relationship. No term or provision in this Agreement is intended to
create a partnership, joint venture, or agency arrangement between the parties.
16.13 Current Revenues. Pursuant to Section 791.011(d)(3) of the Texas Government
Code, each party performing services or furnishing services pursuant to this Agreement shall do
so with funds available from current revenues of the party.
16.14 Force Majeure. Notwithstanding any other provisions of this Agreement to the
contrary, no failure, delay or default in performance of any obligation hereunder shall constitute
an event of default or a breach of this Agreement if such failure to perform, delay or default
arises out of causes beyond the control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
16.15 Entire Agreement. This Agreement constitutes the entire agreement of the
parties regarding the subject matter contained herein and supersedes any agreements of the
parties, whether oral or written, formal or informal, heretofore made.
16.16 Approval. This Agreement has been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
16.17 Assignment. Except as otherwise provided in this Agreement, a party may not
assign this Agreement or subcontract the performance of services without first obtaining the
written consent of the other party.
16.18 Non-Appropriation and Fiscal Funding. The obligations of the parties under
this Agreement do not constitute a general obligation or indebtedness of either party for which
such party is obligated to levy, pledge, or collect any form of taxation. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate sufficient funds as determined by City's
budget for the fiscal year in question. City may effect such termination by giving RRAAC
written notice of termination at the end of its then-current fiscal year.
16.19 Non-Waiver. A party's failure or delay to exercise a right or remedy does not
constitute a waiver of the right or remedy. An exercise of a right or remedy under this
Agreement does not preclude the exercise of another right or remedy. Rights and remedies under
this Agreement are cumulative and are not exclusive of other rights or remedies provided by law.
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16.20 Paragraph Headings. Various paragraph headings are inserted for convenience
of reference only, and shall not affect interpretation of this Agreement or any subsection herein.
16.21 Counterparts. This Agreement may be executed in multiple counterparts which,
when taken together, shall be considered as one original.
16.22 Severability Clause. If any term, covenant, condition or provision of this
Agreement, or the application thereof to any person or circumstance, shall ever be held to be
invalid or unenforceable, then in each such event the remainder of this Agreement or the
application of such term, covenant, condition or provision to any other person or any other
circumstance (other than such as to which it shall have been invalid or unenforceable) shall not
be thereby affected, and each term, covenant, condition and provision hereof shall remain valid
and enforceable to the fullest extent permitted by law.
16.23 Notices. Any notice or communication to parties required or permitted to be
given under this Agreement shall be effectively given only if in writing, and such notice shall be
considered received three (3) days after depositing such notice in the U.S. registered or certified
mails, postage prepaid, return receipt requested, or by commercial overnight courier service,
addressed as follows:
(a) If addressed to City:
Round Rock City Manager
221 East Main Street
Round Rock, TX 78664
(b) If addressed to RRAAC:
Round Rock Area Arts Council
Post Office Box 5981
Round Rock, Texas 78664
City Attorney Stephan L. Sheets
AND TO: 309 East Main Street
Round Rock, TX 78664
provided, however, that any party shall have the right to change the address to which notices
shall thereafter be sent by giving notice to the other party as aforesaid, but not more than two
addresses shall be in effect at any given time for City and RRAAC.
16.24 Attorney's Fees. In the event of litigation between City and RRAAC wherein
one or both parties are seeking to enforce any right or remedy hereunder, the prevailing party
shall be entitled to recover its reasonable attorneys' fees incurred in connection with such
litigation from the other party.
16.25 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Texas, and venue shall lie in Williamson County, Texas.
16.26 Contacts. The parties hereto agree that the persons listed below shall be the main
points of contact:
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(a) For City:
Cheryl Delaney, Finance Director
(512) 218-5445
email: cdelaney@roundrocktexas.gov
(b) For RRAAC:
Cathy Kincaid, President
(512) 989-6808
email: ckincaid@impactnews.com
16.27 Incorporation of Exhibits. All exhibits, schedules and attachments referred to in
this Agreement are hereby incorporated by reference for all purposes as fully as if set forth at
length herein. This Agreement constitutes the entire agreement of the parties with respect to the
subject matter hereof, and all prior correspondence, memoranda, agreements or understandings
(written or oral) with respect hereto are merged into and superseded by this Agreement.
IN WITNESS WHEREOF, this Agreement is executed and delivered effective as of the
date and year first above written.
CITY OF ROUND ROCK, TEXAS
SRU.mtIovwoo,d
tiil
fr J
By:
Name:
Title:
Date:
ROUND ROCK AREA ARTS COUNCIL,
a Texas non-profit corporation
By:
Name:
Title:
Date:
12
FOR CITY, ATTEST:
FO ' C TY, APPROV D AS TO FORM:
Stephan Sheets, City Attorney