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R-01-07-12-11C2 - 7/12/2001 RESOLUTION NO. R-01-07-12-11C2 WHEREAS, the City of Round Rock has a need to lease office furniture for the Planning and Community Development Department' s temporary office space located at Crystal Park Plaza, and WHEREAS, the City Council wishes to enter into a Personal Property Rental Agreement with Classic Special Management, Ltd. for the lease of office furniture, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Personal Property Rental Agreement with Classic Special Management, Ltd. for the lease of office furniture for the Planning and Community Development Department' s temporary office space located at Crystal Park Plaza. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act . RESOLVED this 12th day of Jul 1 . -R-0 A. STLUKA, JR. , ayor AT ST: City of Round Rock, Texas M J#NNE LAND, City Secretary 0:\WPDOCS\RESOLUTI\R10712C2.WPD/sc PERSONAL PROPERTY RENTAL AGREEMENT This Personal Property Rental Agreement is made and entered into by and between Owner CLASSIC SPECIAL MANAGEMENT, LTD., a Texas limited partnership, acting by and through CLASSIC SPECIAL LLC, a Texas limited liability company, its General Partner (hereinafter referred to as "Classic") and Renter CITY OF ROUND ROCK, TEXAS, a municipal corporation (hereinafter referred to as "City"). Date: JI.I1_y , 2001 Owner: CLASSIC SPECIAL MANAGEMENT, LTD., a Texas limited partnership, acting by and through CLASSIC SPECIAL LLC, a Texas limited liability company, its General Partner Owner's Address: 2301 North Interstate Highway 35 Round Rock, Texas 78664 Renter: CITY OF ROUND ROCK, TEXAS, a municipal corporation Renter's Address: 221 East Main Street Round Rock, Texas 78664 Personal Property Rented: Various items of office furniture and furnishings (including but not limited to desks, chairs, tables, conference tables, partitions, bookshelves, and the like) situated within 5,581 square feet of rental space subleased by City from Classic by "Commercial Sublease Agreement"dated J U LV JZ ,2001, said subleased rental space located in Suite 200 of the building known as Crystal Park Plaza located at 101 East Old Settlers Boulevard in Round Rock, Williamson County, Texas. All items of said office furniture and furnishings are shown on Exhibit"A"attached hereto and made a part hereof for all appropriate purposes. Within a reasonable period of time after commencement of the sublease term referred to above, City shall have the obligation to inventory all such furniture and provide Classic with a copy of such inventory. Rental Payment: Three Hundred and No/100 Dollars ($300.00)monthly CATEXT\SUBLEAS6.WPD/jkg 1 Term: Month-to-month Commencement Date: July 13, 2001 Termination Provision: City may terminate this Personal Property Rental Agreement for City's convenience upon written notice to Classic. This Agreement may be terminated by City by delivery of written notice of termination to Classic not later than thirty (30) days before the effective date of such termination. ARTICLE I City hereby covenants and agrees to do the following: 1. Accept the described furniture and furnishings in their present condition"as is." 2. Pay the rental amount of$300.00 monthly, in advance, no later than the first day of each month, to Owner at Owner's Address (or elsewhere as Owner may designate from time to time in writing). 3. Maintain adequate insurance on personal property. 4. Surrender the furniture and furnishings, upon termination hereunder or upon termination by expiration of the referenced sublease, to Owner in the same location and in substantially the same condition in which it was received, normal wear and tear excepted. ARTICLE II Classic hereby covenants and agrees to do the following: 1. Rent the described furniture and furnishings to City on a month-to-month basis under the terms and conditions set forth herein, and no other. 2. Refrain from interfering with City's possession of the personal property as long as City is not in default of the monthly rent specified herein. ARTICLE III 1. Venue. This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County, Texas. 2. Entire Agreement. This Agreement,together with any attached exhibits,is the entire agreement of the parties, and there are no oral representations, warranties, 2 agreements, or promises pertaining to this Agreement or to any expressly mentioned exhibits not incorporated in writing in this Agreement. 3. Amendment. This Agreement may be amended only by an instrument in writing signed by Classic and City. 4. 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 IN THIS AGREEMENT. 5. Notices. Any notice required or permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the U. S. Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown below: (a) If addressed to City: City of Round Rock, Texas 221 East Main Street Round Rock, TX 78664 Attention: City Manager With a copy to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 (b) If addressed to Classic: Classic Special Management, Ltd. 2301 North Interstate Highway 35 Round Rock, TX 78664 Attention: Charles King 6. No Arbitration. In the event of any dispute regarding any terms or performance of the terms of this Agreement,it is agreed by and between the parties that such dispute shall not be subject to arbitration. 3 This Personal Property Rental Agreement is hereby executed and delivered effective as of the date and year first above written. OWNER CLASSIC SPECIAL MANAGEMENT,LTD. By: CLASSI P 'IAL LLC By: CHARL S R. , Vice President RENTER CITY OF ROUND ROCK, TEXAS R A. S L , J-R-.,O&Yor ATTEST: J LAND, City Secretary 4 Room 200 (reception area) Room 209 (Skip) 1 desk 1 left return 1 desk 6 reception chairs 1 return 1 desk chair 1 credenza refrigerator 1 reception chair Room 201 (work room) Room 211 (Linda) 1 desk Room 202 (Aaron) 1 desk chair 2 reception chairs 1 desk 1 credenza Room 212 (File room) 2 desk chairs Room 203 (Dave) Room 213 (Call Center) 1 desk 1 credenza 1 return 4 formal chairs 1 formal credenza 2 book shelves Room 214 (Charles) Room 204 (Don) 1 desk 1 side &back credenza 1 formal desk 1 desk chair 1 formal credenza 2 reception chairs 1 small file cabinet 1 small table 2 formal chairs 1 round table 1 desk chair 3 chairs 1 large table 1 built in credenza Room 205 (Teresea) Room 215 (Robert Hart) 1 desk 1 chair Room 207 (Conference) 2 reception chairs 1 file cabinet 1 conference table 8 conference chairs 1 small table EXHIBIT "All Room 216 (Mitch) 1 desk & side return 1 desk chair 2 reception chairs Room 217 (Elizabeth) 2 desks 2 side returns 2 chairs 2 reception chairs 1 file cabinet Room 219 (Bob) 1 desk 1 credenza 1 reception chair DATE: July 6, 2001 SUBJECT: City Council Meeting—July 12, 2001 ITEM: 11.C.2. Consider a resolution authorizing the Mayor to execute a Personal Property Rental Agreement with Classic Special Management, Ltd.for the lease of office furniture for the Planning and Community Development Department's temporary office space located at Crystal Park Plaza. Resource: Joe Vining, Planning Director History: Space has been located on the second floor of Crystal Park Plaza located at 101 East Old Settlers Blvd. This space is currently finished out and ready for immediate occupancy. It also contains furniture in a number of the offices that will minimize the amount of furniture that will have to be used. Funding: General Fund Cost: $300.00 monthly rental fee for furniture. Outside Resources: Classic Special Management, Ltd. Impact: Cost of rental furniture for office use at Crystal Park Plaza location. Benefit: To supplement existing Planning Department furniture. Public Comment: None Sponsor: N/A