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R95-23 04-10-95 RESOLUTION NO. R95 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND CLEAN PEARLAND, INC. FOR THE PROVISION OF OFFICE SPACE IN CITY HALL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and Clean Pearland, Inc. relating to the provision of office space in City Hall, a copy of which is annexed hereto, designated Exhibit "A" hereof and incorporated herein for all purposes, is authorized and approved. Section 2. The City Manager is hereby authorized to execute and the City Secretary to attest the original counterparts of the annexed Lease Agreement for and on behalf of the City. PASSED, APPROVED and ADOPTED this the /0 day of A.D., 1995. DAVID ITH MAYOR PRO TEM ATTEST: �-C TOMMIE JEAN AL INTERIM CITY SECRETARY APPROVED AS TO FORM: i MO.E CCULLOitH CITY O' EY Exhibit A LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF BRAZORIA This Lease Agreement is a tered into by the parties hereto on the /0 day of 1995, and in consideration thereof, the City of Pear and, a political subdivision, hereinafter referred to as "Lessor," and Clean Pearland, Inc. hereinafter referred to as "Lessee," do hereby covenant and agree as follows: 1) Lessor does hereby lease and demise unto Lessee, for the purpose of operating and maintaining office space suitable for use by Clean Pearland, Inc. in order to provide certain environmental education and beautification services to the residents of Pearland, Brazoria and Harris Counties, Texas, office space in the north wing of the third floor of City Hall located at 3519 Liberty Drive, Pearland, Texas, and being more particularly described as follows, to -wit: Approximately 522 Square Feet, Comprising the Environmental Library and Adjacent Office on West Side of Building 2) The term of the lease hall be for fifteen (15) years, commencing on the day of pA1 Q 1995, and ending on the 1 day of V hQ) 2010. 3) In consideration for this lease, Lessee agrees to pay Lessor the sum of Thirty -Five Thousand Dollars ($35,000.00) over the next two years for a portion of the build -out and expansion of the north wing of the third floor as follows: Twenty -Five Thousand Dollars ($25,000.00) by the end of the 1995 fiscal year and Ten Thousand Dollars ($10,000.00) by the end of the 1996 fiscal year. However, Lessee agrees that said sum paid to Lessor for portion of build -out does not in any way create a fee simple interest in said space on the part of Lessee, its agents, officers, employees, successors, or volunteers. Lessee will pay the sum of Two Hundred Dollars ($200.00) per month, to be payable in advance, as an occupancy fee to cover the costs of telephone, copy machine, fax machine, utilities and Lessee's share of receptionist services. In Lessee agrees to maintain and manage further consideration, a said g g location in a manner suitable for use by the citizens of Pearland, Brazoria and Harris Counties. The services to be provided by Clean Pearland, Inc. will include, but are not necessarily limited to, maintaining an environmental learning center and keeping and distributing literature for city departments, including but not limited to, Parks, Fire Marshal, Utilities, and Police Department, and other such services as are in the best interest of the public health, safety, and welfare. 4) Lessee will furnish its own offices and provide its own supplies. Lessee shall not have the right to make valuable improvements upon premises hereby leased without prior approval of Lessor, and any improvements made upon the premises shall go with the P remises and shall remain thereon after the lease is terminated or Lessee abandons the premises. Any such improvements so remain- ing thereupon shall revert to Lessor, and Lessor shall not be required to compensate Lessee, its agents, officers, employees, successors, or volunteer workers for the same. Should the subject premises be substantially destroyed or rendered uninhabitable or unsafe or otherwise unfit for habitation by fire, windstorm, flood or act of God, this lease agreement shall immediately become null and void and Lessor shall not be required to rebuild, repair, or replace said premises or its contents thereafter. 5) In the event that Lessee shall for any reason abandon the premises or cease to use them as a facility for the provision of environmental education and beautification services to the residents of Pearland, Brazoria and Harris Counties, this lease shall immediately become null and void and said premises shall immediately revert to Lessor, together with any and all improve- ments that shall have been made upon said premises. 6) Lessee shall indemnify, keep, and hold harmless Lessor, including but not limited to, its City Council, Mayor, City officers, agents, servants, and employees from and against any and all damages, costs, expenses, and attorney's fees for all claims and suits brought by anyone, including but not limited to, Lessee and its agents, officers, employees, successors, volunteer workers, invitees, and licensees by reason of death, personal injury or property damage sustained in, on, or about the demised premises, or arising out of Lessee's construction or operations on said premises, as a proximate result of the acts or omissions of Lessee, its subcontractors, agents, servants, or employees, or arising out of any condition of the demised premises, or arising in any way from any act or omission of Lessor, whether or not caused in whole or in part by the negligence of Lessor, its officers, agents, or h of this an alleged breac o t save and except any action on a a employees, p y g Lease Agreement by Lessor. 7) It is understood and agreed between the parties that Lessee shall have the sole responsibility for the certain environ- mental education and beautification services to be undertaken by Clean Pearland, Inc. and the City of Pearland is a Lessor of the leased premises only, and has no right, duty or responsibility in performing said services to be undertaken by Lessee. 8) In addition to holding Lessor harmless, Lessee agrees and covenants to maintain liability insurance coverage in a minimum 2 411 amount of $300,000. Upon execution of lease, Lessee must provide a Certificate of Insurance evidencing the same, issued by an insurance carrier licensed to conduct business in the State of Texas. Such insurance shall be maintained in full force and effect at all times during the term of this lease, and shall name the City of Pearland, Texas and its officers and employees as additional insureds. Failure to maintain such insurance, as required, shall be deemed as an abandonment of the demised premises by Lessee, and shall give Lessor the right to declare this lease null and void. 9) The parties understand and agree that Lessee may not sublease or assign any portion of these premises to other entities. 10) This lease agreement shall not be contingent on Lessee's contract with the City, and Lessee will be allowed to continue to use said space pursuant to the terms of this lease agreement notwithstanding any other agreement involving Lessor and Lessee. 11) This agreement shall be binding upon the successors and assigns of the parties hereto as though they had signed this agreement originally. EXECUTED this /d day of (.�L��Z /Z�X. 1995. LESSOR CITY OF PEAR Amp i BY: DAVI M` ITH MAYOR PRO TEM ATTEST: TOMMIE JEAN V L INTERIM CITY SECRETARY LESSEE CLEAN PEARLAND, INC. BY: A, ..af I 44.4. 3 i CRuj of ©wII©nd 31 s t (26-) of Respect WHEREAS, ON THE 28TH DAV OF MARCH, 1995, DEATH FROM THIS LIFE BROUGHT TO A CLOSE THE ACTIVE LIFE OF C.V. "VIC" COPPINGER, BUT HIS GOOD DEEDS AND GUIDING WIT AND WISDOM LIVE ON; AND WHEREAS, OVER THE YEARS VIC'S SERVICE AND LEADERSHIP IN THE COMMUNITY HAVE LEFT MANY MEANINGFUL MARKS ON THE DEVELOPMENT AND QUALITY OF LIFE IN PEARLAND; AND WHEREAS, SUCH CONTRIBUTIONS HAVE BECOME A PART OF THE FOUNDATION UPON WHICH THIS CITY STANDS; AND WHEREAS, AS MAYOR OF THE CITY OF PEARLAND, HE CONTINUED TO SERVE THE COMMUNITY WITH VISION, EN- THUSIASM, AND COMMITMENT. BE IT THEREFORE RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DOES, BY THIS RESOLUTION AND PUBLIC RECORD, RECOGNIZE THE PROFOUND INFLUENCE OF VIC COPPINGER UPON THE DEVELOPMENT OF PEARLAND, TEXAS, RECOGNIZING FURTHER THAT HIS PASSING IS A DISTINCT LOSS TO THE CITY IN WHICH HE WORKED AND WON DEEP RESPECT AND AFFECTION. BE IT FURTHER RESOLVED, THAT THIS RESOLUTION BE SPREAD UPON THE MINUTES OF THE COUNCIL AND DUPLICATE ORIGINALS BE MADE THEREOF, WITH ONE COPY BEING PRESENTED TO THE COPPINGER FAMILY AND ONE COPY BEING DISPLAYED IN THE COUNCIL CHAMBERS, IN RECOGNITION OF MR. COPPINGER'S RESPECTED PLACE IN THIS COMMUNITY. ADOPTED THIS 10TH DAY OF APRIL, 1995 I Mayor o -T¢m ouncilmemb Councilmember Councilmember rcilme Lam► nci RESOLUTION NO R95 -22