R2010-050 - 2010-04-12 RESOLUTION NO. R2010 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS AUTHORIZING A LEASE AGREEMENT WITH KEEP PEARLAND
BEAUTIFUL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Lease Agreement by and between the City of Pearland
and Keep Pearland Beautiful, a copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes, is hereby amended.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Lease Agreement with Keep Pearland Beautiful.
PASSED, APPROVED and ADOPTED this the 12 day of April, A.D., 2010.
TOM REID
MAYOR
ATTEST:
Y NG F T C
C SE ETARY
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1yI1II1 1 410111111 1111S
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2010 -50
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This Lease Agreement is entered into by the parties hereto on the 12 day of
April, 2010, and in consideration thereof, the City of Pearland a political subdivision,
hereinafter referred to as "Lessor," and Keep Pearland Beautiful, Inc. hereinafter referred
to as "Lessee," do hereby covenant and agree as follows:
1) Lessor does hereby lease unto Lessee, certain office space "Leased
Premises suitable for the use of Keep Pearland Beautiful in accomplishing its purpose
of providing environmental education and beautification services to the residents of
Pearland, Brazoria, Harris and Fort Bend Counties, Texas. The Leased Premises is more
particularly described as follows, to -wit:
Approximately nine hundred (900) square feet of general office space comprised
of offices space and storage area to be used by Keep Pearland Pearland Beautiful. The
space will be provided at a City facility to be determined by the City which is owned or
leased by the City.
2) The term of the agreement shall be three (3) years, commencing on the 1 day
of April, 2010, and ending on the 31 day of March, 2013. This Lease shall automatically
renew at the expiration of said term for one (1) additional year unless either party gives
the other party ninety (90) day's written notice of its desire to terminate this Lease.
During the term of the Lease, Lessor may terminate this Lease without cause at anytime
and for any reason by providing Lessee written notice of its intent to terminate on a date
certain that is a minimum of ninety (90) days after Lessee receives written notice of
Lessor's intent to terminate this lease. In the event Lessor terminates this Lease, all legal
obligations under this Lease shall and will immediately terminate. The Parties further
agree that termination of this Lease pursuant to the terms stated above shall not be
considered a breach of this Lease.
3) In consideration for this Lease, Lessee agrees to pay Lessor the sum of Four
Hundred ($400) per month "Rent which shall be payable in advance on or before the
1 day of each month as an occupancy fee to cover a proportionate share of Lessee's
telephone, coping and utility costs. In further consideration, Lessee agrees to maintain
and manage said location in a manner suitable for use by the citizens of Pearland,
Brazoria, Harris and Fort Bend Counties. The services to be provided by Keep Pearland
Beautiful shall include, but are not limited to, maintaining an environmental learning
center and distributing environmental literature for City departments as well as the
performance of other services as the Lessor and Lessee agree are in the best interest of
the publics health, safety and welfare.
4) Lessee shall furnish its own offices and provide its own supplies. Lessee shall
not make any alterations, additions or improvements to the Leased Premises without prior
written approval of Lessor, and any improvements made upon the Leased Premises shall
become the property of the Lessor and shall remain thereon after the lease is terminated
or Lessee abandons the premises; however, Lessor shall remove any alterations, additions
or improvements within ten (10) days of receipt of written notice from Lessor requesting
Lessee to remove the same, provided Lessor's request is made on or before the 30` day
following termination or abandonment of the Lease. 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, Harris and Fort Bend Counties, this Lease
shall immediately become null and void and said premises shall immediately revert to
Lessor, together with any and all improvements 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 employee 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 Leased Premises, or
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, caused in whole or in part by
the negligence of Lessor, its officers, agents, or employees.
7) It is understood and agreed between the parties that Lessee shall have the sole
responsibility for the environmental education and beautification services to be
undertaken by Lessee 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) It addition to holding Lessor harmless, Lessee agrees and covenants to
maintain liability insurance coverage in a minimum amount of $500,000. Upon
execution of this 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 insured's. Failure to maintain such insurance, as required, shall be deemed as
abandonment of the Leased Premises by Lessee, and shall give Lessor the right to declare
this lease null and void.
9) In the event Lessee shall (1) abandon the premises or (2) Lessor or Lessee
default in performance of any of the covenants and conditions required herein to be
performed by either party and such default continues for a period of thirty (30) days,
Lessor and /or Lessee shall have the right to terminate this Agreement ("Termination for
Default Each party shall give the other ninety (90) days written notice ("Default
Notice Period of its intention to terminate the Lease pursuant to this Section, and shall
have such ninety (90) days within which to cure such default and thereby avoid
termination. Failure of either Party to cure such default within the Default Notice Period
shall result in the termination of this Agreement, immediately upon the expiration of the
Default Notice Period.
10) The parties understand and agree that Lessee may not sublease or assign any
portion of these premises to other individuals or entities.
11) Lessee shall not assign or sublet the Leased Premise, in whole or in part,
without the prior written consent of Lessor. Lessee shall not have the right to encumber
the Leased Premises without the prior written consent of Lessor; provided however, this
provision shall not prohibit Lessee from encumbering any of its personal property which
can be removed from the Leased Premises without injury to the premises. Lessee shall
not use, or permit use of the Leased Premises in any manner that result in waste of the
premises or constitutes a nuisance.
12) This Lease is a contract made under and shall, be construed in accordance
with and governed by the laws of the United States of America and the State of Texas,
and any actions concerning this Agreement shall be brought in the Texas State District
Courts of Brazoria County.
13) This agreement shall be binding upon the successors and assigns of the parties
hereto as through they had signed this agreement originally.
14) This Lease represents the final agreement between the parties and may not be
contradicted by evidence of prior, contemporaneous, or subsequent oral
agreements of the parties. There are no unwritten oral agreements between
the parties.
15) Any notice send under this Agreement shall be written and mailed, or sent by
or personally delivered to an officer of the receiving party at the following
addresses:
If to the Lessor: Bill Eisen- City Manager
City of Pearland
3519 Liberty Drive
Pearland; Texas 77581
If to Lessee: Linda Cowles- Executive Director
2947 E. Broadway
Pearland, Texas 77581
EXECUTED this 12`" day of April, 2010.
LESSOR
CITY OF PEARLAND
BY:
TOM REID
MAYOR
ATTEST:
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Y `t RETARY
LESSEE
KEEP PEARLAND BEAUTIFUL
BY: 7/ 7c.
Linea Cowles
Executive Director
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Exhibit A
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This Lease Agreement is e tered into by the parties hereto on
the /C) day of Ct. , 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,phall be for fifteen (15) years,
commencing on the I ' day of �`c A Q , 1995, and ending
on the } day of `-1-Y)r l..1-\ , 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
further consideration, Lessee agrees to maintain and manage said
• 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,
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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 premises 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 riot caused in whole
or in part by the negligence of Lessor, its officers, agents, or
employees, save and except any action on an alleged breach of this
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
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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 /U day of ((/ 1995 .
LESSOR
CITY OF PEAR
BY:
DAVI -MITH
MAYOR PRO TEM
ATTEST:
W/1.1_1. da.t0
TOMMIE JEAN V
INTERIM CITY SECRETARY
LESSEE
CLEAN PEARLAND, INC.
BY: LOg 410-1 /)��' 1�u7-C
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