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21-Approve a resolution authorizing a lease agreement with Paris Habitat for Humanity for a storage building at 811 BonhamCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08/06/09 Council Date: City Manager Kevin Carruth 21. 08/11/09 RECOMMENDED MOTION: Move to approve a resolution authorizing a lease agreement with Paris Habitat for Humanity for a storage building at 811 Bonham and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Lease agreement BACKGROUND: In late 2007, as the City was preparing to place the former Police and Courts building located at 811 Bonham on the market for sale, we were approached by a coalition of local non-profit organizations (who later formed a group called S.H.A.R.E.) about leasing the property. Some of the agencies in S.H.A.R.E. were concerned about losing the leases at their current locations and there was a general goal of providing one-stop convenience for their common consumers. Council authorized suspending the property sale and directed staff to negotiate a lease with S.H.A.R.E. S.H.A.R.E was asked to provide a plan on how (1) they were going to rehabilitate the building (it is unsuitable for occupation in its current condition); (2) ongoing operations and maintenance expenses were to be paid for; and (3) how the property was going to be managed between the various agencies. In mid-2008 the City was also approached by Paris Habitat for Humanity about leasing one of the outbuildings on the south side of the property for storage of building materials. Habitat was told that we could not negotiate with them while concurrently negotiating with another group for the same property. S.H.A.R.E was unable to develop this plan and some of the original agencies have since resolved their location issues; consequently, a letter was sent to S.H.A.R.E July 16, 2009, confirming that negotiations with them were concluded so that we could begin negotiations with Habitat for Humanity. Habitat understands that the entire property will be placed on the market for sale and they may have to vacate upon 30 days notice. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yT'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court 0 Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris P16 5 Revised 2/04/08 DRAFT attorney\reswork\current\Habitat Lease 811 Bonham Res RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND PARIS HABITAT FOR HUMANITY, BEING A NON-PROFIT ORGANIZATION THAT BUILDS HOUSES IN THE LOCAL COMMUIVITY, FOR THE LEASE OF A STORAGE BUILDING LOCATED BEHIND THE FORMER PARIS POLICE AND COURTS BUILDIIVG, 811 BONHAM STREET, PARIS, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE ON SAID BUILDING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Paris Habitat for Humanity, a non-profit organization, has a need for storage facilities and has contacted the City of Paris requesting to lease the storage building located on the back of the former Paris Police and Courts property located at 811 Bonham Street; and, WHEREAS, there is no known or anticipated municipal use for the storage building and it would be appropriate to lease the storage buildings to Paris Habitat for Humanity for their use in storing building materials and equipment related to the Paris Habitat for Humanity Project, and the City Manager be authorized to sign a lease agreement on behalf of the City of Paris substantially in the form attached hereto as Exhibit A, and the same should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Lease Agreement between the City of Paris and Paris Habitat for Humaniry for the storage building located on the back of the City of Paris property located at 811 Bonham Street, under the terms and conditions of the Lease Agreement attached hereto as Exhibit A, be and the same is hereby approved. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute on behalf of the City of Paris, a Lease Agreement with Paris Habitat for Humanity, and any other documents in connection to the lease of said storage buildings. Section 6. That this resolution shall be effective from and after its date of passage. - - _(►166 PASSED AND APPROVED this 10th day of August, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Kent McIlyar, City Attorney - - - P16; LEASE AGREEMENT STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THIS LEASE AGREEMENT is made this 10th day of August, 2009, by and between PARIS HABITAT FOR HUMANITY, INC., a Texas non-profit corporation, acting by and through its Executive Director, Judy Martin, duly authorized, hereinafter called LESSEE, and the CITY OF PARIS, TEXAS, a home rule municipal corporation, acting by and through its City Manager, Kevin Carruth, duly authorized, hereinafter called LESSOR. WITNESSETH: For and in consideration of the maintenance and upkeep of the leased premises, the payment of all utilities serving the leased premises, and providing the necessary insurance for the leased premises (as further described herein), and other good and valuable consideration, the CITY OF PARIS does hereby lease, rent and let unto the PARIS HABITAT FOR HUMANITY the following described properry, to-wit: The large storage building behind the former City of Paris Police and Courts Building, 811 Bonham Street, Paris, Texas ("leased premises"). The initial term of this Lease shall be for a period of for two (2) years, beginning on the 15th day of August, 2009, and ending on the 14th day of August, 2011, and thereafter may be extended for successive renewal terms of twelve (12) months upon consent and agreement of both parties. THE PARTIES FURTHER AGREE as follows: 1. That LESSEE will use and maintain the leased premises for storage of building materials and equipment related to the Paris Habitat for Humanity Project.. 1 EXHIBIT~ - %-,f? 1 2. That LESSEE will be responsible for the maintenance, repair and upkeep of the said leased premises throughout the term of this lease, ordinary wear and tear excepted. 3. That LESSEE agrees to indemnify, save, keep and hold LESSOR, its elected officials, officers and employees harmless from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and/or properry occurring on the leased premises resulting from LESSEE's, its invitees, agents, servants or employees' use and enjoyment of the leased premises; and LESSOR shall not be liable to LESSEE, its invitees, agents, servants, employees or visitors due to the condition of the leased premises or improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, LESSEE hereby waives any claims for defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries occurring on the leased premises during the term of this lease. 4. LESSEE must, at all times during the term of this Lease Agreement, and during any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $300,000.00 per person and $300,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying the City, its elected officials, officers and employees from and against any and all damages, personal injuries, or property damages sustained by any person in or upon the leased premises, or any part thereof during the term of this Lease Agreement or any extensions thereof. LESSEE shall be solely responsible for paying all premiums on all insurance policies required. It is expressly required that such insurance policy or policies shall be written and issued by a reputable insurance company properly capitalized and licensed by the State of Texas to sell commercial insurance policies in the State. LESSEE further agrees that any general commercial liability policy obtained to satisfy these requirements shall list the City of Paris, its elected officials, officers and employees as Additional Insureds under the general commercial liability 2 - . t" 16~ policy. Copies of the required insurance policies and/or properly executed Accord Certificates shall be filed with the City Clerk for the City of Paris, P. O. Box 9037, Paris, TX 75461-9037, prior to the City's execution of this Lease Agreement and annually thereafter throughout the term of this Lease or any extensions thereof. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. 5. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereof shall be given to LESSEE by LESSOR, and in the event such default, failure or refusal has not been corrected or performed within thirty (30) days from the date of such notice, then this Lease may be terminated at LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased premises and remove all persons, property and effects therefrom, all and every claim for damages for or by reason of said re-entry being expressly waived by LESSEE. 6. That either parry hereto may, at its option, terminate this Lease by giving the other party thirty (30) days advance notice, in writing, of such intention. 7. All notices provided for herein must be made by registered or certified mail, return receipt requested, to the following addresses: If Lessor: City Manager With a copy to: City Clerk City of Paris City of Paris P. 0. Box 9037 P. 0. Box 9037 Paris, TX 75461-9037 Paris, TX 75461-9037 If Lessee: Judy Martin Paris Habitat for Humanity P. 0. Box 1555 Paris, TX 75461-1555 3 --c170 8. This Lease may not be assigned or sublet by LESSEE without the prior written consent of the Paris City Manager. 9. The parties agree that the laws of the State of Texas shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas. 10. No waiver of the either parry's rights under this Agreement shall be deemed to have been made unless expressed in writing and signed by an authorized representative of that Party. 11. The terms of this Lease Agreement are binding on and the benefits herein inure to the heirs, administrators and executors of LESSOR and the successors and assigns of LESSEE. EXECUTED O1V the dates shown in the aclmowledgements below. By: ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney CITY OF PARIS, TEXAS, LESSOR Kevin Carruth, City Manager 4 • %0 r 171 PARIS HABITAT FOR HUMAIVITY, LESSEE Judy Martin, Executive Director STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared KEVIN CARRUTH, City Manager of the City of Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 2009. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JUDY MARTIN, Executive Director of Paris Habitat for Humanity, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of .2009. Notary Public, State of Texas 5 rl7,21