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    Austin Youth River Watch lease agreement with City of Austin

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    Austin Youth River Watch lease agreement with City of Austin

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    Austin Youth River Watch lease agreement with City of Austin

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    Austin Youth River Watch Lease Agreement With City of Austin

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    Austin Youth River Watch lease agreement with City of Austin

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    a. ACA coins MEMORANDUM OF LEASE Effective Date: November 1, 2008 Lessor: City of Austin, Texas, a Texas hotne-fule municipal corporation situated in Hays, Travis and Williamson Counties, Texas, acting through its duly authorized City Manager, or designee, who for purposes of this document is Lauraine Rizer, Officer of the Office of Real Estate Services. Lessee: Colorado River Watch Foundation, d/b/a Austin Youth River Watch, a Texas non-profit corporation Pursuant to that certain Lease Between Austin Youth River Watch and the City of Austin Water ‘and Wastewater Utility, dated effective as of November 1, 2003, as amended by that certain ‘First Amendment to Lease, dated effective November 1, 2008, (as amended and as may be further amended from time to time, the “Lease”), Lessor leased to Lessee and Lessee leased from Lessor approximately 0.999 acre of land (and the improvements located thereon) out of the Reuben Hornsby Survey No. 17 in Travis County, Texas, locally known as 10611 Platt Lane, ‘Austin, Texas 78725, as desctibed in the General Warranty Deed to the City of Austin, recorded in Document Number 2000002637, Official Public Records, Travis County, Texas, and as more particularly described on Exhibit “A” attached hereto. The term of the Lease expires November 1, 2028. ‘LESSOR: CITY OF AUSTIN, TEXAS LESSEE: COLORADO RIVER WATCH FOUNDATION, d/b/a AUSTIN YOUTH. Date; fz, [20lt STATE OF TEXAS COUNTY OF TRAVIS Before meAmanda Tavielle_ Glasscock _, Notary Public, on this day personally appeared Lauraine Rizer, Officer, Office of Real state Services of the City of Austin, Texas, a Texas home-rule municipal corporation, known to me personally to be the person whose name is subscribed to the foregoing instrument and acknowledged that she executed the same for the purposes and consideration therein expressed, Given under my hand and seal of office on November Es 2011. ANAND JANELE GLASECOCK. AMANDA JME GLAS ‘Notary Public, ‘My Commission Expres ‘ApH 17, 2013. STATE OF TEXAS § § COUNTY OFTRAVIS — § Before me Amanda Janelle Glasscock, Notary Public, on this day personally appeared R, Brent Lyles, Executive Director of Colorado River Watch Foundation, d/b/a Austin Youth River Watch, a Texas non-profit corporation, known to me through valid identification to be the person whose name is subscribed to the foregoing instrument and acknowledged that he executed the same for the purposes and consideration therein expressed, Given under my hand and seal of office on November 1", 2011. ‘AANDA INL eAs;COR feta Abe, Sune offonss ‘My Commission Beaten apm 018 ‘Notary Public, (Gil CO ERQUBIT A : CITY OF AUSTIN (0.999 Acres DESCRIPTION OF 0999 OF ONE ACRE OF LAND: OUT, OF THE REUBEN HORNSBY SURVEY NO. 17 1N ‘TRAVIS COUNTY, TEXAS, RECORD IN VOLUME 3331 PAGE 2272; DRED RECORDS, TRAVIS ROUNTY, TEXAS, SAMB BEING A PORTION OF LOT A, ARNOLD ADDITION, A SUBDIVISION OF REGORD IN BOOK 75, PAGE 195, , TRAVIS COUNTY, TEXAS, AND A PORTION OF SAD AMORE PARTICULARLY DESCRIBED BY METES AND ‘BOUNDS AS FOLLOWS: [BEGINNING at 1/2" iron sod found at the southeast comet of this tract, of said Amotd tract, and of said Lot A, Arnold Addition, same being the southwest corner of that certaln. ‘haot described in a decd to Lillie Ann Rhodes, ‘of record in Volunie 9776, Page 72, Real ‘same being in the north line of that certain tract Property Reoords, Travis County, Texas, sreegoed in a deed to Bllen Kato Rhodes Amold, a8 Tract 7, of record in’ Volume 8645, Page 877, Real Property Records, Travis County, Taxi [TEENCE, with the sout tine of his tact, oF sid Kemnath Anos Ws and said Lot Ay same being the north line of said Arnold Tract 7, Ne2°29'26"W 208.49 Sect to a V2" iron rod sot at the southwest corer of this traot and ‘of said Kenneth Amold tract, same being fm angle point inthe noth line of sald.Amold Tenet 7, some also being in the east Tine of that certain tract deseribed in a deed to ‘Bad P. Madison and Deborah A. Madison, Of Teuord in Volume 12358, Page 199, Real Property Records, Travis County, Texas; “TRLENCE, with he west lin of this tact, of sed Kenneth ‘Amold tract, and seid of Lot Ay same being the east line of said Madison ‘ack, NIPA'II"E at 29.96 Foot passing the ‘most enstedly northeast comer of ‘said Madison tract, same being the ‘southeast corner of {nt cortzin trot dosoribed in a deed to Berl P. ‘Madison and Deborah A, Madison, of Sipord in Volume 9089, Page 274, Reel Property ‘Records, Travis County, Texes, and reer withthe cast Zine of said Madison tact fn “Volume 9089, Page. 274, crossing wag Lot A, at 20429 feet passing the south line of soid streot widening strip, and vntinang teross cod stroet widening oti, ix alle total of 208.29 feet to e 3/8" irori rod SC oomer of tis tract and of said Kenneth Amotd treo, Fas ‘being found at the northwes : found Shoat comer of suid Madison tot in Volume 9089, Pegs 274, same also being in , a C Exhibit “A 0.999 Acres Page 2 the north Tine of suid street widening erp, sme being inthe previous south Hine of seid ‘Platt Lane; . : 7 rth line of this trast, of ssid Kenneth Arnold tract, and of said street being the previous south line of said Platt Lane, (862°35'S7"E 209.01 feet to a 1/2" iron ‘rod set at the northeast camer of this traot, of said Kenneth aaa een: wad of said seat widening arp, fom which pont » 1/2" iron ro found ‘pears N27°29'51"E 0.18 of ono foot, same being the ‘northwest corer of said Lillie Ann Rhodes traat; “THENCE, with tho m widening stip, same “THENCE, withthe east Lie of this tran, of aid Kenneth Amold tipo and of said street foe gent in wring ©) Failure to abate any nuisance specified in weiting by the Landlord's gent within a reasonable time specified in waiting. @) —Tenanr’s assignment of this Lease or subletting of the Property. assignment or subletting: (4) Failure to have in effect policies of contractor's insurance, : insurance. attempted and/or workers’ compensation insurance 25 required by the Ci. (5) Failure to timely begin ox complete routine maintenance and upkeep gf the House. (@) Abandonment of the Proper (2) Failure of Tenant ro cossect any other breach in the pecformance o any other covenant or condition of this Lease. ° seevance of | pon teemination of this Lease, tile wo the House automatically vest in the City, which mpy enter and sksume possession, by summary proceedings, or by action at law or in equity or by force de odherwise, ‘without being Hable in trespass oe for any damages. The foregoing rights and cemedies given tthe and will be deemed to be, cumladive of any ather sights of che City under law. The exerciseloF any sight ‘must not be deemed ro be an election of dights. The faluce of the City at any time to exercis# any eight or remedy does nor operace 38 2 waiver of is tight to execcise such tight or remedy ar any other ng aruce time. 45. Notice, Any writen notices cequited of authosized by dhis Lease, must be i writing and sent 10 the address below, oF to the lawest address toc aotice which the mailing pace has Foc the recipient ar the time of mailing. ‘The notice will be deemed delivered three days after itis deposited in the) CS. mal, if pxopedy auldsessed 10 the reveiving party a its address for notice, with postage prepaid, by ceetified mai. feruen receipt requested, or upon the date the notice is ceceived, if delivered by hand, as evidenced by ‘weinen acknowledgment of receipt If Tenane Name: \uane Camb Sante Suh Addeess| Platt Lane, Austin Texas 78725 Travis Councy Phone: 5 312. Ar: Tide If wo City: Cig of Austin Water Uelty Arn: Ches Lippe, Director Sweet 675 E. 10% St ‘Austin, Texas 78701 Teavis Councy Phone: 512.972.0108 Fas: 5129720111 Nothing herein may be deemed ationship of geacioal and ag the parties hereto, mar be deemed ro Landlord and Tenant. 17, Amendments, No changes or modificasions 10 dus Lewe provision waived. unless in wring signed ke 1 dulr awthorized reoresentance ‘supersedes ail previous agreements beneen rhe partes 13, Inspection, ssenniriees he eghe 99 e Resolution. of Corporate Authority A BE IT RESOLVED, that CAarles Freeman Frest (title or ‘name and, title} of Colorady Rive bdateh foun dashin {corporate pame} is hereby authorized to sign any and all documents on behalf of said Corporation.” | | Certification i | » Laps fica (yamey as __ foes | ey or forade River Wately Foun {corporate name} (“Company”), perify that the ing & a true and scouralo transcript of a Resolution adpted at the january 10, (date) Board meeting. Company is a corporation duly organized and Smisting unde? the Taws of the State of. 0S. The Company’s Bgard of Directors Stopted the Resolution, which is contained in Company's minute book, at a duly authorized board ing. A quorum of Company’ Board of Directors was present at the entire board meeting an all tetions taken at the meeting complied with Company's charter and by-laws. ‘The Resolution has not teen amended or revoked on the date signed below, and remains in full force and effect. Signed on Tsay AF 2004. [ACKNOWLEDGMENT STATE OF TEXAS 5 COUNTY OF TRAVIS 8 petore me, Caucolyn Es Schult (came ne undarsigned Notary Puc ofthe State of cas cee oe aS, dipeaied Chacles, recmann Tergoue one} (onown to me Texas oe time ough 19 nce 158R-T_—(TOLP}, to bo te person whos Hamels subsorbed oF proverogolng instrument and acknowledged to Te that she executed the same “ purposes and consideraffon therein expressed. ven uncer my hand an seal ot ttc his LY day ot Tanuarsy vag ~ Ons | Notary Public, Stagot Texas ew Lease Between Austin Youth River Watch and the ‘Water and Wastewater Utility of Austin “This lease (“Lease”) is berween the City of Austin Water Utility (‘Landloed”) and Austin Youth River Watch (“Tenant”). Landlord leases to Tenant a house (“House”) located at 0611 Plate Lane, Austin, ‘Texas 78725 (collectively called “Property’). The Director of the Ausrin, Water Uslity is designated as the Landlord's agent (“Landlord's Agent”) for purposes of administering this Lease. i 1. Tee Tete this Let 5 yeu tgiingon November 1, 206 nd otining ‘until tecmiaated. ‘The Tenant may teaninate this agreement upon giving 90 days ‘written nose to the Landlord, ‘The Landlord may terminate this agreement upon giving 90 days weitten notice 10 Tenant, who nist vacate the Property within 90 days of termination, unless a shorter timeframe f gived for temniaton due to events of default. : 1 Rem, A cone ce gfe ape Te Tere 998 City an amount of $1.00 per anaum, all payable in advance on the Commencement Date and not refundable; ‘Tenant is responsible forall improvements. smaintenance and upkeep during the Term of the {Lease all of which is additional considecation for this Lease, Further, Tenant shal farigh and equip the ‘Tiouse, maintain the House, and provide acess 0 the Huse, all s additional consideratidn for this Lease. No subleting or poviing works space for anne oulsle he AYR omanization, | 3. Biosolids Land Application. Tenant is ware of and accepts that biosolids land spplicaions and associated odors will gone on adjavent Homsby Bend Biosolids Management Pant fekds tad that application cates may vary from standard agronomic rates a8 needed for research purposes. Tenant hall restrict and prevent any access to these fields by their organization's members and visitors. Tenant is ‘aware of and accepts a 150-foot land application setback from the established boundacieg of the Property and House, 4. Furnishing House. Tenant shall be responsible for furnishing and equipping the House foc Tenant's purposes; City has no obligation to fornish any equipment ot Furnishings fog the Tenant. All personal property furished by ot on behalf of Tenant remains the propery of Tenant ynless specifically Gonated to City by written instrument, 5. City Access and Tours. Specified postions of the Property and Hoyse must also be available duting Public Hours for touts of the Property and the House, as deteamined in advance by Tenant and City of Austin Representatives, ADA Accessibility. Tenant must ensure that the Propeny and House de in compliance with the requirments of the Amescans wih Disables ct of 1990 and all ter apie fede, sate i 10¢ loca laws or regulations. 7. iilses. Tenant stall pay in a timely manner, all charges forall wali Propet which include bu are no mite to elecuicl, gs, wephone, and gurboge, | 8. Condition of Property. Tenant has examined and accepts the ie its present secvices to the conulton, as is and as suitable forthe purposes for which they ae leased. Landlord's Agent has made no Statements oc representations 10 Tenant ceganding the condition ot suitability of the [Property for the purpose foc which they ae being leased and Tenant i relying om its own investigation ofthe Property i THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A. PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE) EXPRESSLY STATED IN THIS LEASE. 9, Maintenance and Repairs, Tenant must provide all maintenance and cepaic for property und House. Ac the termination of the Lease the Tenant shall return the Property in good order and condition, oral wear anc tear excepted. Normal wene and rear is defined as deterioration, which occurs wit Corelessness, accident, or abuse.—[tviil nor he the Cine of Austin’s exsprnsibiine on mamas x cesar a ssgectatihe lea popes, A 10. Alterations. All permanent alterations, additions, and improvements installed ar Tenants expense become the property of the Landlord, remain upon, and are sure Property at teanination of che Lease. Temporary improvements, such as porable buildings, remsin che propenr of the Tenant and must be cemoved Fm the Propery upon teanination of ys Leise. Any eet he Popes, wheter moor o° pean mst be apposed br ina iL Tasurance. 411 General Requirements. Tenant shall eazy insucance in the ypes and aspouass indicated below for the Tetm of this Lease. Poe to the Commencement Date, Tenant shall obiin che cequired insurance and provide Landlord's Agear with a Cerficar of Insurance as proof of eaveriye. If coverage pediod ends during the Term of this Lease Agreement, Tenant must, poe © the end pf the coverage Sono, forward a new Cerificate of Insurance fo Landlont’s Agent as vedifiction of confining covenge Bc the duration ofthis Lease Agreement. Approval of insurance by the City and the re does not selieve or decrease the lability or responsibility of the Tenant hereundee construed to be a limitation of labliy on the part of the Tenant. Tnsurance coverage Companies licensed to do business ia dhe State of Tests at the time the policy isis Sten by companies with an A.M. Best eating of B+VII or bettes. All endorsemenss ri “edisonal insured, waivess, and novices of cancellation endorsements as well as Tasurance must indicate: must nor be be writen by and must be ing dye Ci Ficate of P.O, Box 1088 \uatin, Texas 78767-8838 fr is intended that policies cequited ia this Lease, covering Tenant fand te City as an sre consideced (© provide primary coverage as applicable, the “other” insurance clause the City where the City is an additional insured shown on any policy. 1f insurance poli ‘pe amounts specified below, Tenant shall earey Umbrella or Excess Linbilite Insurance % ‘a amounts speciting, 1f Excess Linbilig Insurance is provided, ic muse tsllow the toe Coverage. City is entided, upon cequest and withour expense, 1) receive certified copxy fr Endorsements thereto. City resecves the right ro review the insurance requirements ser forth dung the we period of “his L peasonable adizsemeare vo i " seemed] decessary and prudent be history of the indusery or financial condition of the insurance campane as well 1 or cause OF geemit ane insuance m lapse rm Le canceled during she Tem > 3e respensible for pasment of premiums. deducabies and seifunsused rerennions, ws Ut deductibles or selt-insuced serenticns must be disclosed on she “eriticare of Insust frinnal insures ener apple are nor wines, of the onunary 112. Specific Coverages. 11.2.1. Property Insurance. The Tenant shall be responsible for providing prope! for furnivare, equipment, machiners, goods ox supplies which Tenant may bring or bt Proper ry coverage upon the 1.2.2. Commercial General Liability Insurance. The Policy must conssin provisions: 'a) Blanket contractual liability coverage for liability assumed under this Lease Agmeement and all contracts relative to this Lease Agreement: 1b) Independent Contractors coverages ©) City listed as an additional insured, endorsement CG 2010; 4) Thirty G0) Dag Notice of Cancellation in favor of City, endorsement CG 0205: €) Waiver of Transfer of Recovery Against Others in favor of City. endorsement GG 2444 following ‘Tenant shall provide coverages A and B under the standard Commercial General Liahilite policy ‘with minimum limits as follows: A combined bodily injury and propery damage limit of $1,000,000 per oceutrence 13. City’s Liability Insurance Tenant understands that Cigy is a self-insu: ‘not maintain commercial general liability insurance coverage. 12, Indemnity, Tenant must fully indemnify, save and hold ha City, its officers, employees, and agents against any and all lability, das aims, demands and actions of any nature whatsoever on account of, injusies (including, without limitation on the foregoing, premises defects, workers’ compensation and death claims), or property loss or damage of dny kind whatsoever, which atise out of or are in any manner connected with, ot are claimed to arise out of or be in any way connected with, the performance by Tenant of its obligations under this Lease Agreement or Tenant's use, operation or occupancy of the Property or House. Tenant shall at its own expense investigate all sugh claims and demands, attend to their settlement or other disposition, defend all actions based chereon and pay all charges of attomeys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, andjactions. ‘This obligation survives cermination of the Lease. 13. Compliance with Laws. Tenant must prompdy comply with all applicable feleca. nace, and local ordinances. regulations. and codes, including, without limitation, ail ordinance: o¢ feaulason+ rmposéd by che Cir ro correct. prevent. aad abate nuisances or code violations ia er conn és Property or House during this Lease. at Tenants sole expense and cost. Further, Tenant 2 icees mast comply with Any ecies and seguladons 2 in wating ©) Fate so abate any mussnee specified in wekng by the Lancords Ageat within 2 reasonable time specified in wating, ) Tenants assignment of this Lease or subletting of the Propeny, or kttempred assignment or subletting. (4) Failure to have in effect policies of contractor's insurance, lnbiley insurance and/or workers’ compensasion insurance as required by the Ci (5) Failure to timely begin oc complete routine maintenance and upkeep of the House. © Abandonment of the Property. ( (1) Failure of Tenant to correct any other breach in the performance or observance of any other covenant or condition of this Lease. Upon termination of this Lease, tide to the House automatically vests in the Ciry, which may assume possession, by summary proceedings, or by action at law or in equity or by force or brtecwise, ‘suhour being liable in wespass oc for nay damages. The foregoing tighrs and cemedies given ro die City are, and will be deemed to be, cumulative of any other cights of die City under law. The exercise of any cight must not be deemed to be an election of rights. The filure of the City at any rime « exercise ats tight or remedy does not operate as a waiver ofits right 0 exercise such tight oF remedy at any orter oF fi 15. Notice. Any weinen notices required or authorized by this Lease, mut be in sear to the address below, of to the latest addeess for notice which the mailing pat hus For the the time of mailing, The notice willbe deemed delivered thee durs after iis deposed in the US. ena if propedy addressed to the receiving pacty at its addeess for notice, with postage prepaid, by cecgfied ml, Feruen rece requested, or upon the date the notice is received, if delivered by hand, is evidenced by ‘ween acknowledgment of receipt. If Tenant Name: Sut Address GL; Platt Lane, Austin Texas 78725 Teavis County Phone: 512Faxc 512 Tide to Ci City of Austin Wate Ueiley Ars: Charis Lippe, Director Street 625, 108 St ‘Avstia, Texas 78701. Teavis County Phone’ 512-972.0198 Fay, 5129720111 i 16. Landlord/Tenant. {cis agveed and understood that re pes mend and Jandlonl/tenant elavonshio, and his Lease must be construed conclusively in ve 2f Nothing herein mar be deemed o¢ construed by the parties heeeto, nor by ans hind nar acionshie = 2 a 1 the parues hereto, ma be deemed create any telaconshio benween the parues Landlord and Tenant. 47, Amendments, No changes or modifications ro dus Lesie ay cvision waived, unless in writing signed be 1 Juiv authorized represensinre 7 ea! inspect same. This provision isin addition ro any eight thac the City of Austin may have in dhe sequlatory authority over any operations on the Property. ise oF ts pasnefecsscnsmasais 19. Condemnation. If ang part of the Property is condemned by a goverment entity. o conveyed in lcs of condemnation, so tha such condemnation or convevance renders Tenane'uze of the Propecry impossible, ten this Lease wil teeminate. IF there is a condemnation oc purchase in lew of condemnation and this Lease is 9ot terminated, Landlord will restore the Propecty and may adj the cent payable ducing the unespzed team as mar be easonable and fai. / “Tenant has no claim to the condemnation award or proceeds in ie oF esdemaation. 20, Taxes. “This Lease is made and accepred subject 10 all ad valorem rans chat maz be levied and assessed on the Propecy, the Flouse and/or its funshings and cantents during hg Lease the timely payment of which is heceby assumed by Tenant. ; ‘Additionally, Tenant covensnts to timely pay paycoll raxes, Medicace nuxes, tenemployment taxes, and all ther related tases according to Cixcular E Emplover's Tax Guide, publication 15, as it may be amended, Tenant must provide proof of payment of these taxes to the Landlloc!’s Agent within his/her weiten request thecefoce. Faucet pay or provide proof of pasment is grounds for immexe teominaon of this Lease r 21. Miscellaneous. 1 A, Dispute Resolution Ifa dispute arises between Landlord and Tenang)the parties ageee o> attempt t0 cesolve the dispute by negotiating in good faith. IF che dispure is na ees negotiation, the pasties agree to submit in good faith ro mediation before filing « suit foe dauthaes ‘pay will pay for one-half of the cost of mediation, unless the parties agree otherwise. | a “ir cise, No holding over by Tenant, whether with oc withour she consent of Landlord. jill extend deem, C. _ Automeys? Fees. If either ps _eevaiing pany is endded to cecover reasonable arvomer's f D. Waivers is not 2 waives of defaule smmedinely a defn o deans in taking ang acon. Puss of ane remedies preclude pursuit of other remedies inthis Lease or provid by aw. Landlord and “Tena in adery Covenants, Tenants covenant 2 piv ent and independent of eat oxhee. Except as otherwise provided, Tenant shail ace sso eB F, Nuisance. Tenant most not occupy of use, noe pemnit any portion of the Property to be occupied of used in any manner which is unlawful in part or in whole, which wil create a sitet, of which i extra hazardous. Tenant must maintain the Property in a clean and health condition. Te Tenant fl to reasonably maintain the Property in a clan and head condn, i i, pround for tecmination of the Lease, i G. Tenant's Acknowledgment. By Tenant's execution hereof, Tenant acknowledges tht Tenant asd th Lae aod undestands da this Let soot binding Gn she Cy tonal propedly authorized by the Dixeetor of the Austin Water Uiity | es eee eee dco ot nna Higa ee tne deen apn en pen & pope po

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