Loading...
HomeMy WebLinkAboutR84-679RESOLUTION NO. R84-679 ©0 A RESOLUTION OF THE CITYCOUNCiL OF THE CITYOF PLAINVIE~, TEXAS, AUTHORIZING THEMAYORTOENTERiNTOALEASE AGREEMENwf WITH THEPIAI~HUMANE SOCIETY, INC. FOR OFFICE AND KENNEL SPACE IN~HECITYOF pi2k~ANiMAL SHELTER. HIqEREAS, the City of Plainview has recently completed a new animal shelter and offices for the Animal Control Department; and WHEREAS, the Plainview Humane Society, Inc. has offered to staff the City Animal Shelter office as a convenience and assistance to the general public in exchange for the use of office space and twelve (12) kennel runs located in the animal shelter; and WHEREAS, this arrangement has been discussed with the City, and is found to be agreeable contingent upon the two parties entering into a formal lease agreement stipulating the responsibilities of each: NOW, THEREFORE, BE IT RESOLVI~D by the City Council of the City of Plainview, that the Mayor be authorized to sign and enter into an agreement on behalf of the City with the Plainview Humane Society, Inc., leasing office space and kennel runs to the Plainview Humane Society, Inc. for the consideration of the Society staffing the shelter office and the annual rental fee of one dollar ($1.00). PASSED AND APPR~ this the 24th day of January, 1984. - - ER, Mayor 441 STATE OF TEXAS § LEASE AGREEMENT COUNTY OF HALE This Lease Agreement entered into this 24th day of January, 1984, by and between THE CITY OF PLAIN~IEW, hereinafter referred to as "Lessor", and THE PLAINVIEW HUMANE SOCIETY, INC., hereinafter referred to as "Lessee". I Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, one (1) office, twelve (12) animal runs, in the City of Plainview Animal Shelter located in Plainview, Hale County, Texas. II The term of this lease shall be for a period of ten (10) years, hereinafter called the lease term, commencing on January 1, 1984, and ending on December 31, 1993. III For and during the term of this lease, Lessee shall pay to Lessor as rental for the leased premises an annual rental of ONE AND NO/100 ($1.00) DOLLAR per year, with the first payment being due and payable on January 1, 1984, and a like payment being due and payable on the same day of each year thereafter until the termination of this lease. IV The leased premises are to be used in connection with the official business of The Plainview Humane Society and Lessee shall restrict its use to such purpose, and shall not use, or permit the use of, the leased premises for any other purpose without first obtaining the written consent of Lessor. V Lessee shall not commit, or allow to be committed, any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. VI Lessor represents that the premises are in fit condition for use as described in paragraph IV. Lessee agrees to accept the premises on possession as being in a good state of repair and in a sanitary condition. Lessee agrees to surrender the leased premises to Lessor at the end of the lease term in the same condition as when Lessee took possession, allowing for reasonable use and wear and tear, as well as damages by act of God, including fire and storms. VII Lessee agrees not to assign or sublease the leased premises, any part thereof, or any right or privilege connected therewith, or allow any other person, except Lessee's agents and employees, to occupy the premises or any part thereof, without first obtaining Lessor's written consent. Lessee's interest in this lease is not assignable by operation of law nor is any assignment of its interest herein without Lessor's prior written consent. VIII If Lessee breaches this lease, Lessor shall have the following remedies in addition to any of the rights and remedies provided by law in such event: a. Lessor may re-enter the leased premises immediately and remove all of Lessee's personnel and property there- from. Lessor may store the property of Lessee in a public warehouse or at another place of its choosing at Lessee's .expense or to Lessee's account; b. After re-entry, Lessor may terminate the lease on giving ten (10) days' written notice of such termination to Lessee. In such event, Lessor may re-let the premises or any part thereof, for any term, at such rent and on such terms as it may choose. IX Lessee agrees to indemnify and save Lessor harmless from any and all claims for injuries or damage to persons or property occa- sioned by or arising by reason of the Lessee's use of the leased premises. -2- X Lessee shall file with the City Clerk of the City of Plainview, Lessor, a policy of insurance (or a certificate showing that said policy has been issued) carrying liability insurance in the amount of $300,000.00 for each accident or occurrence, which said policy of insurance shall be, for the purpose of paying any claims arising against the Lessor by reason of Lessee's operations or use of the leased premises. Said policy of insurance shall be primary insofar as any such injuries of damages as may occur, and any liability insurance carried by Lessor shall be secondary to the liability of the Lessee or its insurance carrier in regard to the indemnity and agreement herein provided for. XI Lessee shall file with the City Clerk of the City of Plainview, Lessor, a policy of insurance (or a certificate showing that said policy has been issued) carrying workers' compensation insurance on Lessee's employees and Lessee shall maintain in full force and effect said policy during the term of this lease. XII Lessee shall file with the City Clerk of the City of Plainview, Lessor, a bond (or a certificate showing that said bond has been -issued) carrying fidelity insurance on the employees of Lessee and shall maintain such bond in full force and effect during the term of this lease. XIiI Lessee shall maintain a separate petty cash fund, which fund shall not be accessible by any employee of Lessor. Lessee further agreed that the office space described above shall be manned only by paid employees of Lessee and no other person. Lessee and its employees~-~'shall at all times abide by all rules and regulations as se~sbyethei~i~ec ~%°r of Public Safety concerning the operations of the Animal Shelter Facilities. -3- Ail obligations of this lease shall be performable in Hale County, Texas and the law of this State shall govern the resolution of any legal dispute. EXECUTED in multiple copies this 24th day of January, 1984. ATTEST: Walter S. Dodso~, City Clerk THE CITY O%~AINVIEW ~.. V. Ridlehuber, Mayor PLAINVIEW HUMANE SOCIETY, INC. ~_~ p~9~ent · % S ecret~r~ -- -4- Year PROPOSED TAxX SETTLEMENT WITH LOCAL BANKS Bookvatue % rate collect 1981 CNB 3,526,931 FNB 3,077,810 HCB 4,037,810 X'70% = 2,468,852 X .4863 = 12,006 X 70%= 2,154,467 X ~.4863 = 10,477 X 70% = 2,826,467 X .4863 = 13,745 36,228 1982 CNB 4,729,575 FNB 3,436.,998 HCB 4,926,929 X 70% = 3,310,703 X .486'3 = 16,i00 X 70% = 2,405,899 X .4863 = 11,700 X 70% = 3,448,850 X .4863 = 16,772 44,572.~ TOTAL ASKX~TOBEAPPLZED TO FLYIIIRETAXES $33,927 retain for tax credit (5,145) (4,490) (5,891) (15,526) (5,014) (7,187) (~, 401) 1983 Ck~ 5,579,569 FNB 4,069,144 HCB 5,208,760 X 35% = 1,952,849 X .5600 = 10,936 X 35% = 1,424,200 X .5600 = 7,976 X 35% = 1,823,066 X .5600 = 10,209 29,121 Tax loss (20,309) (14,811) (18,960) (54,080) LOSS OF THIS TAX BASE ISEQUALTO 1.59¢ ON T}tETAXRATE