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2022-41RESOLUTION 2022-41 COUNCIL MEMBER WILLIS INTRODUCED THE FOLLOWING RESOLTUION: WHEREAS, the City of Blair, Nebraska has been presented with an Agreement between the City of Blair, Nebraska and the Washington County Recycling Association, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement attached hereto, marked Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that may be necessary for approval of said agreement. COUNCIL MEMBER WILLIS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HAFER. UPON ROLL CALL, COUNCIL MEMBERS FERRARI, HAFER, HIGHFILL, PAULSEN, WOLFF AND WILLIS VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF DECEMBER 2022. ATTEST: r14A WHEELER, CITY CLERK RASKA ) ) :ss: W ON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDAWHEELER, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 13th day of December 2022. BRENDA WHEELER, CITY CLERK LEASE AGREEMENT THIS LEASE AGREEMENT entered into on this 13th day of December, 2022, by and between the City of Blair, Nebraska (hereinafter referred to as "Blair"), and the Washington County Recycling Association, a non-profit corporation (hereinafter referred to as the "Association") WHEREAS, Blair and the Association have been cooperating in recycling efforts within the City of Blair and Washington County; and, in approximately 1992, Blair and the Association entered into an agreement, a portion of which authorized the Association to utilize a part of the premises described as Tax Lot 189, in Section 12, Township 18 North, Range 11, East of the 61h P.M., Washington County, Nebraska, for recycling efforts of the Association. WHEREAS, the Association has received a One Hundred Fifty Thousand Dollar ($150,000.00) grant, the purpose of which is to construct a new facility for the Association's recycling efforts and that the parties agree that the Association may move its recycling operation from Tax Lot 189, in Section 12, Township 18 North, Range 11, East of the 6th P.M., Washington County, Nebraska, to a portion of Tax Lot 256, in Section 12, Township 18 North, Range 11, East of the 6th P.M., Washington County, Nebraska, which is real estate owned by the City of Blair. An Agreement was reached between the Association and the City on August 15, 1998, in which the City and the Association entered into a Lease Agreement for the new location and building. WHEREAS, the Association has continued to operate as a non-profit recycling center in Blair, Nebraska and the City has continued to benefit from the non-profit operating the recycling center. The Association has expanded the recycling center on the property since the date of the August 15, 1998 Agreement. WHEREAS, the Association and the City both desire to continue the Lease Agreement. FOR VALUABLE CONSIDERATION AND THE MUTUAL COVENANTS AND PROMISES HEREIN, ITIS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Leased Premises: Blair hereby does lease unto the Association, the North 175 feet of Tax Lot 256, in Section 12, Township 18 North, Range 11, East of the 6th P.M., Washington County, Nebraska (hereinafter referred to as "leased premises"). 2. Construction of Additional Buildings: The Association is hereby authorized to construct additions on the building(s) in which to carry on its recycling efforts; provided however, prior to construction, the Association shall submit its final plans and specifications to Blair for its approval which such approval will not be unreasonably withheld. Subject to the final approval of Blair, the Association may construct the building consistent with the plans and specifications and that the entire cost of said building shall be at the sole expense of the Association and the Association agrees to hold Blair harmless from any liens, claims, causes of action or other liability resulting from the construction of said building and any other improvements associated therewith. Blair agrees to assist with site preparation. 3. Lease Payment: The Association agrees to pay and hold Blair harmless from liability thereon, of the cost of any utilities associated with the leased premises and any 2 improvements thereon, said utilities including, but not limited to, water, sewer, gas and electrical, and further agrees to maintain the improvements in good order and repair, and also shall maintain the outdoors area of the leased premises, free of all rubbish, glass, paper and other debris or loose materials. In consideration of the above, the Association shall not be required to pay a rental fee to Blair during the term of this Lease. 4. Term of Lease: The term of this Lease shall be for a period of ten (10) years, commencing on December 13, 2022 and continued until December 13, 2042. The Lease shall automatically renew for a Term of Ten (10) years unless either party provides at least sixty (60) days' notice of its intention to terminate the Lease Agreement. This provision is separate and apart from any other termination allowed under this Lease Agreement. 5. Assigning, iing, Subletting, Alterations: It is provided that the Association shall not, during the term of this Lease, to -wit: (a) Assign or transfer this Lease nor let or sublet said premises or any part thereof (including improvements thereon); (b) Use nor permit the leased premises to be used for any purpose other than carrying on the recycling business of the Association; (c) Permit any change in occupancy or transfer of this Lease by operation of law or otherwise; (d) Make any alterations or additions or improvements, without prior written consent of Blair; (e) Allow any liens to be placed upon the leased premises or any improvements thereon. Violation of this paragraph shall constitute an event of this default constituting reason for immediate termination of this Lease. 3 6. Compliance with Laws - Keep Premises Safe and Clean: The Association shall keep and maintain said leased premises and improvements thereon, and operate its business therein, in the manner which shall be in compliance with all laws, rules and regulations, orders and ordinances of the City, County, State and Federal Government and any department thereof. Violation of this paragraph shall constitute an event of this default constituting reason for immediate termination of this Lease. 7. Hold City Harmless: The Association will hold City exempt and harmless for and on account of any damages or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the leased premises, and any improvements or equipment thereon by the Association, or arising from the failure of the Association to keep the leased premises and any improvements or equipment thereon, in good condition, or the Association's failure to comply with any laws, rules, regulations, orders, and ordinances of the City, County, State or Federal Government and any department thereof. 8. Personal Property at Risk of the Association: All personal property in the leased premises shall be at the risk of the Association only and Blair shall have no responsibility or duty over said personal property. 9. Right of City to Enter for Inspection/Repairs: Blair, its agents or representatives, shall have the right to enter the premises at all reasonable times to examine or investigate the same, in regard to compliance with the terms of this Lease. 10. Waiver: The failure of Blair to insist upon a strict performance of any covenants, paragraph or conditions of this Lease or to exercise any right or option herein conferred in any rd one or more instances, shall not constitute as a waiver or relinquishment for the future of any such covenants, paragraph, conditions, rights or options, but the same shall remain in full force and effect; and the doing by Blair of any act or thing which the Association is not obligated to do hereunder shall not be deemed to impose any obligation upon Blair to do any such act or thing in the future or in any way change or alter any of the provisions of this Lease. 11. Blair's Right Cumulative: All rights and remedies of Blair under or in connection with this Lease shall be cumulative and none shall be exclusive of any other rights or remedies allowed by law. 12. Insurance: The Association agrees to procure and maintain continuously during the term of this Lease, and any extension thereof, public liability insurance in a company acceptable to Blair, at the Association's cost, insuring Blair and the Association against any claims, demands, or actions for injuries to, or death of, any one person in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence. 13. Abandonment Cessation of Business: In the event that the Association abandons the leased premises herein for more than three (3) consecutive months and/or in the event that the Association discontinues its recycling business on the leased premises for more than three (3) consecutive months, then Blair, at its option, may terminate this Lease by giving written notice to Association, which termination shall be effective on the date such notice is sent. 14. Leasehold Improvements: The parties agree and understand that Association intends. to construct a building and other improvements on the leased premises. All leasehold improvements, including, but not limited to, permanent fixtures, buildings, plumbing, electrical and sewer improvements and any other improvements associated therewith, shall 5 be deemed to be permanently affixed to the real estate and shall be the property of Blair. The Association shall have the right to use and occupy the leased premises, including any such leasehold improvements thereon, during the term of this Lease Agreement, subject to the terms and provisions contained herein. 15. Removal of Personal Property: The Association agrees, upon termination of this Lease, to promptly remove all of the Association's personal property (said personal property not to include any leasehold improvements described in Paragraph 14 above which under the conditions of this Lease are to remain as part of the premises). 16. City's Remedies Upon Default: In the event of default, the City shall have the following remedies, which are not exclusive and are in addition to any other remedies now or later allowed by law. Upon default of any of the terms and provisions of this Lease Agreement by the Association: (a) The City may, at its option, declare this Lease forfeited and the Lease's term ended, have the right to re-enter the property and have the right to take possession of the property without any further obligation to the Association. The City may remove all persons and personal property at the cost of the Association; or (b) City may instead elect to keep the Association in possession and continue to have all rights and remedies under this Lease. If City elects to keep the Association in possession, City shall have the right under subparagraph (a) for any previous default which remains uncured or for any future default. Nothing in this paragraph shall be interpreted to release the Association from any Col liability for any indemnification provided to City under this Lease for any occurrence or omission prior to the date of termination of the Lease. 17. Notice: Any notice required to be given under this Lease shall be sent by regular U.S. mail, postage prepaid to: (a)• Lessor: City of Blair 218 South 16th Street Blair, NE. 68008 (b) Lessee: Washington County Recycling Association P.O. Box 567 Blair, NE 68008 IN WITNESS WHEREOF, the parties hereto have executed this Lease this 13th day of December 2022. CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) The foregoing instrument was acknowledged before me this 131h day of December 2022 by Melinda K. Rump, Mayor of the City of Blair, a municipality, on behalf of the municipality. OENERN. NOTARY - Stale of Nabras BRENDA R WHEELERtary Public - M.V Cornm, Fa't, June 20, 2024 N STATE OF NEBRASKA :Ss: WASHINGTON COUNTY By f DARREL BOESIGER, PRESIDENT The foregoing instrument was acknowledged before me this 13 day of December 2022 by President of the Washington County Recycling Association, on be of the association. GENERAL NOTARY - State of Nebraska BRENDA R WHEELER z� RE�IL'kdl My Comm, Exp. June 20, 2024 Notary Public