2015-18-This should not be an Interlocal AgreementRESOLUTION 2015- 18
COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA AS FOLLOWS:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and the Friends of the Jeanette Hunt Animal Shelter for a
lease agreement for the animal shelter located at 145 South 4th Street, Blair, Washington
County, Nebraska.
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
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 HALL MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON
ROLL CALL, COUNCIL MEMBERS STEWART, SHEPARD, WILLIS, ANDERSEN,
WOLFF, JENSEN AND HALL VOTING "AYE ", AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AD ADOPTED THIS 9TH DAY OF JUNE, 2015.
CITY OF BLAIR, NEBRASKA
JA%jq E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, 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 and adopted at a regular meeting of the Mayor and City Council of said City held on the
9th day of June, 2015.
BRENDA R. WHEELER, CITY CLERK
Payi
RTM
This Lease Agreement ( "Lease ") is made and effective this day of
, 2015 by and between the FRIENDS OF THE JEANETTE HUNT ANIMAL
SHELTER, (the, "FRIENDS "), a nonprofit corporation duly organized and existing under the
laws of the State of Nebraska and the CITY OF BLAIR, NEBRASKA (the "City "), a Municipal
Corporation duly organized and existing under the laws of the State of Nebraska.
City is the owner of property located at, 145 South 4 1h Street, Blair, Washington County,
Nebraska.
City desires to lease the above - described property to Friends, and Friends desires to lease the
above - described property from City for the term, at the rental and upon the covenants, conditions
and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein, contained and other good and
valuable consideration, it is agreed:
1. Term.
City hereby leases the above - described property to Friends, and Friends hereby leases the same
from City, term beginning on the effective date of a certain Agreement for Animal Sheltering
Services between Friends and City ( "Sheltering Agreement ") and continuing throughout the
duration of such Sheltering Agreement and any extension thereof.
2. Rental.
In consideration of the performance of its duties as set forth in the Sheltering Agreement, the
Friends shall not be obligated to pay rent to City for the rental of the property.
3. Condition of Property
City hereby agrees to allow the Friends to have an inspection of the property prior to occupancy
by Friends.
4. Use of Property and Compliance with Laws:
Friends hereby agrees to use the property for the operation of an animal shelter. The Friends
shall keep the property and operate its business therein in a 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 of either.
5. Sublease and Assignment
Friends shall not sublease all or any part of the property, or assign this Lease in whole or in part
without City's consent, such consent not to be unreasonably withheld or delayed.
1 1Nage
6. Improvements
Friends, at Friends' expense, shall have the right following City Council's consent, to make
additions, improvements and replacements of and to all or any part of the property from time to
time as Friends may deem desirable, provided the same are made in a workmanlike manner and
utilizing standard quality materials.
7. Repairs and Replacements:
Friends agrees during the term of this Lease, at its own expense, to keep the property in good and
substantial order and to be responsible for all routine maintenance of the property. City agrees to
make all necessary repairs, renewals and replacements upon or in connection with the leased
property as soon as practicable upon receiving notice from the Friends of the need for such
repair, renewal or replacement, including all windows, doors and glass, wherever located, and all
plumbing, heating and air - conditioning equipment, boilers, wiring, gas and electrical fixtures,
connections and fittings and all other equipment, fixtures and appurtenances, unless such repairs,
renewals and replacements are necessary as a result of the negligence of the Friends or its
invitees. City hereby agrees to provide Friends with the amount of $2,000.00 to replace the
security /monitoring cameras that are currently affixed to the building located on the property.
8. Mowing, Snow Removal and Utilities:
Lessor agrees to provide for mowing and snow removal for the property, with the exception of
the walkways. The Friends shall pay for utilities at the shelter and shall be charged at the same
water and sewer rates as other City facilities and departments.
9. Personal Property at Risk of Friends:
All personal property in or on the leased property shall be at the risk of the Friends only, and the
City hereby agrees not to store any personal property, including city vehicles, on or within the
leased premises without the prior written consent of Friends.
10. Right of City to Enter for Repairs, Alterations, Etc.:
The City, its agents or representatives, shall have the right to enter the property with at least 24-
hours' prior notice to examine same or to make such repairs, renewals or replacements as may
be necessary pursuant to Paragraph 7 hereof.
11. Insurance:
21Page
Friends agrees to procure and maintain continuously during the term of this Lease, and any
extension thereof, public liability insurance, at Friends' cost, insuring Friends against any claims,
demands, or actions for injuries to, or death of, any one person and property damage, per
occurrence, in an amount of not less than One Million Dollars ($1,000,000.00) with an aggregate
amount of not less than Two Million Dollars ($2,000,000.00).
12. Property Taxes
City shall pay, prior to delinquency, any and all general real estate taxes and installments of
special assessments coming due during the Lease term on the leased premises as described
herein. Friends shall be responsible for paying all personal property taxes with respect to Friends'
personal property.
13. Signs
Following City Council's consent, Friends shall have the right to place on the property, at
locations selected by Friends, any signs which are permitted by applicable zoning ordinances.
Friends shall repair all damage to the property resulting from the removal of signs installed by
Friends.
14. Notice
Any notice, demand, or other communication under this Agreement by any party to the other
party shall be sufficiently given or delivered if sent by U.S. mail, postage prepaid, return receipt
requested; and
(a) in the case of Friends, if mailed to:
Friends of the Jeanette Hunt Animal Shelter
PO Box 233
Blair, NE 68008
(b) in the case of City, if mailed or delivered personally to:
City of Blair
c/o City Administrator
218 South 16th Street
Blair, NE 68008
or at any such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other party as provided for in this paragraph. The parties
hereby agree that notice may be given by either party by electronic mail to the then - acting
President of the Friends and to the City Administrator; provided, however, that any such
electronic mail shall not be deemed received unless and until the receipient acknowledges
receipt.
3 1 Nage
15. Waiver
No waiver of any default of City or Friends hereunder shall be implied from any omission to take
any action on account of such default if such default persists or is repeated, and no express
waiver shall affect any default other than the default specified in the express waiver and that only
for the time and to the extent therein stated. One or more waivers by City or Friends shall not be
construed as a waiver of a subsequent breach of the same covenant, term or condition.
16. Memorandum of Lease
The parties hereto contemplate that this Lease should not and shall not be filed for record, but in
lieu thereof, at the request of either party, City and Friends shall execute a Memorandum of
Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this
Lease.
17. Headings
The headings used in this Lease are for convenience of the parties only and shall not be
considered in interpreting the meaning of any provision of this Lease.
18. Successors
The provisions of this Lease shall extend to and be binding upon City and Friends and their
respective legal representatives, successors and assigns.
19. Consent
City shall not unreasonably withhold or delay its consent with respect to any matter for which
City's consent is required or desirable under this Lease. Such consent will be deemed
unreasonably withheld or delayed if the failure to provide consent substantially interferes with
the Friends' ability to perform it duties under the Sheltering Agreement or to perform its general
business operations.
20. Compliance with Law
Friends shall comply with all laws, orders, ordinances and other public requirements now or
hereafter pertaining to Friends' use of the Leased building. City shall comply with all laws,
orders, ordinances and other public requirements now or hereafter affecting the Leased building.
21. Final Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject
matter hereof. This Agreement may be modified only by a further writing that is duly executed
by both parties.
22. Governing Law
41Page
This Agreement shall be governed, construed and interpreted by, through and under the Laws of
the State of Nebraska.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
B
JA Ems, E. REALPH, M O'ft�R
ATTEST:
BRENDA R. WHEELER, CITY CLE
51Page
C ) L4� A-4-k VA k y 0� V
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 7 day of J c - t / , 2015 before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came James E. Realph, Mayor of the
City of Blair, Nebraska, to me known to be the identical person whose name is affixed to the
foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY -State of Nebraska
118 BRENDA R WHEELER &��g /� �"3
My Comm. Exp, June 20, 2016 NOTARY PUBLIC
Friends of the Jeanette Hunt Animal Shelter:
BY
TARYN B ER, PRESIDENT
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 4 day of 2015 before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came _ _ C , to me known
to be the identical person whose name is affixed to the foregoing agreeYnent and acknowledged the
execution thereof to be his/her voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
NOTARY PUBLI
GENERAL NOTARY - State of Nebraska
IIN BRENDA R WHEELER
My Comm. Exp, June 20, 2016
61Page