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HomeMy WebLinkAbout2003-06Ordinance 2003-06 Ordinance Authorizing a Lease of a Portion of the Train Station to the Greater Pulaski Alliance, Inc. ADOPTED: June 3, 2003 EFFECTIVE: June 3, 2003 ~4~ ORDINANCE 2003-06 ORDINANCE AUTHORIZING A LEASE OF A PORTION OF THE TRAIN STATION TO THE GREATER PULASKI ALLIANCE, INC. WHEREAS, the Town Council of the Town of Pulaski, Virginia, sitting in regulaz session on May 6, 2003 has determined that it is in the best interests of and promotes the general welfaze of its citizens to lease a portion of its property known as "The Pulaski Train Station"; and, WHEREAS, The Greater Pulaski Alliance, Inc. is an organization devoted among other things to promoting the best interests of the citizens of the Town and the Town itself; and, NOW, THEREFORE, BE IT HEREBY ORDAINED, by the Town Council of the Town of Pulaski, Virginia, that the attached lease by and between the Town of Pulaski and The Greater Pulaski Alliance; Inc. is hereby authorized to be executed by the Town Manager in accordance with the terms and conditions of said lease, attached hereto and expressly made a part hereof. This ordinance is effective upon adoption and adopted by duly recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 3rd day of June, 2003 as follows: Bettye H. Steger -Aye John T. Bolen -Aye Pauline G. Mitchell -Aye Jeffrey S. Worrell -Aye Kenneth M. Fleenor -Aye James M. Neblett, Jr. -Aye E. G. Black, Jr. -Aye .,-. ATTESTED: Patricia Cruise, Clerk Town of Pulaski, Virginia By: 1~ b~.t.~.va~ Chazles W. Stewart, Jr., Mayor 0 r- .. The Town of Pulaski, Virginia Greater Pulaski Alliance, Inc. Pulaski Train Station Occupancy Agreement This AGREEMENT is made this day of ,2003 between the TOWN OF PULASKI, VIRGINIA, and the GREATER PULASKI ALLIANCE, INC., to set forth the terms by which the Town and The Greater Pulaski Alliance, Inc. will utilize the Pulaski Train Station to benefit the citizens of the Town, the members of the Greater Pulaski Alliance, Inc., and the best interests of the greater Pulaski area. 1. The Town has acquired and restored the historic Pulaski Train Station for the initial use of the building as a museum and visitor center. The parties have agreed that it is to their mutual benefit for the Greater Pulaski Alliance, Inc. to have office space and occupancy privileges in the renovated building. 2. The Town reserves the right to make changes in the building, but agrees to include The Greater Pulaski Alliance, Inc. in the planning process of any such changes. If there is a substantial change to which The Greater Pulaski Alliance, Inc. objects, The Greater Pulaski Alliance, Inc would have the right to withdraw from this Agreement. The Town will have the right to approve all signs on the premises, but such approval for The Greater Pulaski Alliance, Inc. signs will not be unreasonably withheld. 3. The Town agrees that The Greater Pulaski Alliance, Inc. will be given non-exclusive use of the enclosed office space on the east end of the building and the open office space at the east end of the building. The Greater Pulaski Alliance, Inc. would also have exclusive access to use the storage closet which opens into the central room. The Town will retain outside entrance door keys for janitorial access, emergency access, and access to the electrical system. Town personnel who enter The Greater Pulaski Alliance, Inc. space when The Greater Pulaski Alliance, Inc. personnel are not present will sign a logbook to be provided by The Greater Pulaski Alliance, Inc. for that purpose. .a. Unless otherwise agreed, The Greater Pulaski Alliance, Inc. will maintain temperatures in its section of the building during occupancy at or above 74 degrees in the May-September season, and no greater than 74 degrees in the October-April season. During non-occupancy hours, the temperature will be left at 78 degrees for summer and 60 degrees for winter. 4. The Town retains control over the West end of the building and the central room. The anticipated use of the West end for the foreseeable future will be to house the Raymond F. Ratcliffe Memorial Museum with the central room being used for exhibits. The Town will be relying on volunteers and Green Thumb personnel to staff the museum. ' s c1 The parties contemplate the building will be open seven days a week from approximately 9:00 a.m. to 5:00 p.m. to visitors to the museum, and five days a week for The Greater Pulaski Alliance, Inc. offices. It is understood by the parties that the hours maybe adjusted to best achieve the goal of providing convenient access in acost-effective and reasonable manner. The Town reserves the right to re-designate the uses of the central room and the West end of the building as it deems appropriate. 5. The Greater Pulaski Alliance, Inc. would agree to use its best efforts have at least one person on the premises from 9:00 a.m. to 5:00- p.m. on weekdays other than holidays. That person would open and close the building and would greet visitors and provide them with both museum information and The Greater Pulaski Alliance, Inc. area information. The Greater Pulaski Alliance, Inc. personnel will not be responsible for giving guided tours of the museum. The Greater Pulaski Alliance, Inc. agrees to notify the Town as soon as possible if no Greater Pulaski Alliance, Inc. person will be available on the premises. The Greater Pulaski Alliance, Inc. will make a reasonable effort to staff the building with a volunteer when the regulaz Greater Pulaski -Alliance, Inc. staff is not available. The Greater Pulaski Alliance, Inc. will lock the building if it is left vacant. 6. The Greater Pulaski Alliance, Inc. personnel will notify the Town administration or the police, as appropriate, of any problems on the premises. In no event will The Pulaski Greater Alliance, Inc. personnel be expected to take an active role in detaining or arresting any suspected thief, vandal, or disorderly person. The Greater Pulaski Alliance, Inc. will not be responsible for any items lost or stolen from the museum at any time. 7. The Greater Pulaski Alliance, Inc. personnel will not be considered employees or agents of the Town. They will be answerable only to The Greater Pulaski Alliance, Inc. 8. The Greater Pulaski Alliance, Inc. is not responsible for staffing on weeknights after 5:00 p.m. or on weekends. The Town will provide access to the building and be responsible for securing it during such times. The Town will be responsible for scheduling volunteers, Green-Thumb personnel, or other persons to assist visitors on weekends and holidays or at such other hours as the Town sees fit to keep the building open. The workers and volunteers would be located in the central room. The parties will cooperate to train these persons to perform their duties properly. These persons will be under the direction of the Town administration and answerable to the Town. However, if Green Thumb rules permit, the Green Thumb workers or other volunteers may assist The Greater Pulaski Alliance, Inc. personnel any time they do not have any specific Town duties. The Town Manager or his designee and The Greater Pulaski Alliance, Inc. Director are authorized to coordinate such activities as needed. In no event will these persons be considered to be employees of the Town or The Greater Pulaski Alliance, Inc. ~~~ 9. If the New River Trail is extended to the station, The Greater Pulaski Alliance, Inc. personnel would assist those visitors in the same manner as other visitors, during The Greater Pulaski Alliance, Inc. normal business hours. 10. The Greater Pulaski Alliance, Inc. would furnish its own office equipment. The Town will install a separate phone line for the museum/visitor center. The Greater Pulaski Alliance, Inc. will retain its own separate number. The Greater Pulaski Alliance, Inc. equipment will not be used by Town personnel without prior express consent by The Greater Pulaski Alliance, Ina The Town will cooperate with all reasonable arrangements to control access to The Greater Pulaski Alliance, Inc. files and equipment. 11. The Town will provide furnishings for the central room and the west end of the building. 12. The Town will promulgate reasonable rules to regulate use of the central room and the museum area. 13. The Town will provide janitorial services for the entire interior of the building and will be responsible for all building and exterior maintenance. The Greater Pulaski Alliance, Inc. would be responsible for minor cleanup and normal day to day straightening of The Greater Pulaski Alliance, Inc. area. 14. The Greater Pulaski Alliance, Inc. staffing of the building during the weekday hours would be in lieu of any rent. The Town will also provide utilities other than phone to The Greater Pulaski Alliance, Inc. without charge. 15. Each party would provide primary liability coverage for its respective employees and agents. Premises, casualty and liability coverage in effect at the time of execution of this agreement will be maintained in substantially the same form with approximately the same policy limits unless otherwise agreed by the parties. Neither parties employees, officer, and personnel would be considered employees of the other. Neither the Town nor The Greater Pulaski Alliance, Inc. would be responsible for actions or omissions of third parties. The Town and The Greater Pulaski Alliance, Inc. would be responsible to each other for any injury to the personnel or property of the other by reason of the negligence or misconduct of their respective personnel. ~V 16. The Greater Pulaski Alliance, Inc. will be entitled to occupancy and commits itself to occupy the premises for an initial period of fifty-nine (59) months, to commence on day of , 2003. The Greater Pulaski Alliance, Inc. may take possession eazlier, if desired. 17. No alterations, repairs, or construction on the premises will be done by The Greater Pulaski Alliance, Inc. without the prior consent of the Town. All painting and/or selection must be approved in advance by the Town. Any fixtures and brackets requiring holes in walls or ceilings or floors must be pre-approved, except for minor holes for the hanging of pictures. Any such holes must be repaired by The Greater Pulaski Alliance, Inc. if The Greater Pulaski Alliance, Inc. vacates the premises. 18. Each party agrees to take no action to interfere with the peaceful use of the premises by the other party in the manner set forth herein. 19. The Greater Pulaski Alliance, Inc. agrees to report promptly any damage, defects, dangerous or unsightly condition on the premises to the Town. The Town agrees to use reasonable care to maintain the premises in a reasonably safe condition for the use of The Greater Pulaski Alliance, Inc. or to warn of unsafe conditions known to the Town and not reasonable, foreseeable or known to The Greater Pulaski Alliance, Inc. This will not excuse The Greater Pulaski Alliance, Inc. personnel and all visitors from exercising due care for their own safety. The Greater Pulaski Alliance, Ina acknowledges that the Town will be relying on The Greater Pulaski Alliance, Inc. to report any known defects or dangerous conditions. 20. The Greater Pulaski Alliance, Inc. may not assign, sublet, or transfer possession of the premises or any right under this agreement without the prior written consent of the Town. 21. The parties agree that any dealings in reference to this agreement will be by The Greater Pulaski Alliance, Inc. President and/or The Greater Pulaski Alliance, Inc. Executive Director on behalf of The Greater Pulaski Alliance, Inc., and the Town Manager and/or his designee on behalf of the Town. .~- 22. Either party may terminate this agreement by the giving of sixty (60) days written notice to the other party. The agreement will then terminate at the last day of the month in which the sixtieth day after the giving of notice falls, unless otherwise agreed in writing by the parties. ENTIRE AGREEMENT 23. It is agreed between the parties hereto that this Agreement is the entire understanding of the parties and that no negotiations or verbal or written agreements exist, but that all such agreements are hereby merged into this document. No modification of this Agreement shall be allowed unless in writing and signed by the parties hereto. 1~0~ FURTHER DOCUMENTS 24. Each party agrees to execute any and all documents, instruments, or further writings or documents which maybe necessary or appropriate to effectuate the terms of this Agreement. SEVERABILITY 25. If a Court of competent jurisdiction at any time holds that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect. VOLUNTARY EXECUTION 26. The parties acknowledge that they are entering into this agreement freely and voluntarily and that no coercion, force, pressure or undue influence has been used in the execution of this agreement, either by the other party hereto or by any other person or persons; that they have ascertained and weighted all facts and circumstances likely to influence their judgment herein; that they have sought or had the opportunity to seek and obtain legal advice independently of each other or have freely waived such opportunity; and that they clearly understand and assent to all provisions hereof. All questions pertinent thereto, have been fully and satisfactorily explained to them; that the°settlement embodied in this agreement is in all respects acceptable to them, and that accordingly they assent to all the provisions hereof. INTERPRETATION 27. This agreement shall be interpreted in accordance with the laws of the State of Virginia. In Witness Whereof, the parties have executed this lease on the day of ,2003. WITNESS THE FOLLOWING SIGNATURES AND SEALS. BY: (SEAL) ~'~ TO MANAG THE GREATER PULASKI ALLIANCE, INC. BY: (SEAL) PRESIDENT ~~~ I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2003-06, Ordinance Authorizing a lease of a Portion of the Train Station to the Greater Pulaski Alliance, Inc., is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on June 3, 2003. e.., Patricia Cruise, Clerk of Council _a_ Tc/c/ordinance/certification 2003-06