The City of Flatonia TEXAS CITY OF FLATONIA Council Chambers/City Hall 125 E. South Main, Flatonia, Texas March 21, 2023, AT 6:00 pm REGULAR SCHEDULED CITY COUNCIL MEETING AGENDA Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Reports Police Chief Utility Director City Manager February Activity February Report February Report Consent Agenda C1. Consider and take appropriate action on the minutes from the February 20, 2023, C2. Considera and take appropriate action on the financial statements for February 2023. meeting. Deliberation Agenda DA3.1.2023.1 Consider and take appropriate action on swearing in the new Code Enforcement Official. DA3.1.2023.2 Consider and take appropriate action on the status of the 2019-2020 Audit. DA3.1.2023.3 Consider: and take appropriate. action on Ordinance No. 2023.03.01 for Food Trucks. DA3.1.2023.4 Consider and take appropriate action on installing either a stop signs or yield signs to the streets that cross over W.3rd St/ Specifically S. Hudson (north & south) and S. Penn St (north & south). DA3.1.2023.5 Consider and take appropriate action reimbursement for health care of$25a month for City Manager and an additional $200 a month to go towards the Medical Savings account in lieu of the $735.00 a month for all current full- Consider and take appropriate action on the lease for the United States Postal time employees. Service. DA3.1.2023.6 DA3.1.2023.7 Consider and take appropriate action on changing the name of the baseball field to Mike Schulze Ball Field. Executive Session ES3.1.2023.1 As authorized by Texas Government Code Sec. 551.072 (Possibleexchange, lease, or value of real estate including the potential change ofownership of park land; and) McWhirter Park - Softball Field ES3.1.2023.2 As authorized by Texas Government Code Sec. 551.071 (Deliberation Regarding pending or contemplated. litigation or toseek the advice ofthe City Attorney including the Flatonia Fire and Rescue Inc. Flatonia Fire and Rescue Inc. Agreement. Adjournment I,thet undersigned authority do hereby certify that thel Notice ofMeeting was posted on thel bulletin board outside the front door ofthe City Hall ofthe City ofFlatonia, Texas, aj place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and timel March 17,2023, by 6:00 p.m. and remained so posted continuously for at least 72 hours preceding the schgduled time ofs said meeting. Vna LOWIOT Tamela Louvier, City Secretary, City of Flatonia NOTICE OF ASSISTANCE ATTHE PUBLIC MEETING The Flatonia City Hall is wheelchair accessible. EXECUTIVE SESSION STATEMENT The City Council reserves the right to adjourn into executive session at any time during the course of this Access to the building is available at the primary meeting to discuss any of the matters listed above, as entrancei facing Main! Street. Persons with disabilities authorized by the Texas Government Code, Section who plan to attend this meeting and who may need 551.071 (Consultations with Attomey), 551.072 auxiliary aids or services such as interpreters for (Deliberations about Real Property), 551.073 persons who are deafor hearing impaired, readers, or (Deliberations Regarding Gifts and Donations), 551.074 large print are requested to contactt the City Secretary's (Personnel Matters), 551.076 (Deliberations Regarding Office at 361-865-3548 or by FAX361-865-2817 at Security Devices or Security Audits), 551.086 (Certain least two working days prior to the meeting sO that Public Power Utilities: Competitive Matters) and 551.087 appropriate arrangements can be made. (Deliberation Regarding Economic Development Negotiations). Agenda Removal Notice This Public Notice was removed from the official posting board at thel Flatonia City Hall on the following date and time: By: Tamela Louvier, City Secretary, City ofFlatonia FLATONIA POLICE DEPARTMENT 205 E. South Main St. Flatonia, TX78941 Office: 361-865-3337 Fax: 361-865-3039 A February 2023 Monthly Report To: From: Subject: Calls for Service: Flatonia City Council Flatonia Police Department February Monthly Report There were 405 calls for service for this month. Offense /Incident Report Activity: On February: 1, 2023, Officer T. Amos was dispatched to a motor vehicle accident involving a pedestrian. Officer Amos arrived before medical personnel and was able to effectively communicate information to responding medics. When medics arrived, they assisted thei injured pedestrian and confirmed that occupants oft the vehicle did not need medical attention. Officer Amos was able to ensure scene safety, provide traffic control, and conduct a thorough traffic accident investigation. On February 1, 2023, medics were transporting an individual from the City of Flatonia to al local hospital for multiple claims ofi injuryrelated to an accident that had occurred in anotherj jurisdiction several days before. While int transport, a short distance west of city limits, the medics requested police assistance because the transportee became combative and was attempting to exit the moving ambulance. ChiefL. Dickresponded because of the close proximity. Chief Dick was the only officer to reach the scene, because as he arrived, the subject decided he wanted to continue transport to the hospital. Chief Dick followed FCEMS to their destination to ensure there were no additional incidents before immediately returning to city On February 7, 2023, Sergeant T. Tunis responded to a medical call at a local business. An elderly individual had suffereda laceration that was uncontrollably bleeding. Sgt. Tunis was the first responder on scene. He observed an the individual had lost al large amount of blood. Sgt. Tunis was able to keep thei individual responsive while he effectively stopped thel bleeding. Sgt. Tunis collected al brief medical history from thei individual and provided it to responding medics to assist with On February 21, 2023, Officer T. Roggenkamp conducted at traffic stop on a vehicle for expired registration. Upon making contact with the driver of the vehicle her recognized the odor of marijuana coming from inside the vehicle. Officer Roggenkamp conducted a search oft the vehicle and located THC, marijuana, drug paraphernalia, and ai firearm within the vehicle. Officer Roggenkamp placed the driver under arrest and transported them to Fayette County Jail for Possession ofa Controlled Substance, Possession of Marijuana, Possession of Drug Paraphernalia, and Unlawful Carry ofa a Weapon limits. knowledge of how to best assist the individual upon their arrival. (firearm). On February 25, 2023, Sergeant T. Tunis responded to a disturbance. Upon arrival he recognized that while there was not an active disturbance occurring between thet twoi individuals at that time, there were clear signs of distress. While speaking with the two individuals separately, he was able to corroborate the events that had occurred. He alsoi identified markings on the victim. The otheri individual was placed in custody and transported to Fayette County. Jail for Assault Family Violence. NOFURTHER DETAILED INFORMATION IS PUBLISHED DUE TO ON GOING INVESTIGATION OF CASES. Arrests and Pending Charges There were two (2) direct custody arrests for the month of February. Traffic Contacts: 99 All Flatonia Police Officers, including command: staff, have conducted traffic control throughout the City, and specificallyi in the areas of town where complaints have been reçeived related to speeding and stop sign violations. Flatonia officers will continue to conduct stationary and mobile radar and observe traffic at intersections to address the traffic conçerns. In-Service Training: On February 1 and 7, 2023, Sgt. T. Tunis completed training on Cyber Crimes and Security and The Internet of Things. Both courses focused on how to recognize Cyber Crimes and the investigation of related crimes. The training further discussed how technological devices can further investigation and how to successfully use them to gather additional evidence in a On February 21 through the 23, 2023, Sgt. T. Tunis attended and completed a New Investigators Course. This 24-hour course is designed to facilitate and train officers on how to conduct a successful investigation. Upon completing this course, the officeri is to demonstrate how to command a crime scene, gather various types ofe evidence, evaluate autopsy information, On February 28, 2023, Officer T. Amos completed a Case Law course. This 4-hour course provided knowledge and further understanding about vital case law that affects law enforcement. During this course, training and instruction also exhibits how officers utilize case law to ensure they are constitutionally compliant and not unjust during their active and day-to-day Flatonia Police Department officers continuously strive to participate in different training provided every month. Continuous training is vital because of thei influence it has on the officer'severyday performance and for professional development. crime other types of crime. conduct interviews and interrogations, and much more. duties. February TYPE Agency Assist Accidents Alarm Calls Animal Complaints Citizen Assist Civil Matter Close Patrol Funeral Escort Ministerial Voucher Motorist Assist Noise Complaint Open Door School Patrol/Security 53 Suspicious' Vehicle Suspicious Person Traffic Hazard Transient Call Walk In Disturbance Welfare Check Traffic Stops Incident Reports Offense Reports Supplemental Reports Follow Ups Scam Traffic Control Other TOTAL # 18 1 1 6 9 2 94 2 0 2 0 1 2 4 2 3 4 6 4 99 11 7 8 8 1 32 25 405 Flatonia Police Department February 2023 Utility Director Activity Report 2/1 2/2 2/3 Day off due to possible icing conditions Mark electric lines @ mausoleum Patching Building maintenance @ well #12 2/4 2/6 Water leak on Market near 2nd, traced to customer service, notify customer Cut concrete @ pool, found 2 broken fittings on the suction side Issues with water meter on gth near Faires 2/7 Repaired leaks @ pool, backfilled, form for concrete Mark city! lines for AT&T bore from Prosperity to the school Meet with customer in about new water service on 95S 2/8 New employee orientation Pump clogged @ lift station #1, pull pump, remove obstruction, reinstall Post office back door not shutting, anchor door frame After hours call out to 4th & Mill, burned secondary connector 2/9 Pour concrete at the pool Clean & grease aerator Repair burned wiring in gth St lift station control box Work on drainage on N Colorado Start removal of material given to city by Hunter Make water tapi for new home on Hwy 95S 2/10 Replace motor @ the pool Replace spider gasket on south filter @ pool Clean and begin refilling pool Haul material from shopt to appropriate pile (leftovers from Hunter) After hours call out to replace customer side water valve on Hudson, near 2nd 2/13 Install new reclosers on east feeder near Cedar Check on lights now working @ Legion Field Pool turned back on Read meters 2/14 2/15 Repair water leak on Market near 10th Read meters Evening call out for car hitting pole and fire hydrant Replace water lateral on S. Hudson near 1*t Meeting on emergency operations 2/16 Straighten and repack dirt around fire hydrant on 609 @ Mulberry 2/17 Work on getting set up for Tier 2 reporting Patching 2/20 Make 2 water taps for lots on 12+hSt Scraping dirt off roads, 6thg & 7th Pull meters for non-payment Pull aerator, repair burned connection, put backi in service Trouble with filtration unit @ water plant #3, restart computer 2/21 Trim electric ROW near Auction Barn Repair water leak by Legion Hall Trip to Austin to pick up repaired High Ranger Sewer blockage on SI Mill hear 6th. Apparent bad pipe on customer side 2/22 Trim tree falling in Hwy 901 ROW Trim electrical ROW on east side of N. La Grange Attempt to divert water in ditch on N. Converse Remove hydraulic cylinder from hydro-vac for repair. Meter re-reads 2/23 Repair burned wires in control panel of lift station #6 Replace rusted off anchor on as service pole off S. Market St Check electrical connections toi the County warehouse, voltage issues. Pull pole on! 5thSt. Haul scrap metal to Gonzales 2/24 Temporary repair on N Converse @ IH1 101 frontage (street project prospect). Temporary repair on aerators, rope broke. Work on water truck tank, leaks PUCT updates with assistance from Schneider Engineering Pick up dirt on sides of road in the N Faires area. Assist with code enforcement officer orientation. Retrofit Post Office counter lights to LED. 2/27 2/28 Replace ropes on west aerators, repair broken connections, put back on line Install customer supplied culvert on S. Hudson Call for electric line down, found to be on customer side City Manager'sReport To: Mayor Geesaman & City Council CC: Staff From: Sonya Bishop, City Manager Date: 3-21-2023 Re: Monthly City Manager's Report Mayor and Council, . Planning and Zoning: a. There is nothing new to report. We are starting the process to rezone an error from R2 to R1. 2. Economic Development: a. EDC had a meeting March 16, 2023. Code Enforcement: a. Ryan Anders is on the agenda (more to note possibly later) Road Construction: 1. TxDOT continues to work on the sidewalk project. They had some issues with a citizen at one address. They are hoping to resolve the situation quickly. Utility Projects: a. The GLO CDBG MIT SUP 22-119-001-D359 grant for the sewer is moving along and is suspected to start the bidding process in May. Parks and Pool: a. There is nothing new to report. Administration: a. Iam applying for as many grants as Ican for the city. We may or may not get approved, b. Ihave posted an ad for police academy candidates, and a few has shown interest, Iam searching for a finance clerk but have not had any applicants currently. d. Tamela and I are both certified in infrastructure protection. We should have our Tamela and Ihave been working many hours from home. We are exhausted to say the but we will not know until we try. however no one has turned in a completed packet. certificates within six weeks. least but trying our best. Financial Report: a. Ireceived the following email from Jamie Notz regarding the audit and requested her presence at tonight's meeting. "Sonya, Do not be disheartened! Thanks to the work you and Tammy and' Tabitha (and possibly othersIdon't know about) have done to identify the journal entries that needed to be reversed, we were able to enter thei information into our system. lam pleased to lety you know that cash can be reconciled to the general ledger within $1,500. That is close enough for me! We are in the process of determining what additional work needs tol be done to update our workpapers in the accounts affected by the reversing entries. Asimentioned when we met, the resolution to the cash out of balance situation does not bring March 15 is thet federal filing deadline for partnerships, corporations, and other fiscal year entities. When we, get past that, we will regroup and plan on how to get this done during the middle of tax season. The good thingi is that the report is basically written. Before we can issue the report, we have to update our documentation to address the numbers that changed in thet trial balances and finish other procedures that got put on hold when there was a real possibility that we could be disclaiming our opinion. Iwill let you know what the plan is and do my best to estimate a timeline for you. us to completion, but it gets us much closer. Thank you-J Jamie." This concludes the City Manager Report for submission at the August 9, 2022, City Council meeting. FLATONIA Minutes Flatonia City Council Regular Meeting February 20, 2023 Present: Mayor Mayor Pro Tem Councilpersons Dennis Geesaman Catherine Steinhauser Ginny Sears Allen Kocian Joanye Eversole Travis Seale City Manager City Secretary Police Chief Utility Director Sonya, Bishop, City Manager Tammy Louvier, City! Secretary Lee Dick, Police Chief Jack Pavlas, Utility Director Opening Agenda Call to Order Mayor Geesaman called the meeting to order at 6:00 pm. Invocation & Pledge Councilman Seale led the invocation and pledges. Citizens' Participation Taylor Swenning - Darlin's Diner. Reports Police Chief Utility Director City Manager January Activity January Report Jânuary Report Consent Agenda CI. Councilman Seale made a motion to approve the minutes from the January 10, 2023, meeting. Councilman Kocian seconded the motion. None opposed. Motion carried. C2. Council person Sears made at motion to approve the financial statements for. January 2023. Council person Eversole seconded the motion. None opposed. Motion carried. Deliberation Agenda DA2.1.2023.1 Council person Eversole made a motion to approve City Manager, Sonya Bishop and City Secretary, Tamela Louvier, Mayor Dennis Geesaman, Mayor Pro Tem, Catherine Steinhauser and Ginny Sears as signers on the Flatonia National Bank Accounts. Councilman Kocian seconded the Council person Eversole made a motion to approve and sign the Combine Community Action (CCA) agreement. CCA has contracted with Texas Department of Housing and Community Affairs to conduct the Comprehensive Energy Assistance Program (CEAP). Council person Seale motion. None opposed. Motion carried. DA2.1.2023.2 seconded the motion. None opposed. Motion carries. DA2.1.2023.3 Council person Eversole made ai motion to approve increasing the standby pay for our Utility Department from $100 to $250. Mayor Pro Tem Steinhauser seconded the motion. None opposed. Motion carried. Council person Eversole made a motion to approve the Fourth Quarter 2022 Hotel Occupancy Tax Expenditure Reports from Flatonia Chamber of Commerce, Special Projects, and EA. Arnim Archives and Museum. Councilman Seale seconded the motion. None opposed. Motion carried. Council person Mayor Pro Tem Steinhauser made a motion to approve the appointment of Rosa Velasquez, Sharon Cosson and Elias Flores to serve on the Housing Authority' Slate of Commissioners. Council person Eversole seconded the motion. None opposed. Motion carried. DA2.1.2023.4 DA2.1.2023.5 DA2.1.2023.6 Council person Eversole made a motion to approve the adoption/reaffirming oft the Civil Rights Policies and Procedures, toi include thel HUD Section 3 presentation, for the' TxCDBG City ofl Flatonia Contract CDV21-0342. Councilman seconded the motion. None opposed. Motion carried. DA2.1.2023.7 Councilman Seale made a motion to approve the permits for Muffins and Mufflers Classic Car Show. Council person Sears seconded the motion. Council person Mayor Pro Tem made the motion to approve Randy Johnson as the new EDC Committee member. Councilman Kocian seconded the motion. None opposed. Motion carried. None opposed. Motion carried. DA2.1.2023.8 Entered into Executive Session at 6:55 pm Adjournment Councilman Seale called the meeting adjourned at 8:54 pm. Mayor Pro Tem Steinhauser seconded the motion. None opposed. Motion carried. Signed Dennis Geesaman Mayor Attest Sonya Bishop City Manager a C - a I - B - - DD € a B - E - 2 D a - 000005 000 00 000 :e - & 6 I o 88 de - TTT - II:: de 8 0 ITTTT De a o :888 : 8 lo - - BE 388 - - : FF 0 o & e e : a e : e 05 000088 EE BE 000016 88 0000 88888 EE 00006 88 888 000 88888! 0000 88888 - - D 20000 88888 df 10 f 00000 00000 0o 88888 88888 88808 88888 00000 8 00 of o g 6 00000 0000 o 88888 8888 8 8885 8 d0 8 8 o - - D - C * 3 000 8888 00000 8888 E € o E - : H 9o ge8 00 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA3.1.2023.1 Consider and take appropriate action on swearing in the new Code Enforcement Official. Summary: Consider and take appropriate action on swearing in the new Code Enforcement Official. Option(s): . Imove to approve swearing in the new Code Enforcement Official. If you are opposed to not 2nd or make any motion. If a motion is not made, the item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: Audit. DA3.1.2023.2 Consider and take appropriate action on the status of the 2019-2020 Summary: Consider and take appropriate action on the status of the 2019-2020 Audit. Option(s): Imove to approve action on the status ofthe 2019-2020 Audit. Ifyou are opposed to not 2nd or make any motion. Ifa motion is not made, the item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA3.1.2023.3 Consider and take appropriate action on Ordinance No. 2023.03.01 for Food' Trucks. Summary: Consider and take appropriate action on Ordinance No. 2023.03.01 for Food Trucks. Option(s): Imove to approve Ordinançe No. 2023.03.01 for Food Trucks. If you are opposed to not 2nd or make any motion. If a motion is not made, the item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA3.1.2023.4 Consider and take appropriate action on installing either a stop signs or yield signs to the streets that cross over W. 3rd St/ Specifically S. Hudson (north & south) and S. Penn St (north & south). Summary: One of our citizens emailed a request to install either stop signs or yield signs to the streets that cross over W. 3rd St/ Specifically S. Hudson (north & south) and S. Penn St (north & south). They stated that there have been several occasions especially during school and lunch hours where folks are speeding through these streets and someone is going to get seriously injured. Option(s): Imove to approve installing either a stop signs or yield signs to the streets that cross over W. 3rd St/ Specifically S. Hudson (north & south) and S. Penn St (north If you are opposed to not 2nd or make any motion. If a motion is not made, the &s south). item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA3.1.2023.5 Consider and take appropriate action reimbursement for health care of $25 a month for City Manager and an additional $200 a month to go towards the Medical Savings account in lieu of the $735.00 a month for all current full-time employees. Summary: Consider and take appropriate action reimbursement for health care of $25 a month for City Manager and an additional $200 a month to go towards the Medical Savings account in lieu of the $735.00 a month for all current full-time employees. Option(s): Imove to approve reimbursement for health care of $25 a month for City Manager and an additional $200 a month to go towards the Medical Savings account in lieu of the $735.00 a month for all current full-time employees. OI Ify you are opposed to not 2nd or make any motion. If a motion is not made, the item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA3.1.2023.6 Consider and take appropriate action on the lease for the United States Postal Service. Summary: Consider and take appropriate action on the lease for the United States Postal Service. Option(s): Imove to approve the lease for the United States Postal Service. ] Ify you are opposed to not 2nd or make any motion. Ifa motion is not made, the item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. OJLL February 24, 2023 CITY OF FLATONIA PO BOX3 329 FLATONIA, TX 78941-0329 SUBJECT: FLATONIA MAIN OFFICE, 105 E SOUTH MAIN ST, FLATONIA, CO 78941-9998 Expiration Date: 02/28/25 Dear United States Postal Service Landlord, On behalf of the United States Postal Service ("Postal Service"), JLL is pleased to present the enclosed Lease Agreement for the above referenced property. Should you have feedback to the enclosed Lease Agreement, please Thei following instructions have been added for your convenience tol help expedite lease execution: contact me at 404-775-5866 orj jordanbennet@il.com. Lease Agreement: Sign each copy oft the agreement where indicated. Date each copy of the agreement on the designated line. Real Estate Conflict of Interest (COI) Certification Form: Complete one COI form for each per person who signs the lease. Sign and date where indicated. Complete items 1-7 where applicable, Part I, Part H, sign, and date where indicated. IRS Form W-9: Commission Agreement: Sign name, print name, and date where indicated. Evidence of Title: Provide Deed/Certificate of Transfer of Titie. **PLEASE SIGN ANDF RETURN THIS LEASE PACKET NO LATER THAN 04/10/23**. Using the enclosed envelope, please mail all requested forms with original signatures. Please note that postage is required. Upon acceptance and execution by the Postal Service, an original executed Lease will be returned to you. Notice: All owners of record are advised to read the Lease thoroughly to ensure that each party is in agreement with the terms and conditions of this contract. Respectfully, gdas Bennett Jordan Bennett Manager, Transactions Management Jones Lang LaSalle (JLL) 1225 17th Street, Suite/1850 Denver, CO80202 M: (404) 7755866 jordan. Dennetamill.com CC: Sara West FACUITESHEADQUARTERS UNITEDSTATES POSTAL SERVICE October 1, 2022 Dear Postal Service Landlord: The Postal Service awarded al National Contract for Real Estate Services to Jones Lang LaSalle Americas, Inc. (JLL)i in April 2017. JLL has experience and expertise in real property transactions and willl be providing real estate support services, including lease management and brokerage This National Contract for our Real Estate Services Provider (RESP) entitles JLL to serve as the Tenant Representative on the behalf of the Postal Service for your leasing transaction. The Postal Service expects that you will pay a commission to the JLL representative for leasing services pursuant to a separate agreement. between you and the. JLL representative. The Postal Service understands that the rental rate may reflect this commission payment, along with other The Postal Service expects that the. JLL representative willl be respectful and professional in representing the Postal Service's interests and that youy will work cooperatively with the. JLL representative on the leasing transaction. We appreciate your cooperation in working with the Ify you have any questions, please contact Tim Kastens, JLL Contract Executive at 202-719-5749 services. The contract with. JLL became effective on April 21,2017. market-based factors. Postal Service's Tenant Representative. or at Tim. Kastens@amjl.com: Sincerely yours, DaR) le Donald L. Mackey Director, Facilities Leasing (A) 7029ALBERT PICK Ros SuIe 300 GREENSBORO, NC2 27409-0300 WWW.USPSCOM UNITED STATES POSTAL SERVICEm Lease (Not to Exceed $25K.) FLATONIA - MAIN OFFICE (483110-001) 105 ESOUTH MAIN ST,FLATONIA., TX 78941-9998 UNITEDSTATES POSTAL, SERVICE. Lease (Not to Exceed $25K) Single-Tenant Facility! Name/Location FLATONIA- MAIN OFFICE (483110-001) 105E E SOUTHMAIN: ST, FLATONIA, TX 78941-9998 County: Fayette Lease. QU0000769210 This Lease, by and between CITY OF FLATONIA, ("Landlord") and the United States Postal Service ("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" is the date the Postal Service executes Inc consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of 1.F PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the Premises") consisting oft the entire building having a street address of 105 E SOUTH MAIN ST, FLATONIA, TX 78941-9998 (the "Building") situated upon the real property with an Assessor's Parcel Number of 27735. The Premises is located on the property described in Exhibit A attached hereto and incorporated herein (the "Property"). The Premises consists of approximately 2,025 square feet of net interior space and 12,600 square feet ofe exterior space consisting of platform, ramp, reserved parking and maneuvering. access areas, driveways and drive aisles and sidewalks. The reserved parking area, ifany, is shown on Exhibit B attached hereto and incorporated herein. The Premises Area is shown on Exhibit C attached hereto and If the Premises is only a portion of the Property, then the Postal Service shall have the non-exclusive right in common with other tenants, ifany, of the Building to use any and all stairways, halls, toilets and sanitary facilities, and all other general common facilities in the Building as well as appurtenances and easements benefiting the Premises and the Property, and all common sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, parking and other common areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon, the common areas immediately adjacent to the Premises, including, without limitation the sidewalks and parking areas, which impair the accessibility to or visibility of or ease of use oft the Premises by the this Lease. which are hereby acknowledged, the parties covenant and agree as follows: incorporated herein. Postal Service and/or its customers, as reasonably determined by the Postal Service. The Landlord has supplied the foliowing systems and equipment: 1. Heating System 2.Air Conditioning System 3. Electrical Distribution System 4. Light Fixtures 6. Sewer or Septic System Lease (the Maintenance Rider"). 5. Water Distribution System including hot water supply The maintenance of these items is governed by the Maintenance Rider Landlord Responsibility attached to this 2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the Postal Service, including the payment of any charges or rent under this Lease, shall bet for a period of 5 years commencing on March 01, 2025 (Commencement. Date") and ending on February 28, 2030, unless sooner terminated or extended as provided herein. If this Lease is extended, then such extended period shall also be referred to herein as the' "term." January 2020 VI8 Paye lof3 UNITEDSTATES POSTAL SERVICE. Lease (Not to Exceed $25K) Single-Tenant Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ESOUTHI MAIN ST, FLATONIA, TX 78941-9998 County. Fayette Lease: QU0000769210 3. RENT: The Postal Service will pay Landlord an annual rent of: $14,175.00 ("Rent"). payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: CITY OF FLATONIA PO BOX 329 FLATONIA, TX 78941-0329 4.F RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options: Annual Rent Period 03/01/2030 02282035/51530900 03/01/2035 02/29/2040 $16,533.00 provided that the Postal Service send notice of exercise of each such renewal option is sent in writing, to the Landlord at least 0 days before the end of the initial Lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: When used herein the term' "lease" or' "Lease" includes all of thet following additional provisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part of this Lease. General Conditions to USPS Lease Exhibit A (Legal Description of Property) Exhibit B (Parking Area) Exhibit C (Premises Area) Utilities and Services Rider Maintenance Rider Landlord Responsibility 6. TERMINATION: The Postal Service shall have a right to terminate this Lease upon 30 days' prior written notice to Landlord at any time during the term of this Lease (including any renewal periods). Upon such termination, the Postal Service's obligations under this Lease shall cease except for the restoration obligation under Section 4(b) of 7. CONFLICT OF INTEREST. To avoid actual or apparent conflicts of interest, the Postal Service requires the certification set forth on the signature page from Landlord. The Postal Service willl be relying on the accuracy oft the statements made by you in this certification. IfL Landlord's certifications below are false, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer as provided below, then the Postal Service the General Conditions to USPS Lease. January 2020 VI8 Page2of3 UNITEDSTATES POSTAL SERVICE. Lease (Not to Exceed $25K) Single-Tenant Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ESOUTHMAIN ST, FLATONIA, TX78941-9998 County: Fayette Lease: QU0000769210 may exercise any or all oft the following remedies: () withhold Rent and all other payments and reimbursements due or to become due under this Lease until Landlord remedies the misrepresentation or the Postal Service waives such conflict ofi interest, (ii) terminate the Lease on a date set forth in the notice to Landlord without penalty, or (ii) exercise any other remedy it may have for damages or injunctive relief. [Conflict of interest'signature Page Follows) January 2020 V18 Page 3of3 UNITEDSTATES POSTAL: SERVICE. Conflict of interest'signature Page Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 1056 E SOUTHI MAIN ST. FLATONIA. TX78941-9998 County: Fayette Lease: QU0000769210 CONFLICT OF INTEREST CERTIFICATIONI BY LANDLpRD: LANDLORD Please check allt thata applyi ini item A below and complete item BI belowi if necessary. The undersigned certifies tot the Postal Service asf follows: A (Checka allt thata apply) Landlordis (Relationship). thes same house asa af Postal Service employee: (v). None oft thea above B. Ify you checked any of A( (0) through (v) above complete as applicable Q)F Postal Service Employee (Name). () Spouse who works for the Postal Service (Name). (N) Family member whov works fort the Postal Service: (Name). (iv) Household! Member who works fort the Postal Service: (Name). (). AF Postal Service employee ora a business organization owned or controlled! by a Postal Serviee émployee, (ii). Thes spouse ofa Postal Service employee or al business organization owned ord controlled bya a spouse ofal Postal Service employee. (in). Af family member ofa Postal Service employee ora al business organization owned or controlledt byaf family member ofa Postal Service employee. (iv). Ani individual residingi in thes same household asaF Postal Service employee ora ab business organization owned or controlled by ani individualr in residingi (Title). (Tite), (Tille). (Titte). (Location). (Location), (Location), (Location). Clfyouh have checked" 'none of the above" ando during thel lease termo ora any renewal term, you dof falli into any oft the categories listed inA 0) through (v) above, must nolifyt the Postal Service's Contracting Officeri inv writing within 30 days oft thec datey youf falli into any of the categories and shalli include ane explanation ofv which you of The person signing this Lease certifies under penally of perjury that he/she/they has full power and authority tol bind the Landlord named below. thea above categories now applies. LANDLORD NAME: CITYOFFLATONIA Signature: Print Name: Title: Date: Telephone No: Email Address: (Official notices under the Lease ared delivered pursuant to Section 10(n) of the General Conditions to USPSI Lease) POSTAL SERVICE: Signature: Title: Date: Print Name: TERRENCE BRENNAN Contracting Officer January 2020: VI8 Page Lofl UNITEDSTATES POSTAL. SERVICE. Exhibits Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 1056 ES SOUTH MAIN ST, FLATONIA, TX 78941-9998 County: Fayette Lease: QU0000769210 Exhibit A (Legal Description of Propertyl A parcel or tract of land out of one of City Park, not numbered, in the Town of Flatonia, Fayette County, Texas, described by metes and bounds as follows: BEGINNING at a point on the East side of Penn Street 501 feet South of the center oft the main line tract of the Southern Pacific Railroad, said place of beginning being approximately 170 feet North from the Northwest corner of Lot 16, Block 36, in the city of Flatonia, according to the original plat of same; THENCE East parallel to and 501 feet from the center line oft the Southern Pacific Railroad main track, a distance of 1401 feet to a point 225 West from the East line of Market Street; THENCE South parallel with the East side of Penn Street, a distance of 90 feet to the North side of South Main Street; THENCE West parallel with the North side of South Main Street, a distance of 140 feet to the East side of Penn Street; THENCE North along the East side of Penn Street, a distance of 90 feet to the place of beginning; This being a rectangular tract ofl land 90 feet wide by 140 feet deep, containing approximately 12,600 square feet, January 2020:V18 Page 1of3 UNITEDSTATES POSTAL SERVICE. Exhibits Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 1056 E SOUTHI MAIN ST, FLATONIA, TX78941-9998 County Fayette Lease: QU0000769210 Exhibit B Parking Area Intentionally Left Blank January 2020 VI8 Page2of3 UNITEDSTATES POSTAL SERVICE. Exhibits Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105 E SOUTHMAIN: ST, FLATONIA, TX78941-9998 County: Fayette Lease: QU0000769210 Exhibitc Premises Area Lease Defined Space Measurements Rentable SF: Total USPS Leased SF: Total Property Site SF: Exterior, Platform and Ramp: Sq ft 2,025 2,025 12,600 80 Area Comments January 2020.V18 Paye3 3of3 UNITEDSTATES POSTAL SERVICE. General Conditions to USPS Lease Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ES SOUTHI MAIN ST, FLATONIA. TX 78941-9998 County: Fayette Lease: QU0000769210 1.APPLICABLE CODES AND ORDINANCES The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy. The Postal Service agrees to comply with all applicable codes and ordinances to the operations oft the Postal Service at the Premises, to the extent enforceable against the Postal Service. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity. a. Landlord represents and warrants to the Postal Service that as oft the Effective Date, (i) Landlord owns the Building and the Property; (ii) there are no encumbrances, liens, agreements, or covenants in effect that would materially interfere with the Postal Service's ability to operate, or materially impair the Postal Service's rights or materially increase the Postal Service's obligations under this Lease; and (i) Landlord is unaware of any existing or impending condemnation plans, proposed special assessments or other adverse physical conditions relating to the Property (provided that ift the Premises has been previously occupied by the Postal Service, then Landlord's representation regarding adverse physical conditions is limited to conditions that Landiord is responsible for under b. Ift this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to become due from the Postal Service this Lease may be assigned by Landlord to al bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party at at time, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with ai true copy of thei instrument of assignment and other reasonable documentation, 2. LANDLORD'S INTEREST this Lease). including without limitation, al W-9, is filed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. CA Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, oft this clause will be grounds for termination of this Lease by the Postal Service. provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease in a writing that is delivered to the Postal Service along with a notice of the transfer. These shouid be delivered to the Postal Service within 15 days oft the date of the transfer or assignment. In addition, both the original Landlord and the new landlord must execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form within 15 days after receipt of such form from the Postal Service. In addition Postal Service; and January 2020: V18 Paye lof9 UNITEDSTATES POSTAL SERVICE, General Conditions to USPS Lease Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ES SOUTHI MAIN ST. FLATONIA, TX 78941-9998 County: Fayette Lease: QU0000769210 the new landlord shall provide a Federal W-9 form. Until the Postal Service has the required forms, the Postal Service will continue to pay rent and give all notices to Landlord and not the new landlord. Provided Landlord's successor or assignee expressly assumes Landlord's duties and covenants under this Lease, Landlord shall ber released from all liability toward the Postal Service arising from any act, occurrence or omission of Landlord's successor or assign occurring after the transfer of Landlord's interest in this Lease. However, Landlord will not be relieved of liability for its acts, omissions or obligations occurring or accruing up to and including the date of such transfer, and the Postal Service can pursue its remedies for default against either the Landlord or the new landlord. 3.ASSIGNMENTISUBLEASE BY THE POSTAL SERVICE The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from any obligation under this Lease by reason of any subletting or assignment. IfLandlord fails to respondi in writing to a written request to sublease or assign from the Postal Service within thirty days after receipt by Landlord of the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment, as applicable. 4. ALTERATIONS AND RESTORATION a The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags and flagpoles or signs in or upon the Premises or install flags and flagpoles and collection boxes in the common areas (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the Property); which fixtures, additions, structures, flags or signs sO plaçed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term or any renewal term, subject to the provisions of Section 4b b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. The Postal Service is not responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service ati its sole option may, prior to the expiration or termination of the Lease, remove any or all of the alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. Ift the Postal Service elects to abandon, the abandoned alterations andi improvements shall become the property oft the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, iff following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance ofs such alterations or improvements which were installed by the Postal Service during the term of this Lease (and not bylLandlord) in accordance with the Maintenance Rider attachéd to below. this Lease. 5-INTENTIONALLY BLANK] 6.[ INTENTIONALLYE BLANKI 7.HAZARDOUSITOXIC: CONDITIONS CLAUSE January 2020 V18 Page2of9 UNITEDSTATES POSTAL. SERVICE. General Conditions to USPS Lease Facility Name/Location FLATONIA. MAIN OFFICE (483110-001) 105ES SOUTHI MAIN ST, FLATONIA, TX78941-9998 County: Fayette Lease: QU0000769210 a. Definitions. As used in this Lease, the following terms have the following meanings: Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to protection of human health or the environment, including but not limited to () all laws relating tot the release of Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; (ii) all laws pertaining to the protection of the health and safety of employees. "Hazardous Materials" mean () any toxic substance or hazardous waste, substance or related material, or any pollutant or contaminant thati is or may hereafter be defined as ori included in the definition of 'hazardous substances,' "toxic substances," - hazardous materiais," . "hazardous waste" or words of similar import under any and all Environmental Laws; (i) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (ii). any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," - "hazardous waste" or words of similar import Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response AsDestos-Contaning Material" (ACM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any b. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its knowledge and excluding any written disclosures made to the Postal Service: () the Property and premises are free of Environmental Contamination; (i) there are no undisclosed underground storage tanks or associated piping on, in, or under the premises or Property; (ii) there are no ACMs, radon, lead-based paint, or lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landiord has not received, nor is Landlord aware of, notification or other communication from any party concerning any environmental condition, or violation or potential any violation of any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such conditions, potential conditions, or violations of any Environmental Laws regarding the Property or its vicinity defined herein, subsequent to Lease commencement or any renewal thereof, Landlord must disclose the new information to the Postal Service as soon as possible, and under no circumstances later than 5 business days after under any Environmental Laws. action (s) under applicable Environmental Laws. ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. first becoming aware. Environmental Condition of the Premises. (i) Unless due to the negligence of the Postal Service, ifa after the Commencement Date or any renewal thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal Service, Landlord agrees to remediate or abate such Environmental Contamination to the extent required by Environmental Laws. Prior to performing any work, Landlord must seek and receive written approval by the Postal Service Contracting Officer of the Landiord's contractor and scope of work, and such approval will not be unreasonably withheld. The foregoing notwithstanding. the Postal Service shall pay that portion of the costs of remediation of January 2020.V18 Page 3of9 UNITED: STATES POSTAL SERVICE. General Conditions to USPS Lease Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105E SOUTHI MAIN: ST, FLATONIA, TX 78941- -9998 County: Fayette Lease QU0000769210 Environmental Contamination caused directly by the negligence of the Postal Service. The parties agree that neither of the following shall constitute the negligence of the Postal Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control. (i) Ift the Landiord fails to diligently remove, or otherwise respond to in accordance with Environmental Law, any Environmental Contamination, the Postal Service shall have the right toy perform the work, and withhold the cost plus administrative costs and/or interest, from Rent and other payments and reimbursements due or to become due or to become due to Landiord from the Postal Service or federal government. Alternatively, ifLandiord fails to prosecute the work as required and the Postal Service determines that the Premises are untenantable or unfit for use or occupancy, the Postal Service may, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law: Completion of the work by Postal Service shall not relieve Landlord of its responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the Rent and all other payments and reimbursements due or to become due under this Lease for any period the Premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable or unavailable toit by reason of such condition. If non-friable ACM, whether disclosed by the Landlord prior to execution of this Lease ors subsequently found in or ont the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable. ACM shall be performed by the Landlord at the Landlord's sole cost and expense. IFfACM in or on the Property or the Building was rendered friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM: at the Postal Service's sole cost and expense. The parties agree as follows: (1) to the extent a failure by the Postal Service to maintain the improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACMi in the Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense; and (2) to the extent a failure by the Landlord to maintain the improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM int the Premises to become friable, such failure shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable. ACM at the Landlord's sole cost and (ii) Without limiting the foregoing, regardless of whether Landlord is required by this Lease to provide fuel for a heating system as set forth in the Utilities and Services Rider, any investigative and remediation cost associated with ai release or suspected release off fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused by the negligence of the Postal Service's agents or employees, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the d.F Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or e. Landlord Indemnification of Postal Service. The Landlord hereby indemnifies and holds harmless the Postal Service and its offiçers, agents, representatives, and from and against any and all claims, losses, damages, expense. Postal Service's agents' or employees' negligence. entities responsible for such Environmental Contamination. January 2020:V18 Page4of9 UNITEDSTATES POSTAL SERVICE. General Conditions to USPS Lease Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ES SOUTHI MAIN ST. FLATONIA. TX78941-9998 County: Fayette Lease: QU0000769210 actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any violation of this Clause or in any way arising out of or connected to Environmental Contamination on the Property, except that Landlord shall not be required to indemnify the Postal Service for, and tot the extent of, that portion of the Environmental Contamination caused directly by the negligence oft the Postal Service. The parties agree that neither of the following shall constitute the negligence of the Postal Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control. 8. FORCE MAJEURE Int the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a" "Required. and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, Act"). civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a "Force Majeure Event"), then the performance of such Required Act shall be excused for the period of delay, and the time period for performance of the Required Act shall be extended the number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain adequate or other financing, shall not be deemed to constitute al Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force for the time and could not have been reasonably anticipated and (i) that the weather conditions complained of had as significant adverse effect on the performance of a Required Act. To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made oft the weather for the time of performance of the Required Act with the average oft the preceding ten (10) years climatic range based on the National Weather Service statistics for the nearest weather reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Acty will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena ofr normai intensity for the locality where the Premises are located. a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the "Act"). Except as provided in the Act, all disputes arising under or relating to this Lease b." "Claim,"a as used in this clause, means a written demand or written assertion by one of the contracting terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion the seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in is not a claim under the Act. The submission may be converted to a claim under the Act by same by written Majeure Event, the notice shall be accompanied by data substantiating () that the weather conditions were abnormal 9. GOVERNING LAW; CLAIMS AND DISPUTES must be resolved under this clause. matter parties by when dispute seeking, as a Landlord submitted with the of right, the payment of money in a sum certain, the adjustment or interpretation of contract submission and certification requirements of this clause, ifiti is disputed either as to liability or complying amount or is not acted upon in a reasonable time. C. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the Postal Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: January 2020.V18 Paye 5of9 UNITEDSTATES POSTAL. SERVICE, General Conditions to USPS Lease Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ES SOUTHMAIN ST. FLATONIA, TX 78941-9998 County: Fayette Lease. QU0000769210 "certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that! lam duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. d. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which e. The Postal Service Contracting Officer's decision is final unless the Landiord appeals or files a suit as provided in fWhen a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d oft this clause must be provided for any claim, regardless of dollar amount, before ADR is used. the decision will be made. the Act. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. h.s Simple interest on claims will be paid at a rate determined in accordance with the Act. . Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting jInt the case where the Landlord has alleged a Postal Service default, and where the Postal Service has vacated the Premises, Landlord must use reasonable efforts to obtain another tenant for the Premises at a fair market rental k. In no event shall the Postal Service or Landlord be liable for any consequential, punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated damages, ifany, provided fori in Officer. and to otherwise mitigate its damages. any work letter or other rider or attachment to this Lease. 10. GENERAL a. Quiet Enjoyment. Without limiting any rights the Postal Service may have by statute or common law, Landlord covenants and agrees that, provided that the Postal Service is noti in default under this Lease, and for sO long as this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming by, through or under Landlord. Int the event of substantial, material or unreasonable interference by Landlord as a result of the Landlord exercising its rights and obligations under this Lease, the Rent and all other payments and reimbursements due or to become due under this Lease all shall be equitably abated if thei interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 January 2020. V18 Page 6of9 UNITEDSTATES POSTAL SERVICE. General Conditions to USPS Lease Facility Name/Location FLATONIA- -MAIN OFFICE (483110-001) 105E SOUTH MAIN ST, FLATONIA, TX7 78941-9998 County: Fayette Lease. QU0000769210 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection with such move. b.E Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this C. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing inspections, maintenance or repairs that are the responsibility of Landlord under this Lease; provided that no inspections may occur during the Postal Service's peak season (November 1 of each year through January 31 of the following year) other than those necessitated by the sale or refinance of the Property. The Landiord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth in a separate right ofe entry agreement available to Landlord upon written request to the Postal Service. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end oft the Lease term, showing the property to potential tenants, shall d. Calendar Days. All references herein to' "days" shall mean calendar days unless specified to the contrary. e. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original buti is an electronic signature, scanned signature or a digitally encrypted signature, then such electronic signature, scanned signature or digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. Signatures required under this Lease, or any amendments, addendums, assignments, or other records associated therewith, may be transmitted by email or by fax and, once received by the party to whom such signatures were transmitted, shall be binding on the party N Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any! kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall bei in writing and sent by (i) United States mail, certified, postage prepaid or (ii) by Priority Mail Express (overnight), in eachi instance to the addresses set forth below or at such address as either party may advise the other from time to time in writing. Notices to the Postal Service must include the identification of the façility name and location to be effective. Notices given as required by this Lease will be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery). Lease as needed. be at the sole discretion of the Postal Service. transmitting its signatures as though they were an original signature of such party. January 2020 VI8 Page7of9 UNITEDSTATES POSTAL SERVICE. General Conditions to USPS Lease Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105 E SOUTH! MAINS ST, FLATONIA, TX7 78941-9998 County: Fayette Lease QU0000769210 To Landlord at: CITY OF FLATONIA POBOX329 FLATONIA, TX78941-0329 With acopy to: To the Postal Service at: Contracting Officer USPS Facilities Leasing West PO Box 5527 Denver, CO 80217-5527 Postmaster/nstalaton Head With a copy to: 105E SOUTH MAIN ST, FLATONIA, TX 78941-9998 Anything in thei foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landiord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord. 11. FACILITIES NONDISCRIMINATION a.B By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b.T The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text ofi incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at http.llabout. sps.commanualsppmmisppiontm or by searching www.usps.com,. Clause 1-5, Gratuities or Gifts Clause 1-6, Contingent Fees Clause 9-3, Davis-Bacon Act' Clause 9-7, Equal Opportunity2 Clause 9-13, Equal Opportunity for Workers with Disabilities3 Clause 9-14, Equal Opportunity for VEVRAA Protected Veterans4 Clause 9-16, Employer Reports on Employment of Protected Veterans4 Clause B-25, Advertising of Contract Awards January 2020/V18 Page 8of9 UNITED: STATES POSTAL. SERVICE. General Conditions to USPS Lease Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105E SOUTH MAIN: ST. FLATONIA, TX78941-9998 County. Fayette Lease: QU0000769210 Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," contractor,"and "lessor"are: synonymous with' "Landlord,"and the term' "contract" is synonymous with' "Lease." For premises with net interior space in excess of 6,500SF. 2For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4F For leases aggregating payments of $25,000 or more. January 2020V18 Page9of9 UNITEDSTATES POSTAL SERVICE. Maintenance Rider Landlord Responsibility Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ESOUTHI MAIN ST. FLATONIA, TX7 78941-9998 County: QU0000769210 Fayette Lease 1.1 Landlord Responsibilities. Landlord shall, except as otherwise specified herein and except for damage resulting from, and to the extent of, the negligence of the Postal Service's agents or employees (which portion of the damage arising directly from Postal Service's agents or employees negligence shal! be the responsibility of the Postal Service), maintain the Premises, including the building and any and all equipment, fixtures, systems, common façilities and appurtenances (including but not limited to parking lots, driveways, fencing and sidewalks). furnished by Landlord under this Lease, in good repair and tenantable condition consistent with standards of comparable buildings and/or projects located in the vicinity oft the Property. Landlord's duties under this Rider shall include repair and replacement, as necessary, andi includes without limitation: aP Pest Control. Landlord is responsible fori inspection, prevention and eradication of vermin, birds, insects, including, without limitation, termites and any other wood-eating insects and for repairs of any damage b. Casualty. Landlord is responsible to repair damages resulting from Acts of God; acts of public enemy, riot or insurrection; and vandalism and damages resulting from fire or other casualty (except to the extent such damages were caused due to the negligence of the Postal Service agents or employees in which case the Postal Service shall be responsible for the portion of repairs caused directly by its negligence). C.HVAC. Any heating system and air conditioning equipment furnished by Landlord must be properly sized for thet facility, must bei in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation; such system and equipment must be capable of providing heat to a minimum temperature of 68 degrees Fahrenheit (68°F) and cooling to a maximum temperature of 78 degrees Fahrenheit (78°F) in all enclosed portions of the Premises (excluding any rear vestibule) at all times during the appropriate seasons. Landlord shall be responsible for maintaining and servicing oft the heating system and air-conditioning equipment, including, refrigerant and filters per manufacturer's recommendation as required for proper operation of the d. Heating and Hot Water Supply. Boilers and unfired pressure vessels provided by Landlord as part of the Premises shall be maintained and, if necessary, replaced by the Landlord in accordancewith the most stringent of the federal, state or local codes and ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Society of Mechanical Engineers Boiler and' Vessel Code, must be provided by Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections and require corrective actions by Landlord. e.E Electrical System. Any electrical/power system furnished by Landlord must be properly sized for the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that itr remains in good working order andi in proper operation. V Water and Sewer. Whether public or private water or sewer systems are provided, said systems (including potable water) must be properly sized for the facility and be maintained, in good working order at all times during the term and replaced by Landlord as necessary to ensure that the same remain in good working resulting therefrom. equipment and for replacing the same at the end of its useful life or earlier. order including having any inspections that may be required performed. January 2020/V18 Pagelof3 UNITEDSTATES POSTAL SERVICE. Maintenance Rider Landlord Responsibility Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ESOUTHN MAIN ST, FLATONIA, TX78941-9998 County: Lease; QU0000769210 Fayette 9. Wiring. Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment, Closed Circuit Television, Very Small Aperture Terminal, Criminal Investigation System, Intrusion Detection System, etc., installed by Landlord shall be maintained, and if necessary, replaçed by Landlord. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, h. Utilities Distribution Systems. Landlord is responsible for all utilities (i.e., water, gas, electrical, sewer) distribution systems and structures and the components thereof which deliver such utility services to the Premises and the Property, including but not limited to base building electrical, plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, under floors and inside ceilings. This excludes additional systems andlor structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment telephone handsets, and Point-of-Service equipment oft the Postal Service. needs. 2. Postal Service Responsibilities. Notwithstanding: anything herein to the contrary, the Postal Service shall, except for damage resulting from, and to the extent of, the negligence of Landlord's, agents, employees, or contractors, maintain the following items at the Premises if originally installed by the Postal Service: flag poles, dock lifts, roli-up customer service windows, roll-up doors, scissor lifts, electronic security systems, and lobby and back-door locks. The Postal Service's duties include repair and replacement, as necessary, oft the aforementioned items and shall be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary. The Landiord shall be responsible for the portion of maintenance, repair and replacement costs for damage to such items resulting directly from its negligence. 3.0 Completion of Maintenance, Repair, or Replacement by Landlord. a. Ift the Landlord is required to maintain, repair or replace something under this Lease, including, without limitation, this Rider, Landiord must perform all maintenance, repairs and replacements promptly and in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in such notice provided by the Postal Service. If Landlord does not finish such maintenance, repairs or replacements within the time period set forthi in the Postal Service's notice, then unless the Landlord requests more time, and the Postal Service grants more time using its reasonable judgment, then the Postal Service may () perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to beçome due to Landlord from the Postal Service or federal government, or (i) terminate the Lease on a date specified b. In the case of an emergency (as reasonably determined by the Postal Service), then notwithstanding the above provision, the Postal Service may give Landlord notice by phone or other method and may give such shorter notice as is practicable under the circumstances. Upon notice, Landlord must immediately start the maintenance, repairs or replacements andi if Landlord fails to start such maintenance, repairs or replacements immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from by the Postal Service in the notice to Landlord. January 2020:V18 PageZof3 UNITEDSTATES POSTAL SERVICE. Maintenance Rider Landlord Responsibility Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105ESOUTHI MAIN: ST, FLATONIA, TX78941-9998 County: Fayette Lease; QU0000769210 the Landlord and from Rent and any other payments and reimbursements due or to become due to Landiord C. Ina addition to any other remedies of the Postal Service, the Postal Service may abate Rent and all other payments and reimbursements due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion oft the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use as a result of Landlord's failure to maintain, repair or replace as required by this Lease. Rent and other payments due or to beçome due to Landlord willl be abated in proportion to thei impairment or loss of use as determined by the 4. Health and Safety. In performing the maintenance, repair and/or replacement obligations under this Lease, a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent from the Postal Service or the federal government. Postal Service. Landiord must: Occupational Safety and Health Act of 1970 (OSHA); they are not in conflict with section (a) above; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts ofa lower tier. The term' "Landlord" as used in this ciause in any contract must be deemed to refer to the contractor. 5.1 Landlord Access. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2' Emergency" prior to entry. When entering or performing any repair, maintenance, replacements or other work in the Premises, Landlord, its agents, employees and/or contractors () shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by al Postal Service employee when noti in public areas; and (ii) shall use commercially reasonable, good faith efforts not to affect, interrupt ori interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises by more than a de minims extent, as determined by the Postal Service January 2020V18 Page 3of3 UNITEDSTATES POSTAL SERVICE. Utilities and Services Rider Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 1056 E SOUTHI MAIN ST, FLATONIA, TX 78941-9998 County: Fayette Lease: QU0000769210 Unless otherwise indicated below, the responsibilities of Landlord identified in this Utilities and Services Rider area part of the Rent paid under the Lease and are not subject to reimbursement by the Postal Service. 1.H HEAT off fuel. 2. ELECTRICITY The Postal Service pays all recurring fuel charges to the Premises, provided such charges are separately metered, bya a meter or sub-meter installed by Landlord at Landlord's expense, to measure the Postal Service's consumption The Postal Service will pay all recurring electric bills, provided such charges are separately metered, by a meter or sub-meter installed by Landlord at Landlord's expense, to measure the Postal Service's consumption. 3.V WATER At all times, Landlord must ensure that there is potable water serving the Premises. If at any time the water provided to the Premises is not potable, then the Landlord shall furnish potable water in a quantity sufficient to serve the maximum number of postal employees located at the Premises on a regular basis, and shall ensure such potable water is available at all times. Landlord must pay for all recurring charges related to the provision of such The Premises are hooked up to a public water system. The Postal Service must pay for all recurring charges for provision of such water services, provided such charges are separately metered by a meter or sub-meter installed potable water. by Landlord at Landlord's expense, to measure the Postal Service's consumption. 4. SEWER The Premises are hooked up to a public sewer system. The Postal Service must pay for all recurring charges for such sewer services, provided such charges are separately metered, by a meter or sub-meter instalied at Landlord's expense, for the measurement of Postal Service's consumption. 5.TRASH Postal Service is responsible for all trash removal and disposal from the Premises and will provide its own trash receptacle or receptacles at its cost in al location acceptable to the Postal Service either on the Premises or in the common areas, if any. 6. SNOW The Postal Service agrees to remove snow and ice at the cost of the Postal Service from only those areas used exclusively by the Postal Service, which may include all or only portions of the sidewalks, driveways, drive aisles, entrances, exits, parking and maneuvering areas, and any other areas providing exclusive access to the Premises used by the Postal Service's employees, contractors, or customers (including,but not limited to, stairs, handicap access ramps, carrier ramps, etc.). The Postal Service is not responsible for, and will not pay the costs of, the removal of snow and ice from the roof or any areas not exclusively used by the Postal Service. Landlord is responsible for and must pay! the costs of the timely removal of snow and ice from the roof, as well as all areas not exclusively used by the Postal Service. January 2020/V18 Page 1of2 UNITEDSTATES POSTAL SERVICE. Utilities and Services Rider Facility Name/Location FLATONIA- MAIN OFFICE (483110-001) 105E SOUTH! MAIN ST, FLATONIA, TX7 78941-9998 7.0 CUSTODIAL SERVICES County Fayette Lease QU0000769210 Custodial Services for purposes oft this Lease means the following: all duties considered necessary or desirable by the Postal Service to maintain cleanliness at the Premises and the Property. Custodial services include, but are not limited to thei following tasks: vacuum and mop floors, empty trash containers, clean windows, sanitize bathroom fixtures and carry out any other tasks related to cleaning dirt and debris from the inside or the outside ofay particular The Postal Service will provide its own custodial services for thei interior and exterior oft the Premises at its cost. Landscaping for purposes oft this Lease means an exterior area devoted to or developed and maintained with plantings, decorative outdoor landscape elements, sculptures, benches, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding sidewalks, driveways, parking, loading or storage The Postal Service has no responsibility for any landscaping, except that the Postal Service will be responsible for cutting the grass and trimming lows shrubs at such times and in such manner as the Postal Service determines building. Custodial services do not include roof or gutter cleaning, or landscaping. 8.L LANDSCAPING areas). necessary in its sole discretion. January 2020/V18 Page2of2 February 24, 2023 COMMISSIONAGREEMENT This Agreement, made as oft the last date written below, is between CITYOFFLATONIA ("Lessor"), and Jones Lang LaSalle Americas, Inc. ("Broker") as co-broker to Jones Lang LaSalle Americas, Inc. ("Agreement"). and confirms the terms under which Lessor will pay a real estate brokerage commission to Broker for the lease ('Lease) between Lessor and the 1. Lessor will pay Broker, and Broker will accept as its full and only compensation for services rendered in connection with the Lease, an agreed upon rate thati isi in accordance with local business practices. The Lessor and Broker have agreed upona 2. The commission will be eared 100% upon fulle execution of the Lease and will be paid within ninety (90) days of execution 3. The Aggregate Lease Value will include the initial rental to be paid by Tenant on all space leased by the Tenant and the Lease. The Aggregate Lease Value will not include any rental abatement, operating expenses and/or real estate taxes, any additional amounts paid by Tenant for services over and above those furnished by Lessor as part of the Lease, and option periods and/or lease terms beyond the initial term oft the Lease. In no event shall the foregoing preclude Broker from receiving a commission for any extension, renewal, expansion or additional leasing in the event Tenant has engaged Broker 4. Lessor agrees that it will not modify or in any way reduce the amount of Broker's commission hereunder. If either party institutes any action or proceeding against the other relating to the provisions of this Agreement, the unsuccessful party in the action or proceeding will reimburse the prevailing party all reasonable expenses, attorneys' fees, and disbursements. 5. This Agreement will continue to be in effect until the first anniversary of its full execution. If on the first anniversary the Lessor and Tenant are still negotiating for the Lease of the subject property, to the extent not prohibited by law, this Agreement willl be automatically extended until such negotiations cease or a lease is fully executed. 6. This Agreement constitutes the entire agreement between Lessor and Broker and supersedes all prior discussions, negotiations, and agreements, whether oral or written. No amendment, alteration, or withdrawal of this Agreement will be valid or binding unless made in writing and signed by both Lessor and Broker. This Agreement will be binding upon the 7. Lessor and Broker each represents and warrants to the other that, in connection with Tenant's Lease of the subject property, it has not employed or dealt with any broker, agent, or finder other than Broker. Lessor and Broker shall each indemnify and hold the other harmless from and against any claims for brokerage fees or other commissions asserted by any broker, agent or finder employed by Lessor or Broker, respectively, or with whom Lessor or Broker, respectively, has 8. Lessor and Broker agree not to disclose confidential financial information on commission, or any other information having an adverse effect on the agreement and will refrain from using thei information for any other purpose than that for which it was 9. Each party shall be responsible to the other party only for the reasonably foreseeable direct damages caused byi its breach oft this Agreement and in no event will either party be liable to the other for any loss of or damage to revenues, profits, or goodwill or other special, incidental, indirect, or consequential damage of any kind resulting fromi its performance orf failure to perform pursuant to the terms of this Agreement. In no event shall Broker's liability for damages in connection with a claim made hereunder, including any indemnification obligation arising hereunder, exceed the amount of any commission actually 10. Each signatory to this Agreement represents and warrants that it has full authority to sign this Agreement on behalf United States Postal Service (Tenant") of that certain real property described as: FLATONIA MAIN OFFICE, 105 E SOUTH MAIN: ST, FLATONIA, CO USPS Property ID 483110-001 commission equal to: Annual Rent $14,175.00 annual fixed Total Rent $70,875.00 Commission Rate 4% Amount Due $2,835.00 without further condition or contingency. or other periodic bumps and/or fixed annual other periodic rent escalations occurring during thei initial term any of tor representi it. THE PARTIES HEREBY WAIVE TRIAL BY. JURY. successors and assignees oft thej parties. dealt. furnished. The parties agree thatt there may be a client fee share, ifa allowed by applicable law. received by Broker under this Agreement. party for whom its signs and that this Agreement binds such party. BROKER: LESSOR: CITY OF FLATONIA By: Name and Title Dated: - Jones Lang LaSalle Americas, Inc. By: Name and Title Dated: CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA3.1.2023.7 Consider and take appropriate action on changing the name of the baseball field tol Mike Schulze Ball Field Summary: The American Legion has voted on changing the name of the baseball field to Mike Schulze Ball Field. They are asking that the council approve the name change. Option(s): . Imove to approve changing the name of the baseball field to Mike Schulze Ball D If you are opposed to not 2nd or make any motion. If a motion is not made, the Field. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. City ofFlatonia City Council March 21, 2023 Executive Session Certified. Agenda A. ANNOUNCEMENTBYMAYOR Pursuant to the Texas Open Meetings Law (V.T.C.A., Government Code, $551.001 et seq.), the Mayor now calls an Executive Session on the 20th day of February 2023, at. p.m. under thei following authority: 1. Section 551.072- The Council may enter into a closed or executive session to discuss possible purchase, exchange, lease, or value of real estate including the potential ownership of park land. 2. Section 551.071 - The Council may enter into closed or executive session to discuss pending or contemplated litigation or to seek the advice of the City Attorneyincluding Flatonia Fire and Rescue Inc. B. DISCUSSIONITEM The subject matter of the Executive Session is as follows: 1. Possible purchase, exchange, lease or value of real estate pursuant to Section 551.072including the potential ownership of park land. Record off further action taken: No action taken. Staffi instructed to provide additional information to bej presented at a Staffinstructed to place item on open meeting agenda for final action. subsequent executive session. 2. Deliberation regarding Pending or contemplated litigation or to seek the advice of the City Attorney pursuant to Section 551.074,including Flatonia Fire and Rescue, Inc. Record of further action taken: No action taken. Staffinstructed toj provide additional information to be presented at a Staffinstructed to place item on open meeting agenda for final action. subsequent executive: session. C. ANNOUNCEMENTBYMAYOR The City Council has completed the Executive Session at p.m. on the 20th day of February 2023. D. CERTIFICATION Ihereby certify that this Agenda of an Executive Session of the Flatonia City Council is a true and correct record oft the proceedings pursuant to those sections oft the Texas Government Code under which a description of the discussion is provided above. WITNESS my hand this 21st day of March 20 23. Dennis Geesaman Mayor ATTEST: Sonya Bishop City Manager