R-82-457 - 6/10/1982 4
STATE OF TEXAS §
§ LEASE
COUNTY OF WILLIAMSON §
This Agreement made this /01/( day of
1982, between the Lutheran Social Service of Te as, Inc. , as
Lessor, and the City of Round Rock, Texas, a municipal
corporation, as Lessee, witnesseth:
I. Leased Premises
The Lessor does hereby lease to the Lessee the following
described premises situated in the City of Round Rock, Wil-
liamson County, Texas, to-wit: Approximately six (6) acres of
the tract of land south of Main Street in Round Rock, owned
by Lessor and outlined in red ink on the attached exhibit.
II. Term of Lease
The term of this lease shall be for five (5) years to
commence on June 1, 1982, and continue for a period of five
(5) years unless sooner terminated by a breach of the terms
and conditions of this lease by Lessee, or by abandonment of
the premises by Lessee. The lease shall continue thereafter
on an annual basis unless either party gives written notice
one hundred and eighty (180) days prior to the anniversary
date of the commencement of this lease. Notice shall be in
writing, delivered to the other party either personally or by
registered mail.
If Lessee shall default in the performance of any terms
and conditions of this lease and the default shall continue
for ninety (90) days after written notice thereof to Lessee,
then Lessor shall have the option to declare the lease term
ended, and to recover possession of the premises.
III. Rent
Lessee shall pay rent for said premises during the
continuance of this lease at the rate of $1.00 per year
payable in advance on the commencement date of this lease and
each anniversary thereafter.
IV. Quite Possession
Lessor covenants that it owns the leased premises in fee
simple and has the full right to make this lease and that
Lessee shall have quite and peaceable possession of the
premises during the term hereof.
V. Use
Lessee shall use the premises for a park, ballfields,
recreation and other youth and community oriented services.
VI. Right To Sublet
Lessee shall have the right to sublet said premises or
any part hereof as long as the sublessee is a non-profit
civic or community service organization and the proposed use
does not conflict with paragraph V above.
VII. Improvements
Lessee shall have the right to make alterations, addi-
tions and improvements on said premises subject to approval
by Lessor. Notification to Lessor shall be in writing and if
not refused by Lessor within ten (10) days of receipt of such
notification, any alterations, additions and improvements
shall be deemed approved. All such alterations, additions and
improvements shall be regarded as removable fixtures and
Lessee shall retain title but must clear away the premises
upon termination of this lease if Lessor demands.
VIII. Indemnification
Lessee shall indemnify Lessor against all liability
arising during the lease term from injury to person or
property, occasioned wholly or in part by any act or omission
of Lessee, or of its guests, employees, assignees, or sub-
lessees. In addition, Lessee agrees that the premises will be
insured for liability purposes in an amount of at least
$300,000.00.
IX. Miscellaneous
1. Notices: Any and all notices or other communication
required or permitted by this lease by the other party hereto
shall be in writing and shall be deemed duly served and given
when personally delivered to the party to whom it is
directed, or in lieu of such personal service, when deposited
in the United States mail, postage prepaid, addressed to
Lessee at 214 E. Main, Round Rock, Texas, or to Lessor at
P.O. Box 4736, Austin, Texas 78765. Either party hereto may
change his address by giving written notice of such change to
the other party in the manner provided for in this paragraph.
2. Waiver of Breach: The waiver by Lessor of any breach
of any provision of this lease shall not constitute a con-
tinuing waiver or a waiver of any subsequent breach of the
same or a different provision of this lease.
3. Time of Essence: Time is expressly declared to be of
the essence of this lease.
4. Binding of Assigns: All provisions of this lease
shall extend to and bind, or inure to the benefit not only of
the parties hereto but to each and every one of the repre-
sentatives, successors, and assigns of Lessor or Lessee.
S. Rights and Remedies Cumulative: The rights and
remedies provided by this lease agreement are cumulative and
the use of any one right or remedy by either party shall not
preclude or waive its right to use any or all other remedies.
Said rights and remedies are given in addition to any other
rights the parties may have by law, statute, ordinance, or
otherwise.
6. Texas Law To Apply: This agreement shall be construed
under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are
performable in Williamson County, Texas.
7. Legal Construction: In case any one or more of the
provisions contained in the agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect,
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such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this agreement shall
be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
B. Prior Agreements Superseded: This agreement consti-
tutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agree-
ments between the parties respecting the within subject
matter.
9. Amendment: No amendment, modification, or alteration
of the terms hereof shall be binding unless the same be in
writing, dated subsequent to the date hereof and duly
executed by the parties hereto.
IN WITNESS WHEREOF, the undersigned Lessor and Lessee
hereto execute this agreement as of the day and year first
written above.
LESSOR
LUTHERAN SOCIAL SERVICE OF
TEXAS,, IN/C.
By:
Robert C. Greene, President
ATTEST: J a// //�
44 k-
ila Collins, Secretary
LESSEE
CITY OF OU D ROC T AS
By
L y L o Mayor
ATTEST:
Jc6inne Land, 'City Secretary
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EXHIBIT "A"
1
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RESOLUTION NO.
WHEREAS, the Lutheran Social Service of Texas, Inc. owns
approximately six (6) acres of land on east Main Street which
has been made available to the City for Little League ball
fields and other recreational uses, and
WHEREAS, the City of Round Rock and the Lutheran Social
Service of Texas, Inc. wish to enter into a written lease
agreement to continue the present use of the property, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor is hereby authorized and directed to
execute on behalf of the City, a lease agreement with the
Lutheran Social Service of Texas, Inc. , a copy of which lease
agreement is attached hereto and incorporated herein for all
purposes.
RESOLVED this /O 7N day of �8 .
RY L. O Ma or
City of Round Rock, Texas
ATTEST:
(L2'9'yJy-1
J
J NNE LAND, ity Secretary
THE CITY OF ROUND ROCK
214 E.Main St. • AC 512.255.3612 • Round Rock,Texas 78664
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"GOOD LIVING WITH A PROUD HERITAGE"
LARRY L.TONN
Mayer
MIKE ROBINSON
May°rPrp-tem July 23, 1982
COUNCIL MEMBERS
MIKE HEILIGENSTEIN
GRAHAM HOWELL
PETE GORREA
JOE BAKER
TRUDY L.LEE
BOB BENNETT
City Manager -
STEPHAN L.SHEETS
c• Lutheran Social Services
E.
RANDY DY E.DRE WETT '
Municipal Judge of Texas, Inc.
c/o Robert C. Greene
P.O. Box 4736
Austin, Texas 78765
Dear Rev. Greene:
Enclosed is your executed copy of the lease agreement between
the Lutheran Social Services of Texas, Inc., and the City of
Round Rock for the Kiwansis Little League Ballfields.
Thank you for all of your help and cooperation. If I can ever
be of help to you, please do not hesitate to call on me.
Sincerely,
o
City Secretary
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