Loading...
R-83-501 - 2/10/1983STATE OF TEXAS COUNTY OF WILLIAMSON § SUB -LEASE TA' g � This Agreement made this �Q ` day of 19/3 between the City of Round Rock, Texas, a mun ipal corporation, as Sub - Lessor, and the Round Rock Little League, as Sub - Lessee, witnesseth: I. Leased Premises The Sub - Lessor does hereby sub -lease to the Sub- Lessee the following described premises situated in the City of Round Rock, Williamson County, Texas, to -wit: Approximately five (5) acres of the tract of land south of Main Street in Round Rock, leased by Sub- 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 Sub- Lessee, or by abandonment of the premises by Sub - Lessee. If Sub- Lessee shall default in the performance of any terms and conditions of this lease and the default shall continue for sixty (60) days after written notice thereof to Sub - Lessee, then Sub - Lessor shall have the option to declare the lease term ended, and to recover possession of the premises. III. Rent Sub - 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. In addition, Sub - Lessee agrees to pay for electricity used. IV. Use VI. Indemnification Sub - Lessee shall use the premises for ballfields and other youth oriented services. Sub - Lessee shall have exclusive use of the property only during the Little League season. V. Improvements Sub - Lessee shall have the right to make alterations, additions and improvements on said premises subject to approval by Sub - Lessor. Notification to Sub- Lessor shall be in writing and if not refused by Sub - Lessor within thirty (30) 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 Sub - Lessee shall retain title but must clear away the premises upon termination of this lease if Sub - Lessor demands. Sub- Lessee shall indemnify Sub - 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 Sub - Lessee, or of its guests, employees, assignees, or sub - lessees. Sub - Lessee agrees to obtain and keep in effect a liability insurance policy in the amount of at least $300,000.00. VII. 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 Sub - Lessor at 214 E. Main, Round Rock, Texas, or to Sub - Lessee at P.O. Box , Round Rock, Texas 78664. 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 Sub- Lessor of any breach of any provision of this lease shall not constitute a continuing 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 Sub - Lessor or Sub - Lessee. 5. 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, 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. 8. 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. - 2 - IN WITNESS WHEREOF, the undersigned Sub - Lessor and Sub - Lessee hereto execute this agreement as of the day and year first written above. ATTEST: nne Land, City Secretary SUB - LESSEE ROUND ROCK LITTLE LEAGUE By : By: SUB - LESSOR CITY OF La : L. Tonn, ayor - 3 - XAS KIWANIS PARK CACS. ;., 0 AVE. MAIN ST. MO -PAC R. R. NORTH NO SCALE /•5.8 WHEREAS, the City of Round Rock leases approximately six (6) acres of land from the Lutheran Social Service of Texas, Inc. for the recreation, youth and other community oriented purposes, and WHEREAS, The Round Rock Little League wishes to sub- lease a portion of the said property for use as ballfields, and WHEREAS, the City Council wishes to enter into a lease agreement with the Round Rock Little League, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor of the City of Round Rock, Texas, is hereby authorized and directed to execute on behalf of the City, a lease agreement, a copy of such agreement being attached hereto and incorporated herein for all purposes. RESOLVED this - l0 - day of 1983 ATTEST: NE LAND, C y Secretary RESOLUTION NO. .50/ LARRY -i TONN, Ma or City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON § SUB -LEASE This Agreement made this day of 19 between the City of Round Rock, Texas, a municipal corporation, as Sub- Lessor, and the Round Rock Little League, as Sub- Lessee, witnesseth: I. Leased Premises The Sub - Lessor does hereby sub -lease to the Sub- Lessee the following described premises situated in the City of Round Rock, Williamson County, Texas, to -wit: Approximately five (5) acres of the tract of land south of Main Street in Round Rock, leased by Sub - 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 Sub- Lessee, or by abandonment of the premises by Sub - Lessee. If Sub- Lessee shall default in the performance of any terms and conditions of this lease and the default shall continue for sixty (60) days after written notice thereof to Sub - Lessee, then Sub - Lessor shall have the option to declare the lease term ended, and to recover possession of the premises. III. Rent Sub- Lessee shall pay rent for said premises during the continuance of this lease at the rate of 51.00 per year payable in advance on the commencement date of this lease and each anniversary thereafter. In addition, Sub- Lessee agrees to pay for electricity used. IV. Use Sub - Lessee shall use the premises for ballfields and other youth oriented services. Sub- Lessee shall have exclusive use of the property only during the Little League season. V. Improvements Sub - Lessee shall have the right to make alterations, additions and improvements on said premises subject to approval by Sub- Lessor. Notification to Sub - Lessor shall be in writing and if not refused by Sub - Lessor within thirty (30) 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 Sub - Lessee shall retain title but must clear away the premises upon termination of this lease if Sub - Lessor demands. VI. Indemnification Sub - Lessee shall indemnify Sub - 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 Sub - Lessee, or of its guests, employees, assignees, or sub - lessees. Sub- Lessee agrees to obtain and keep in effect a liability insurance policy in the amount of at least $300,000.00. VII. 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 Sub- Lessor at 214 E. Main, Round Rock, Texas, or to Sub - Lessee at P.O. Box , Round Rock, Texas 78664. 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 Sub - Lessor of any breach of any provision of this lease shall not constitute a continuing 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 Sub - Lessor or Sub - Lessee. 5. 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, 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. 8. 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. - 2 - IN WITNESS WHEREOF, the undersigned Sub - Lessor and Sub - Lessee hereto execute this agreement as of the day and year first written above. ATTEST: .4141 i ../ /... 0 ne Land, Ci y Secretary SUB- LESSEE ROUND ROCK LITTLE LEAGUE By: f .� . SUB- LESSOR - 3 - IKIWANIS PARK 6 ACS. MO -PAC R. R. NORTH NO SCALE /.5•8t.