R-87-971 - 3/26/1987 RESOLUTION NO.
WHEREAS, the City of Round Rock leases approximately six
acres of land from the Lutheran Social Services of Texas, Inc.
for recreation, youth and other community oriented purposes,
and,
WHEREAS, the City Council wishes to enter into a lease
extension with the Lutheran Social Services of Texas, Inc., and
WHEREAS, Lutheran Social Services of Texas, Inc. has agreed
to extend the lease until June 10, 1988, 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, the
lease extension with the Lutheran Social Services of Texas, Inc.
a copy of said agreement being attached hereto and incorporated
herein for all purposes.
RESOLVED this 40' day of March, 1987.
/y"
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
Jo ne
oa-9-�
City Secretary
STATE OF TEXAS
LEASE EXTENSION
COUNTY OF WILLIAMSON /� - -
This agreement made this 2�0 4 day of 7)uA �- /
�i, ,
1987 between Lutheran Social Service of Texas, Inc., as lessor
and the City of Round Rock, Texas, a Municipal Corporation, as
lessee, witnesseth:
That the Lessor and Lessee on the 10th day of June, 1982
executed a lease for a term of five (5) years, beginning on June
1, 1982 covering premises described as follows, to wit: See
attached Exhibit "A".
And Further, That the terms of the lease specified that it
was to continue on a year to year basis after the initial five
year term and provided for certain notice periods prior to
termination.
And Further, That the Lessor has now notified the Lessee
that it wishes to change the ending date and the automatic
extension provisions of said lease;
NOW THEREFORE the Lessor and Lessee hereby agree as follows:
I. Term of Lease
That the term of the lease is hereby extended to June 10,
1988.
The lease shall continue thereafter on an annual basis
unless either party gives written notice ninety (90) days prior
to the anniversary date (June 10) of this lease. Notice shall
be in writing, delivered to the other party either personally or
by registered mail.
II. 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.
III. Quiet 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 quiet and peaceable possession of the premises during
the term hereof.
IV. Use
Lessor shall use the premises for a park, ballfields,
recreation and other youth and community oriented services.
V. 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.
VI. Improvements
Lessee shall have the right to make alterations, additions
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.
VII. 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, assigned, or sublessees. In
addition, Lessee agrees that the premises will be insured for
liability purposes in an amount of at least $300,000.00
VIII. 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:
City of Round Rock
214 E. Main
Round Rock, Texas
or addressed to Lessor at:
Lutheran Social Services of Texas, Inc.
P.O. Box 49589
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 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 teach and every one of the
representatives, successors, and assigns of Lessor or 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 validity, 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 constitutes
the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements 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,
INC.
Robert C. Greene, President
ATTEST:
LESSEE
CITY OF ROUND ROCK, TEXAS
BY:
Mike Robinson, Mayor
ATTEST:
lr"/e�lfJK OC J
nne Land, City Secretary
DATE: March 24, 1987
SUBJECT: Council.Agenda, March 26,1987
ITEM: 13D- Consider a resclution authorizing the Mayor to enter into a
]ease extension with the Lutheran Social Service of Texas.
The Lutheran Social Services is very Interested in working with
the City on the extension of the ]ease agreement for KiwaMS
Park, on a year to year basis. It is their desire to reclaim the
property when the Little League Program is moved to Palm valley
Park.
Staff recommends approval.
JRECEIVED MAR 9 SWU
COW of-Dowd Rock
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