CM-09-12-245LEASE AGREEMENT
Preamble - Persons and Premises
This Lease Agreement is made and entered into this /,.) day
of /3r. , 2009, by and between the City of Round Rock, a
Texas home -rule municipal corporation referred to in this lease
as " Lessor," and Austin Groups for the Elderly, a Texas non-
profit corporation, referred to in this lease as " Lessee."
Lessor leases to Lessee, and Lessee leases from Lessor, a
portion of the premises, referred to in this lease as the leased
premises, situated at 110 S. Brown St., Round Rock, Williamson
County, Texas, hereinafter the leased premises", and shown and
described in further detail on Exhibit " A " attached hereto. As
currently estimated the leased premises comprise approximately
30% of the total square footage of the building on the premises.
The parties hereby acknowledge that Lessor may use the remaining
portions of the building and remaining property in any way it
determines appropriate, including demolition, which do not
interfere with the current uses of the leased premises by Lessee.
Term
1. Term of Lease. The term of this lease shall commence on
November 1, 2009, and end on February 20, 2010.
Rent
2. Basic Rent. Lessee agrees to pay to Lessor as rent for
the leased premises the sum of $1, which has been prepaid
concurrently herewith.
Use
3. The leased premises shall be used only as professional
offices and adult day care center services, and Lessee shall not
permit the leased premises or any part of the leased premises to
be used for (a) the conduct of any offensive, noisy, or dangerous
activity that would increase the premiums for fire insurance on
the leased premises; (b) the creation or maintenance of a public
nuisance; (c) anything which is against public regulations or
rules of any public authority at any time applicable to the
leased premises; or (d) any purpose or in any manner that will
obstruct, interfere with, or infringe on, the rights of other
residents of the neighborhood.
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Services, Maintenance, and Surrender
4. So long as Lessee is not in default under the terms of
this lease, Lessor shall furnish the leased premises at Lessor's
sole expense the maintenance of the structure of the building
including, but not limited to, the roof, exterior walls
(including windows), floors, and foundation.
5. Except as provided above, Lessee shall maintain the
leased premises throughout the lease term, and keep them free
from waste or nuisance. At the termination of the lease, Lessee
shall deliver the premises in as good a state of repair and
condition as they were in at the time Lessor delivered possession
to Lessee, reasonable wear and tear and damage by fire, tornado,
or other casualty excepted. In the event Lessee should neglect to
reasonably maintain the leased premises, Lessor shall have the
right, but not the obligation, to cause repairs or corrections to
be made, and any reasonable costs incurred for such repairs or
corrections for which Lessee is responsible under this section
shall be payable by Lessee to Lessor as additional rental on the
next rental installment date.
Indemnity Agreement
6. Lessee agrees to indemnify and hold Lessor and the
property of Lessor, including the leased premises, free and
harmless from any and all liability for injury to or death of any
person, including Lessee, or for damage to property arising from
the use and occupancy of the leased premises by Lessee or from
the act or omission of any person or persons, including Lessee,
in or about the leased premises with the express or implied
consent of Lessee.
Alterations and Improvements
7. Lessee shall make no alterations to the buildings on
the leased premises or construct any buildings or other
improvements on the leased premises without first having obtained
the written consent of Lessor.
Destruction of Premises
8. If the leased premises are made untenantable by fire or
other casualty, Lessor may elect to terminate this lease as of
the date of the fire or casualty by notice to Lessee within five
(5) days after that date.
Condition of Premises
9. Lessee stipulates that it has examined the leased
premises as well as all buildings and improvements located on the
leased premises, and they are all, at the date of this lease, in
good order and repair and in a safe and clean condition. Lessor
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has attempted to make alterations that may be required to
reasonably accommodate disabled persons, and in the event that
any regulatory agency requires any further alterations or
improvements, Lessee agrees that such alterations and/or
improvements will be its responsibility.
Improvements on Property of Lessor
10. All alterations, changes, and improvements built,
constructed, or placed on the leased premises by Lessee, other
than movable personal property, shall, unless otherwise provided
by written agreement between Lessor and Lessee, be the property
of Lessor and remain on the leased premises at the expiration or
earlier termination of this lease. Nothing contained in this
paragraph, however, shall authorize Lessee to make or place any
such alterations, changes, or improvements on the leased premises
without having first obtained the written consent of Lessor.
Assignment and Subletting
11. Lessee shall not assign this lease or sublet the leased
premises or any interest in the leased premises without first
obtaining the written consent of Lessor. A consent by Lessor to
one assignment or subletting shall not be deemed to be a consent
to any subsequent assignment or subletting. An assignment or
subletting without the written consent of Lessor, or an
assignment or subletting by operation of law, shall be void and
shall, at the option of Lessor, terminate this lease.
Default by Lessee
12. If Lessee is in default for a period of more than five
(5) days in the payment of any rent payable under this lease or
in the performance of any other provision of this lease, Lessor
may terminate this lease and regain possession of the leased
premises in the manner provided by the laws of the State of Texas
in effect at the date of such default.
Subordination of Lease
13. This lease and Lessee's leasehold interest under this
lease are and shall be subject, subordinate, and inferior to any
lien or encumbrance placed on the leased premises by Lessor now
or in the future, to all advances made under any such lien or
encumbrance, to the interest payable on any such lien or
encumbrance, and to any and all renewals and extensions of such
liens or encumbrances.
Right of Inspection
14. Lessor and Lessor's agents have the right at all
reasonable times during the term of this lease to enter the
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leased premises for the purpose of inspecting them and all
buildings and improvements on the leased premises.
Notices
15. All notices or other communication required or
permitted by this lease to be served on or given to either party
to this lease by the other party must 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 the address of the leased
premises or to Lessor at 221 East Main Street, Round Rock, Texas.
Either party to this lease may change his or her address for the
purpose of this paragraph by giving written notice of the change
to the other party in the manner provided in this paragraph.
Location for Rent Payment
16. Unless changed by written notice pursuant to the
provisions in Paragraph 15 above, all rent payable under this
lease shall be paid to Lessor at 221 East Main Street, Round
Rock, Texas 78664.
Attorney's Fees
17. If any litigation is commenced between the parties to
this lease concerning the leased premises, this lease, or the
rights and duties of either party in relation to this lease, the
party prevailing in such litigation will be entitled, in addition
to such other relief as may be granted, to a reasonable sum for
attorney's fees in that litigation.
Waiver of Breach
18. 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.
Time of Essence
19. Time is expressly declared to be of the essence in this
lease.
Binding of Heirs and Assigns
20. Subject to the provisions of this lease against
assignment of the Lessee's interest under this lease, all
provisions of this lease shall extend to and bind, or inure to
the benefits of, the parties to this lease and also to every one
of the heirs, executors, representatives, successors, and assigns
of Lessor or Lessee.
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Rights and Remedies Cumulative
21. 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 that party's right to
use any or all other remedies. These rights and remedies are
given in addition to any other rights the parties may have by
law, statute, ordinance, or otherwise.
Texas Law to Apply
22. This agreement shall be construed under and in
accordance with the laws of the State of Texas, and all
obligations of the parties created under this lease are
performable in Williamson County, Texas.
Legal Construction
23. 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 of this lease, and this agreement must be construed as
if the invalid, illegal, or unenforceable provision had never
been contained in this lease.
Prior Agreements Superseded
24. This agreement constitutes the only agreement of the
parties to this lease and supersedes any prior understandings or
written or oral agreements between the parties respecting this
subject matter.
Amendment
25. No amendment, modification, or alteration of the terms
of this lease shall be binding unless the same be in writing,
dated subsequent to the date of this lease, and duly executed by
the parties to this lease.
IN WITNESS OF THIS AGREEMENT, the undersigned Lessor and
Lessee execute this agreement as of the day and year first
written above.
LESSOR:
City of Round Rock, Texas
By:
Jc -s R. Nuse
5
t Manager
LESSEE:
Austin Groups for the Elderly
By
Joyc
Lauck, Executive Director
Address:
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DATE: December 11, 2009
SUBJECT: City Manager Approval — December 18, 2009
ITEM: Consider a Lease Agreement with Austin Groups for the Elderly for leased premises
situated at 110 S. Brown.
Department:
Staff Person:
Legal
Steve Sheets/Don Childs
Justification: The lease will establish the rights of the CORR (landlord) and AGE (tenant) for
temporary use of the premises until such time as it is needed for construction of the Intermodal
Transit Facility project.
Strategic Plan Relevance: Mobility and Connectivity Strategic Initiative 2060 Vision: Residents
and visitors will have alternative choices for transportation including public transportation
options, pedestrian/biking options and personal vehicle.
Funding:
Cost: N/A
Source of funds: 2002 G.O. Bonds
Outside Resources (if applicable):
Public Comment (if applicable):
UPDATED APRIL 2008
00178631.DOC
05/12/2009
Request for City Council/City Manager Action
ILI
City Council IB ( City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin
Project Mgr/Resource:
Project Coordinator:
Assigned Attorney: Steve Sheets/Don Childs
City Council or City Manager Approval Date:
Agenda Wording
For Aftr�riE}l[etiOVIECONLY
CAI-
1 6 2009 wawa
Tag #: C AI- Oct- i as ".7 4 5
Received:
Original Documents Received:
Project Name: intermodal Transit and Parking Facility
ContractorNendor: Austin Groups for the Elderly
Funding Source: 2002 General obligation Bonds
Additional funding Source:
Amount:
Account Number:
18 -Dec -09
$0.00
Consider a Lease Agreement with Austin Groups for the Elderly for leased premises situated at 110 S. Brown.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
xx Other (Please clearly identify action on lines below)
Lease Agreement
Yes ID ] No
0
Unforeseen Circumstances
Io]
FINANCE
N/A Approved
ED E3
EI
0
APPROVALS
ccmpied ONL 1`by Finance)
Final FinanceApproval Required
Approved
Amount
$0.00
Finance/CIP
Finance/Acct
Purchasing
Budget
Date
Date
Date
P. Bryan Date
211612009
Date
Once approvals have been obtained, please forward the RFA, blue sheat, backup information and originals to City Secretary, Sara White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL Citv Council and City Manager Items
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signatur
C.\DI -r : Settings\r
City Manager Signature:
Date:
Date:
Date:
cmillin\Local Settings Te
vale:
City Attorney signature is required for all items.
REVISED 12/16/2009
OLK352\12-18-09_Rose_Legal_ RFA Lease Agmt w -Austin Groups (00178630).XLS
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource: Steve Sheets/Don Childs
1]Council Action:
ORDINANCE
Agenda Wording
Project Name: Intermodal Transit and Parking Facility
Contractor/Vendor: Austin Groups for the Elderly
n RESOLUTION
City Manager Approval
CMA Wording
Consider a Lease Agreement with Austin Groups for the Elderly for leased premises situated at 110 S. Brown.
Attorney Approval
Attorney
Notes/Comments
Date
Iz�ls/05
O:\wdox\SCCInts\0199\7123-BROWN\M I SC\00178632.XLS
Updated 6/3/08