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HomeMy WebLinkAboutRES 890340 - Agmt Child Dev CenterWAEREAS, the City Councilrecognizesr of the programs and services provided Child Development WHEREAS, the nature of WBCO services are of a charitable and educational nature so as to be considered and independent foundation; and WHEREAS, the City of etown and WBCO desire to enter into ._ developmenta two year lease agreement r the Mary Bailey Child Development Center for WBCO to provide child care and Georgetown;the citizens of WHEREAS, purpose propertylease of City • WBCO underand conditions set forth BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS. aC.1rMSIGI' IIl The Council finds that the recitals set forth above are true and correct and are incorporated herein, • GeorgetownThat the City Council of the City of Agreement and incorporated SECTION III. That the Mayor is hereby authorized to execute the Agreement and the City Secretary to attest. 4RESOLVED this %r� �i day of �, 1989. Tim Kennedy, Mayer ATTEST: .c Let loughby City secretary APPROVED ,�11111,111f,el_ Dia cap nder City Attorney COUNTY OF ILLI SON X Lease Agreement Between the City of X Georgetown and Williamson -Burnet County STATE OF TEXAS Opportunities, Inc. WHEREAS, the City of Georgetown, Texas (City), and Williamson -Burnet County Opportunities, Inc. (WBCO), a Texas nonprofit corporation, have since 1972 used the Mary Bailey C ild Development Center (Center), a City owned property located at 411 E. 8th Street; and WHEREAS, the City Council recognizes the importance and value of the programs and services provided through the Center to the citizens of out community, and WHEREAS, the nature of WBCO services are of a charitable and educational nature so as to be considered an independent foundation; and WHEREAS, the City Council deems it to be in the best interest of the health and welfare of its citizens to provide the programs and services hereinafter described through this Agreement with WBCO, and WHEREAS, the City desires to continue this agreement whion has served to benefit the community, and WHEREAS, the purpose of this agreement is to authorize the lease of City property to WBCO under the terms and conditions hereinafter set forth: NOW, THEREFORE, in consideration of the covenants set forth above and terms and conditions set forth below, the parties agree as follows: WITNESSETH: A. The City of Georgetown, Texas (Landlord) does hereby demise and lease to Williamson -Burnet County pportunit es, nc. (Tenant) and Tenant does hereby hire from Landlord the following described Premises: Legal Description: Lot 3 and 4 of Block 29 of the Glasscock Addition to the City of Georgetown, Williamson County, Texas. Street Address: 411 E. 8th Street, City of Georgetown, Texas together with all appurtenances thereto and with ingress and egress necessary and adequate for the conduct of enant's business as hereinafter described. B. The term of this lease shall be for two (2) years, running from and including the first (1) day of October, 1989 up to and including the thirtieth (30) day of September, 1991. C. Landlord and Tenant expressly agree that there are and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose or of any other kind arising out *f this Lease and there are no warranties which extend beyond - those expressly set forth in this Lease. D. Tenant shall have the option to make application for renewal of the lease of the demised Premises for further term of two (2) years from and after the expiration of the term herein aranted and under and subject to the same covenants, provisos and agreements as are herein contained, In the event Tenant desires to exercise the option herein provided, Tenant shall notify Landlord of such desire in writing not less than sixty (60) days prior to the expiration of the term hereby granted. Upon notification from Tenant of desire to renew lease, Landlord shall review the lease conditions and notify Tenant in not less than thirty days, of acceptance or denial of the renewal request. The purpose of this Agreement and use of the Leased Premises shall be limited to providing for the citizens of Georgetown, child care and development services under the "Head Start Program". These services will be limited to those families that -qualify for such programs under "Head Start" guidelines. Further, Tenant shall use the Premises leased herein to ensure that the use and occupancy of the Premises, as well as the provision of services and other benefits will be available without regard to race, creed, color or national origin. Tenant hereby covenants, not to deny, on the basis of race, creed, color or national origin, to any person the use, benefits or services provided by the Center, nor provide any facility, services, or benefits to a person which are different or are provided in a different manner from those provided to others un• - i e eproor activity. Landlord and Tenant mutually covenant and agree that the Tenant will have exclusive use of said pro +- • e eontinuous provision of services Tenant provides to the community as described in Article II. Mary Bailey Lease/Page 2 of 7 The value of the Premises is $ 15,400.00 per year. However, City, in exchange for Tenant's program funding through the federal "Head Start" Program recognizes and agrees to rent this facility free of charge. U-NIVIR-MIMMMAIRIV A. During the term this agreement is in effect, at all times Tenant shall maintain public liability insurance for its business operations on the Leased Premises for bodily injury, including death, not less than $ 500,000 for each occurrence an property damage n! for occurrence. Landlord shall be named as additional insured on such insurance policy. Tenant shall provide Landlord with certificates of insurance evidencing the public liability coverage required and described no days after the execution date of this Lease Agreement. In the event that insurance is not • more consecutive days, .. shall immediately Tenant's personal property is not covered by any hazard insurance that may be carried by Landlord. Such insuranpolicy shall provide that such coveragenot be changed or withoutterminated days ! to Landlord prior to such changes : •coverage. TenantB. Landlord and Landlord's employees and agents shall not be liable to Tenant or Tenant's employees, patrons, visitors, invitees, or any other persons for any injury or death to any such persons or for any damage to property caused by an act, omission, or neglect of Tenant or Tenant's agents or of any other person(s) on the premises of which the Leased Premises is a part. agrees _.._ ! indemnifyand hold Landlord, its officers, directors, employees, attorneys and agents harmless from any and all claims for such injury, death and damage, whether the injury occurs on or off the Leased Premises as well as for court costs 1. reasonable attorney'sincurred. accordanceA. This agreement shall be construed under and in _ ofStateof B. In the event of a breach of Agreementi all suits, claims, causes of • be instituted i Williamsonmaintained in If a non -default party is required to take legal action to renegotiate a default by the other party, and the non -defaulting party prevails in c!urt, that party shall be entitled to recovex court costs, and reasonable attorney's fees from the defaulting party. This Agreement constitutes the entire agreement of the parties to this Lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Lease. It is expressly agreed by Tenant, as a material consideration for the execution of this Lease, that this Lease, with the specc references to written extrinsic documents, is the entire agreement of the parties; that there are, and were, no verbal representations, warranties, understandings, stipulations, agreements or promises pertaining to this Lease or the expressly mentioned written extrinsic documents not incorporated in writing in this Lease. "W''WLOWDwy,� 0 13 AIR';$ RM M z A. Either party may terminate this Lease upon sixty (60) days prior written notice providing, however, that the obligations as described herein are met by each party to date and during the sixty (60) day notice period. B. In the event of a breach(s) of this Agreement and upon written notice thereof, the defaulting party shall cure such breach within the time specified in the notice. Absent emergency circumstances, the time shall be not less than fifteen (15) days, unless otherwise specified in this Agreement. A failure to cure said breach within the time specified shall result in immediate termination. A. Aosignment. Tenant may not assign this Lease or sub -let the Premises or any part thereof without the prior written consent of the Landlord. An assignment or subletting without consent shall be grounds for immediate termination. B. ight to PramiBaa. Tenant shall permit Landlord and Landlord's agents to enter at all reasonable times to view the state and condition of the Premises or to make such alterations or repairs therein as may be necessary for the safety and preservation thereof, or for any other reasonable purposes. Tenant shall also permit Landlord or at or 8 agents, on or after sixty (60) days next preceding the expiration of the term of this Lease, to show the Premises to prospective tenants at reasonable times, and to place notices on the front of said Premises, or any part thereof, offering the Promises for lease or sale. C. ND_1j_Qa. Notice, as required by this Agreement, shall be in writing to the following: KNUITROU17M Bob Hart City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 D. Waiver Qf 1=72 rl='k. TTFe waiver of any provision of this Lease shall not waiver or a waiver of any subsequent different proon of this lease. Robert Howard Executive Director Williamson -Burnet County Opportunities, Inc. P.O. Box 740 Georgetown, Texas 78627 jy Landlord of any breacl constitute a continuin rezzck-o-fne or z E. Binding Eff_ert. Subject to the provisions of this Lease pertaining to assignment of the Tenant's interest, all provisions of this Lease shall extend to and bind, or inure to the benefit of, not only the parties to this Lease but to each and every one of the heirs, executors, representatives, successors, and assigns of Landlori. or Te,-#,Rrtt. F. . hts-and- mQdioa Cumula±jjza. The rights and remedies of this Lease Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addon to any other rights the parties may have by law, statute, ordinance, or otherwise. G. Legal QQ slructiQn. In case any one or more of the provisions contained in this 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 hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. H. dment. This Lease may not be altered, waived, amended or extended except by an instrument in writing signed by Landlord and Tenant. DATED this — day of 3 1989. BY: Robert Howard, Executive Director THE CITY OF GEORnETOWN BY: Tim Kenne y, Nay ATTE S Tt Leta Willoughby, Cit Secroary RUO -MO Diane Callander, City Attornel Mary Bailey Lease/Page 7 of —2