HomeMy WebLinkAboutRES 890340WAEREAS, 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