PROPERTY LEASE ARTICLE 1. TERM
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- Jemimah Bradley
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1 PROPERTY LEASE This lease is entered into between City of Robinson, ("Lessor"), and, ("Lessee"). In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, Lessor demises and leases to Lessee, and Lessee leases from Lessor, the Premises situated at 200 S. Old Robinson Road, Robinson, McLennan County, Texas, further described and depicted on Exhibit A attached to this lease, and made a part of this lease for all purposes (collectively referred to as "the Premises" or "the Leased Premises" in this lease). ARTICLE 1. TERM 1.1 Term of Lease. The term of this lease is three years, beginning on, and ending on, unless terminated sooner as provided in this lease. The parties by mutual agreement may agree to extend this Lease for up to three, one-year renewals. 1.2 Termination by Lessor, (a) Lessor may, at any time, terminate this lease for its convenience or purposes on ninety (90) days' written notice without penalty or liability therefor; and such shall not be a breach of this Agreement or entitle the Lessee to any recovery of damages or expenses, (b) In addition, the Lessor may terminate this Lease as set forth in Section 9.1 below. 1.3 Termination by Lessee. The Lessee may terminate this lease upon thirty (30) days' written notice and opportunity to cure for the Lessor's uncured breach of this Agreement. 1.4 Holdover. If Lessee holds over and continues in possession of the Premises after the lease expires or is terminated, Lessee will be considered to be occupying the Premises on a month-to-month tenancy, subject to all the terms of this lease, and at a rental set by the Lessor in its sole discretion. Under no circumstance shall Lessee hold over past the time for vacating given in a notice pursuant to Section 1.2 (a) above. 1.5 Disclaimer of Warranties. Lessee leases the Premises "as is", "where is" and with all faults, and agrees that no warranty, express or implied, has been given by the Lessor. Any warranty, express or implied, including the warranty of fitness for a particular purpose or Lessee's intended purpose, are hereby waived and disclaimed by Lessee. Lessee leases the Premises based on its own investigation and review, and is not relying on any representation of the Lessor not expressly contained herein. ARTICLE 2. RENT 2.1 Rent. The Lessee will pay Lessor $ per month in advance on or before the first day of each month, for each month during the term of this lease. Rent for any fractional month at the beginning or end of the lease term will be prorated on a per-day basis. LEASE PAGE 1
2 Lessee will pay this rent to Lessor at Lessor's address at: 111 W. Lyndale, Robinson, Texas 76706, or at such other location or locations that Lessor may from time to time designate by written notice to Lessee. 2.2 Additional Rent. As additional rent, Lessee shall perform and pay all obligations set out in Article 4 below. ARTICLE 3. USE OF PREMISES 3.1 Lessee's Warranty Regarding Use. Lessee represents and warrants to Lessor that Lessee intends to use the Premises for purposes of. Lessee may not change the use of the Premises without the Lessor's prior written consent. Lessee shall comply with all applicable local, state and federal laws in its use of the Premises. ARTICLE 4. REPAIRS AND MAINTENANCE 4.1 Maintenance and Surrender by Lessee. Lessee shall maintain the Premises and keep it in good repair and maintenance, free from waste or nuisance, throughout the lease term. This does not require the Lessee to make major repairs that were not caused by the Lessee or due to its failure to perform routine maintenance. Lessee will provide basic landscaping maintenance in order to preserve the appearance of the Premises. When the lease terminates, Lessee must surrender and deliver the Premises to Lessor in as good a state of repair and condition as Lessor delivered possession to Lessee, except for reasonable wear and tear. 4.2 Security of Premises by Lessee. Lessee is responsible for securing the Premises and making reasonable efforts to prevent vandalism. Lessee is responsible for any costs incurred to repair the Premises due to vandalism or other breaches of security. 4.3 Remedy for Failure To Maintain. If Lessee fails to perform its obligation to repair or maintain according to Articles 4.1 and 4.2 above within a reasonable time after notice from the Lessor of the need for such repair or maintenance, the Lessor may make the repairs or perform the maintenance, or have the repairs made or maintenance performed at its own expense, and charge the same to the Lessee, and Lessee shall pay the same immediately upon demand. 4.4 Taxes. Lessee shall pay, when due, taxes or assessments, if any, lawfully assessed against the Premises or its contents ARTICLE 5. UTILITIES AND GARBAGE REMOVAL 5.1 Utility Charges. Lessee will pay all utility charges for water, electricity, heat, gas, sewer, telephone service, and other utilities used in and about the Premises during the lease term, and maintenance charges for all utility lines. Lessee will pay the charges directly to the utility company or municipality furnishing the service before the charges are delinquent. 5.2 Garbage Removal. Lessee will pay for all garbage removal from the Premises during the lease term. LEASE PAGE 2
3 ARTICLE 6. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS 6.1 Consent of Lessor. Lessee may not make any alterations, additions, or improvements to the Premises without Lessor's prior written consent. With Lessor's prior written consent, Lessee may make alternations to the Premises in a good and workmanlike manner, in accordance with all applicable governmental laws, ordinances, and regulations, and in a manner so as to not damage or weaken the primary qualities of the building. 6.2 Property of Lessor. All alterations, additions, or improvements made by Lessee will become Lessor's property when the lease terminates. However, Lessor may, when the lease terminates, demand that Lessee remove any alterations, additions, and improvements made by Lessee and any other property it placed in the Premises, and if Lessee fails to do so within the time allowed by Lessor, remove such items itself and charge Lessee the cost of removal and storage, plus interest at the prime rate published by the Wall Street Journal plus two percent. ARTICLE?. SIGNS 7.1 Signs. Lessee may not erect signs on any portion of the Premises without Lessor's written consent, including but not limited to the exterior walls. All such signs must be in compliance with applicable laws, ordinances, and regulations. Lessor may not unreasonably withhold consent for erecting signs. Lessee must remove, at its sole cost, all signs when this lease terminates, and repair any damage resulting from erecting or removing the signs. ARTICLE 8. INSURANCE 8.1 Renter's Insurance. If Lessee desires to keep its personal property and contents at the Premises insured against loss, damage or destruction during the term of this Lease; Lessee must procure its own insurance. Any such insurance policies shall include an endorsement waiving subrogation rights against the Lessor. Lessee hereby indemnifies, releases and holds harmless the Lessor from any and all claims for loss or damage to Lessee's personal property and contents. 8.2 Liability Insurance. Lessee, at its own expense, must provide and maintain in force during the lease term, commercial general liability insurance with coverage for bodily injury and property damage of not less than the amount of $300,000 per person, $500,000 aggregate. This insurance is to be carried by one or more insurance companies authorized or admitted to transact business in Texas. Lessor shall be named as an additional insured on the policies. ARTICLE 9. DEFAULT 9.1 Lessee's Default. If Lessee allows the rent to be in arrears more than fifteen (15) days after written notice of delinquency, or remains in default on any other obligation under this lease after thirty (30) days notice from Lessor, Lessor may terminate this lease, and may reenter and take possession of the Premises and remove all persons and property without being considered guilty of any manner of trespass. LEASE PAGE 3
4 ARTICLE 10. INSPECTION BY LESSOR 10.1 Lessee will permit Lessor and its agents, representatives, and employees to enter the Premises at all reasonable times for the purpose of inspection, to show the Premises to prospective Lessees, buyers and mortgages, or for any other reasonable purpose necessary to protect Lessor's interest in the Premises or to perform Lessor's duties under this lease, if any. ARTICLE 11. ASSIGNMENT AND SUBLEASE 11.1 Assignment and Subletting by Lessee. Lessee may not sublet, assign, encumber, or otherwise transfer this lease, or any right or interest in it or in the Premises. Doing so, or attempting to do so, will immediately terminate this lease Assignment by Lessor. Lessor may assign or transfer any of its interests under this lease. On transfer, and on the transferee's assumption of its obligations, Lessor is relieved of its obligations under the lease Subrogation. This lease is expressly subrogated and made subject to the rights of any lender of the Lessor who holds a lien on the Premises. ARTICLE 12. INDEMNIFICATION 12.1 Indemnification and Hold Harmless. Lessee agrees to and hereby does indemnify and hold Lessor harmless from any claims, causes of action, damages or penalties arising from or related to the use or condition of the Premises. ARTICLE 13. ADDITIONAL TERMS AND CONDITIONS 13.1 Casualty or Fire. Nothing herein shall require the Lessor to repair or rebuild any building on the Premises in the event of casualty or fire causing damage that renders the Premises unusable in whole or in part by the Lessee. Lessor, at its sole option, may choose to terminate this lease in lieu of restoring the building(s). If Lessor opts to repair or rebuild the Premises, nothing herein shall obligate it to expend funds beyond any insurance proceeds received Lien. Lessor is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Lessee found on the Leased Premises to secure the compliance by Lessee with all terms of this Agreement Lessee's Bankruptcy. If Lessee become bankrupt of makes a voluntary assignment for the benefit of creditors, or if a receiver is appointed for Lessee, Lessor may terminate this Agreement by giving five (5) days' written notice to Lessee of Lessor's intention to do so. LEASE PAGE 4
5 13.4 Right of Entry. Lessor has the right to enter the Leased Premises during normal business hours (a) to inspect the general condition and state of repair of the Leased Premises, (b) to make repairs required or permitted under this Lease, or (c) for any other reasonable purpose Governing Law. This Lease will be governed by and interpreted under the laws of the State of Texas, regardless of any conflict-of-law rules Severability. In case any of the provisions contained in this Lease is for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other Lease provision and this Lease will be construed as if the invalid, illegal, or unenforceable provision had never been contained in it Entire Agreement. This Lease constitutes the entire agreement between the parties. All understandings, discussions, and agreements previously made between the parties, written or oral, are superseded by this lease, and neither party is relying on any warranty, statement, or representation not contained in this Lease Amendment. No amendment, modification, or alteration of the terms of this Lease will be binding unless it is (a) in writing, (b) dated after the date of the Lease, and (c) duly executed by the parties to the Lease Attorney Fees. Any signatory to this Lease agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Lease or this transaction will be additionally entitled to recover court costs, reasonable attorney fees, and all other out-of-pocket costs of litigation, including deposition, travel, and witness costs, from the nonprevailing party. The term "prevailing party" means the party that has succeeded on a significant issue in the litigation and achieved a benefit with respect to the claims at issue, taken as a whole, whether or not damages are actually awarded to that party. The undersigned Lessor and Lessee execute this agreement on the, 2015, at, County, Texas. day of LESSOR: CITY OF ROBINSON By:. Robert E. Cervenka City Manager LEASE PAGE 5
6 LESSEE: By: Printed Name: Title: LEASE PAGE 6
7 Exhibit "A" PROPERTY DESCRIPTION PREMISES: Block 2 of the plat or map of the Old Town of Robinson, McLennan County, Texas consisting of acres [Common address: 200 S. Old Robinson Road, Robinson, Texas 76706]. Formerly the Youngblood Presbyterian Church two (2) structures. OWNER: CITY OF ROBINSON, TEXAS LEASE PAGE 7
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