Res 2023-197R approving a three-year lease agreement with Austin Community College for the lease of space at City Hall Complex Building 2 for distance learning programs to provide workforce training classes

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the Premises, and, when necessary, at times outside of normal business hours. The City shall be given keys to the Premises and any security code needed for access to the Premises. The City will provide sufficient notification, twenty-four hours at a minimum, to ACC of its intent to enter the Premises, except that the City may enter the Premises without such notice in the event of an emergency. The City will conduct at least one yearly inspection of the Premises to examine the conditions of the Premises and provide written notice of any deficiencies that must be corrected to ACC. B. The City reserves the exclusive right to permit placement of signs on the Premises, and the right to construct, maintain and operate new and existing facilities (including, without limitation, fences,communication facilities,roadways and utilities)upon over, across or under the Premises, and to grant to others such rights, provided that ACC's use of the Premises is not interfered with unreasonably. No political signs shall be placed on the Premises or on adjacent road right-of-way. C. ACC acknowledges that the City makes no representations or warranties, express or implied, concerning the title to the Premises, and that the rights granted to ACC under this Agreement do not extend beyond such right, title or interest as the City may have in and to the Premises. Without limitation of the foregoing, this Agreement is made subject to all outstanding rights, whether or not of record. SECTION 10. TAXES. The Premises are tax exempt under a public property tax exception pursuant to Section 11.11 of the Texas Tax Code. It is anticipated that continued use of the Premises for a public purpose will result in the retention of the public exemption. All personal property and improvements to the Premises are expected to be tax exempt as well. Although such an event is unlikely, in the event any activity of ACC on the Premises causes the Premises to lose this tax exemption, ACC shall be responsible for payment of any resulting taxes owed, and either party may terminate this Agreement. SECTION 11. UTILITIES/OTHER SERVICES ACC will arrange and pay for all utilities and services supplied to the Premises including, but not limited to,monthly security,telephone service, electric, gas, and water services, cable and internet costs, drainage fees, and solid waste pickup services. In lieu of Section 11, ACC agrees to provide a mutually agreed number of spots per course at no charge to the City. SECTION 12. LIENS. ACC shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from ACC's use of the Premises. The City shall have the right to discharge any liens placed on the Premises at ACC's expense. SECTION 13. RELEASE AND INDEMNITY, A. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS