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On or about April 21, 1997, KQC leased KQC’s land and 1958
school building to Texas Migrant Council, Inc. (TMC), an organi-
zation described in sections 170(c) and 501(c) that provided Head
Start services to migrant families in communities throughout,
inter alia, Ohio. TMC intended to, and did, use KQC’s land and
1958 school building that it leased from KQC in order to conduct
Head Start activities in Helena, Ohio.
The lease of KQC’s land and 1958 school building by KQC to
TMC (April 21, 1997 lease) provided in pertinent part:
WHEREAS, Lessor [KQC] plans to purchase a 6,100
square foot child care facility located in * * * Hel-
ena, * * * Ohio on the property more particularly
described on Exhibit A[3] (the “Facility”);
* * * * * * *
WHEREAS, Lessee [TMC] is an agency of and regu-
lated by the United States Department of Health and
Human Services (“HHS”);
NOW, THEREFORE, in consideration of the premises
and of their mutual undertakings, the parties hereto
agree as follows:
1. Lease of Real Property; Term: Lessor, in
consideration of the rents hereinafter reserved, and
the terms, covenants, conditions and agreements set
forth herein to be kept and performed by Lessee, does
hereby agree to demise and let unto Lessee and Lessee
does hereby agree to hire and take from Lessor, the
following described assets, rights, interests and other
properties owned by Lessor and relating to the Facility
(herein the “Demised Premises”):
3The description of the property in Exhibit A attached to
the April 21, 1997 lease is virtually the same as the description
of the property set forth in the April 18, 1997 general warranty
deed.
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Last modified: May 25, 2011