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HomeMy WebLinkAbout1996-086E \WPD0CE\0RD\CHA1MER AMD ORDINANCE NO 11(2 - ok(p AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE SECOND ADDENDUM TO THE LEASE BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on the 21st day of August, 1973, Lessee and Lessor entered into a lease for a term of twenty-five years, beginning the let day of September, 1973 and ending on the 31st day of August, 1998 on the following described property, to wit lying and being situated in the City of Denton, County of Denton, State of Texas, being Lot 15, Block 431 of the City of Denton, Texas (approximately 25,000 square feet) the same being land owned by the Lessor situ- ated on the north-east corner of Parkway and Carroll Boulevard ("Base Lease"), and WHEREAS, on the 16th day of March, 1976, Lessor and Lessee entered into that certain addendum to lease extending the term of the Base Lease for a period of twenty-five years to end on the 31st day of August, 2023, and WHEREAS, the Lessor and Lessee are desirous of entering into an additional extension of the base lease for another twenty-five year period, to extend the lease through the 31st day of August, 2048, and WHEREAS, the Lessor and Lessee have entered into that certain contract, as amended, whereby the Lessee is to provide certain economic development services and to promote tourism and commerce within the City of Denton, and WHEREAS, the Lessee is desirous of making ma]or improvements to the building on the leased premises as described above in an amount expected to exceed $400,000, and WHEREAS, the Lessor considers that the extension of this Base Lease to Lessee is essential to support the activities of Lessee to promote economic development and tourism within the City and that these activities constitute a part of the Lessor's program under TEX LOC GOV'T CODE §380 001 to promote economic development and to stimulate business and commercial activity and constitute a public purpose, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS kSECTION I That the Mayor is hereby authorized to execute the Second Addendum to Lease between the City of Denton and the Denton Chamber of Commerce, a true, complete, and correct copy of which is attached hereto and made a part hereof for all purposes rSECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY ., / APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AFTER RECORDING RETURN TO 97-1168R HERB PROUTY, CITY ATTY 215 E MCKINNEY DENTON, TEXAS 76201 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENCE COUNTY OF DENTON § SECOND ADDENDUM TO LEASE This second addendum to that certain agreement of lease made the 21st day of August, 1973 by and between the City of Denton, Texas, known herein as "Lessor" and the Denton Chamber of Commerce, known herein as "Lessee", as amended, hereinafter referred to as "base lease" RECITALS WHEREAS, on the 21st day of August, 1973, Lessee and Lessor entered into a lease for a term of twenty-five years, beginning the 1st day of September, 1973 and ending on the 31st day of August, 1998 on the following described property, to wit lying and being situated in the City of Denton, County of Denton, State of Texas, being Lot 15, Block 431 of the City of Denton, Texas (approximately 25,000 square feet) the same being land owned by the Lessor situ- ated on the north east corner of Parkway and Carroll Boulevard, and WHEREAS, on the 16th day of March, 1976, Lessor and Lessee entered into that certain addendum to lease extending the term of the base lease for a period of twenty-five years to end on the 31st day of August, 2023, and WHEREAS, the Lessor and Lessee are desirous of entering into an additional extension of the base lease for another twenty-five year period, to extend the lease through the 31st day of August, 2048, and WHEREAS, the Lessor and Lessee have entered into that certain contract, as amended, whereby the Lessee is to provide certain economic development services and to promote tourism and commerce within the City of Denton, and WHEREAS, the Lessee is desirous of making ma]or improvements to the building on the leased premises as described above in an amount expected to exceed $400,000, and WHEREAS, the Lessor considers that the extension of this base lease to Lessee is essential to support the activities of Lessee to promote economic development and tourism within the City and that these activities constitute a part of the Lessor's program under TEX LOC GOV'T CODE §380 001 to promote economic development and to stimulate business and commercial activity and constitute a public purpose, NOW, THEREFORE, The Lessor and Lessee hereby agree to addend the base lease in accordance with the following terms and conditions 1 That the base lease is hereby amended by extending the term of the lease on the above -described property for an additional twenty-five years so that the term begins on the 1st day of Septem- ber, 1973 and will end on the 31st day of August, 2048 for a consideration of one dollar ($1 00) per each year of the lease upon the conditions and covenants of this lease 2 That section III of the base lease is hereby amended to read as follows That the Lessee will assume full responsibility for the general upkeep, maintenance, and repair of the building and property and all improvements placed thereon during the term of the lease, including without limitation, all improvements to the demised premises That during the term of this lease, the Lessee shall keep the building and premises fully insured at all times during the term of this lease, with an insurance company licensed to do business in the State of Texas with policies of fire, casualty, and property damage insurance to the full extent of the actual market value of the demised premises The Lessor shall be named as an additional insured and a beneficiary on the policies The policies shall contain provisions that they shall not be cancelled or changed without the insurer providing both Lessee and Lessor thirty (30) days prior notice of such change or cancella- tion Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, and other similar charges incurred by Lessee with respect to and during the occupancy of the demised premises 3 That save and except as amended hereby, that the original base lease, as amended, shall remain in full force and effect IN TESTIMONY HEREOF, the a duly authorized repress t ve of the p.�rtiea a ove have hereunto executed same on the 3fjvday of 1996 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP ?VED Ae TO LEGAL FORM HERBERT L PRi/O�OU-TYY,, CITY ATTORNEY BY'�L^�'J A \CHAMBER AMD 91- DENTON BER OF COMMERCE BY President Page 2 Minutes Regular Meeting Board of Directors DENTON CHAMBER of COMMERCE April 18, 1996 VOTING DIRECTORS PRESENT (65%) Fred Gossett, Chairman Sue Darby Ellen Schertz Don R Morris Priscilla Sanders Joe Mulroy George Highfill Phyllis Pittman Bill Patterson Dick Smith Christine Rowell Ed Smith Tony Clark PAST BOARD CHAIRMEN & EX-OFFICIO DIRECTORS PRESENT Richard Hayes Eric Jackson OTHER GUESTS & STAFF PRESENT Mike Berry Rick Woolfolk Jean Schaake Joe Thurmon (for Jessee) Jo Ann Ballantme (staff) C J Bolin (staff) Charles W Carpenter (staff) Chairman Gossett called the meeting to order at 11 46 a m , Sanders gave an invocation Dick Smith moved that all items listed on the CONSENT AGENDA be approved as distributed in advance, which included Minutes of the Regular March 21, 1996 Board of Directors meeting, Financial Statements for the Chamber's General Fund, Convention & Visitor Bureau and Economic Development reflecting the period ending March 31, 1996, and Staff Activity Reports from the C&VB and Economic Development (copies of original exhibits attached to file) Rowell seconded, the motion carried Berry, from Sir Speedy Printing and the recently approved provider for the Denton Chamber's Internet service, reviewed possible options for offering COUPONS or SPECIAL PROMOTIONS for members through access to the Chamber's web page He suggested a set up fee of $25, of which $15 would go to Sir Speedy, then a monthly charge of $10, which would be a non -dues income source for the Chamber Following a brief discussion, Berry agreed to come back at the regular May 16 Board meeting with actual hard sample Schaake and Woolfolk gave a presentation regarding the DENTON INDEPENDENT SCHOOL DISTRICT BOND ELECTION scheduled for May 4 (copies of exhibits attached to file) The total package is $123 5 million, and is estimated to increase the DISD tax rate by a maximum of 8 cents per $100 valuation They responded to several questions and comments - continued - BOARD OF DIRECTORS (4/18/96) - Page 2 Highfill reviewed the MEMBERSHIP REPORT (copy of original exhibit attached to file), then moved that all New Accounts be approved as submitted, and that the following accounts listed as Eligible for Drop be held another 30 days Denton Area Association of CPA's, David Duffield Co, Lovetouch Nails and Debbie Johnson - Ebby Halliday, Realtor Pittman seconded, the motion carried Carpenter reviewed the proposed ADDENDUM to the existing LEASE with the CITY OF DENTON for the property on which the CHAMBER BUILDING is located through the year 2048 for $1 00 annually (copy of original exhibit attached to file) He noted that the proposal had been approved conceptually by the Board during its regular February 15, 1996 meeting Clark moved that Carpenter be authorized to formally execute the contract with the City of Denton as presented Schertz seconded, the motion carried Carpenter reviewed the proposed AMENDMENT to the existing AGREEMENT with the CITY OF DENTON for the Chamber to continue providing ECONOMIC DEVELOPMENT MARKETING SERVICES (copy of original exhibit attached to file), but now contract directly with the newly created DENTON ECONOMIC DEVELOPMENT CORPORATION Dick Smith moved that full Board approval be delayed until the issue of the Ten Percent for Marketing clause is clarified, and confirmation that the Economic Development Corporation will in fact honor the contract with the Chamber to provide marketing and promotional services, and upon satisfaction of these questions, the Executive Committee be allowed to grant approval Patterson seconded, the motion carried Carpenter will meet with the City Attorney and City Finance Director on April 24, the EDC Board will meet April 23 Jackson, representing LEADERSHIP DENTON, reviewed a memo (copy of original exhibit attached to file) which sought input concerning the issues of The 1995-96 Class Project which focused on the Economic Development Sales Tax, All -day class sessions v s Evenings and Reserve Fund He noted that the 1996-97 LD Steering Committee will meet soon to schedule dates, and recommendations from a special review of the overall program will probably be submitted next January Chairman Gossett noted that the record should reflect that Wayne Allen, David Biles, Tim Crouch, Phil Gallivan, Scott Koenig and Connie Pelphrey had all contacted the chamber office in advance to request EXCUSED ABSENCES Being no further official business, Darby moved that the meeting be ADJOURNED at 1 25 p m Highfill seconded, the motion carried Res ctfully submitted, Charles W Carpenter President �i, �» -Lr� m IN , OW I 1, r, P, N' ? 6 1'1'17 i r ty UCNM t U I i'XAS $ Filed for Record in. DENTON COUNTY, TX HONORABLE TIM HODOESMOUN1Y l'LERK On Mar ?6 199/ At in3tpm Dor/Mum : 9/ R0019395 Dor/Type • IEp Recordinq: 11 00 Dor/lggmt 6 00 RecelFF�t li• 9607 Doputy BhAHDIf