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HomeMy WebLinkAboutR2004-004A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ARCHERS, A TEXAS NOT-FOR-PROFIT CORPORATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Manager is hereby authorized to execute a "First Amended Lease Agreement" by and between the City of Denton, Texas, a Texas municipal corporation as Lessor, and the Denton County Archers, a Texas not-for-profit corporation, as Lessee, for a term of three (3) years, regarding certain real property owned by the City which is described therein; a copy of which First Amended Lease Agreement is attached hereto as Exhibit "A" and incorporated by reference herewith. SECTION 2. That this resolution shall become effective on August 18, 2003, and is hereby ratified and confirmed effective that date. PASSED AND APPROVED this the 20th day of January, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: /~/~. ~/~.'~] ~ S:\Our Documents\Resolutions\03kDenton County Archers - Lease - Resolution - 2003.doc THE, STATE OF TEXAS COUNTY OF DENTON FlRST AMENDED LF~ASE AGREEMENT THI~q FIRST AMENDED LEASE AGREEMENT is executed and entered into as of the 18th day ofAugust, 2003, hereaRer the "Effective Date" by and between the City of Denton, Texas, a home nde municipal corporation (the "Landlord") and Denton County Archers, a not for profit Texas corporation (the '°tenant") upon the following terms and conditions: VgllEREAS, this First Amended Lease Agreement ("Agreement") replaces, amends, and supercedes that certain Lease Agreement entered into by Landlord and Tenant on the 17th day of August, 1993; and WHEREAS, notwithstanding that this First Amended Lease Agreement has been signed and approved aRer August 18, 2003, Landlord and Tenant desire and agree that the effective date ofthis Agreement is to be stated, for all purposes, as August 18, 2003; and Wfll~,REAS, this First Amended Lease Agreement, by its provisions, takes into account the present circumstances as well as the desires of both the Landlord and Tenant respecting the Property described below in Paragraph 1. NOW, THEREFORE, in consideration of the premims and the mtual covenants and agreements contained herein, the Landlord and Tenant hereby AGREE to the following terms and conditions: 1. ~. For and in consideration of the premiss, covenants and agreements provided in this Agreement, Landlord has this day leased and demised unto Tenant that certain 10.155 acre tract located within the R.I. Mosely Survey, Abstract No. 803, in and for Denton County, Texas, hereinal~er referred to herein as the "Property;" said Property being situated in the City of Crossroads, Denton County, Texas; and said real property being located North of Tipps Road; and being more particularly descn'bed in E×h~it. "A' attached hereto, and incorporated herewith by reference. The Landlord and Tenant further agree that the Property deson'bed in their previous Lease Agreement shall be expanded and supplemented by the addition of a one thousand foot (1,000') wide buffer zone that shall nm along the entire Northem2most boundary line of the Property, which additional tract will be available for Tenant's usage just the same as the Property described in Exlu"oit "A." Landlord and Tenant agree that the Northern-most boundary line ofthe Property, aRer taking into account the 1,000 foot wide buffer zone, will accordingly be m~rked by Landlord by its installation of a minimum of five (5) clearly vi~'hle corner posts. 2. I.F. The lease of thig Property shall be for the purpose of constructing and maintaining an archery range. Only members ofTenant, their guests and visitors shall be permitted upon the Property. Tenant agrees that no permanent structures will be placed or built on any area of the Property. Tenant agrees that it will not place storage trailers or other glmilar temporary storage fac'dities upon the Property without the express advance written approval of the Landlord. 3. TERM. The lease term (the '°l'erm") of this Agreement shall be for three (3) years, commencing effective on August 18, 2003 and expiring on August 18, 2006. Landlord, however retains the absolute right to t~i,,i~iate this Agreement upon giving Tenant thirty (30) days written notice oftermination. In the event of termination of this Agreement by Landlord, Tenant shall remove all im?rovements made by Tenant during the Agreement within said thirty (30) day notice period. In the event oftermination ofthis Agreement upon thirty' (30) days written notice by Landlord, Landlord shah refund any unearned rent paid by Tenant, conditioned, however, upon the Property inspection of the Landlord, which will be conducted within ten (10) days following Tenant's surrender of possession of the Property, revealing no material damage to the Property. 4. SEI~!R~)a~)~L Landlord does not require that Tenant pay to Landlord a security deposit under this Agreement. 5. ~ Tenant shall pay rent to Landlord, at the address specified herein for notices to the Landlord in Paragraph 17 herein, without any offset or deduction, regarding the Property at the rate of $600.00 per year. The first $600.00 payment of rent shall be due and payable on January 1, 2004 and shall cover the period from August 18, 2003 to August 17, 2004. The second $600.00 payment of rent shall be due and payable on August 1, 2004 and shall cover the period from August 18, 2004 to August 17, 2005. The third and final $600.00 payment of rent shall be due and payable on August 1, 2005 and shall cover the period from August 18, 2005 to August 17, 2006. 6. O]~lf~LT3)~2~3~ Provided that Landlord has not earlier termiaated this Agreement as permitted in Paragraph 3 above, and further provided that Tenant is not in default with respect to the terms and provisions of this Agreement, Tenant shall have the option to notify the Landlord, in wtlliag, within the period ben-inning one hundred and twenty (120)'days and ending sixty (60) days prior to the end ofthe three (3) year term provided by this Agreement, that Tenant desires to extend the terms of this Agreement for an additional three (3) year ter~ All provisions ofthlg Agreement, save and except the rent obligation, shall be the same. Landlord shall dete~i,,ii,e the amount of rent that is to be charged to Tenant within thirty (30) days aRer notification by Tenant and shall communicate that amount to Tenant, in w~itiag. Tenant shall then consider such rental amount and shall notify Landlord, in writing, within t]t~;een ( 15 ) days af~0r the receipt of notice from Landlord, about whether Tenant desires to cons~mmate the renewal of the Agreement, considering the amount of rental established by the Landlord. It is agreed between Landlord and Tenant that with respect to the option to reaew provided by this paragraph, that in no event shall Landlord increase the rental amount for such option to an amount greater than 25% over the annual rental of $600.00 set forth in Paragraph 5 herein. Conversely, the Landlord and Tenant further agree that in no event shall the rental amount for such option be less than the amount stated in Paragraph 5, above, $600.00 per year. 7. TENANT'S RESPONSIBILITIES, In return for Landlord's lease of the Property, the Tenant agrees to provide the following services, to wit: A. Post at least four (4) signa that are readable from at least 100', on the gate and the perimeter fence line of the frontage road, identifying the name of the Tenant and notifying the public that the land is posted, no trespassing. B. Require that aH persons on the Property be either club members (Denton County Archers), or visitors or guests of club members. All visitors or guests of club members shall be accompanied at all times by club members. Only club members, visitors or guests of club members are permitted upon the Property. Tenant shall be solely responsible for instructing all club members, visitors or guests respecting safety. C. Tenant is responsible for all site maintenance. D. In no event shall the old City of Denton landfill soil cover be disturbed by Tenant, Tenant's guests or visitors. E. Tenant is solely responsible for providing security for the Property. Tenant is solely responsible for maintaining a locked gate entering the Property. Tenant shall provide Landlord with a copy ofthe lock's key. Tenant and Landlord shall provide separate locks for the gate. The Tenant will not lock the Landlord out. F. Tenant shall ma'mtain the chain-link fence that currently fronts along Tipps Road. G. Tenant shah prohibit anyone ~om possessing a firearm end/or incendiary device on the Property. H. Tenant agrees to make a monthly inspection of the Property and further agrees to promptly re,port any unauthorized use, any unusual erosion, any unusual odors, or any Other hazards to the Landlord. I. Tenant shall construct and maintain a roadway t~om the present entrance to the Property, to the area or areas planned for utilization on the Property. J[. Tenant ~hall provide to Landlord, an updated list of its organization's officers and directors, as well as Tenant's point ofcontact, at least annually. I~ Tenant shall be responsible for arranging for any temporary utility service to the Property, together with aH costs of said utilities. L. Tenant shall be respons~ole for keeping the Propemy picked up and clean at aH times. Tenant shall be responsible for promptly hanlln5 away any refuse or trash bom the premises, all at Tenant's expense. M. At the termination of the term of this Agreement, or any extension thereof; Tenant shall surrender the Property to Landlord, in the same condition as it existed on the first day of the Agreement, subject however, to allowance for reasonable wear, tear and deterioration. 8. ~ the Property. Tenant is granted the anthodty to control access to 9. HOURS OF OPERATION. Operat'mg hours for the Property shall be only from one-half hour before sunrise and one-half hour aRer sunset, for all weekdays, except Thursday. On :each Thursday, the operating hours shall be from one-half hour before sunrise unt'fl 10:00 p.nx Any request extension of operating hours or any request for ovoraight usage will require the advance written approval ofthe Landlord. 10. CONDITION OF PROPERTY. Tenant hereby acknowledges that it has inspected the Property and accepts and approves of the Propert~ in it present "AS IS" and "WITH ALL FAULTS" condition, subject to any and all roads, right-of-way, electric transmission lines, other utility lines or pipes, and all vis~"ole and recorded easements. LANDLORD HAS NOT, AND DOES NOT, AND WILL NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPI,II~,D, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY 1,1M1TED TO, ANY USE, OR ANY WARRANTY OF CONDmON, MERCHANTABH,ITY, OR HABITABILITY. 11. II~II)~MI~I~TIO~ Tenant shah occupy and use the Property at Tenant's sole risk. Tenant shall indemnify Landlord and hold Landlord harmless ofand ~om any and all clltimg, actions, damages, liab'dities, losses, and expenses, including without limitation, reasonable attorney's fees, incurred or paid in connection with any personal injuries or property damage derived from or out of the occupancy or the use of the Property by Tenant, or occasioned in whole or in part by any act or omission of Tenant or Tenant's agents, servants, invitees, licensees, or employees, whether or not the damage arises from Landlord's negligence. 12. ~ Tenant shah procure and maintain, at its sole cost and expense throughout the Term ofthi~ Agreement, a policy or policies of insurance, issued by an insurance company licensed in the State of Texas by the Texas Insurance Board, and rated at least "A-" by A.M. Best rating service, insuring both Landlord and Tenant aga'mst all clzim% demands, or actions ari~ing out of or relating to the Property or the condition of the Property, in an amount not less than $1,000,000, per occurrence. Tenant shall furnish to Landlord a copy or copies of policies, and receipts evidencing payment of premiums therefore, prior to the commencement of this Agreement. Not less than fifteen (15) days before the expiration date of any policies, copies of the renewals thereof (bearing notations evidencing payment of renewal premh~ms) shall be delivered to Landlord. Each policy shall provide that not less then thirty days (30) days' w~itten notice must be given to Landlord before eny policy may be cenceled or chenged to reduce the insurence provided by it. 13. ASSIGNMENT AND SUBLETTING. Tenent shall not sublet or assign all or eny portion of this Agreement or the Property, or eny interest therein, without the prior written consent ofLendlord. Any assignment or subletting in violation of this paragraph shall be void. 14. LANDLORD'S ACCESS TO THE PROPERTY. It is expressly agreed that Landlord shall have the right to enter onto the Property at any time to inspect the condition ofthe Property, the use thereof; or for any other lawfifl purpose. Landlord shall also have the right to enter the Property at any time in order to make repairs or improvements to the Property or to adjoining property owned by the Landlord. Tenent shall provide Landlord with a key to each lock, or the combination to each lock, that may be placed upon eny gate upon the Property, so that the Property is always accessible to the Landlord. 15. DEFAULT. Tenant shall be in default under this Agreement A. Tenant fails to pay eny rent payment due under this Agreement within fffieen (15) days of its due date; or B. Tenant fails to comply with any term, condition, or covenent of this Agreement, and that failure is not cured within fiReen (15) days after written notice is issued to Tenant. 16. RE~D~S. On the occurrence of eny default under this Agreement, Landlord may enforce the performance of this Lease in any manner provided by law, in equity, or as specifically provided in this Agreement. At no time shall Landlord be obligated to relet the Property, or to relet the property for a sum equal to or greater then the rent specified h~rein, Tenent hereby specifically waives eny claim that Tenent may have with respect to eny obligation of Lendlord to mlilgate its damages in the event of Tenent's default hereunder. In particular, but without limitation, Landlord shall have the option to pursue any one or more of the following remedies without eny notice ofdemand whatsoever: A. T.r~hlnate this Agreement. In this case Tenant shall immediately surrender the Property to Landlord. However, ifTenent fails to surrender the Property to Landlord, Landlord may, without prejudice to eny other remedy which Lendlord may have for possession of the Property or for arrearage in rent or eny sum due hereunder, enter upon and take possession of the Property end remove Tenant end eny other person who may be occupying the Property, or eny part thereof; or B. Enter upon the Property, without te~i~h, nting this Agreement. Lendlord shah not be liable for prosecution for eny claim for damages, and Landlord may do whatever Tenant is obligated to do under the terms of this Agreement. Tenant shall r~imhurse Landlord, on demand, for all expenses that Lendlord incurs in effecting compliance with Tenant's obligations under thia Agreement, together with interest thereon at the maximum rate allowable by law ~om the date expended until paicL Pursuit of any ofthe foregoing remedies shall not preclude Landlord's pursuit of any other remedy herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing, to Landlord, by reason of the violation of the terms, provisions, and covenants herein contained. The rights and privileges given to Landlord in this paragraph shall be cumulative ot~ and without prejudice to, any rights or remedies given to Landlord by law to procure possession, or to enforce the payment of rent, or performance of the other covenants hereot~ No waiver by Landlord of any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of any other or future violation of breach of any ofthe provisions, conditions, or covenants herein. 17. NOTICES. Any notice or other written letter or instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, wh~ther actually received or not, when deposited in the United States maii~ postage prepaid, registered or certified, return receipt requested, addressed to the Landlord or Tenant, as the case may be, at the following addresses: LANDLORD: CITY OF DENTON, TEXAS Attention: City Manager 215 East McKinney Street Denton, Texas 76201 Fax: (940) 349-8596 Telephone: (940) 349-8307 DENTON COUNTY ARCHERS Attention: ~'r~u e. Fax: (940) ~ Telephone: (940) 3M .t//,'}2 and CITY OF DENTON, TEXAS Attention: Director of Solid Waste Dept. 1527 South Mayhill Road Denton, Texas 76208 Telephone: (940) 349-8044 18. MISCELLANEOUS PROVISIONS: A~ Compliance With The Law. Tenant shall at Tenant's sole cost and expense, obtain the necessary license and permits required to conduct Te~mt's activities on the Property. Tenant shah also comply with all governmental laws, ordinances, resolutions, and regulations applicable to the Property, or Tenant's use thereo£ B. Independent Contractor. Tenant is acting as a not for profit corporation and as an independent contractor respecting this Agreement, and is not an eaiployee, officer or agent of the Landlord. C. No Waiver. No waiver by either party hereto of any default under this Lease shall be deemed to be a waiver of any subsequent default of the same, of any other t~m, conditi°n, or covenant contained in this Agreement. D. Cax~l~xgJ.~a~ This lease shall be governed by and construed in accordance with the laws of the State of Texas. Any and all suits brought for the enforcement of this Agreement, or breach ofthi~ Agreement, or for any other cause ofaction brought pursuant tO this Agreement shah be brought in the courts ofDenton County, Texas. E. ~ Should any provision of this Agreement been deemed or found to be invalid by any legislative, admlni~trafrve, or judlc'ml body, or for any other reason whatsoever, the other provisions ofthe Agreement shall remain in full force and effect, and shall be unaffected by such declaration ofinvalidity. F. ~ This Agreement and all exhibits attached hereto, if any, contain the entire agreement between the Landlord and the Tenant with respect to the subject matter herein, and may not be altered, modified, changed, anmlllod, or emended in any manner without the written consent ofboth parties. G. ~ The effective date of this Agreement shall be the 18th day of August, 2003, for all purposes. IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement in ~t~e 3) original counterparts, by their duly authorized officers and representatives, on this the day of~-t~n~ab~, ~ ~ CITY OF DENTON, TEXAS A Texas Municipal Corporation Michael A. Conduff City Manager ATTEST: IENNIFER WALTERS, crrY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: . ,., . q'ENANT" DENTON COUNTY ARCHERS A Texas Not For Profit Corporation ATTEST: EX1HRIT "A' FIELD NOTES All that certain lot, tract or parcel ofland situated in the R.J. Mosely Survey, Abstract No. 803, in Denton County, T.exas and being part of a called first tract and part of a called third tract in a deed from S.O. T~pps, et ux to the City of Denton on the 2na day of December, 1960 and recorded in volume 462, Page 465 of the Deed Records ofDenton County, Texas and being more particularly described as follows: BEGINNING at the southwest comer of said first tract in the center ofTipps Road; THENCE north 0° 51' 32" west a distance of $20.0 feet to a point for comer; THENCE north 89° 08' 28" east a distance of 575.16 feet to a point for comer; THENCE north 0° 47' 30" east a distance of 398.79 feet to a point for comer; THENCE south 89° 12' 30" west a distance of 200.0 feet to a point for comer; THENCE south 0° 47' 30" west a distance of 429.86 feet to a point for comer; THENCE north 89° 12" 30" west a distance of 19.5 feet to a point for comer; THENCE south 18° 11' 54" west a distance of231.39 feet to a point for comer; THENCE south 13° 22' 09" west a distance of86.81 feet to a point for comer; THENCE south 5° 50' 56" west a distance of 197.86 feet to a point in the center of Tipps Road for comer; THENCE north 89° 26' 59" west a distance of634.88 feet to the Point of Be~innlng and containin~ 10.155 acres ofinnd.