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HomeMy WebLinkAbout2001-299S W., W .In u�OrE .n OAYMC L.. A,.m .] &o ORDINANCE NO 12W- O9,? AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND YMCA OF METROPOLITAN DALLAS, WHEREBY THE CITY IS LEASING THE YMCA FACILITY AT 1117 RINEY ROAD, BEING LOT 1, BLOCK 1, YMCA ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute a Lease Agreement between the City of Denton and the YMCA of Metropolitan Dallas in substantially the form of the Lease Agreement which is attached to and made a part of this ordinance for all purposes SECTION 2 The City Manager, or his designee, is authorized to make the expenditures as set forth in the attached Lease Agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of _ 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY " xm4c--� APPR VED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 10 LEASE AGREEMENT Date September 1, 2001 Landlord YMCA of Metropolitan Dallas Landlord's Address: 601 N Akard Street Dallas, TX 75201-3303 Tenant City of Denton Tenant's Address: 215 E McKinney Street Denton, TX 76201 Premises YMCA Property 1117 Riney Road Denton, Texas Property Description. 362,728 Square Feet (8 3271 Acres), irregular in shape, with a one-story, masonry building consisting of approximately 3,500 Square Feet of gross building area This facility also contains an outdoor swimming pool, a playground area, athletic fields, and paved parking areas The Property is located at 1117 Riney Road and is described as Lot 1, Block 1, YMCA Addition, an addition to the City of Denton, Denton County, Texas Rent $1 00 per month Term- 4 Months Commencement Date* September 1, 2001 Termination Date: December 31, 2001 or date of closing of Tenant's purchase of the Property, whichever occurs first Use Parks & Recreation Department offices, programs, and maintenance operations Police Department neighborhood COPS office Other municipal office uses "Landlord" means Landlord and its agents, employees, invitees, licensees, or visitors "Tenant" means Tenant and its agents, employees, invitees, licensees, or visitors "Essential Services" means heating, ventilating, air conditioning, water, and utility connections reasonably necessary for occupancy of the premises for the use stated above LEASE CLAUSES AND COVENANTS 1) Tenant Agrees to: a Lease the premises for the entire term beginning on the commencement date and ending on the termination date b Accept the premises in their present condition "as is," the premises being currently suitable for Tenant's intended use c Obey all laws, ordinances, orders, and rules and regulations applicable to the use, condition, and occupancy of the premises, including the rules and regulations of the building adopted by Landlord d Pay monthly, in advance, on the first day of the month, the base rent to Landlord at Landlord's address e Pay for all utility services used by Tenant f Pay Tenant's pro rata share of any utility services provided by Landlord g Allow Landlord to enter the premises to perform Landlord's obligations, inspect the premises, and show the premises to prospective purchasers or tenants h Repair, replace, and maintain any part of the premises that Landlord is not obligated to repair, replace, or maintain, normal wear excepted i Repair any damage to the premises caused by Tenant j Submit in writing to Landlord any request for repairs, replacement, and maintenance that are the obligations of Landlord k Indemnify, defend, and hold Landlord harmless from any loss, attorney's fees, expenses, or claims arising out of use of the premises 2) Tenant agrees not to• a Use the premises for any purpose other than that stated in the basic lease terms and definitions 2 b Create a nuisance, permit any waste, or use the premises in any way that is extra hazardous, would increase insurance premiums, or would void insurance on the building c Allow a lien to be placed on the premises d Alter the premises e Assign this lease or sublease any portion of the premises without Landlord's written consent 3) Landlord agrees to• a Lease to Tenant the premises for the entire term beginning on the commencement date and ending on the termination date b Obey all laws, ordinances, orders, and rules and regulations applicable to the use, condition, and occupancy of the building provided that compliance of the Premises with applicable codes, ordinances, rules, and regulations shall be the sole responsibility of the Tenant c Provide normal utility service connections to the building as currently installed d Insure the building against all risks of direct physical loss in an amount equal to at least 90 percent of the full replacement cost of the building as of the date of the loss and liability 4) Landlord agrees not to: a Interfere with Tenant's possession of the premises as long as Tenant is not in default 5) Landlord and Tenant agree to the Following• a Alterations Any physical additions or improvements to the premises made by Tenant will become the property of Landlord b Casualty/Total or Partial Destruction If at any time during the Lease Term any parts of the Premises are damaged by a fire or other casualty, Tenant shall notify Landlord ("Tenant's Notice") within five (5) days after such damage If such fire or other casualty in Tenant's sole and absolute discretion, would prevent or materially interfere with Tenant's use of the Premises, Tenant shall have the right to terminate this Lease upon written notice to Landlord within twenty (20) days after the occurrence of the casualty If such fire or other casualty would in Landlord's sole and absolute discretion materially interfere with or impair Landlord's ownership or operation of the Building, then Landlord may, upon 3 written notice to Tenant within twenty (20) days after Landlord receives Tenant's Notice, terminate this Lease Default by Landlord/Events Defaults by Landlord are failing to comply with any provision of this lease within thirty days after written notice d Default by Landlord/Tenant's Remedies Tenant's remedies for Landlord's default are to sue for damages, and if Landlord does not provide an essential service for thirty days after default, terminate this lease Default by Tenant/Events Defaults by Tenant are failing to pay timely rent, abandoning or vacating a substantial portion of the premises or failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth above Default by Tenant/Landlord's Remedies Landlords remedies for Tenant's default are to enter and take possession of the premises, after which Landlord may relet the premises on behalf of Tenant and receive the rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet, enter the premises and perform Tenant's obligations, or terminate this lease by written notice and sue for damages Landlord may enter and take possession of the premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the premises, until the default is cured, without being liable for damages g Default/Waiver/Mitigation It is not a waiver of default if the non -defaulting party fails to declare immediately a default or delays in taking any action Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by law Landlord and Tenant have a duty to mitigate damages Holdover If Tenant does not vacate the premises following termination of this lease, Tenant shall be a tenant at will and shall vacate the premises on receipt of notice from Landlord No holding over by Tenant, whether with or without the consent of Landlord, will extend the term Alternative Dispute Resolution Landlord and Tenant shall submit in good faith to mediation before filing a suit for damages Attorney's Fees If either party retains an attorney to enforce this lease, the prevailing party is entitled to recover reasonable attorney's fees k Venue Venue is in Denton County, Texas Entire Agreement This lease, together with the attached exhibits and riders, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to the expressly mentioned exhibits and riders not incorporated in writing in this lease in Amendment of Lease This lease may be amended only by an instrument in writing signed by Landlord and Tenant n Limitation of Warranties There are no implied warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this lease, and there are no warranties that extend beyond those expressly stated in this lease o Notices Any notice required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to Landlord or Tenant at their addresses p Abandoned Property Landlord may retain, destroy, or dispose of any property left on the premises at the end of the term q Mechanic's Liens Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease Tenant shall give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises and cause such lien or encumbrance to be discharged within thirty (30) days of the filing or recording thereof r Environmental Requirements Except for Hazardous Material contained in products used by Tenant in de mmimis quantities for ordinary cleaning and office purposes, Tenant shall not permit or cause any party to bring any Hazardous Material upon the Premises or transport, store, use, generate, manufacture, dispose of, or release any Hazardous Material in or about the Premises Tenant, at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental Requirements and shall re -mediate in a manner satisfactory to Landlord any Hazardous Materials released on or from the Property by Tenant, its agents, employees, contractors, subtenants or invitees The term `Environmental Requirements" means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the 5 environment, including without limitation, the following the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended, 42 U S C § 9601, et seq , the Resource Conservation and Recovery Act ("RCRA"), as amended, 41 U S C § 6801, et seq , the Federal Water Pollution Control Act, as amended, 33 U S C § 1251, et seq , the Clean Air Act, as amended, 42 U S C § 7401, et seq , and all state and local counterparts thereto, and any regulations or policies promulgated or issued there under The term "Hazardous Materials" means and includes any substance, material, waste, pollutant, or contaminant, the presence of which requires notice to any Governmental Agency or investigation or remediation pursuant to any Environmental Requirements, or is or becomes regulated by any Governmental Agency As defined in Environmental Requirements, Tenant is and shall be deemed to be the "operator" of Tenant's "facility" and the "owner" of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the "generator" of the wastes, by-products, or residues generated, resulting, or produced there from The term "Governmental Agency" means all governmental agencies, departments, commission, boards, bureaus or instrumentalities of the United States, states, counties, cities and political subdivisions thereof TO THE EXTENT ALLOWED BY TEXAS LAW, TENANT SHALL INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY AND ALL LOSSES (INCLUDING, WITHOUT LIMITATION, DIMINUTION IN VALUE OF THE BUILDING OR THE PROPERTY), CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND EXPENSES) WHICH ARE BROUGHT OR RECOVERABLE AGAINST, OR SUFFERED OR INCURRED BY LANDLORD AS A RESULT OF ANY RELEASE OF HAZARDOUS MATERIALS FOR WHICH TENANT IS OBLIGATED TO REMEDIATE AS PROVIDED ABOVE OR ANY OTHER BREACH OF THE REQUIREMENTS UNDER THIS PARAGRAPH BY TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBTENANTS, ASSIGNEES OR INVITEES, REGARDLESS OF WHETHER TENANT HAD KNOWLEDGE OF SUCH NONCOMPLIANCE THE OBLIGATIONS OF TENANT UNDER THIS PARAGRAPH SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS LEASE s Force Maleure Landlord and Tenant shall not be held responsible for delays in the performance of its obligations hereunder when caused by strikes, labor disputes, acts of God, governmental restrictions, governmental regulations, governmental controls, delay in issuance of permits, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of Landlord Accepted and agreed to by signatures below to be effective September 1, 2001 Si YMCA BY ::—'rq—Ua C Phil DiCasolo Executive Vice President Landlord' Address 601 N Akard Street Dallas, TX 75201 City of Denton BY Michael A Conduff City Manager City's Address 215 E McKinney Denton, Texas 76201 Approve fo Edwin M ny r Deputy Cit ttorney