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Home My WebLink About2000-183\\CH LOUVOLNhffWWW"Mu[Oo[ummle\ONloun[uW0\f If Reng<wendmmfAac ORDINANCE NO A61?4' BOO AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO GOLF RANGE LEASE CONTRACT FOR NORTH LAKES PARK IN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 2, 1999 the City and The Fundamentals Program, Inc dba ONCourse USA (the "Lessee") entered into that certain Golf Driving Range Lease Contract for North Lakes Park (the "Lease") which provided for the operation of a golf range facility at North Lakes Park in Denton, Texas, and WHEREAS, the City and Lessee desire to amend the Lease to more accurately reflect the actual operations under the Lease, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 5)=+Cj1QN 1 The City Manager or his designee is authorized to execute an amendment to the Lease which is attached hereto and made a part hereof SECTION This ordinance shall become effective immediately upon its passage and 2 approval /6 �yy� PASSED AND APPROVED this the (a day of /'�_._> 2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By 40 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CI ATTORNEY —5ez By AMENDMENT TO GOLF RANGE LEASE CONTRACT NORTH LAKES PARK, CITY OF DENTON THIS AGREEMENT is made as of the date set forth below by and between the City of Denton (the "City") and The Fundamentals Program, Inc , dba ONCourse USA (the "Lessee") WHEREAS, on March 2, 1999 the City and Lessee entered into that certain Golf Driving Range Lease Contract for North Lakes Park (the "Lease") which provided for the operation of a golf range facility at North Lakes Park in Denton, Texas, and WHEREAS, the parties desire to amend the Lease to more accurately reflect the actual operations under the Lease, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows Paragraph 2 of the Lease is amended and superceded in its entirety to read as follows "This Lease shall commence on the 12`h day of April, 1999 and shall terminate on the I lth day of April, 2002, unless sooner terminated as herein provided, or unless City by thirty (30) days' notice in writing shall terminate the Lease, when, in its judgment, it is deemed that such termination is necessary by operation of law, or pursuant to the terms of this agreement, or it is deemed that the leased premises are required for other City purpose or purposes The lease may be renewed and extended upon mutual agreement of the City and the Lessee for two (2) additional five (5) year periods " 2 Paragraph 4 of the Lease is amended and superceded in its entirety to read as follows "Rental Lessee agrees to pay to the City rent as follows a For the first lease year, $2500 00 on or before April 12, 1999 and additional 11 monthly payments beginning on or before the 12`h day of each month thereafter in an amount equal to $227 27 or 2% of the gross sales for the preceding 30 day period, whichever is greater b For the second lease year, $2500 00 on or before April 12, 2000 and additional 11 monthly payments beginning on or before the 12ih day of each month thereafter in an amount equal to $363 64 or 4% of the gross sales for the preceding 30 day period, whichever is greater For the third lease year, $2500 00 on or before April 12, 2000 and additional 11 monthly payments beginning on or before the 12`h day of Page 1 of 3 \\CM LCL,vOL,We,aQWepN-GL!Our Wwmmu�Conu,uSooUME1NMWJT GOLPPANGBLPAS6 Aoc each month thereafter in an amount equal to $545 45 or 6% of the gross sales for the preceding 30 day period, whichever is greater Lease year is defined as being from April IP through April llth of the succeeding year Gross sales is defined as all sales derived from driving range fees, food and advertising " Exhibit B of the Lease is amended and superceded in its entirety to read as follows "The minimum fee structure for mutual agreement of extension of the contract for two terms is as follows For each lease year, $2500 00 payable on or before April 121h of the applicable lease year and 11 additional monthly payments beginning on or before of the 12`h of each month thereafter, equal to 6% of the gross sales for the preceding 30 day period or the minimum monthly payment as set forth below, whichever is greater First 5 year extension Lease Year 2002 (4-12-02 thru 4-11-03) - minimum monthly payment $ 772 73 Lease Year 2003 (4-12-03 thru 4-11-04) - minimum monthly payment $ 836 64 Lease Year 2004 (4-12-04 thru 4-11-05) - minimum monthly payment $ 954 55 Lease Year 2005 (4-12-05 thm 4-11-06) - minimum monthly payment $1,045 45 Lease Year 2006 (4-12-06 thm 4-11-07) - mimmum monthly payment $1,136 36 Second 5 year extension Lease Year 2007 (4-12-07 thru 4-11-08) - minimum monthly payment $1,136 36 Lease Year 2008 (4-12-08 thm 4-11-09) - minimum monthly payment $1,227 27 Lease Year 2009 (4-12-09 thru 4-11-10) - minimum monthly payment $1,318 18 Lease Year 2010 (4-12-10 thru 4-11-11) - minimum monthly payment $1,409 09 Lease Year 2011 (4-12-11 thm 4-11-12) - mimmum monthly payment $1,500 00 All other terms and conditions contained in the Lease that are not expressly amended or changed by this instrument shall remain in full force and effect SIGNED as of the %�oday of l� 2000 CITY OF DENTON, TEXAS e / chael W J z, t eager Page 2 of 3 MCHWLUVoLl1 u[QNepN LWwD mmY nVrtle�MDMBN MUMNG9LMSE Goc ATTEST JENNIFER WALTERS, CITY SECRETARY BY �w� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE FUNDAMENTALS PROGRAM, INC H.. 0 Nat Title , Tr-P Znc Page 3 of 3 1111 LGL\VOLIWuatlWep\\LOL\Oue Uooumm4Manwn4\OPv1A19NUM9NTdOLP RANOC LPA38 tlo�