1996-086E \WPDOCS\ORD\CHAMBER AMD
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
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 ~n 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
("Ease Lease"), and
W~EREAS, on the 16th day of March, 1976, Lessor and Lessee
entered znto that certain addendum to lease extending the term of
the Base Lease for a period of twenty-fzve years to end on the 31st
day of August, 2023, and
WHEREAS, the Lessor and Lessee are desirous of entering ~nto
an additional extenszon of the base lease for another twenty-five
year per~od, 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 zs to provide certain
economic development services and to promote tourzsm and commerce
wlthln the C~ty of Denton, and
WHEREAS, the Lessee is desirous of making major improvements
to the building on the leased premises as descrzbed above in an
amount expected to exceed $400,000, and
WHEREAS, the Lessor considers that the extension of thzs Base
Lease to Lessee ~s essential to support the activities of Lessee to
promote economic development and tourzsm within the C~ty 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 buszness and commercial activity and constitute a
public purpose, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is hereby authorized to execute the
Second Addendum to Lease between the Czty 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
SECTION II That th~s ordznance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the~'W~' day of ~, 1996
BOt~ CASTLEBERRY, MA7 ~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AFTER RECORDING RETURN TO 97-1168R
HERB FROUTY, CITY ATTY
215 E MCKINNEY
DENTON, TEXAS 76201
STATE OF TEXAS §
CO=T¥ OF §
SECOND ADDENDUM TO LEASE
This second addendum to that certamn agreement of lease made
the 21st day of August, 1973 by and between the City of Denton,
Texas, known heremn 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, begmnnmng 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,
bemng Lot 15, Block 431 of the City of Denton, Texas (approximately
25,000 square feet) the same being land owned by the Lessor smtu-
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-fmve years to end on the 31st
day of August, 2023, and
WHEREAS, the Lessor and Lessee are desirous of entering into
an addmtmonal 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
econommc development services and to promote tourism and commerce
within the City of Denton, and
WHEREAS, the Lessee is desirous of making ma3or improvements
to the bulldmng on the leased premises as described above in an
amount expected to exceed $400,000, and
WHEREAS, the Lessor consmders that the extension of this base
lease to Lessee Ks essentmal to support the actlvltmes of Lessee to
promote econommc development and tourmsm w~th~n the Cmty and that
these actlvmtmes constmtute a part of the Lessor's program under
TEX LOC GOV'T CODE §380 001 to promote econommc 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 wmth 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 addmtzonal
twenty-five years so that the term begmns on the 1st day of Septem-
ber, 1973 and will end on the 31st day of August, 2048 for a
conslderataon of one dollar ($1 00) per each year of the lease upon
the condltaons and covenants of this lease
2 That section III of the base lease as hereby amended to
read as follows That the Lessee wall assume full responsablllty
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 thas lease, the Lessee
shall keep the building and premises fully insured at all tames
durang the term of this lease, with an ansurance company licensed
to do business in the State of Texas with polacles of fire,
casualty, and property damage ansurance 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 provadlng both Lessee and
Lessor thirty (30) days prior notace of such change or cancella-
tion Lessee agrees to pay before delinquency all charges for
water, gas, heat, electricity, power, and other samalar charges
incurred by Lessee wath 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 authorazed represe~9~ve of
the D~rtles a~ove have hereunto executed same on the ~W-'day of
~, 1996
CITY OF DENTON, TEXAS
/
ATTEST
JENNIFER WALTERS CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
A \cm~m~a ~ President - ; ' '
Page 2
Minutes
Regular Meetm§
Board of D~rectors
DENTON CHAMBER of COMMERCE
April 18, 1996
VOTING DIRECTORS PRESENT (65%)
Fred Gossett, Chmrman Sue Darby
Ellen Schertz Don R Morns
Priscilla Sanders Joe Mutroy
George H~ghflll Phylhs P~ttman
Bill Patterson D~ck Smith
Christine Rowell Ed Smith
Tony Clark
PAST BOARD CHAIRMEN & EX-OFFICIO DIRECTORS PRESENT
R~chard Hayes Jean Schaake
Eric Jackson Joe Thurmon (for Jessee)
OTHER GUESTS & STAFF PRESENT
M~ke Berry Jo Ann Ballantine (staff)
R~ck Woolfolk C J Bohn (staff)
Charles W Carpenter (staff)
Chairman Gossett called the meeting to order at 11 46 a m, Sanders gave an
~nvocat~on D~ck Smith moved that all ~tems hsted on the CONSENT AGENDA be
approved as d~stnbuted ~n advance, which ~ncluded M~nutes of the Regular March 21, 1996
Board of D~rectors meeting, F~nanc~al Statements for the Chamber's General Fund,
Convention & V~s~tor Bureau and Economic Development reflecting the penod ending
March 31, 1996, and Staff Actw~ty Reports from the C&VB and Economic Development
(cop~es of original exhibits attached to file) Rowe[I seconded, the mouon carried
Berry, from S~r Speedy Printing and the recently approved prowder for the Denton
Chamber's Intemet service, rewewed possible options for offenng 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 S~r Speedy, then a monthly charge of $10,
which would be a non-dues income source for the Chamber Following a brief d~scuss~on,
Berry agreed to come back at the regular May 16 Board meeting w~th actual hard sample
Schaake and Woolfolk gave a presentation regarding the DENTON INDEPENDENT
SCHOOL DISTRICT BOND ELECTION scheduled for May 4 (cop~es of exhibits attached to
file) The total package ~s $123 5 mdhon, and ~s 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
H~ghflll rewewed 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 hsted as Ehg~ble for Drop be held another 30 days Denton Area Association of
CPA's, Dawd Duff~eld Co, Lovetouch Naris and Debb~e Johnson - Ebby Halhday, Realtor
P~ttman seconded, the motion carried
Carpenter rewewed the proposed ADDENDUM to the ex~st~ng LEASE w~th the CITY
OF DENTON for the properb/on which the CHAMBER BUILDING ~s located through the
year 2048 for $1 00 annually (copy of ongtnal exhibit attached to file) He noted that the
proposal had been approved conceptually by the Board dunng ~ts regular February 15,
1996 meeting Clark moved that Carpenter be authorized to formally execute the contract
w~th the C~ty of Denton as presented Schertz seconded, the motion carried
Carpenter rewewed the proposed AMENDMENT to the ex~stmg AGREEMENT w~th
the CITY OF DENTON for the Chamber to continue prowdmg ECONOMIC
DEVELOPMENT MARKETING SERVICES (copy of original exhibit attached to file), but now
contract d~rectly w~th the newly created DENTON ECONOMIC DEVELOPMENT
CORPORATION D~ck Smith moved that full Board approval be delayed until the ~ssue of
the Ten Percent for Marketing clause ~s clarified, and confirmation that the Economic
Development Corporation will m fact honor the contract w~th the Chamber to prowde
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 w~th the C~ty Attorney and City Finance D~rector on April 24, the EDC
Board will meet April 23
Jackson, representing LEADERSHIP DENTON, reviewed a memo (copy of original
exhib~t attached to file) which sought input concermng the ~ssues of The 1995-96 Class
Project which focused on the Economic Development Sales Tax, All-day class sessions v s
Evemngs and Reserve Fund He noted that the 1996-97 LD Steenng Committee w~ll meet
soon to schedule dates, and recommendations from a special rewew of the overall program
will probably be submitted next January
Chairman Gossett noted that the record should reflect that Wayne Allen, David
Bdes; T~m Crouch, Phil Galhvan, Scott Koemg and Conme Pelphrey had all contacted the
chamber off~ce ~n advance to request EXCUSED ABSENCES
Being no further official bus~ness, Darby moved that the meeting be ADJOURNED
at 1 25 p m H~ghflll seconded, the motion carried
Resj~ctfully submitted,
President
[lled for Record )n.
DENTON COUNFY, TX
HONORABLE TIM HODGES/COUNIY
CLCRK
0~) Mar 26 199/ At (:ttpm
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Doc/M§mt · 6 00
Re~e~p~ Ii" 9607
D~puby BkANDIF