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2014-003\ \CODAD \Departments \Legal \Our Documents \0rdinances \13 \Denton County Archers Lease Agreement.docx ORDINANCE NO, 2014 -003 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ARCHERS, A TEXAS NOT - FOR - PROFIT CORPORATION; 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 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 Lease Agreement is attached hereto as Exhibit "A" and incorporated by reference herewith. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. N PASSED AND APPROVED this the da y 20 of � . „� w , m, MlA l G1MAY6R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:� �., t THE STATE OF TEXAS § COUNTY OF DENTON § LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY ARCHERS THIS LEASE AGREEMENT is executed and entered into as of the 3rd day of December, 2013, hereafter the "Effective Date" by and between the City of Denton, Texas, a Texas Municipal Corporation (the "Landlord ") and the Denton County Archers, a not - for - profit Texas Corporation (the "Tenant ") upon the following terms and conditions: WHEREAS, this Lease Agreement (the "Agreement ") replaces, amends, and supersedes that certain Third Amended Lease Agreement entered into by Landlord and Tenant effective as of the 18th day of August, 2009 and which expired on August 18, 2012; and WHEREAS, this 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; and this Lease Agreement supersedes all prior Lease Agreements by and between the City of Denton, Texas and the Denton County Archers; and NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the Landlord and Tenant hereby AGREE to the following terms and conditions: 1. LEASE GRANT. For and in consideration of the premises, 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.J. Mosely Survey, Abstract No. 803, in and for Denton County, Texas, hereinafter 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 described in Exhibit "A" attached hereto, and incorporated herewith by reference. The Landlord and Tenant further agree that the Property described 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 run along the entire Northern -most boundary line of the Property, which additional tract will be available for Tenant's usage just the same as the Property described in Exhibit "A." Landlord and Tenant agree that the Northern -most boundary line of the Property, after taking into account the 1,000 foot wide buffer zone, will accordingly be marked by Landlord by its installation of a minimum of five (5) clearly visible corner posts. 2. LEASE PURPOSE. The lease of this Property shall be solely for the purpose of constructing and maintaining an archery range. Only members of Tenant, 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 similar temporary storage facilities upon the Property without the express advance written approval of the Landlord. 3. TERM. The lease term (the "Term ") of this Agreement shall be for three (3) years, commencing effective on December 3, 2013 and expiring on December 3, 2016. Landlord, however retains the absolute right to terminate this Agreement upon giving Tenant thirty (30) days written notice of termination. In the event of termination of this Agreement by Landlord, Tenant shall remove all improvements made by Tenant during the Agreement within said thirty (30) day notice period. In the event of termination of this Agreement upon thirty (30) days written notice by Landlord, Landlord shall refund any unearned rent paid in advance by Tenant, conditioned, however, upon the Property inspection of the Landlord, which will be conducted by Landlord within ten (10) days following Tenant's surrender of possession of the Property, revealing no material damage to the Property. 4. SECURITY DEPOSIT. Landlord does not require that Tenant pay to Landlord a security deposit under this Agreement. 5. RENT. 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 $1,250.00 per year. The first $1,250 payment of rent shall be due and payable on December 3, 2013 and shall cover the period from December 3, 2013 through December 3, 2014. The second $1,250 payment of rent shall be due and payable on December 3, 2014 and shall cover the period from December 3, 2014 through December 3, 2015. The third and final $1,250 payment of rent shall be due and payable on December 3, 2015 and shall cover the period from December 3, 2015 through December 3, 2016. 6. OPTION TO RENEW, This lease may be renewed for two (2) additional periods of one (1) year each upon mutual agreement of the parties, in writing. 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) signs that are readable from at least 100', on the gate and the perimeter fence line of the frontage road notifying the public that the land is posted, no trespassing. B. Require that all 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. Landlord shall have no responsibility for the safety of all club members, visitors or guests. C. Tenant is responsible for all site maintenance. Tenant shall maintain the site in its present condition, reasonable wear and tear being excepted. 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 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 2 of the key to the locked gate. Tenant and Landlord shall provide separate locks for the gate. The Tenant will not lock the Landlord out of the leased premises. F. Tenant shall prohibit anyone from possessing a firearm and /or incendiary device on the Property. G. Tenant agrees to make a monthly inspection of the Property and further agrees to promptly report any unauthorized use, any unusual erosion, any unusual odors, or any other hazards to the Landlord immediately, in writing. H. Tenant shall construct and maintain a roadway from the present entrance to the Property, to the area or areas planned for utilization on the Property. I. Tenant shall provide to Landlord, an updated list of its organization's officers and directors, as well as Tenant's point of contact, at least annually; and Tenant shall advise Landlord of any change in Tenant's officer and directors if that occurs. J. Tenant shall be responsible for arranging for any temporary utility service, if needed, to the Property, together with all costs of said utilities. Landlord is not liable for any utility service or costs of same regarding the Property. K. Tenant shall be responsible for keeping the Property picked up and clean at all times. Tenant shall pick -up the premises and remove debris from the Property before Tenant closes the Property, for each day that Tenant uses the Property. Tenant shall be responsible for promptly hauling away any refuse or trash from the premises, all at Tenant's expense. Tenant shall not conduct any open burning on the Property. L. At the termination of the term of this Agreement, Tenant shall surrender the Property to Landlord, in the same condition as it existed on the first day of the Landlord /Tenant relationship by and between Landlord and Tenant, subject however, to allowance for reasonable wear, tear and deterioration. TENANT'S RIGHTS. Tenant is granted the authority to control access to the Property. 9. HOURS OF OPERATION. Operating hours for the Property shall be only from one- half hour before sunrise and one -half hour after sunset, for all days of the week, except Thursday. On each Thursday, the operating hours shall be from one -half hour before sunrise until 10:00 p.m. Any requested extension of operating hours or any request for overnight usage will require the advance written approval of the Landlord. 10, (. QN1.J ION 01" P1 01IER`] Y, Tenant hereby acknowledges that it has inspected the Property and accepts and approves of the Property in its present "AS IS" and "WITH ALL FAULTS" condition, subject to any and all roads, rights -of -way, electric transmission lines, other utility lines or pipes, and any and all visible and recorded easements. LANDLORD HAS NOT, AND DOES NOT, AND WILL NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY USE, OR ANY WARRANTY OF CONDITION, MERCHANTABILITY, OR HABITABILITY. 3 11. INDEMNIFICATION. TENANT SHALL OCCUPY AND USE THE PROPERTY AT TENANT'S SOLE RISK. TENANT SHALL INDEMNIFY LANDLORD AND HOLD LANDLORD HARMLESS OF AND FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, 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. INSURANCE. Tenant shall procure and maintain, at its sole cost and expense throughout the Term of this 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 against all claims, demands, or actions arising 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 an appropriate insurance certificate, and if requested by Landlord, a copy or copies of policies, and receipts evidencing payment of premiums therefor, 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 premiums) shall be delivered to Landlord. Each policy shall provide that not less than thirty days (30) days' written notice must be given to Landlord before any policy may be canceled or changed to reduce the insurance provided by it. 13. ASSIGNMENT AND SUBLETTING. Tenant shall not sublet or assign all or any portion of this Agreement or the Property, or any interest therein. Any assignment or subletting in violation of this paragraph by the Tenant 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 of the Property, the use thereof, or for any other lawful 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. Tenant shall provide Landlord with a key to each lock, or the combination to each lock, that may be placed upon any gate upon the Property, so that the Property is always accessible to the Landlord. If Landlord attempts to enter the Property, but is prevented from doing so because of not being furnished a key or combination by Tenant, Tenant, within five (5) business days after demand by Landlord furnish a key and /or the combination to lock(s) to permit Landlord's entry to the Property. Tenant shall also pay Landlord a stipulated monetary charge of $45.00 at the time of presenting the key and /or combination to Landlord. 15. DEFAULT. Tenant shall be in default under this Agreement i£ A. Tenant fails to pay any rent payment due under this Agreement within fifteen (15) days of its due date; or B. Tenant fails to comply with any term, condition, or covenant of this Agreement, and that failure is not cured within fifteen (15) days after written notice is issued to Tenant. L, 16. REMEDIES. On the occurrence of any 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 re -let the Property, or to re -let the property for a sum equal to or greater than the rent specified herein, Tenant hereby specifically waives any claim that Tenant may have with respect to any obligation of Landlord to mitigate its damages in the event of Tenant's default hereunder. In particular, but without limitation, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: A. Terminate this Agreement. In this case Tenant shall surrender the Property to Landlord pursuant to the terms of this Agreement. However, if Tenant fails to surrender the Property to Landlord, Landlord may, without prejudice to any other remedy which Landlord may have for possession of the Property or for arrearage in rent or any sum due hereunder, enter upon and take possession of the Property and remove Tenant and any other person and their materials, who may be occupying the Property, or any part thereof; or B. I lite � u DWI flic° ll' ul ter �t opt � tg tl�ws 4 � e hint, Landlord shall not be liable for prosecution for any claim for damages, and Landlord may do whatever Tenant is obligated to do under the terms of this Agreement. Tenant shall reimburse Landlord, on demand, for all expenses that Landlord incurs in effecting compliance with Tenant's obligations under this Agreement, together with interest thereon at the maximum rate allowable by law from the date expended until paid. Payment of such amount shall be made no later than fifteen (15) days after Landlord's issuance of the invoice to Tenant, which notice shall be made in writing and mailed to Tenant at the mailing address for notices set forth in Paragraph 17 herein. Pursuit of any of the 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 of, 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 hereof. 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 of the 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, whether actually received or not, when deposited in the United States mail, 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 E TENANT: DENTON COUNTY ARCHERS Xavier Hernandez, President 3501 Ambeilwood Lane Proper, Texas 75078 Fax: (940) 349 -8596 Telephone: (940) 349 -8307 and CITY OF DENTON, TEXAS Attention: Director of Solid Waste Dept 1527 South Mayhill Road Denton, Texas 76208 Fax: (940) 349 -8057 Telephone: (940) 349 -8044 18. MISCELLANEOUS PROVISIONS: OR Sheldon Benge. Vice President 1233 Buehler Court Lewisville, Texas 76057 OR Robert Hilliard, Secretary 2525 Ft. Worth Drive Denton, Texas 76205 OR Lloyd Hensley, Treasurer 2204 Emerson Lane Denton, Texas 76209 A. Compliance With The Law. Tenant shall at Tenant's sole cost and expense, obtain the necessary license and permits required to conduct Tenant's activities on the Property. Tenant shall also comply with all governmental laws, ordinances, resolutions, and regulations applicable to the Property, or Tenant's use thereof. B. Independent Contractor. Tenant is acting as a not - for - profit corporation and as an independent contractor respecting this Agreement, and is not an employee, 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 term, condition, or covenant contained in this Agreement. D. Governing Law/Venue. 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 of this Agreement, or for any other cause of action brought pursuant to this Agreement shall be brought in the courts of Denton County, Texas. E. Invalid Provisions. Should any provision of this Agreement been deemed or found to be invalid by any legislative, administrative, or judicial body, or for any other reason whatsoever, the other provisions of the Agreement shall remain in full force and effect, and shall be unaffected by such declaration of invalidity. F. Entirety. 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, annulled, or amended in any manner without the written consent of both parties. G. Effective Date. The effective date of this Agreement shall be the 3rd day of December, 2013, for all purposes. 2 IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement. "LANDLORD" CITY OF DENTON, TEXAS A Texas Municipal Corporation CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY m By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY A 1 "1'O1 N' Y "TENANT" DENTON COUNTY ARCHERS A Texas Not For Profit .,,orp7 wat Eo�ll ATTEST: r 1 . Nlffffffvww \ \CODAD \Departments \Legal \Our Documents \Contracts \13 \Denton County Archers Lease Agreement.doc 7 EXHIBIT "A" FIELD NOTES All that certain lot, tract or parcel of land situated in the R.J. Mosely Survey, Abstract No. 803, in Denton County, Texas and being part of a called first tract and part of a called third tract in a deed from S.O. Tipps, et ux to the City of Denton on the 2nd day of December, 1960 and recorded in volume 462, Page 465 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the southwest corner of said first tract in the center of Tipps Road; THENCE north 0° 51'32" west a distance of 520.0 feet to a point for corner; THENCE north 89° 08'28" east a distance of 575.16 feet to a point for corner; THENCE north 0'47'30" east a distance of 398.79 feet to a point for corner; THENCE south 89° 12' 30" west a distance of 200.0 feet to a point for corner; THENCE south 0° 47' 30" west a distance of 429.86 feet to a point for corner; THENCE north 89° 12" 30" west a distance of 19.5 feet to a point for corner; THENCE south 18° 11' 54" west a distance of 231.39 feet to a point for corner; THENCE south 13° 22'09" west a distance of 86.81 feet to a point for corner; THENCE south 5° 50'56" west a distance of 197.86 feet to a point in the center of Tipps Road for corner; THENCE north 89° 26'59" west a distance of 634.88 feet to the Point of Beginning and containing approximately 10.155 acres of land. FURTHER TRACT: The leased Property described hereinabove shall also include an additional tract of land, which is a 1000' wide buffer zone, which buffer zone abuts along the entire Northern -most boundary line of the above - described 10.155 acre tract of land.