2010-013
ORDINANCE NO. 2O 10-0 13
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE
"TOWER/GROUND LEASE AGREEMENT" ENTERED INTO BY AND BETWEEN THE
CITY OF DENTON, TEXAS AS LESSEE AND DENTON COUNTY, TEXAS, AS LESSOR;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER'S AUTHORITY TO EXPEND FUNDS AS ARE
NECESSARY TO PERFORM THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton, Texas and Denton County, Texas have entered into a
"Tower/Ground Lease Agreement" (hereafter the "Agreement"), which, considering the relevant
circumstances provides for the needs of both parties to the Agreement; said Agreement providing
the City with a 20-year tower/ground lease on County-owned real property in order to improve
the City's municipal communications, antenna and transmission lines as provided in Section 1 of
the Agreement; and in Section 2 of the Agreement provides for the County to receive benefits
from the City that are commensurate with the value of the leased premises; and
WHEREAS, the City believes that the Agreement is in the best interests of the City; that
the Agreement has been approved by the County Commissioner's Court on December 8, 2009;
and that a valid governmental purpose is served by said Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council approves, and the City Manager is hereby authorized to
execute, on behalf of the City Council of the City of Denton, Texas, the "Tower/Ground Lease
Agreement," which Agreement. is attached hereto as Exhibit "A" and is incorporated by
reference herein.
SECTION 2. The City Manager shall have the authority to expend funds that are
necessary to perform this Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the 12 - day of _(JA117jj1),4jL1_ , ofo
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MARK k BIJIZ-OUGhs, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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By: ,t
APP OVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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Page 2 of 2
STATE OF TEXAS §
COUNTY OF DENTON §
TOWER/GROUND LEASE AGREEMENT
THIS AGREEMENT (the "Agreement") made this as of the 16th day of December,
2009, (the "Effective Date") by and between the COUNTY OF DENTON, TEXAS, hereinafter
called "LESSOR" and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation,
hereinafter called "LESSEE," both organized and existing under the laws of the State of Texas.
WHEREAS, LESSOR is the owner of the following described real property, and tower
(the "Tower") described in Exhibit "A" attached hereto, situated in the County of Denton, Texas;
and
WHEREAS, LESSEE desires to lease space for its municipal communications, antennas
and transmission lines from LESSOR on said Tower; together with ground space for
LESSEE'S equipment building or cabinet, together with all appurtenances thereto, and further
with a right-of-way for ingress and egress for the purpose of installing, operating and
maintaining facilities to provide and improve municipal communications radio services
including public safety communications; and
NOW THEREFORE, in consideration of the covenants, conditions, and agreements,
of LESSOR and LESSEE hereinafter set forth, the adequacy of which is hereby acknowledged.
LESSOR and LESSEE agree as follows:
1. LESSEE Rights.
a. LESSOR hereby leases, lets and remises to LESSEE, and LESSEE takes from
LESSOR, sufficient space on LESSOR'S Tower at the 440feet & 415 feet AGL to attach
LESSEE'S "3" (700'/ 800MHz) antenna array, and a 12 x 26 area (approximately 312 square
feet) of ground space adjacent to said Tower for LESSEE'S equipment building or cabinet and-
all appurtenances thereto. LESSOR also grants to LESSEE the right-of-way for ingress and
egress to and from said Tower and equipment building or cabinet. The equipment space and
ground space described above are hereinafter referred to as the "Leased Premises," which
together with the right-of-way for ingress and egress are more particularly shown on Exhibit
"A
b. LESSEE'S antenna array, equipment building/cabinet, telecommunications
equipment (collectively "LESSEE'S Facilities") and the location of these Facilities, including
where the antenna array attaches upon the Tower, are more particularly illustrated and defined in
Exhibit "A", which is attached hereto and made a part hereof for all purposes.
c. LESSOR shall grant any and all easements on the Leased Premises as may be
required by the appropriate electric, telephone, and any other utility company for the purpose of
servicing LESSEE'S Facilities. LESSOR shall allow LESSEE to install, operate, maintain,
replace and remove its facilities, and related cables, wires, conduits, antennas, air conditioning
equipment, and other appurtenances as it may from time to time require. Although such
equipment and appurtenances may become fixtures, they shall be and shall remain the property
of LESSEE, and LESSEE shall have the right to remove all of them at the expiration or
termination of this Agreement.
2. LESSOR Rights.
a. As full compensation for the rights conferred upon LESSEE in Section 1 above,
LESSEE will provide LESSOR with a 12 x 10 foot building (with air conditioning and
equipment racks) which will be placed adjacent to said Tower for the installation and operation
of LESSOR'S equipment. In addition, LESSEE shall pay the costs of connecting electric
power to LESSOR's power grid and transfer switch, but not the recurring costs thereof.
LESSEE shall arrange and pay for its own utility (electricity, air conditioning) services with
separate metering. The description and placement of LESSOR'S and LESSEE's respective
buildings is as shown in Exhibit "B."
b. In furtherance of the rights granted LESSOR in Section 2.a., LESSEE shall
allow LESSOR the same rights of access to its equipment in the building as LESSOR has
granted LESSEE for access to LESSEE'S Facilities.
3. Survey. LESSOR hereby grants to LESSEE the right to survey the Leased Premises
at LESSEE'S sole expense. Said survey, if made, shall become Exhibit "C" to this Agreement
and shall supersede Exhibit "A" to the extent required.
4. Access. Prior -to and after the Effective Date, LESSEE and its authorized agents
shall have access to the Leased Premises at such times as LESSOR and LESSEE mutually
agree for the purpose of undertaking any necessary tests, studies and inspections relating to
LESSEE'S proposed use of the Leased Premises. During the term of this. Agreement, only
qualified and adequately insured agents, contractors or persons under LESSEE'S direct
supervision and control will be permitted to climb the tower structure or to install or remove
LESSEE'S antennas and/or transmission lines from the Tower.
5. Term.
a. The term of this Agreement shall be twenty (20) years beginning on the first day
of the calendar month (hereafter the "Commencement Date") following the earlier to occur of:
(1) the issuance of all necessary building permits or (ii) the commencement of LESSEE'S
construction at the Leased Premises; provided, however, that the Term shall not commence, and
the rights and obligations set forth herein shall not accrue, unless and until the Federal
Communications Commission shall have granted LESSEE an authorization or authorizations to
operate radio facilities at the Leased Premises no later than one year from the date first stated
above, in form and substance satisfactory to LESSEE in its sole discretion. In the event this
condition is not satisfied, this Agreement shall be null and void.
b. If, at the end of twenty (20) years, this Agreement has not been terminated by either
party giving to the other written notice of an intention to terminate at least nine (9) months prior
to the end of such twenty (20) year term, and the Agreement is not then in default, LESSEE
shall have an option to continue the Agreement for a five (5) year renewal term under the same
covenants, terms, and conditions.
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c. If, at the expiration of the first five (5) year renewal term provided for in paragraph
5.b. above, the Agreement is not then in default, LESSEE shall have a second option to continue
the Agreement for a second five (5) year renewal term under the same covenants, terms, and
conditions.
d. LESSEE shall exercise its option(s) by providing written notice to LESSOR no less
than thirty (30) days prior to the expiration of the previous term.
e. Notwithstanding the foregoing provisions of this paragraph 5, if LESSEE is not in
default hereunder, LESSEE shall have the right to terminate this Agreement without further
obligation hereunder, upon thirty (30) days prior written notice. if. (1) environmental
contamination not caused by LESSEE is found on the Leased Premises or (ii) before issuance of
all necessary Governmental Approvals as defined below.
6. Contingencies.
a. . It is understood and agreed that LESSEE'S ability to use the Leased Premises is
contingent upon its obtaining, either before or after the Effective Date of this Agreement, all of
the certificates, permits, and other approvals that may be required by any federal, state or local
authorities -("Government Approvals") as well as tests, studies and for record reviews that
LESSEE, in its sole discretion, deems necessary ("Initial Tests"). LESSEE shall make due and
timely application for all such necessary Government Approvals, which LESSEE shall obtain at
its sole expense.
b. LESSOR shall cooperate with LESSEE in its effort to obtain all Government
Approvals and perform Initial Tests. LESSEE shall have the right to terminate this Agreement
immediately if (i) any application for Governmental Approval is finally rejected; (ii) LESSEE,
in its sole discretion, believes such application or obtaining any Governmental Approvals will be
too costly, time consuming or there is reasonable likelihood that said application will be rejected;
(iii) any Governmental Approval issued to LESSEE is cancelled or otherwise withdrawn or
terminated by governmental authority; or (iv) in LESSEE'S reasonable opinion the results of
any Initial Tests are unsatisfactory. Notice of said termination shall be given to LESSOR in
writing by certified mail, return receipt requested, at the address shown herein. LESSEE shall
pay LESSOR for any costs expended by LESSOR in preparing the Leased Premises for the
location of LESSEE'S equipment. Upon such termination, this Agreement shall become null
and void, and the parties shall have no further obligations, including the payment of money, to
each other.
7. LESSEE Covenants. LESSEE covenants and agrees that its respective installation,
operation and maintenance will:
a. Comply with all applicable rules and regulations of the Federal Communications
Commission ("FCC") and all electrical codes of the County and the State of Texas..
b. Not interfere with the operation of radio equipment existing at the Leased
Premises , as of the date of this Agreement. In the event there is harmful interference to said
electronic equipment, LESSEE will promptly take all steps necessary to identify the problem,
and take all reasonable steps to eliminate said harmful interference within seven (7) days after
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notice is received from LESSOR advising of the interference. If said interference cannot be
eliminated within fifteen (15) days after receipt of notice thereof, LESSEE. agrees to
immediately suspend transmissions at the Leased Premises while the interference problems are
studied and a means found to mitigate them. If said interference cannot be eliminated, LESSEE
shall remove its building and equipment from LESSOR'S property and this Agreement shall.
hereupon be terminated.
c. Not violate.any Environmental Regulations. For the purposes of this Agreement,
the term "Environmental Regulations" shall mean any law, statute, regulation, order or rule now
or hereafter promulgated by any Governmental Authority, having jurisdiction, whether local,
state or federal, relating to air pollution, water pollution, noise control and/or transporting,
storing, handling, discharge, disposal or recovery of on-site or off-site hazardous substances or
materials, as same may be amended from time to time, including without limitation the
following: (i) the Clean Air Act (42 U.S.C. § 7401 et se q.); (ii) Marine Protection, Research and
Sanctuaries Act (33 U.S.C. § 1401-1445); (iii) the Clean Water Act (33 U.S.C. § 1251 et s~Mc.);
(iv) Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste
Amendments of 1984 (42 U.S.C. § 6901 et seq.); (v) Comprehensive Environmental Response
Compensation and Liability Act, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. § 9601 et ses (vi) Toxic Substances Control Act (15
U.S.C. § 2601 et M.); (vii) the Federal Insecticide, Fungicide and Rodenticide Act as amended
(7 U.S.C. § 135 et M.); (viii) the Safe Drinking Water Act (42 U.S.C. § 300 (f) et seq.); (ix)
Occupational Health and Safety Act (29 U.S.C. § 651 et seg.); (x) the Hazardous Liquid Pipeline
Safety Act (49 U.S.C. § 2001 et seg.); (xi) the Hazardous Materials Transportation Act (49
U.S.C. § 1801 et seg.); (xii) the Noise Control Act of 1972 (42 U.S.C. § 4901 et see (xiii)
Emergency Planning and Community Right-to Know Act (42 U.S.C. 11001-11050); and (xiv)
the National Environmental Policy Act (42 U.S.C. 4321-4347).
8. LESSOR Covenants. LESSOR represents, warrants and covenants that:
a. LESSOR is seized of good and sufficient title and interest to the Leased Premises
and has full authority to enter into and perform this Agreement.
b. LESSOR shall cause any subsequent users of the Tower to coordinate with
LESSEE prior to placing any equipment on the Tower to ensure that their frequencies and
antenna locations. will be compatible with LESSEE'S and to agree to a clause similar to that
agreed to by LESSEE in Paragraph 7.b. above and promising to immediately eliminate harmful
interference if said user's radio equipment should interfere with that of LESSEE.
c: If interference is caused to LESSEE'S equipment or operations by radio or
electronic equipment placed into use by LESSOR or one of LESSOR'S tenants after the date of
this Agreement, LESSOR will promptly take all steps necessary to identify the problem, and
take all reasonable steps to eliminate, or cause elimination of, said harmful interference within
seven (7) days after notice is received from LESSEE advising of the interference. If said
interference cannot be eliminated within fifteen (15) days after receipt of notice. thereof,
LESSOR agrees to immediately suspend, or in the case of a tenant, cause suspension of, such
transmissions at the Leased Premises while the interference problems are studied and a means
found to mitigate them. If said interference cannot be eliminated, LESSOR shall remove its or,
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in the case of a tenant, cause removal of the tenant's, equipment from the Tower, such that
LESSEE'S quiet enjoyment of the Leased Premises may be restored.
d. LESSEE will enjoy undisturbed possession of the Leased Premises as provided
in Paragraph 18.
e. LESSOR represents and warrants to LESSEE that: (i) LESSOR has not
released, used, generated, manufactured, stored or disposed of on or under the Leased Premises
any hazardous substance, material, chemical or waste that is regulated by the Environmental
Regulations; (ii) LESSOR has not transported to or from the Property any flammable
explosives, "hazardous waste," or any other "hazardous substance," as those terms are defined in
applicable Environmental- Regulations; (iii) LESSOR has received no orders, notices of
violation, complaints or other similar communications of alleged or potential violations or
failures to comply with applicable Environmental Regulations issued by a governmental agency
regarding any acts or omissions upon or affecting- the Property before the Effective Date of this
Agreement; and (iv) except as disclosed by LESSOR to LESSEE and acknowledged by
LESSEE, LESSOR is not aware of the presence on the Property of any asbestos,
polychlorinated biphenyls (PCBs) or other known hazardous substances, material, chemicals or
waste (as those terms are defined under applicable Environmental Regulations), wells or
underground storage tanks other than normal household and janitorial supplies, chemicals and
consumer amounts of petroleum products.. LESSOR covenants that its installation, operation,
and maintenance from and after the date of this Agreement, will not violate any Environmental
Regulations, and that its respective agreements with other tenants include a similar covenant on
the part of said tenant(s).
9. Condemnation. If all or any part of the Leased Premises, or if all or any part of the
LESSOR'S land underlying LESSEE'S Facilities or roadway to the Leased Premises is taken
by eminent domain or other action by jurisdictions. having the legal right to take said lands, and
if said taking in the sole discretion of LESSEE renders the Leased Premises unusable for its
intended purpose, then LESSEE may terminate this Agreement at its option.
10. Indemnification.
a. LESSEE shall indemnify, hold harmless, and defend LESSOR, to the extent
provided by applicable law, against any claim of liability or loss incurred by LESSOR due to a
breach of LESSEE'S representations, warranties, or covenants obtained in this Agreement; or
against any claim of liability or loss incurred by LESSOR to the extent caused by LESSEE'S
acts or omissions at the Leased Premises (or those of its servants, agents, employees, or
contractors) that (i) are negligent or willful acts or omissions arising in connection with
LESSEE'S operations at the Leased Premises, or (ii) constitute a violation of Environmental
Regulations, it being understood that, notwithstanding anything herein to the contrary, LESSEE
shall not be liable to LESSOR or any third parties for any claims.based on property damage,
death or injury due to ice accumulating on, or falling from, the Tower or its appurtenances or
from LESSEE'S Facilities or building.
b. LESSOR shall indemnify, hold harmless, and defend LESSEE, to the extent
provided by applicable law, against any claim of liability or loss incurred by LESSEE due to a
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breach of LESSOR'S representations, warranties, or covenants contained in this Agreement; or
against any claim of liability or loss incurred by LESSEE to the extent caused by LESSOR'S
acts or omissions at the Leased Premises (or those of its servants, agents, employees, or
contractors) that are (i) negligent or willful acts or omissions (ii) any claim by a third party
based on property damage, death or injury due to ice accumulating on, or falling from, the
Tower or its appurtenances, or from LESSEE'S Facilities or building, whether due to
negligence or otherwise; or (iii) constitute a violation of Environmental Regulations.
c. The indemnities set forth above, if any, and any representations, warranties,
covenants, or agreements upon which a claim for indemnification is based shall survive the
termination of the Agreement for one-year only; provided, however, that any such applicable
indemnification shall not expire in the case of any claim for indemnification properly noticed
before the end of such one year period.
11. Insurance. _ During the term of this Agreement, LESSEE will carry commercial
general liability insurance with customary coverage and exclusions in the following amounts:
Bodily Injury $1,000,000 for injury to any one person and
$2,000,000 for all injuries sustained by more than
one person in any one occurrence.
Property Damage $100,000 for, damage as a result of any one
accident.
LESSEE may elect to self-insure. In the event LESSEE elects to self-insure, for any part of the
above, LESSEE agrees to satisfy the reasonable requirements of LESSOR'S risk manager.
LESSEE further agrees to cause said policies of insurance to reflect LESSOR as an additional
insured, to the extent permitted by applicable law.
12. Taxes. LESSOR shall pay all real estate taxes, if any, or assessments on the real
property, inclusive of the Leased Premises, and all personal property taxes, if any, levied against
the Leased Premises and any improvements thereon before the same become delinquent.
LESSEE shall pay all personal property taxes levied against its facilities and appurtenances, if
any, located upon the Leased Premises before the same become delinquent.
13. Utilities. LESSEE shall have a separate electric service meter installed for its
electric service and LESSEE agrees to pay any and all costs related to said electric service,
including those costs for LESSOR'S equipment installed in the Building.
14. Choice of Law. This Agreement and the performance thereof shall be governed,
construed and regulated by the laws of the State of Texas. Any litigation concerning this
Agreement shall be conducted exclusively in Denton County, Texas and the parties hereby agree
to the venue and personal jurisdiction of these courts.
15. Sovereign Immunity of County. This Agreement is expressly made subject to
the County's sovereign immunity, Title 5 of the Texas Civil Practice and Remedies Code
and all applicable State and Federal law. The parties expressly agree that no provision of
this Agreement is in any way intended to constitute a waiver of any immunities from suit or
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from liability that the parties or the County has by operation of law. Nothing in this
Agreement is intended to benefit any third party beneficiary.
16. Notices. All notices hereunder must be in writing and shall be deemed validly given
if sent by certified mail, postage prepaid, return receipt requested, addressed as shown below (or
to any other address that the party to be notified may have designated to the sender by like
notice):
LESSEE: Harry F. Hettinger, Jr.
Denton Municipal Electric
901 A Texas Street
Denton TX 76209
City Attorney
City of Denton, TX
215 East McKinney
Denton TX 76201
LESSOR: Joseph Gonzalez
Denton County Emergency Management Coordinator
9060 Teasley Ln.
Denton, Texas 76210-4010
17. Subordination. At LESSOR'S option, this Agreement shall be subordinate to -any
mortgage by LESSOR that from time to time may encumber all or part of the Leased Premises
or right-of-way provided; however, every such mortgage shall recognize the validity of this
Agreement in the event of a foreclosure of LESSOR'S interest and also LESSEE'S right to
remain in occupancy of and have access to the leased premises as long as LESSEE is not in
default of this Agreement. LESSEE shall execute whatever instruments may reasonably be
required to evidence this subordination clause. In the event the Leased Premises are encumbered
by a mortgage, LESSOR immediately after this Agreement is executed, will obtain and furnish
to LESSEE, a non-disturbance instrument for each such mortgage in recordable form. If
LESSOR fails to provide said non-disturbance instrument, LESSEE shall have the right to
terminate this Agreement immediately without penalty upon written notice to LESSOR.
18. Non-Disturbance.
a. Subject to the other terms of this Agreement, LESSOR covenants that LESSEE
shall, and may peacefully and quietly have, hold and enjoy, the Leased Premises for the term of
this Agreement provided that LESSEE performs all of LESSEE'S covenants and agreements
herein contained. LESSOR shall take no action that will or could adversely affect LESSEE'S
use of the Leased Premises.
b. LESSOR acknowledges that the Leased Premises have little or no value to
LESSEE if LESSEE cannot use the Leased Premises as contemplated by LESSEE, that the
Leased Premises are unique, and that LESSEE has made or will make an investment in the
Leased Premises, and therefore, LESSOR agrees that LESSEE, in addition to the remedies set
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forth in Paragraph 20, shall be entitled to injunctive relief or other equitable relief to require
compliance with all provisions of this Agreement which may interfere in any way with
LESSEE'S contemplated use of the Leased Premises, so that LESSEE may continue with such
use of the Leased Premises as fully contemplated by LESSEE.
c. Any sale or transfer or assignment by the LESSOR of all or part of the Leased
Premises or its interest in and to this Lease Agreement, shall be under and subject to this
Agreement and LESSEE'S rights hereunder, such that LESSEE'S rights hereunder shall not be
disturbed.
19. Successors; Assigns. This Agreement shall extend to and bind the parties, together
with their successors and assigns.
20. Memorandum of Lease. For the purpose of providing constructive notice hereof,
LESSOR and LESSEE hereby agree to execute a Memorandum of Lease Agreement, in
recordable form and LESSEE may have the same recorded in the land records of Denton
County, Texas.
21. Default; Termination.
a. If either party breaches a provision of this Agreement, the non-breaching party
shall provide and deliver to the other party written notice of the alleged breach. If the breaching
party has not cured the breach within thirty (30) days of the receipt of such notice (the "Cure
Period") or if the breach cannot be cured within the Cure Period, and the breaching party has not
performed substantial work to cure the breach within the Cure Period, the non-breaching party
may then give written notice of its intent to terminate this Agreement. Such termination shall
become effective ten (10) days after the breaching party's receipt of the notice of intent to
terminate letter; provided that the breaching party has not cured the breach within such
additional ten (10) day period.
b. If, at any time during the term of this Agreement, LESSEE determines, following
discussion of the subject with LESSOR, in its reasonable discretion, that due to technological
reasons, including serious signal interference, the Leased Premises is not appropriate for its
operations, then LESSEE may terminate this Agreement on thirty (30) days notice to LESSOR.
LESSEE shall also have the right to terminate this Agreement in accordance with Paragraphs
5.c., 6.b., and 9.
22. Maintenance. LESSOR shall be responsible and liable for the maintenance of
LESSOR'S Tower in compliance with any and all applicable laws, statutes, rules and
regulations, including but not limited to, those rules and regulations, promulgated by the FCC
and FAA regarding painting, marking and lighting of LESSOR'S Tower. LESSOR shall allow
LESSEE to place any sign or placard on the Leased Premises or on the facilities and
appurtenances attached thereto as required by federal, state, or local law, at no additional
expense.
23. No Representations. It is hereby mutually agreed and understood that this
Agreement contains all agreements, promises and understandings between the LESSOR and
LESSEE and that no verbal or oral agreements, promises or understandings shall or will be
binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding, and
any addition to, variation or modification of this Agreement shall be void and ineffective unless
in a writing signed by the parties hereto.
24. Miscellaneous. Paragraph captions are used herein for convenience only, and shall
not be used to construe, limit, or otherwise define the scope or intent of any provision hereof.
This Agreement may be signed in counterparts with the same effect as if the signature on each
counterpart were upon the same instrument. Time is of the essence in the performance of this
Agreement and in any action brought to enforce the performance hereof.
IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their
respective seals on the dates and year above written.
"LESSOR
COUNTY OF DENTON, TEXAS
NER,S c'•,%~~ MARY HOR6f County Judge
ATTEST: ''••~G
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By:
APPROVED AS TO LEGAL F{~VlauM
By:
DE TON COUNTY
DISTRICT ATTORNEY
"LESSEE"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
B
GEORGE C. CAMPBELL, City Manager
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ATTEST;
JENNIFER WALTERS, CITY SECRETARY
By: kr
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APP VED A.~S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared MARY
HORN, County Judge of the County of Denton, Texas, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said Commissioner's Court of the County of Denton, Texas and that she
executed the same as the act of such entity for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVE HAND AND SEAL OF OFFICE, this the day of
2009. • • S'~,ri~~
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f he Stye of Texas
'•:.9TF pF ZNotary ]M lid in 'a
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My Commission f' 1119:
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared GEORGE C.
CAMPBELL, City Manager of the City of Denton, Texas, a Texas Municipal Corporation,
known to me to be-the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the City Council of the City of Denton, Texas
and that he executed the same as the act of such corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this theL day of
lzawf`PYPUJANE E. RICHARDSON -
`O1!•. Bpi :
Notary Public, State of Texas
- My Commission Expires
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June 27, 2013
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tart' Public in and for the State of Texas
My Commission Expires: (~~p ? 7 RL1)1'-3
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