2005-352ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING A LEASE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND JOHN ERIC SCHMITZ FOR THE LEASE
OF A PORTION OF STREET RIGHT-OF-WAY FOR THE CONSTRUCTION, OCCUPANCY
AND MAINTENANCE OF A PORCH AREA IN CONJUNCTION WITH A BUSINESS
LOCATED AT THE NORTHEAST CORNER OF WALNUT AND CEDAR STREETS, WHICH
IS COMMONLY KNOWN AS 209 W. HICKORY, DENTON, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, John Eric Schmitz (the "Owner") is the owner of the west one-half of Lot 1,
Block 2 of the Original Town of Denton, being at the northeast corner of Walnut and Hickory
Streets, and commonly known as 209 W. Hickory, Denton, Texas (the "Owner's Property"); and
WHEREAS, the Owner has requested the lease of adjacent street right-of-way for the purpose
of constructing, occupying and maintaining a porch area in conjunction with a business on Owner's
Property; and
WHEREAS, the City Council has been presented with a proposed lease agreement between
the City of Denton and the Owner, a copy of which is attached hereto and made a part hereof as
Exhibit "A" (the "Agreement"); and
WHEREAS, the City Council hereby finds that the Agreement will promote economic
development, enhance Denton's downtown development, and is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference
SECTION 2. The Agreement is hereby approved. The City Manager, or his designee is
hereby authorized to execute the Agreement on behalf of the City and to carry out the City's rights
and duties under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 15 7~-h day of 2005.
EULINE BROCK, MAYOR
S10ur Documents\Ordinances\05\Schmitz Lease Ordinance.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO D AS TO LEGAL FORM:
EDWIN M. SNYDER_CITY ATTORNEY
BY:
Page 2
LEASE OF CITY PROPERTY
This Lease Agreement is made and executed to be effective this , ay of
2005 (the "Effective Date") at Denton, Texas, by and between the
City f Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor" or
"City", and John Eric Schmitz, hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessee is the owner of certain real property located at the northeast
corner of Walnut and Cedar streets in the City of Denton, Denton County, Texas,
commonly known as 209 W. Hickory Street which is the west one-half of Lot 1, Block 2 of
the Original Town of Denton and being more particularly described in Attachment "A"
attached hereto and made a part hereof by reference ("Lessee's Property"); and
WHEREAS, Lessee has requested that it be allowed to lease a portion of the street
right-of-way adjacent to Lessee's Property in order to construct, occupy and maintain a
porch area in conjunction with the operation of a restaurant on Lessee's Property; and
NOW, THEREFORE, for and in consideration of the promises and the mutual
covenants contained in this Agreement, the parties agree as follows:
1. LEASED PREMISES
Lessor, for and in consideration of the covenants and agreements herein contained, to
be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby lease
from Lessor, for the lease term described in Article II, the following described land situated
in Denton County, Texas:
A. Land. A tract of land, being approximately 1,234 square feet, drawn and outlined
on the site plan (the "Site Plan") attached hereto and made a part hereof by reference as
Attachment "B attached hereto and made a part hereof by reference (the "Leased
Premises"). On or before 30 days after the Effective Date, Lessee at its own expense shall
deliver to Lessor a survey and metes and bounds description of the Leased Premises which
will be attached hereto and made a part hereof as Attachment "C". Should Lessee fail to
deliver the survey and metes and bounds description within said time period, the Lessor at
its option may extend the time period for compliance or terminate this Lease Agreement
rendering it null and void and of no further force and effect.
B. IMPROVEMENTS PROVIDMtBY LESSOR: NONE: There will be no
improvements provided by Lessor.
C.. IMPROVEMENTS PROVIDED BY LESSEE On the Leased Premises, Lessee
shall construct a porch (the "Porch"), and other improvements as shown on the Site Plan the
Improvements. The Improvements are also illustrated on Attachment "D" attached hereto
and made a part hereof by reference. In addition, Lessee shall construct a city sidewalk and
install landscape improvements within the city right-of-way outside of the Leased Premises
Page 1
as shown on the Site Plan ("City Improvements") . The Improvements and City
Improvements shall be commenced no later than 180 days after the Effective Date as
evidenced by the issuance of a building permit (the "Commencement Deadline") and
completed no later than 720 days after the Effective Date as evidenced by the issuance of a
certificate of occupancy for the porch structure and acceptance by the Lessor of the sidewalk
(the "Construction Deadline"). The City Improvements shall become the Lessor's
improvements upon completion and acceptance by the City.
Notwithstanding anything contained in this Lease Agreement to the contrary, a
failure to meet the Commencement Deadline or the Construction Deadline may, at the
sole option and discretion of the Lessor, result in the immediate termination and
cancellation of this Lease Agreement upon 30 days written notice of cancellation to
Lessee. In such case Lessee's rights under the Lease Agreement will immediately
cease and be forfeited, and the Porch shall be removed from the Leased Premises at
the sole expense of Lessee. If Lessee fails to remove the Porch within 90 days after
termination, then the Lessor may do so at the expense of the Lessee. Lessee shall pay
Lessor such costs of removal and restoration within 30 days after receipt of an invoice
from the Lessor. If the invoice is not paid within said time period a lien is hereby
established against Lessee's Property to secure payment. In such case Lessor is
authorized to rile an affidavit in the Denton County Real Property Records against
Lessee's Property to evidence the lien.
D. APPROVAL, OF CONSTRI IC1I0N PLANS. Prior to commencing construction
of the Improvements Lessee shall submit to Lessor construction plans for review and
approval to make certain that the construction plans are in conformity with the Site Plan.
This review is in addition to any review required by the Building Official for issuance of a
building permit and to insure compliance with City Codes. No later than 60 days after the
completion of the Improvements Lessee shall deliver to Lessor as-built construction plans
of the Improvements in a form acceptable to Lessor (the "As-Built Plans").
E. SIDEWALK The sidewalk shown on the Site Plan will be reviewed and
approved by the City Engineer and will be accepted by the City as a public side walk upon
completion. The Site Plan shows the side walk as 5 feet in width. The City Development
Code requires an 8 foot wide sidewalk. Because of the physical constraints at this location
Lessor's staff will support a variance before,the Planning and Zoning Commission.
F. SAFETY MFASI IRFS DIJRINC' CONSTRIJCTION. Lessee shall be
responsible for providing all safety measures during construction such as barricades to
insure that motorists and pedestrians are adequately protected from the construction
activities.
G. T.EASEHCIT,D CC)NNFCTFTD TO T FSSFF' PRCIPFRTY. This leasehold
shall not be severable from the ownership interests of Lessee's Property and the covenants,
terms and conditions under this Agreement shall be binding upon and inure to the benefit of
the owners and subsequent owners of Lessee's Property.
Page 2
The term of this Lease Agreement shall be for a period of 30 years, commencing on
the 1st day of December, 2005 and continuing through the 30th day of November, 2040,
unless earlier terminated under the provisions of the Lease Agreement (the "Lease Term").
Lessee has the option to renew for 2 additional 10 year terms by giving at least 180 day
advance notice before the end of the Lease Term or the first 10 year option period, as the
case may be. The rental and terms to be negotiated shall be reasonable and consistent with
the then value, rentals and terms of similar property in downtown Denton.
III. PAYMENTS RENTALS AND FFFS
Lessee covenants and agrees to pay Lessor, as consideration for this Lease
Agreement, the following payments, rentals and fees:
A. LAhlD RENTAL shall be due and payable in the sum o£$ 11.00 per square foot or
$1,364 per year (the "Original Rent"), payable annually in advance, with the first payment
on the Effective Date and each subsequent payment on the same day of each year during the
term of this Lease Agreement. The first payment is based on the estimated square footage
of the Leased Premises shown on Attachment "A". After the survey is completed and
attached hereto as Attachment "B" the rent will be adjusted based on the actual square
footage shown on the survey retroactively to the first lease payment.
B. PAYMENT PFNA I TY A DIT ISTMFNTS. All payments due Lessor from Lessee
shall be made to Lessor at the offices of the Director of Economic Development as provided
in XII.D below, unless otherwise designated in writing by the Lessor. If a payment is not
received on or before the 15'h day after the due date, a five percent (5%) penalty will be due
as of the 16th day. An additional penalty of one percent (1%) of the unpaid rental amount
will be due for each 30 day period thereafter that the payment is delinquent until the unpaid
rental payment is made. The Original Rent for the Leased Premises shall be readjusted at
the end of every other one year period during the Lease Term beginning December 8, 2008
on the basis of the then current United States Consumer Price Index for all urban consumers
(CPI-U) for the Dallas-Fort Worth Bureau of Labor Statistics.
The adjustments in the yearly rent shall be determined by multiplying the Original
Rent by a fraction, the numerator of which is the index number for the last month prior to
the adjustment, and the denominator of which is the index number applicable at the
execution of this Lease Agreement. If the product of this multiplication is greater than
the Original Rent, Lessee shall pay this greater amount as the yearly rent until the time of
the next rental adjustment as called for in this section. If the product of this multiplication
is less than the Original Rent there shall be no adjustment in the annual rent at that time,
and Lessee shall pay the previous year's annual rent until the time of the next rental
adjustment as called for in this section. hi no event shall any rental adjustment called for
in this section result in an annual rent less than the previous year's annual rent. The
adjustment shall be limited so that the annual rental payment determined for any given
two-year period shall not exceed the annual rental payment calculated for the previous
CPI adjustment by more than twenty percent (20%) percent.
Page 3
If the consumer price index for all. urban consumers (CPI-U) for the Dallas-Fort
Worth geographical region, as compiled by, the U.S. Department of Labor, Bureau of Labor
Statistics, is discontinued during the Lease Term, the remaining rental adjustments called
for in this section shall be made using the formula set forth above, but by substituting the
index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For
All Items For All Urban Consumers (C:PI-U) for the index numbers for the CPI-U
applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-
Fort Worth geographical region and the U.S. City Average are discontinued during the
Lease Term, the remaining rental adjustments called for in this section shall be made using
the statistics of the Bureau of Labor Statistics of the United States Department of Labor that
are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical
region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to
exist or ceases to publish statistics concerning the purchasing power of the consumer dollar
during the Lease Term, the remaining rental adjustments called for in this section shall be
made using the most nearly comparable statistics published by a recognized financial
authority selected by Lessor.
Should any taxes be levied against the Leased Premises or the Improvements.
payment of such taxes shall be the responsibility of the Lessee.
W. RIC'HTS AND ORI IGATK)NS OF I FSSFF
A. 1 ISF. OF LEASED PRFMISFS. Lessee's use of the Leased Premises is limited
solely to the construction, maintenance and use of the Improvements shown on the Site Plan
and As-Built Plans in conjunction with Lessee's Property, unless Lessor gives its advance
written approval to the contrary.
B. STANDARDS Lessee shall meet or exceed the following standards:
L Address Lessee shall file with the City Manager, or his designee and keep
current its mailing addresses, telephone numbers and contacts where it can be
reached in an emergency.
2. LisL Lessee shall file with the,City Manager, or his designee and keep current
a list of its tenants and sublessees.
3. Conduct. Lessee shall contractually require its employees and sublessees (and
sublessee's invitees) to abide by the terms of this Lease Agreement. Lessee
shall promptly enforce its contractual rights in the event of a default of such
covenants.
4. Idtilities Taxes and Fees Lessee shall meet all expenses and payments in
connection with the use of the Leased Premises and the rights and privileges
herein granted, including the timely payment of utilities, taxes, permit fees,
license fees and assessments lawfully levied or assessed.
Page 4
5. Laws. Lessee shall comply with all current and future federal, state and local
laws, rules and regulations which may apply to the conduct of business
contemplated, including rules, regulations and ordinances promulgated by
Lessor, and Lessee shall keep in effect and post in a prominent place all
necessary and/or required licenses or permits.
6. Maintenance of f Lased Premises. Lessee shall be responsible for the
maintenance, repair and upkeep of the Improvements, including the mowing
and maintenance of grass, other vegetation and landscaping on the Leased
Premises, and shall keep the Leased Premises neat, clean and in respectable
condition, free from any objectional matter or thing, including trash or debris.
7. T Tnauthnrized us oft aced Premises. Lessee may not use any of the Leased
Premises for any use not authorized herein unless Lessor gives Lessee prior
written approval of such additional use.
8. Quit Possession. Lessee shall quit possession of the Leased Premises at the end
of the Lease Term or any renewal or extension thereof, or upon cancellation or
termination of the Lease Agreement, and deliver up the Lease Premises to
Lessor with the Porch being removed.
9. Tndemnit . Lessee shall indemnify, hold harmless and defend the Lessor, its
officers, agents and employees, from and against liability for any and all
claims, liens, suits, demands and/or actions for damages, injuries to persons
(including death), property damage, (including loss of use), and expenses,
including court costs, attorneys' fees and other reasonable costs, occasioned
by or incidental to the Lessee's occupancy or use of the Leased Premises or
activities conducted in connection with or incidental to this Lease Agreement,
including all such causes of action based on common, constitutional or
statutory law, or based in whole or in part upon the negligent or intentional
acts or omissions of Lessee, its officers, agents employees, invitees or other
persons. Lessee shall at all times exercise reasonable precautions on behalf
of, and be solely responsible for, the safety of its officers, employees, agents,
customers, visitors, invitees, licensees and other persons, as well as their
property, while in, on, or involved in any way with the use of the Leased
Premises. The Lessor is not liable or responsible for the negligence or
intentional acts or omissions of the Lessee, its officers, agents, employees,
agents, customers, visitors and other persons. The Lessor shall assume no
responsibility or liability for harm, injury, or any damaging events which are
directly or indirectly attributable to premise defects, whether real or alleged,
which may now exist or which may hereafter arise upon the Leased Premises,
responsibility for all such defects being expressly assumed by the Lessee.
The Lessee agrees that this indemnity provision applies to all claims, suits,
demands, and actions arising from all premise defects or conditions.
THE LESSOR AN THE LESSEE FXPRFccr Y TNTFND THTS
IISMEMNTTY PROVISION TO REQUIRE T FSSFE T i, iNDER ISTLE
AND PROTECT THE LESSOR FROM THE CONSEQ1LENCFS OF TT,F
Page 5
C.SIGNS. No signs, posters, or other similar devices ("Signage") shall be placed on
the exterior of the Improvements or on any portion of the Leased Premises without the prior
written approval of Lessor. Lessee, at its sole expense, shall be responsible for the creation,
installation and maintenance of all such Signage. Lessee shall pay to Lessor any and all
damages, injuries, or repairs resulting from the installation, maintenance or repair of any
such Signage. Any Signage placed on the Leased Premises shall be maintained at all times
in a safe, neat, sightly and good physical condition. All Signage shall be removed from the
Leased Premises by Lessee immediately upon receipt of instructions for removal of same
from Lessor, including without limitation, upon expiration or termination of this Lease
Agreement. If Lessee fails to remove the Signage then Lessor may do so at the sole cost and
expense of Lessee. If Lessee fails to remove the Signage within 90 days after termination,
then the Lessor may do so at the expense of the Lessee. Lessee shall pay Lessor such costs
of removal within 30 days after receipt of an invoice from the Lessor. If the invoice is not
paid within said time period a lien is hereby established against Lessee's Property to secure
payment. In such case Lessor is authorized to file an affidavit in the Denton County Real
Property Records against Lessee's Property to evidence the lien.
D. ENTRY. Lessor and its designees shall have the right to enter the Leased
Premises upon reasonable advance notice (.written or oral) and at any reasonable times for
the purposes of inspecting the Leased Premises, and performing any work, which Lessor
elects to perform under this Lease Agreement. Nothing in this section shall imply any
duty upon Lessor to do any work, which under any other provision of this Lease
Agreement Lessee is required to perform, and any performance by Lessor shall not
constitute a waiver of Lessee's default.
V. MYENANTS BY I FSgOR
Lessor hereby agrees as follows:
12EACEFT 1T ENJOYMENT. Upon payment of all rent, fees, and performance of the
covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall
peaceably hold and enjoy the Leased Premises and all rights and privileges herein granted.
Notwithstanding the forgoing, the parties understand that the Leased Premises constitute
street right-of-way. In that regard, Lessor shall not be liable to Lessee in the event a court of
competent jurisdiction enjoins Lessee from using the Leased Premises under this Lease
Agreement. In such case Lessee's sole remedy will be termination of the Lease Agreement.
Page 6
VI. TM12EOVFMFNTS
Except as otherwise provided in this Lease Agreement, the Improvements constructed
upon the Leased Premises by Lessee, except for the sidewalk, shall remain the property of
Lessee during the Lease Tenn, or any extension thereof, subject to the following conditions,
terns and provisions: No Improvments may be removed from the Leased Premises,
without the written approval of Lessor. The Porch shall be removed from the Leased
Premises at Lessee's sole cost at the end of the Lease Term, or any extension thereof or
upon termination of this Lease Agreement.
VII. STIRROGAT16N OE MORTCACFF
Any person, corporation or institution that lends money to Lessee for construction
of the Improvements and retains a security interest Improvements shall, upon default of
Lessee's obligations to said mortgagee, have the right to enter upon the Leased Premises
and operate or maintain the Improvement according to the terms of this Lease Agreement,
for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid
in full, whichever comes first, but in no event longer than the Lease Term, or any
extension thereof. It is expressly understood and agreed that the right of the mortgagee
referred to herein is limited and restricted ,to those Improvements constructed with funds
borrowed from mortgagee, those Improveiiments purchased with the borrowed funds, and
those Improvements pledged to secure the refinancing of the Improvements, and does not
include the sidewalk or other public improvements constructed by Lessee.
VIII. ASSIGNMENT OF I FASF
Lessee expressly covenants that it will not assign this Lease Agreement in whole or in
part without the written consent of Lessor, which consent will not be unreasonably
withheld.
IX. INSI TR ANCF
A. REQUIRED MSIMANCF: Lessee shall maintain continuously in effect at all
times during the Lease Term or any extension thereof, at Lessee's sole expense, the
following minimum insurance coverages:
I. Comprehensive Commercial (Public) General Liability covering the Lessee and its
company, its employees, agents, tenants, customers, invitees and independent
contractors. Coverage shall be in an amount not less than $1,000,000 per
occurrence and provide coverage for premises/operations, products/completed
operations and contractual liability..
2. All risk property insurance on a replacement cost basis covering loss or damage to
the Improvements. Under no circumstances shall the Lessor be liable for any
damages to fixtures, merchandise or other personal property of the Lessee or its
tenants, including the Improvements.
Page 7
B. MYERAGE REQLITRFMENT4: All insurance coverages shall comply with the
following requirements:
1. All liability policies shall name the City of Denton, and its officers and employees
as additional named insureds and provide for a minimum of 30 days written notice
to the City of any cancellation or material change to the policy.
2. All insurance required by this Lease Agreement must be issued by a company or
companies of sound and adequate financial responsibility and authorized to do
business in the State of Texas. All policies are subject to the examination and
approval of the City's office of Risk Management for their adequacy as to content,
form of protection and providing company.
3. Required insurance naming the City as an additional insured must be primary
insurance and not contributing with any other insurance available to the City
whether from a third party liability policy or other. Said limits of insurance shall in
no way limit the liability of the Lessee hereunder.
4. The Lessor shall be provided with a copy of all such policies and renewal
certificates. Failure of Lessee to comply with the minimum specified amounts or
types of insurance as required by Lessor shall constitute Lessee's default of this
Lease Agreement.
5. During the Lease Term, or any extension thereof, Lessor herein reserves the right
to adjust or increase the liability insurance amounts required of the Lessee, and to
require any additional rider, provisions, or certificates of insurance, and Lessee
hereby agrees to provide any such, insurance requirements as may be required by
Lessor.
X. CANCELLATION RY I FSsog
In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in
bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt
pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets
pursuant to proceedings brought under the provisions of any Federal reorganization act, or
Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to
perform, keep and observe any of the terms, covenants, or conditions herein contained, or
on its part to be performed, the Lessor may give Lessee written notice to correct such
condition or cure such default and, if any condition or default shall continue for thirty (30)
days after the receipt of such notice by Lessee, then Lessor may terminate this Lease
Agreement by written notice to Lessee.
XI. CANCEL i ATION RY I F44FF
Lessee may cancel this Lease Agreement, in whole or part, and terminate all or any of
its obligations hereunder at any time, by thirty (30) days written notice, upon or after the
Page 8
happening of anyone of the following events: (1) issuance by any court of competent juris-
diction of a permanent injunction in preventing or restraining its use of the Leased Premises
or any part thereof for authorized purposes; or (2) the breach by Lessor of any of the
covenants or agreements contained herein and the failure of Lessor to remedy such breach
for a period of ninety (90) days after receipt of a written notice of the existence of such
breach.
Upon the happening of any of the events listed in the preceding paragraph, such that
the Leased Premises, then the Lessee may cancel this Lease Agreement as aforesaid.
XII. MISCEJ I ANFOITS PROVISIONS
A. ENTIRE AGREEMENT. This Lease Agreement constitutes the entire
understanding between the parties and as of its Effective Date supersedes all prior or
independent Agreements between the parties covering the subject matter hereof. Any
change or modification hereof shall be in writing signed by both parties.
B. BINDING EFFECT. All covenants, stipulations and agreements herein shall
extend to, bind and inure to the benefit of the legal representatives, successors and assigns
of the respective parties hereto.
C. SEVER ABII TTY, If a provision hereof shall be finally declared void or illegal by
any court or administrative agency having jurisdiction, the entire Lease Agreement shall not
be void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
D. NOTICE. Any notice given by one party to the other in connection with this
Lease Agreement shall be in writing and shall be sent by certified mail, return receipt
requested, with postage fees prepaid or via facsimile as follows:
1. If to Lessor, addressed to:
Linda Ratliff
Director of Economic Development
City of Denton
101 South Locust, Suite 500
Denton, Texas 76201
Fax No. 940.349.8518
2. If to Lessee, addressed to:
John Eric Schmitz
P.O. Box 729
Argyle, Texas 76226
Fax No. 940-382-9932
Page 9
E. HEADINGS. The headings used in this Lease Agreement are intended for
convenience of reference only and do not define or limit the scope or meaning of any
provision of this Agreement.
F. GOVERNING T A W AND VFNI IF. This Lease Agreement is to be construed in
accordance with the laws of the State of Texas and is fully performable in Denton County,
Texas. Exclusive venue for any lawsuit to enforce the terms or conditions of this Lease
Agreement shall be a court of competent jurisdiction in Denton County, Texas.
G. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of
covenant or term of this Lease Agreement; may be treated as a waiver of any subsequent
default or breach of the same or any other covenant or term of this Lease Agreement.
H. NO AGENCY. During all times that this Lease Agreement is in effect, the parties
agree that Lessee is and shall not be deemed an agent or employee of the Lessor.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the
Effective Date first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
CITY OF DENTON, TEXAS
c~
BY
MICHAEL A. CONDLTFF, CIT M AGER
Page 10
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the &Way of v 46Mkt2~2005
by Michael A. Conduff, City Manager of the City of Denton, Tex sex s, on said
municipality.
JANE E. RICHARDSON
Notary Public, State of Texas
My Commission Expires
n wE;;,`,c` June 27, 2009
THE STATE OF TEXAS §
COUNTY OF DENTON §
/,rh~ / 7il/,/~
N TARY PUBLIC, STATE OF TEXAS
This instrument was acknowledged before me on the -5~ay of nth PX2005 by
John Eric Schmitz.
y+' CHRISTINE A. :DIoCgK
Tex.^ Cwnm. Fib. 32J~. Nl r-
State o Tu
NOTARY PUBLIC, STATE OF TEXAS
Page I1
Attachment A
ALL that certain lot, parcel, or tract of land situated in the W. NEILL SURVEY, ABSTRACT NUMBER 971, City of
Denton, Denton County, Texas, and being the West one-half of Lot 1, Block 2 of the Original Town of Denton,
Texas, and being more particularly described as follows:
BEGINNING at a building corner found at the intersection of the South line of an asphalt road under apparent
public use posed as Hickory Street and the East line of an asphalt road under apparent public posted as Cedar
Street, for the Northwest corner of the herein described tract;
THENCE North 89 degrees 55 minutes 28 seconds East with the South line of said Hickory street a distance of
30.01 feet to a building corner found for the Northeast corner of the herein described tract;
THENCE South 00 degrees 02 minutes 33 seconds East with the West line of the East one-half of said Lot 1 a
distance of 120.18 feet to a building corner found for Southeast corner of the herein described tract;
THENCE South 89 degrees 47 minutes 34 seconds West with the North line of an asphalt road under apparent
public use posed as Walnut Street a distance of 30.09 feet to a building corner found for the Southwest corner of
the herein described tract;
THENCE NORTH with the East line of said Cedar Street a distance of 120.25 feet to the POINT OF BEGINNING
and enclosing 0.08 acres of land, more or less.
Attachment B
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Attachment C
On or before 30 days after the Effective Date, Lessee shall deliver to Lessor a survey and
metes and bounds description of the Leased Premises which will be attached hereto as
Attachment "C".
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'PK' set
'PK' set
N 45'16'08" WJ Nk~L
21,16' 'PK' set
S 89'36'06" W,
W 17.50'
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Attachment C
Lease Tract
0.027 Acres
in the
William Neil Survey, Abstract No. 971
City of Denton
Denton County, Texas
existing building
P.O.B.
Bustling Corner
jcu.> N 89'36'06" E
`10.00'
set
j '\_S 00'0'6'23" E
'PK' set 16.50'
WALNUT STREET
ARTHUR SURVEMG
Registered Professional Land Surveyors
P.O.Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
c: \atr of uemmn 2005\ceear ",,n t a.q smt cite, cote iccise.e.q 12/2e/200b 11: C•: 59 AM C51 I "t'L V /
rthur Surveying Co., Inc.
Professional Land Surveyors
P.O. nos 54 - Lcwiwillc. T,,.n 75(X7
Attachment C
0.027 Acres
William Neil Survey, Abstract No. 971
City of Denton
Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the William Neil Survey, Abstract No. 971,
City of Denton, Denton County, Texas, and being a tract of land which lies within the apparent right-of -
ways of Cedar Street and Walnut Street, and being more particularly described as follows:
BEGINNING at the southwest building comer located at the intersection of the apparent north line of said
Walnut Street and the apparent east line of said Cedar Street, said point being the southwest comer of that
certain tract of land described in deed to John Eric Schmitz, recorded under Instrument No. 2004-79057 of
the Real Property Records of Denton County, Texas;
THENCE North 89 degrees 36 minutes 06 seconds East, with the south wall of a building, being the south
line of said Smchmitz tract, a distance of 10.00 feet to a point on or in said wall being witnessed by an "X"
set in concrete South 00 degrees 08 minutes 23 seconds East, a distance of 1.00 feet;
THENCE South 00 degrees 08 minutes 23 seconds East, and passing said "X" set in concrete at a distance
of 1.00 feet and continuing along said course a total distance of 16.50 feet to a "PK" nail set in the asphalt
paving of Walnut Street;
THENCE South 89 degrees 36 minutes 06 seconds West, 16.50 feet south of and parallel to the south line
of said Smchmitz tract, a distance of 17.50 feet to a "PK" nail set in the asphalt paving of Walnut Street;
THENCE North 45 degrees 16 minutes 08 seconds West, a distance of 21.16 feet to a "PK" nail set in the
asphalt paving of Cedar Street;
THENCE North 00 degrees 08 minutes 23 seconds West, 22.50 feet from a parallel to the west line of said
Smchmitz tract, a distance of 23.90 feet to a "PK" nail set in the asphalt paving of Cedar Street;
THENCE North 44 degrees 36 minutes 06 seconds East, a distance of 31.96 feet to point on or in the west
wall of said building, being the west line of said Schmitz tract, said point being witnessed by an "X" set in
concrete South 44 degrees 36 minutes 06 seconds West, a distance of 1.00 feet, thereof,
THENCE South 00 degrees 08 minutes 23 seconds East, with the west wall of said building, being the
west line of said Schmitz tract, a distance of 45.00 feet to the POINT OF BEGINNING and containing
0.027 acres of land, more or less, and being subject to any and all easement that may affect.
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