2005-018S:\Our Documents\Ordinances\05\Araendment to Driving Range Lease.doc
ORDNANCE NO. &Tff--/g/g
AN ORDINANCE APPROVING AN AMENDMENT TO A GOLF DRIVING RANGE LEASE
FOR NORTH LAKES PARK DATED DECEMBER 10, 2002 TO PROVIDE FOR THE
INSTALLATION, MAINTENANCE AND OPERATION OF A BATTING RANGE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton and Fundamentals Program, Inc. dba ONCourse USA
("Lessee") entered into that certain Golf Driving Range Lease Contract for North Lakes Park
dated December 10, 2002 (the "Existing Lease"); and
WHEREAS, the City and Lessee desire to amend the Existing Lease to provide for the
installation, maintenance and operation of a batting range at North Lakes Park substantially in
accordance with the Amendment to Golf Range Lease attached hereto and made a part hereof by
reference (the "Amendment"); and
WHEREAS, the City Council finds that the Amendment 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 Amendment is hereby approved. The City Manager or his designee is
hereby authorized to execute the Amendment on behalf of the City and to exercise the City's
rights and obligations thereunder.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~ dayof ~~j~ ,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITX~ ATTORNEY
BY: '~'~~
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AMENDMENT TO GOLF DRIVING RANGE LEASE
NORTH LAKES PARK, CITY OF DENTON
THIS AGREEMENT is made effective the/~/~day of ~[~ , 2005
(the "Effective Date") between the City of Denton, Texas fi(the "City~) and the
Fundamentals Program, Inc. dba ONCourse USA (the "Lessee").
WITNESSETH:
WHEREAS, the City and Lessee entered into that certain Golf Driving Range
Lease Contract for North Lakes Park dated December 10, 2002 (the "Existing Lease");
and
WHEREAS, the City and Lessee desire to amend and do hereby amend the
Existing Lease to provide for the installation, maintenance and operation of a batting
range at North Lakes Park (this "Amendment"); and
NOW, THEREFORE, in consideration of the premises and mutual covenants
contained herein, the parties hereby agree as follows:
The Existing Lease is hereby amended as follows:
1. Section 1 of the Existing Lease is amended by adding the following:
"The Leased Premises are hereby expanded to include that portion of the North
Lakes Park described in Exhibit "A" attached hereto and made a part hereof by reference
(the additional area is called "the "Batting Range Property"). Lessee is entitled to use the
Batting Range Property for the purpose of installing, maintaining and operating a
baseball and softball batting range as more particularly described in this Lease"
2. Section 4 of the Existing Lease is amended by adding the following:
"For use of the Batting Range Property Lessee agrees to pay to the City additional
rental payments as are particularly described in Exhibit "B" attached hereto and made a
part hereof by reference."
3. Section 7 of the Existing Agreement is amended by adding the following:
"Within 30 days after the Effective Date of this Amendment, Lessee shall cause
the commencement of construction and installation on the Batting Range Property, of
baseball and softball range facilities generally in accordance with a written site design
that shall be submitted to the City for approval prior to commencement of construction
and installation (the "Site Design"). Construction and installation will be completed on or
before April 1, 2005. Prior to commencing construction and installation Lessee shall
submit plans and specifications to the Director for approval as provided in this Section 7.
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Notwithstanding any provision to the contrary, the following shall constitute the personal
property of the Lessee ("Lessee's Property"):
a. 6 - Baseball Feed Cabinet
b. 6 - Baseball Feed Hose
c. 6 - Jugs Pitching Machines
d. 6 - Soft-Flex Baseballs (900 per station)
e. 6 - Baseball Pitching Machine Cover
f. 1 - 9' Baseball Picker
g. 1 - Golf Ball Deflector Attachment
h. 1 - Baseball Washer
i. Baseball Bats & Helmets
j. Baseball Mats & Pails
Lessee may pledge Lessee's Property as collateral for a loan. So long as Lessee is not in
default under this Lease, it may remove Lessee's Property at the expiration of the Lease
or any extension thereof. If Lessee fails to remove Lessee's Property within 30 days after
such expiration, Lessee's Property at the election of the City will become the property of
the City.
4. Sections 10 and 13 of the Existing Lease is amended to add the following:
"With regard to the Batting Range Property and operations, Lessee intends to
subcontract and/or sublease to a third party, Goin'Yard, Inc. ( the "Sublessee"). The City
approves the Sublessee so long as he complies with all terms of this Lease and that
Lessee shall remain fully responsible to the City under the Lease for the Batting Range
Property and operations."
5. Section 21 of the Existing Lease is amended to add the following:
"Lessee shall comply with all insurance requirements of this section for the
Batting Range Property and operations."
6. The Existing Lease is amended to add the following Section 27:
"27. Batting Range Operations. In addition to all other requirements of this
Lease, Lessee shall maintain the following standards of operation for the Batting Range:
a. Provide City with a schedule of planned promotions or events to help
prevent conflicts with other park activities,
b. Provide City with an operational schedule that will allow access to the
range for routine maintenance during normal park maintenance hours,
c. Seek prior approval from the Director for any sponsor advertising,
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7. All other terms and conditions of the Existing Lease not amended by this
Amendment shall remain in full force and effect. In this regard any reference to leased
premises or North Range Lakes Driving Range area, or similar language identifying the
property subject to this Lease, shall also include the Batting Range Property.
Signed as of the Effective Date set forth above.
CITY OF DENTON, TEXAS
Michael A. Conduff ft
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~j~I~ATTORNEY
BY: v'~ ~
THE FUNDAMENTALS PROGRAM, INC.
Dba O~e USA ~- .~
President
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Exhibit A Il
North L~kes Park
/'
Bonnie Brae
639
BONNIE
Proper~
/*
Recreation Center
Exhibit B
Batting Range Schedule of Payments
Addendum to Lease Agreement for 2005-21
Schedule of payments is for 9 monthly lease payments in 2005 (April to December) and
12 monthly lease payments per year from 2006-2021. Lessee also agrees to pay City of Denton
an additional 5% of monthly gross revenue collected from batting range from Aug. 1,2005 - Dec. 31,2006.
Monthly lease payment and payment of 5% of monthly gro~s for the preceding month is due to
City of Denton no later than the 5th business day of each month.
YEAR NUMBER OF PAYMENTS
2005 4
2005 5
2006 12
AMOUNT OF MONTHLY PAYMENT
$200 per month (April-July)
$200 per month plus 5% of monthly gross (Aug.-Dec.)*
$300 per month plus 5% of monthly gross*
*Total amount paid for batting range is not to exceed the scheduled lease payment for the driving
range.
Payment would be driving range payment + barfing range payment = new lease payment.
Should the Lease be renewed and extended in accordance with section 2 of the Existing Lease
the lease payments for the Barfing Range Property will renegotiated at that time.
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