2001-299 O ANCENO X001- 44
AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF
DENTON AND YMCA OF METROPOLITAN DALLAS, WHEREBY THE CITY IS
LEASING THE YMCA FACILITY AT 1117 RINEY ROAD, BEING LOT 1, BLOCK 1,
YMCA ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY,
TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The C~ty Manager, or his designee, is hereby authorized to execute a Lease
Agreement between the C~ty of Denton and the YMCA of Metropolitan Dallas in substantially
the form of the Lease Agreement which ~s attached to and made a part of this ordinance for all
purposes
SECTION 2 The C~ty Manager, or his designee, is authorized to make the expenditures
as set forth m the attached Lease Agreement
SECTION 3 Th~s ordinance shall become effective immediately upon ~ts passage and
approval
PASSED AND APPROVED th~s the ('~/~'~'~ dayof ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~;~; A~ TO ~2;AL F~-~-
HERBERT L PROUTY, CITY ATTORNEY
LEASE AGREEMENT
Date September 1, 2001
Landlord YMCA of Metropolitan Dallas
Landlord's Address: 601 N Akard Street
Dallas, TX 75201-3303
Tenant City of Denton
Tenant's Address: 215 E MeKmney Street
Denton, TX 76201
Premises YMCA Property
1117 Rmey Road
Denton, Texas
Property Description.
362,728 Square Feet (8 3271 Acres), ~rregtflar m shape, with a
one-story, masonry bmldlng consisting of approximately 3,500
Square Feet of gross braiding area This faclhty also contains an
outdoor swimming pool, a playground area, athletic fields, and
paved parking areas The Property is located at 1117 Rmey Road
and is described as Lot 1, Block 1, YMCA Addltmn, an addition to
the City of Denton, Denton County, Texas
Rent $1 00 per month
Term' 4 Months
Commencement Date' September 1, 2001
Termination Date: December 31, 2001 or date of closing of Tenant's purchase of the
Property, whmhever occurs first
Use Parks & Recreation Department offices, programs, and
maintenance operations Pohce Department neighborhood COPS
office Other mtm~c~pal office uses
"Landlord" means Landlord and ~ts agents, employees, ~nv~tees, hcensees, or ws~tors
"Tenant" means Tenant and ~ts agents, employees, ~nvltees, hcensees, or visitors
"Essentml Services" means heating, ventilating, mr cond~tlomng, water, and uUhty
connections reasonably necessary for occupancy of the prennses for the use stated above
LEASE CLAUSES AND COVENANTS
1) Tenant Agrees to:
a Lease the premises for the entire term beginning on the commencement date and
ending on the termination date
b Accept the premises ~n their present condition "as is," the premises being
currently suitable for Tenant's intended use
c Obey all laws, ordinances, orders, and rules and regulations apphcable to the use,
condmon, and occupancy of the premises, including the rules and regulations of
the building adopted by Landlord
d Pay monthly, in advance, on the first day of the month, the base rent to Landlord
at Landlord's address
e Pay for all utility services used by Tenant
f Pay Tenant's pro rata share of any utility services provided by Landlord
g Allow Landlord to enter the premises to perform Landlord's obhgatlons, inspect
the premises, and show the premises to prospective purchasers or tenants
h Repair, replace, and mtuntam any part of the premises that Landlord is not
obhgated to repmr, replace, or mtuntam, normal wear excepted
Repmr any damage to the premises caused by Tenant
j Submit in writing to Landlord any request for repairs, replacement, and
maintenance that are the obligations of Landlord
k Indemnify, defend, and hold Landlord harmless from any loss, attorney's fees,
expenses, or claims arising out of use of the premises
2) Tenant agrees not to'
a Use the premises for any purpose other than that stated In the basic lease terms
and definitions
2
b Create a nmsance, permit any waste, or use the premises ~n any way that is extra
hazardous, would increase ~nsurance premmms, or would vmd ~nsurance on the
braiding
c Allow a hen to be placed on the premises
d Alter the premmes
e Assign th~s lease or sublease any portmn of the premises w~thout Landlord's
written consent
3) Landlord agrees to'
a Lease to Tenant the premises for the entire term beg~rm~ng on the commencement
date and ending on the termination date
b Obey all laws, ordinances, orders, and rules and regulatmns applicable to the use,
condition, and occupancy of the building prowded that comphance of the
Premises vath apphcable codes, ordinances, rules, and regulatmns shall be the
sole respons~bthty of the Tenant
c Prowde normal utthty service connections to the building as currently ~nstalled
d Insure the bmld~ng against all risks of direct physical loss ~n an amount equal to at
least 90 percent of the full replacement cost of the bmld~ng as of the date of the
loss and hab~hty
4) Landlord agrees not to:
a Interfere w~th Tenant's possession of the promises as long as Tenant ~s not ~n
default
5) Landlord and Tenant agree to the Following'
a Alterations Any physmal additions or improvements to the premises made by
Tenant will become the property of Landlord
b Casualty/Total or Partml Destruction If at any t~me dunng the Lease Term any
parts of the Premises are damaged by a fire or other casualty, Tenant shall notify
Landlord ("Tenant's Notme") w~th~n five (5) days after such damage If such fire
or other casualty in Tenant's sole and absolute d~scret~on, would prevent or
materially ~nterfere w~th Tenant's use of the Premises, Tenant shall have the right
to terminate th~s Lease upon written notme to Landlord w~thln twenty (20) days
after the occurrence of the casualty If such fire or other casualty would ~n
Landlord's sole and absolute d~scretmn materially ~nterfere w~th or tmpmr
Landlord's ownership or operation of the Bmld~ng, then Landlord may, upon
written notme to Tenant w~th~n twenty (20) days after Landlord receives Tenant's
Notme, terminate th~s Lease
Default by Landlord/Events Defaults by Landlord are fmhng to comply w~th
any prows~on of th~s lease within thirty days after wmten notme
Default by Landlord/Tenant's Remedies Tenant's remedies for Landlord's
default are to sue for damages, and ff Landlord does not provide an essential
serwce for thirty days after default, terminate th~s lease
Default by Tenant/Events Defaults by Tenant are falhng to pay t~mely rent,
abandomng or vacating a substantml portmn of the premises or fmhng to comply
w~thm ten days after written not,ce w~th any prows~on of th~s lease other than the
defaults set forth above
Default by Tenant/Landlord's Reme&es Landlords remedies for Tenant's default
are to enter and take possession of the premises, after whmh Landlord may relet
the premises on behalf of Tenant and receive the rent d~rectly by reason of the
relett~ng, and Tenant agrees to reimburse Landlord for any expenditures made in
order to relet, enter the premises and perform Tenant's obhgat~ons, or terminate
th~s lease by written nottce and sue for damages Landlord may enter and take
possession of the premises by self-help, by p~ck~ng or changing locks ~f necessary,
and may lock out Tenant or any other person who may be occupying the
premises, tmtd the default ~s cured, w~thout being hable for damages
Default/Walver/M~t~gat~on It ~s not a wmver of default ff the non-defaulttng
party fmls to declare ~mmedmtely a default or delays ~n taking any action Pursmt
of any remedies set forth in th~s lease does not preclude pursmt of other remedies
~n th~s lease or prowded by law Landlord and Tenant have a duty to m~t~gate
damages
Holdover If Tenant does not vacate the premises following termination of th~s
lease, Tenant shall be a tenant at wdl and shall vacate the premises on receipt of
not,ce from Landlord No holding over by Tenant, whether w~th or w~thout the
consent of Landlord, wall extend the term
Alternative D~spute Resolution Landlord and Tenant shall submit ~n good froth
to mediation before fihng a suit for damages
Attorney's Fees If e~ther party retmns an attorney to enforce th~s lease, the
prevmhng party ~s entitled to recover reasonable attorney's fees
Venue Venue is in Denton County, Texas
Entire Agreement Th~s lease, together w~th the attached exhibits and riders, is
the entire agreement of the part,es, and there are no oral representations,
warranties, agreements, or promises pertmnmg to th~s lease or to the expressly
mentioned exhibits and riders not incorporated m writing in this lease
m Amendment of Lease This lease may be amended only by an instrument m
wntmg signed by Landlord and Tenant
n Limitation of Warranties There are no implied warranties of merchantabthty, of
fitness for a particular purpose, or of any other kind arising out of this lease, and
there are no warranties that extend beyond those expressly stated in this lease
o Notices Any notice required by this lease shall be deemed to be delivered
(whether or not actually received) when deposited with the United States Postal
Service, postage prepaid, certified mall, return receipt requested, and addressed to
Landlord or Tenant at their addresses
p Abandoned Property Landlord may retain, destroy, or d~spose of any property
left on the premises at the end of the term
q Mechanic's Liens Tenant has no express or ~mphed authority to create or place
any lien or encumbrance of any kind upon, or in any manner to bind the interest
of Landlord or Tenant m, the Premises or to charge the rentals payable hereunder
for any claim in favor of any person dealing with Tenant, including those who
may furnish materials or perform labor for any construction or repairs Tenant
covenants and agrees that it will pay or cause to be paid all sums legally due and
payable by it on account of any labor performed or materials furnished in
connection with any work performed on the Premises and that it will save and
hold Landlord harmless from all loss, cost or expense based on or arising out of
asserted clmms or liens against the leasehold estate or agmnst the interest of
Landlord in the Premises or under this Lease Tenant shall give Landlord
immediate written notice of the placing of any hen or encumbrance against the
Premises and cause such lien or encumbrance to be discharged within thirty (30)
days of the fihng or recording thereof
r Environmental Reqturements Except for Hazardous Material contained in
products used by Tenant in de mlninns quantities for ordinary cleaning and office
purposes, Tenant shall not permit or cause any party to bring any Hazardous
Material upon the Premises or transport, store, use, generate, manufacture,
dispose of, or release any Hazardous Material in or about the Premises Tenant, at
its sole cost and expense, shall operate its business m the Premises in strict
compliance with all Environmental Requirements and shall re-mediate in a
manner satisfactory to Landlord any Hazardous Materials released on or from the
Property by Tenant, its agents, employees, contractors, subtenants or mvltees
The term "Environmental Requirements" means all applicable present and future
statutes, regulations, ordinances, rules, codes, judgments, orders or other similar
enactments of any governmental authority or agency regulating or relating to
health, safety, or environmental conditions on, under, or about the Premises or the
environment, including without hmitation, the following the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),
as amended, 42 U S C § 9601, et seq, the Resource Conservation and Recovery
Act ("RCRA"), as amended, 41 U S C § 6801, et seq, the Federal Water
Pollution Control Act, as amended, 33 U S C § 1251, et seq, the Clean Air Act,
as amended, 42 U S C § 7401, et seq, and all state and local counterparts thereto,
and any regulations or policies promulgated or issued there under The term
"Hazardous Materials" means and includes any substance, material, waste,
pollutant, or contaminant, the presence of which requires notice to any
Governmental Agency or investigation or remedlatlon pursuant to any
Environmental Requirements, or is or becomes regulated by any Governmental
Agency As defined m Environmental Reqmrements, Tenant is and shall be
deemed to be the "operator" of Tenant's "facility" and the "owner" of all
Hazardous Materials brought on the Premises by Tenant, its agents, employees,
contractors or lnvltees, and the "generator" of the wastes, by-products, or residues
generated, resulting, or produced there from The term "Governmental Agency"
means all governmental agencies, departments, commission, boards, bureaus or
instrumentalities of the United States, states, counties, cities and political
subdivisions thereof
TO THE EXTENT ALLOWED BY TEXAS LAW, TENANT SHALL
INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM AND
AGAINST ANY AND ALL LOSSES (INCLUDING, WITHOUT LIMITATION,
DIMINUTION IN VALUE OF THE BUILDING OR THE PROPERTY),
CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, EXPENSES, AND
COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND
EXPENSES) WHICH ARE BROUGHT OR RECOVERABLE AGAINST, OR
SUFFERED OR INCURRED BY LANDLORD AS A RESULT OF ANY
RELEASE OF HAZARDOUS MATERIALS FOR WHICH TENANT IS
OBLIGATED TO REMEDIATE AS PROVIDED ABOVE OR ANY OTHER
BREACH OF THE REQUIREMENTS UNDER THIS PARAGRAPH BY
TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBTENANTS,
ASSIGNEES OR INVITEES, REGARDLESS OF WHETHER TENANT HAD
KNOWLEDGE OF SUCH NONCOMPLIANCE THE OBLIGATIONS OF
TENANT UNDER THIS PARAGRAPH SHALL SURVIVE ANY
EXPIRATION OR TERMINATION OF THIS LEASE
s Force MaJeure Landlord and Tenant shall not be held responsible for delays in
the performance of its obligations hereunder when caused by strikes, labor
disputes, acts of God, governmental restrictions, governmental regulations,
governmental controls, delay in issuance of permits, enemy or hostile
governmental action, civil commotion, fire or other casualty, and other causes
beyond the reasonable control of Landlord
Accepted and agreed to by signatures below to be effective September 1, 2001
YMCA C~ty of Denton
Phil D~Casolo / Mmhael A Conduff
Executive V~ce President C~ty Manager
Landlord' Address 601 N Akard Street C~ty's Address 215 E McK~nney
Dallas, TX 75201 Denton, Texas 76201
~ty'~r ~r~alters Secretary