Loading...
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