2000-183 ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AMENDMENT TO GOLF RANGE LEASE CONTRACT FOR NORTH
LAKES PARK IN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on March 2, 1999 the City and The Fundamentals Program, Inc dba
ONCourse USA (the "Lessee") entered into that certam Golf Dnmng Range Lease Contract for
North Lakes Park (the "Lease") which provided for the operation of a golf range facility at North
Lakes Park in Denton, Texas, and
WHEREAS, the C~ty and Lessee desire to amend the Lease to more accurately reflect
the actual operaUons under the Lease,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ The City Manager or his designee is authorized to execute an amendment to
the Lease which is attached hereto and made a part hereof
~ This ordinance shall become effectwe immediately upon its passage and
approval
PASSED AND APPROVED thls the /~--~ dayof ~'/~ ,2000
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By~/1~_
APPROVED AS TO LEGAL FORM
AMENDMENT TO GOLF RANGE LEASE CONTRACT
NORTH LAKES PARK, CITY OF DENTON
THIS AGREEMENT is made as of the date set forth below by and between thc City of
Denton (the "City") and The Fundamentals Program, Inc, dba ONCourse USA (the "Lessee")
WHEREAS, on March 2, 1999 the C~ty and Lessee entered into that certmn Golf Dnwng
Range Lease Contract for North Lakes Park (the "Lease") which provided for the operation of a
golf range facility at North Lakes Park m Denton, Texas, and
WHEREAS, the parties desire to amend the Lease to more accurately reflect the actual
operations under the Lease,
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contmned herein, the parties hereby agree as follows
1 Paragraph 2 of the Lease is amended and superceded in its entirety to read as
follows
"This Lease shall commence on the 12th day of April, 1999 and shall terminate on
the 11th day of April, 2002, unless sooner terminated as hereto provided, or unless
City by thirty (30) days' notice m writing shall terminate the Lease, when, m its
judgment, it is deemed that such termination is necessary by operation of law, or
pursuant to the terms of this agreement, or ~t is deemed that the leased premises
are required for other City purpose or purposes The lease may be renewed and
extended upon mutual agreement of the City and the Lessee for two (2) additional
five (5) year periods"
2 Paragraph 4 of the Lease is amended and superceded an its entirety to read as
follows
"Rental Lessee agrees to pay to the City rent as follows
a For the first lease year, $2500 00 on or before April 12, 1999 and
additional 11 monthly payments beg~nmng on or before the 12th day of
each month thereafter ~n an amount equal to $227 27 or 2% of the gross
sales for the precechng 30 day period, whaehever is greater
b For the second lease year, $2500 00 on or before April 12, 2000 and
additional 11 monthly payments beginning on or before the 12th day of
each month thereafter m an amount equal to $363 64 or 4% of the gross
sales for the preceding 30 day period, whmhever is greater
c For the third lease year, $2500 00 on or before April 12, 2000 and
additional 11 monthly payments beginning on or before the 12th day of
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each month thereafter xn an amount equal to $545 45 or 6% of the gross
sales for the preceding 30 day period, whichever xs greater
Lease year ~s defined as being from April 12th through April llth of the
succeedmg year Gross sales xs defined as all sales derived from driving range
fees, food and advertising"
3 Exhibit B of the Lease is amended and superceded xn xts entirety to read as
follows
"The mlmmum fee structure for mutual agreement of extension of the contract for
two terms is as follows
For each lease year, $2500 00 payable on or before April 12th of the apphcable
lease year and 11 addxttonal monthly payments beg~nnmg on or before of the 12th
of each month thereafter, equal to 6% of the gross sales for the precedxng 30 day
period or the mmxmum monthly payment as set forth below, whichever is greater
F~rst 5 year extension
Lease Year 2002 (4-12-02 thru 4-11-03) - m~mmutn monthly payment $ 772 73
Lease Year 2003 (4-12-03 thru 4-11-04) - mlmmum monthly payment $ 836 64
Lease Year 2004 (4-12-04 thru 4-11-05) - m~mmum monthly payment $ 954 55
Lease Year 2005 (4-12-05 thru 4-11-06) - mlmmum monthly payment $1,045 45
Lease Year 2006 (4-12-06 thru 4-11-07) - mxmmum monthly payment $1,136 36
Second 5 year extension
Lease Year 2007 (4-12-07 thru 4-11-08) - minimum monthly payment $1,136 36
Lease Year 2008 (4-12-08 thru 4-11-09) - m~mmum monthly payment $1,227 27
Lease Year 2009 (4-12-09 thru 4-11 - 10) - m~mmum monthly payment $1,318 18
Lease Year 2010 (4-12-10 thru 4-11-11) - mlmmum monthly payment $1,409 09
Lease Year 2011 (4-12-11 thru 4-11-12) - m~mmum monthly payment $1,500 00
4 All other terms and conditions conttuned in the Lease that are not expressly
amended or changed by th~s instrument shall remain ~n full force and effect
SIGNED asofthe /~ day of c~f~ ,2000
CITY OF DENTON, TEXAS
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~ THE FUNDAMENTALS PROGRAM, INC
¥
T~tle ~.~rt.e~ ? T~-/~ ~
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