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HomeMy WebLinkAboutResolution No. 2016-019CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016- I -q. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO LEASE AGREEMENT FOR OFFICE SPACE FOR DENTON COUNTY BRANCH OFFICES BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, TEXAS, FOR THE PURPOSE OF DESIGNATING A PORTION OF THE PROPERTY LOCATED AT 6301 MAIN STREET AS A COMMUNITY GARDEN; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, has duly reviewed and considered the First Amendment to the Lease Agreement by and between the City of The Colony and Denton County; and, Section 2. That this First Amendment, attached hereto as Exhibit "A", is found to be acceptable and in the best interest of the City and its citizens, and the Mayor is hereby authorized to execute the Amendment on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 1st day of March, 2016. i A 4,�S Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: LU TEXAS THE STATE OF Tga AS § FIRST AMENDMENT § TO COUNTY OF DENTON § LEASE AGREEMENT THE CITY OF THE COLONY AND DENTON COUNTY, TEXAS, THE COLONY GOVERNMENT CENTER — FIRST AMENDMENT TO LEASE AGREEMENT FOR OFFICE SPACE FOR DENTON COUNTY BRANCH OFFICES This First Amendment to Lease Agreement (hereinafter referred to as the "First Amendment") is made and entered into by and between The City of the Colony, Denton County, Texas (hereinafter referred to as the "Lessor"), whose address for the purposes of this Lease is 6800 Main Street, The Colony, Texas, 75056, (972) 625-1756, and Denton County, Texas (hereinafter referred to as the "Lessee"), whose address for the purposes of this Lease is 110 West Hickory, Denton, Texas 76201, (940) 349-2820. This First Amendment shall be effective as of the date of the later to execute this First Amendment by and between the Lessor and Lessee (hereinafter referred to as the "Effective Date"). RECITALS WHEREAS, on or about November 3, 2015, the Lessor and Lessee executed the original Lease Agreement (hereinafter referred to as the "Lease Agreement") concerning the Leased Premises as that term is defined in Section 1.1 of the Lease Agreement; and WHEREAS, the Lessor and Lessee now desire to amend the Lease Agreement to address the use of a portion of the Leased Premises for charitable purposes. SECTION 1. FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this First Amendment and shall be considered part of the mutual covenants, consideration and promises that bind the parties. SECTION 2. AMENDMENT TO LEASE AGREEMENT. (a) Amendment to Lease Agreement. That Section 1.1 of the Agreement is hereby amended to read as follows: "ARTICLE I Leased Premises 1.1 In consideration of the mutual covenants and agreements set forth in this lease, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, property located at 6301 Main Street, The Colony, Texas 75056-1634, Denton County, Texas, and more further described as an approximately. 5.801 acre tract of land comprising Lot 1, Block A, Denton County Government Center Addition in the S.E. Hayes Survey, Abstract No. 648, an addition to the City of The Colony, Denton County, Texas, excluding the property generally located at 6303 Main Street, The Colony, Texas 75056-1634, and the approximately 31,948.22 square feet or 0.7334 acres of land to be used as a garden, which is generally described and/or depicted in Exhibit A of this First Amendment, which is attached hereto and incorporated herein for all purposes, together with all rights, privileges, easements, and appurtenances belonging to or in any way pertaining to the said premises and together with the building and other improvements now situated or to be erected upon the demised premises (hereinafter referred to as the "Leased Premises"). Lessee has inspected the Leased Premises and by the execution of this Lease accepts it in its present condition." SECTION 3. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this First Amendment: (a) Amendments. This First Amendment constitutes the entire understanding and agreement of the parties as to the matters set forth in this First Amendment. No alteration of or amendment to this First Amendment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. (b) Applicable Law and Venue. This First Amendment shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this First Amendment shall lie in the state district courts of Denton County, Texas. (c) Assignment. This First Amendment may not be assigned without the express written consent of the other party, which shall not be unreasonably withheld. (d) Binding Obligation. This First Amendment shall become a binding obligation on the signatories upon execution by all signatories hereto. Lessor warrants and represents that the individual executing this First Amendment on behalf of the Lessor has full authority to execute this First Amendment and bind the Lessor to the same. Lessee warrants and represents that the individual executing this First Amendment on Lessee's behalf has full authority to execute this First Amendment and bind Lessee to the same. (e) Caption Headings. Caption headings in this First Amendment are for convenience purposes only and are not to be used to interpret or define the provisions of the First Amendment. (f) Counterparts. This First Amendment may be executed in three (3) or more counterparts, each of which shall be deemed a fully enforceable original but all of which together shall constitute one and the same instrument. First Amendment to Lease Agreement - The City of The Colony - The Colony Government Center Page 2 of 6 (g) Lease Agreement and First Amendment. All of the terms, conditions, and obligations of the Lease Agreement, and First Amendment remain in full force and effect except where specifically modified by this First Amendment. (h) Severability. The provisions of this First Amendment are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this First Amendment is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the First Amendment shall be enforced as if the invalid provision had never been included. (i) Time is of the Essence. Time is of the essence in the performance of this First Amendment. First Amendment to Lease Agreement - The City of The Colony The Colony Government Center Page 3 of 6 [The Remainder of this Page Intentionally Left Blank] First Amendment to Lease Agreement - The City of The Colony - The Colony Government Center Page 4 of 6 EXECUTED in triplicate originals at Denton, Denton County, Texas, on the dates set forth below. Mary Horn Denton County CITY OF THE COLONY or J e McCourry, Mayor ity of The Colony, Texas Date:U Date: CM^ ,r��ra�ttatrrr� V>i" ````N��O���Y ATTEST: .''LTTE T: r County Cl APPROVED AS TO FORM: istie Wilson, City Secretary By: Assis ant istrict Attorney AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ _ accomplish and pay the obligation of Denton County, Texas under this Lease. James Wells, Denton County Auditor to First Amendment to lease Agreement - The City of The Colony - The Colony Government Center Page 5 of 6 Exhibit A Legal Description and/or Depiction of Garden First Amendment to Lease Agreement The City of The Colony - The Colony Government Center Page 6 of 6