HomeMy WebLinkAboutResolution No. 98-17 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 98-17
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY AND DENTON COUNTY FOR THE SENIOR
CENTER LOCATED AT 6301B MAIN STREET, THE COLONY, TEXAS;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. That the Mayor of the City of The Colony, Texas, is hereby authorized and
empowered to execute a Lease Agreement with Denton County £or the Senior Center located at
630113 Main Street, The Colony, Texas.
Section 2. That a true and correct copy of the Lease Agreement is attached hereto and
incorporated herein.
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 _
19th day of October , 1998.
Mary Blab Watt~ Mayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
Senior Center LeaseAc~reement - 98-99
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between
the City of The Colony, Texas, referred to in this lease as the
Lessee, and Denton County, Texas, referred to in this lease as
Lessor.
WITNESSETH:
ARTICLE I
Demised Premises
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, 'approximately 5,200 square feet of floor
space located at 6301 Main St., The Colony, Texas 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
Demised Premises. These premises are referred to in this lease as
"the premises", or "the leasaed premises". Lessee has inspected the
premises and by its execution of this Lease, Lessee accepts the
Demised Premises.
1.2 The connected parking facilities may be used by the Lessee and
the Lessor. Lessee shall not be required to maintain the parking
facilities.
ARTICLE 2
Term
2.1 The term of this lease shall be one (1) year, commencing the
1st day of October 1998 and ending September 30, 1999, (the
"Initial Term") unless otherwise terminated or extended in
accordance with this lease, at the end of the Initial Term and each
successive term (as hereinafter defined). Thereafter, this lease
shall be automatically renewed for a one-year period of time (the
"successive term"); provided, however, that this lease shall not be
renewed if, at least 120 days prior to the end of the Initial Term
or any successive term, as the case may be, the
LEASE AGREEMENT - THE COLONY Page I
Lessee or the Lessor provides notice to the other party that it
desires that this lease not be automatically renewed.
ARTICLE 3
Rent
3.1 Lessee will pay to Lessor the sum of $!.00 per year at the
commencement of the term of this lease as basic rent.
3.2 It is agreed that in the event that this lease is renewed,
the basic rent may be increased at the discretion of the
Commissioners Court; provided, however, that the basic rent ska!!
not be increased by more th~n the fair market rental value of the
Demised Premises. Written notice of said increase shall be given
on or before June 1 each year to allow budget considerations. If
the rent is increased, Lessee shall have thirty (30) days in which
to terminate this lease by giving written notice as provided in
section 13.1.
3.3 Lessee will do all things lawful within its power to obtain,
maintain and properly request and pursue funds from which the
lease rental payments provided for herein may be paid. in the
event that no funds or insufficient funds are appropriated for the
lease rental payments due under this agreement of the period
covered by such budget or appropriation, this agreement shall
terminate without penalty to Lessee.
ARTICLE 4
Use of Premises
4.1 Lessee will use the leased premises for Senior Citizens'
services or other civic or governmental purposes approved by
Lessee's City Council. If the premises are determined to be
unsuitable for those purposes, both Lessee and Lessor shall have
the option to terminate this lease.
4.2 Lessee shall not use, nor permit the use of, the premises in
any manner that results in waste of the premises or constitutes a
nuisance. Nor shall Lessee use, or permit the use of, the
premises for any illegal purpose. Lessor will join Lessee, if
necessary, in the application for any permit of authorization with
respect to any legal requirements.
LEASE AGREEM]ENT-THECOLONY Page2
4.3 Lessee shall pay the cost of all utility services, including
but not limited to initial connection charges, and all charges for
gas, water, garbage collection and electricity used on the
premises, but excluding any portion of the Demised Premises
retained by Lessor under section 1.2.
ARTICLE 5
Services, Maintenance, Surrender, Alterations, and Additions
5.1 So long as Lessee is not in default under the terms of this
lease, Lessor shall furnish the leased premises, with the following
services at Lessor's sole expense:
a. heating system;
b. air conditioning equipment;
c. interior and external plumbing;
d. electric current for service or lighting and ordinary
business appliance;
e. foundation, roof and the structural portions of exterior
walls (including windows), and floors.
Lessor shall not be obligated to make repairs to Demised Premises.
5.2 Lessee shall provide, at Lessee's sole expense, the following
for the Demised Premises:
a. pest control, including termite eradication; and
b. maintenance of the public and common areas of the
building and the premises on which the building is
situated, including lobbies, stairs, corridors, restrooms,
walkways, and courtyards in reasonably good order and
condition, including appropriate landscaping of outdoor areas.
Lessee shall effect emergency repairs to the Demised Premises
within 24 hours of notification of the need for such emergency
repairs. Emergency repairs shall include, but not be limited to,
situations involving the air conditioning units, electrical wiring,
plumbing leaks into occupied areas, roof leaks, disruption of water
delivery to or drainage from any portion of the plumbing system,
access into and out of lease space, and environmental control.
LEASE AGREEMENT - THE COLONY Page 3
5.2 Additionally, Lessee shall maintain the leased premises
throughout the lease term, and any extensions of that term, and
keep them free from waste and nuisance. At the termination of the
lease, Lessee shall deliver the premises in as good a state of
repair and condition as they were in at the time Lessor delivered
possession to Lessee, reasonable wear and tear, and damage by
fire, tornado, or other casualty, or Taking excepted. Lessee shall
remove from the premises on or prior to the expiration or earlier
termination of this lease all of its property situated thereon and
shall repair any damage caused by the removal. In the event Lessee
should neglect to reasonably maintain the leased premises, and
after at least twenty (20) days notice to Lessee of any item
requiring maintenance and demanding cure of such item by Lessee,
Lessor shall have the right, but not the obligation, to cause
repairs or corrections for which Lessee is responsible under this
section, and such reasonable costs shall be payable by Lessee to
Lessor as additional Basic Rent.
5.3 If there is no continuing Event of Default, Lessee may make
additions or improvements to or alterations of the premises upon
receipt of written consent from Director of Facilities Management,
or Lessor; such consent shall not be unreasonably withheld. Each
such addition, improvement, or alteration (a) must not,
individually or in the aggregate, subst~ntia!ly lessen the Fair
Market Value of the premises or materially affect the premises'
usefulness in Lessee's business, (b) shall be completed
expeditiously in a good and workmanlike manner, and in compliance
with all legal requirements and (c) shall become part of the
premises and subject to this Lease.
5.3.1If the Denton County Commissioners Court elects to
provide notice to the City that this Lease shall not be
automatically renewed under section 2.1, Lessor shall
reimburse Lessee the Depreciated Value for all improvements
made by Lessee to the Demised Premises pursuant to section
5.3. The Depreciated Value shall be determined by subtracting
from the Lessee's actual cost of said improvement ("Cost") an
LEASE AGREEMENT - THE COLONY Page 4
amount calculated by dividing the number of years and any
portion of a year that the improvement has been in service by
the Useful Life of the improvement and multiplying said
fraction by the Cost. The "Useful Life" shall be defined as
fifteen (15) years. The "Cost" shall be defined as the actual
ex-pense paid by the Lessee for materials and labor, excluding
any labor provided by employees of Lessee.
5.4 Lessee, at Lessee's own expense, may install or place or
reinstall or replace upon and, if there is no continuing Event of
Default, remove from the premises and trade fixtures, signs,
machinery_, equipment and fire and/or burglar alarm system. Such
trade fixtures, signs, machinery, equipment and alarra system shall
not become the property of Lessor. However, replacement of
Lessor's trade fixtures, machinery, and equipment shall remain
Lessor's property.
5.5 If notice of termination has been given per A3.TICLE 13,
section 13.1, a~d reason for termination cannot be resolved by
Lessor and/or Lessee within 30 days of the receipt of said notice
by Lessee, Lessee shall have 60 days following the said 30-day
period to vacate said premises.
A~TICLE 6
Liability Insurance
6.1 Lessee shall, at its o~m e:cpense, maintain a policy or
policies of comprehensive general liability insurance with the
premiums thereon fully paid Qn or before the due date, issued by
and binding upon an insurance company acceptable to Lessor, such
insurance to afford minimum protection in limits of not less than
$1,000,000.00 combined single limits of coverage for personal
injury and property damage and $1,000,000.00 annual aggregate. At
least fifteen (15) days prior to Lessee's occupancy of the Leased
Premises, Lessee shall deliver to Lessor a copy of all policy
provisions intended to be included in the coverage to be provided
by Lessee, and a valid ~certificate of insurance issued to Lessor,
effective as of the dates applicable under the terms of this
Lease, which said certificate of insurance shall include, without
LEASE AGREEMENT - THE COLONY Page
limitation: (A) provisions recfuiring notice by the insurer to
Lessor at least thirty (30) days in advance of any contemplated,
intended or effective cancellation, nonrenewa!, or material change
or modification, or coverage provisions or limits; and (B) a
Waiver of Subrogation in favor of Lessor and agents, employees,
servants, officers, directors, contractors and subcontractors of
Lessor, with respect to the insurance coverage and claims of
Lessee.
AETICLE 7
Indemnity
7.1 Lessor shall not be liable to Lessee, or to Lessee's agents,
servants, employees, customers, or invitees, for any damage to
person or property caused by any act, omission, or neglect of
Lessee, its agents, se~-vants or employees under this Lease, and to
the fullest extent permitted by law, Lessee agrees to indemnify
and hold Lessor harmless from all liability and claims for any
such damage.
ARTICLE 8
Damage or Destruction
8.1 If the Demised Pre.n%ises, or any structures or improvements on
the Demised Promises, should be damaged or destroyed by fire,
tornado, or other casualty, Lessee shall give immediate written
notice of the d~age or destruction to Lessor, as provided in
section 13.1, including description of the damage and, as far as
known to Lessee, the cause of the damage.
8.2 If the Demised Premises are totally destroyed by fire,
tornado, or other casualty not the fault of Lessee or any person
in or about the Demised Premises with the express or implied
consent of Lessee, or if it should be so dau-aaged by such a cause
that rebuildinq or repairs cannot reasonably be completed within
120 working days, this lease shall terminate, and rent shall be
abated for the unexpired portion of this lease, effective as of
the date of written notification as provided in section 8.1.
8.3 If the Demised Premises are damaged by fire, tornado, or other
casualty not the fault of Lessee or any person in or about the
LEASE AGREEMEaNT-THECOLONY Pag¢6
Demised Premises with the express or im_D!ied consent of Lessee,
but not to such an extent that rebuilding or repairs cannot
reasonably be completed within 120 working days this lease shall
not terminate except as provided in subsections (a) and (b) of
this section.
a. If partial destruction of the Demised Premises occurs
prior to the final four (4) months of the lease term, Lessor
shall, at its sole cost and risk, proceed immediately to
rebuild or repair the Demised Premises to substantially the
condition in which they existed prior to such damage. If the
Demised Premises are untenantabte in whole or in part
following such damage, the rent payable during the period in
which they are untenantable shall be adjusted equitably. In
the event that Lessor shall fail to com_Dlete such rebuilding
or repairs within 120 workinq days from the date of written
notification ~ Lessee to Lessor of the occurrence of the
damage, Lessee may terminate this lease by written
notification to Lessor. Upon such notification, all rights
and obligations under this lease shall cease
b. If partial destruction of the Demised Preraises occurs in
the final four (4) months of the lease term, Lessor need not
rebuild or repair the premises. If Lessor elects not to
rebuild or repair the premises, and the Demised Premises are
untenantable in whole or in part following such damage,
Lessee may elect to terminate the lease or to continue the
lease with the rent for the remainder of the lease period
adjusted equitably.
ARTICLE 9
Condemnation
9.1 If any proceedings or negotiations are instituted which do or
may result in a Taking, each party will promptly give notice
thereof to the other, describing its nature and extent.
9.2 If during the term of this lease or ~y extension or renewal
of the lease, all of the leased premises should be taken for any
public or quasi-public use under any governmental law, ordinance,
LEASE AGREEN~NT-THECOLONY Page7
or regulation, or by right of eminent domain, or should be sold to
the condemning authority under threat of condemnation, this lease
shall terminate as of the date of the taking or the premises by
the condemning authority.
9.3 If less than all of the leased premises is taken for any
public or quasi-public use under any gover~mental law, ordinance,
or regulation, or by right of eminent domain, or is sold to the
condemning authority under threat of condemnation, either party
may terminate the lease by giving written notice to the .other
party within thirty (30) days after possession of the condemned
portion is taken by the entity exercising the power of
condemnation.
If the leased premises are partially condemned and neither
party elects to terminate the lease this lease shall not
terminate, but the rent shall be adjusted equitably during the
unexpired portion of this lease.
9.4 Lessor shall receive the award from any condemnation. All
amounts paid pursuant to an agreement with a condemning authority
in connection with any Taking shall be deemed to constitute an
award on account of such Taking.
D~TICLE 10
Inspection by Lessor
10.1 Lessor and its officers, agents, employees, and
representatives shall have the right to enter into and upon any
and all parts of the leased premises at all reasonable hours for
purposes of inspection, maintenance, repairs, alterations or
additions as Lessor may deem necessary (but without any obligation
to perform any of these functions except as expressly provided in
this lease). Lessee shall not be entitled to any abatement or
reduction of rent by reason of the entry of Lessor or any of its
officers, agents, representatives, or employees pursuant to this
article, nor shall such entry be deemed an actual or constructive
eviction.
LEASE AGR~F_MENT - THE COLONY Page 8
ARTICLE il
Events of Default, Remedies
11.1 Any of the following occurrences, conditions, or acts shall
constitute an ~Event of Default" under this Lease:
a. if Lessee
(i) defaults in making payment when due of any Basic
Kent and the default continues for twenty (20) days
after receipt by Lessee of written notice from Lessor
specifying the default and demanding that it be cured,
or
(ii) defaults in the observance or performance of any
other provision of this Lease, ~nd the default continues
for thirty (30) days after written notice specifying the
default and demanding that it be cured. However, if the
default cannot be cured by the payment of money and
cannot with due diligence be wholly cured within the
thirty (30) day period, Lessee may have any longer
period that is necessary to cure the default, so long as
Lessee proceeds promptly to cure it within that period,
prosecutes the cure to completion with due diligence,
and advises Lessor from time to time, upon Lessor's
request, of the actions that Lessee is taking and the
progress being made;
b. if the premises are abandoned by Lessee for a period of
forty-five (45) consecutive days.
11.2 Upon the occurrence of any event of default specified in
section 11.1, the following shall occur:
a. the rent shall immediately become due and be paid up to
the time of reentry, expiration, and/or dispossession;
b. Lessor may relet the premises or any part or parts of it,
either in Lessor's name or otherwise, for a term or terms
which may, at Lessor's option, be less than or exceed the
then remaining term of this lease.
11.3 If Lessor defaults in the performance of any term, covenant,
or condition required to be performed by it under this agreement,
LEASE AGREE~xxfI'-TI-{ECOLONY Page9
Lessee may terminate this lease upon giving at least five (5)
days' notice to Lessor of such intention. In the event Lessee
elects this option, the lease will be terminated on the date
designated in Lessee's notice, unless Lessor has cured the default
prior to expiration of the five (5) day period.
11.4 Pursuit of any of the remedies provided in this lease by
either Lessor or Lessee shall not preclude pursuit of any of the
other remedies provided in this lease or by law or in equity.
Pursuit of any remedy provided in this lease or by law by either
party shall not constitute a forfeiture or waiver of any damages
accruing to either party by reason of the violation of any of the
terms, provisions, and covenants contained in this lease. These
rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
11.5 No waiver by either party of any default or violation or
breach of any of the terms, provisions, and covenants contained in
this lease shall be deemed or construed to constitute a waiver of
any other violation or breach of any of the terms, provisions, and
covenants of the lease. Forbearance by either party to enforce one
or more of the remedies provided in this lease or by law upon an
event of default shall not be deemed or construed to constitute a
waiver of such default. Lessor's acceptance of rent following an
event of default under this lease shall not be construed as
Lessor's waiver of the default.
ARTICLE 12
Subordination and Nondisturbance
12.1 This Lease and all rights of Lessee hereunder are and shall
be subject and subordinate to the lien of any and all mortgages,
or consolidated mortgage or mortgages, which may now or hereafter
affect the premises, or any part thereof, and to all renewals,
modifications, consolidations, replacements, and extensions
thereof.
LEASE AGREE~MENT - TIKE COLONY Page 10
ARTICLE 13
Notices and Addresses
13.1 All notices to be given under this agreement shall be given
by certified mail or registered mail, addressed to the proper
party, at the following addresses:
Lessee: The City of The Colony
5151 N. Colony Blvd.
The Colony, Texas 75056
Lessor: Denton County, Texas
110 West Hicko~i
Denton, Texas 76201
With a copy to: District Attorney's Office,
Civil Division
1450 East McKinney
Denton, Texas 76201
Danny Brumley
Director Facilities Management
306 N. Loop 288, Suite 115
Denton, TX 76205
Either party may change the address to which notices are to
be sent by giving the other party notice of the new address in the
manner provided in this section.
ARTICLE 14
Miscellaneous
14.1 No amendment, modification, or alteration of the terms of
this agreement shall be binding unless the same is in writing,
dated subsequent to the date of this agreement, and duly executed
by the parties to this agreement.
14.2 This agreement shall be binding upon, and inure to the
benefit of, the parties to the agreement and their respective
heirs, executors, administrators, legal representatives,
successors, and assigns when permitted by this agreement.
14.3 In case any one or more of the provisions contained in this
agreement shall by any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceabi!ity shall not affect any other provision of the
agreement, and this agreement shall be construed as if such
LEASE AGREEM;~NT-TH]ECOLONY Pag¢ll
invalid, illegal, or unenforceable provision had never been
included in the agreement.
14.4 This agree~nent constitutes the sole and only agreement of the
parties to the agreement and supersedes any prior understandings
or written or oral agreements between the parties respecting the
subject matter of this agreement.
14.5 This agreement shall be construed under, and in accordance
with, the laws of the State of Texas, and all obligations of the
parties created blz this agreement are performable in Denton
County, Texas.
14.6 If, as a result of a breach of this agreement by either
party, the other party employs an attorney or attorneys to enforce
its rights under this lease, then the breaching or defaulting
party agrees to pay the other party the reasonable attorney's fees
and costs incurred to enforce the lease.
14.7 All terms used in this Lease, regardless of the number or
gender in which they are used, shall be deemed and construed to
include any other number, singular or plural, and by other gender,
masculine, feminine, or neuter, as the context or sense of this
Lease or any section, subsection, or clause herein may require as
if such terms had been fully and properly written in such manner
or gender.
14.8 No changes, additions, or interlineation made to this Lease
shall be binding unless initialed by both parties.
14.9 No del~y or failure by either party to exercise a right under
this Lease, and no partial or single exercise of that right, shall
constitute a waiver of that or any other right, unless otherwise
expressly provided herein.
14.10 Time is of the essence of this agreement.
14.11 Neither Lessor nor Lessee shall be required to perform
any term, condition, or covenant in this lease so long as such
performance is delayed or prevented by force majeure, which shall
mean acts of God, strikes, lockouts, material or labor
restrictions by any governmental authority, civil riot, floods,
and any other cause not reasonably within the control of Lessor or
LEASE AGRF-~-MENT - THE COLONY Page 12
. Lessee and which by the exercise of due diligence Lessor or Lessee
is unable, wholly or in part, to prevent or overcome.
14.12 Article and Section headings are for convenience and
reference only and shall not be used to limit or otherwise affect
the meaning of any provision of this Lease.
14.13 This Lease will be simultaneously executed in two 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.
14.14 Lessor and Lessee shall not be considered or deemed to
be joint ventures or partners and neither shall have the power to
bind or obligate the other.
14.15 The County Judge, or the presiding officer of Denton
County Cor~tissioners Court, has the authority to execute this
agreement upon the Denton County Commissioners Courts' .approval of
the agreement.
The undersigned Lessor and Lessee execute this Agreement in
duplicate originals.
LESSEE LESSOR
T~e~f The~Colony~ /.-~ Denton County, Texas
BY:~/ ,~ ~/~-~J~{~<~/.~.~ By:
Mayor~ ~ Jeff A. Moseley
City of The Colony Denton County Judge
Date of Execution: j)-~7-~ Date of Execution:
Approved as to form: Approved as to form:
~orney Assistant District Attorney
LEASE AGREE1V[ENT - THE COLONY Page 13