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Home My WebLink AboutRES 1993-029 RESOLUTION N0. 93-29 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE MAYOR TO ENTER INTO AN ADDENDUM AGREEMENT TO THE ORIGINAL LEASE ENTERED INTO ON THE 18TH DAY OF AUGUST, 1987 BETWEEN TRINITY INDUSTRIES, INC., AND THE CITY OF GRAPEVINE, TEXAS FOR ATHLETIC FIELDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine,Texas and Trinity Industries, Inc. entered into an agreement on August 18, 1987 for lease of property located on Dallas Road for use as an athletic field under the City's Park & Recreation Department; and WHEREAS, the City Council of the City of Grapevine, Texas has found and determined it will benefit the City to have an addendum to said lease agreement for the property on Dallas Road that will be utilized for soccer and baseball practice fields. � NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF "'�° GRAPEVINE, TEXAS: ' Section 1 . That all the matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. ' Section 2. That the Mayor is hereby authorized to enter into an addendum to the lease originally entered into between Trinity Industries, Inc., and the City of ' Grapevine, Texas on the 18th day of August, 1987, a copy of said addendum being attached hereto and made a part hereof as Exhibit "A", and a copy of said original � lease being attached hereto and made a part hereof as Exhibit "B". ' 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 ,�, GRAPEVINE, TEXAS on this the 3rd day of Au�ust , 1993. i �I � ' � APPROVED: � William D. Tate Mayor ATTEST: Linda uff City Secretary APPROVED AS TO FORM: ��. ;��/G� / �"°`� J o n . oy e, r. City Attorney , � � i i � i i 2 EXHIBIT A � � � S TATE OF: TEXAS . , : ::. § ;; ;, ; � � . . COUNTY OF TARRAN'P - � CITY OF GRAPEVINE � _ -.,� „_... �.,M� ._...-, , " - . .; . .. ,.. , . . ,. ' 'ADDENDIIM TO �LEASL � "-' .`"`.� .. , ., :�. . , . . ,, � _ . . , . . . . - . . , ,r, . . ,. ,, . .,-.. .._ T '— . . � . , .. .. . This Agreement�`entered into::"on° the - '�� ;'day. of , 1993, between the City of Grapevine, Texas and Trinity Industries, Inc. , as an addendum to that certain Lease entered into on. the 18th day of August, 1987, from"Trinity to`� the City` of 'property"fo�r use as an athletic field under the City' s. Park and .;,_ Recreation Department . , . .. ._. .. �. W I T N E S S E T H: l. That the property or tract of land, as more specifically described in the Lease from Trinity to the City dated the 18th day- - of August., ' 1987 ,, shall continue to be leased by the, City f_rom. � . . ' ...a . ., -._ ... . �. � .. .:-y uw��v .,'`:�;r..- ,'�,.;' 4 .c:.:� ';. ' •..:t' 1 :E- � ':�t.;..i _. . Trinity'� on a year to year basis. ° � -� � . . .l✓_. �`,B . .. a � a�i -..�� k xi�� .�. ..�� 'y :+': i { � r� �'�i+,� "�•.,�53'��.� . 2 .� : , During;.each year�;this;:Lease'.;continues,4;as :consideratibnr - for. the a Lease, �- City :.shall :;pay ,to ,-Trinity�,.a,s ,�rent�� foz.�,the�tLeased'; . - Premises, the ,_sum .of �five a.thousand ;dollars ($5,;00�0 00): ,,-per._year,,,4 plus City, `"at' its°:` own`�'`expense,'�°' shall �°perform � the :maintenance x� obligations ; as contained in ; Article V of ;the ' original�,.Lease,. , 'Agreement. The payment of $5, 000 will be made by Octobe}r°-�5= of�-`eacli.`� _ �r year. _ , - - ' ,•�t -{' . . . . , _ .t . . ' } .. t „ �,r �- �" .t ',+{,'� �r. t �s# .. .. �""' 3 . ` Either party to this Addendum �Agreement may ;terminate.i this Lease by. giving the other party at least thirty days (30) notice in writing in accordance with Article �VII.;,of.;the:-original�f,; • Lease Agreement, or by written mutual consent�=of�both- parties:��µ� ��- . .. . Insurarice , , . . , , s' 1�� , _. . . �s� . � ..:.{.•� �:�, : 4 . : . . , . , _ ,. , ,,.�... , ; . ,. . . . -, -During the term of: this�lease,�� Cityi, shall carry;insurance, covering comprehensive general liability for bodily injury and,for property damage. Such insurance shall be written ori'the' stand'ard". ;` form used in the ` State of Texas for such purpose and name Trinity ' as an additional insured party. Copies of all such .policies or ` '. certificates with respect thereto shall be furnished to Trinity , upon request. City' s Liabilitv 5 . The City shall indemnity and hold harmless Trinity, ` its ' present and future directors, officers and employees, � from all. causes of action, -liability claims, loss, costs, and 'expenses,. " including reasonable attorneys' fees, incurred as a result- 'of �" personal injury to or death of any person or damage to any � property, occurring as a result of the City' s use of the Premises �� hereunder. - �.,� ADDENDUM TO LEAST - Page 1 � . �; � ,+ * " +FSy�"�y. y 'i � r �_ ; � . �..y � :'3�svj��P� "`f`§'��.��i�� r 3 4 V"� �'k �'' 4 ; � �'�rR + =� �` .ts;'�ti.�x!, �`�n��",r, � . . . . . .. ✓t�`� y.� ' �' :��' !7 .R. �h . . . . . . .. k�st5, . ka t Trespass 6 . The City shall undertake all reasonable measures to prevent trespass by those utilizing the Premises on property owned ��-� by Trinity that is contiguous to the Premises and shall immediately notify Trinity in the event a trespass occurs. Surrender of Premises 7 . Upon termination of this Lease, whether by expiration of the term or otherwise, the City shall quit and surrender the premises to Trinity only after the City restores the Premises to the same condition as existed prior to the Lease hereunder. 8 . All other provisions of the original Lease Agreement, except as noted herein, shall continue to be in full force and effect . EXECUTED on the date as first written above. TRINITY INDUSTRIES, INC. , LESSOR By: Authorized Representative �,.x ATTEST: CITY OF GRAPEVINE, TEXAS By: Linda Huff, City Secretary William D. Tate, Mayor �. ��°� ADDENDUM TO LEASE - Page 2 ARTIC.LE IZZ. � Consideration e For and during the term of this Lease, as consideration for this Lease, Lessee shall pay to Lessor as rent for the ��::.„� Leased Premises a total rental of Eive Thousand Doilars (�5,000.00) per year, plus Lessee shall, at its own expense, perform the maintenance obligations contained in Article V hereof. ARTICLE IV. Permitted Use Lessee shall have possession of the Leased Premises for use as a soccer field, baseball field and/or parking lot to be used by such persons and in such manner as Lessee determines appropriate. Lessor agrees not to interfere with_ or allow any other person to interfere with Lessee's use and possession 'of the Leased Premises without Lessee's prior consent. �,� ARTICLE V. Maintenance �` " Lessee, at its expense, shall maintain and keep the Leased Premises in good repair. Lessee, at its expense, shall also be responsible for maintaining in good repair, specifically by cutting the native crop and removing and disposing of the clippings to a location agreeable to the parties which location shall not be further than ten (10) miles from the Leased Premises, the remaining approximate 20.26 acres of Lessor's Property as well as an approximate 1.52 acre tract of land owned by Lessor.and described as Lot 4, Sunshine Harbor Industrial District. The frequency of mowing shall be consis- tent with that necessary to allow for maximum agricultural crop production without violating the high weed ordinances of the City of Grapevine, Texas. �.,:a 2 • . � �• �' ��:; Ex�+��iT '�,4'� �� . Q2 ��'"1� '^=alr�w _. y� � - v I . q N ' . • I . N � I • �G N J � � � . ,i} t , • � � H � o �' � ,� � . � ro I " ` � � _ . w. � � � T � �' � b � T N ��• �u - � Y � /y� � • J m � oS �1 tJ ._. . . ��*" . w 3 . 0 0 � � U ' . I U L � r„,k, � �L J • � � � � J � { .� � � � � ��' � �J � . I w ,� r� � ..._ ... _ � � n � . �� -� � � � .. _ � � � ` � . ,� � . . ._ / � � . � . � ,� _ . , . � �;, ..