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Home My WebLink AboutRES 1992-028 � CITY OF GRAPEVINE, TEXAS ;� RESOLUTION NO. 92-28 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 FOR ATHLETIC FIELDS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l. That the Mayor is hereby authorized to enter into an Addendum to the Lease originally entered into between Trinity Industries, Inc. and the City on the 18th day of August, 1987, a copy of said Addendum being attached hereto and labeled Exhibit "A" . Section 2. 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 this the 18th day of Auqust , 1992. � 1�,"�� Mayor, City of Grapevine, Texas ATTEST: u� City Secretary �ity of Grapevine, Texas � [SEAL] ,� APPROVED AS TO FORM: � City Attorney City of Grapevine, Texas � � EXHIBIT� TO / �'�� } Page ._.._L_. of �_�3.. EXHIBIT A STATE OF TEXAS � ""'�" COUNTY OF TARRANT § �ITY OF GRAPEVINE � ADDENDUM TO LEASE This Agreement entered into on the 31st day of August , 1992, 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 for use as an athletic field under the City' s Park and Recreation Department. W I T N E S S E T H: 1. 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 from Trinity on a year to year basis. 2. During each year this Lease continues, as consideration for the Lease, City shall pay to Trinity as rent for the Leased ' Premises, the sum of five thousand dollars ( $5,000.00) per year, plus City, at its own expense, shall perform the maintenance obligations as contained in Article V of the original Lease Agreement. The payment of $5,000 will be made by October 5 of each �: ... year. 3 . Either party to this Addendum Agreement may terminate this Lease by giving the other party at least thirty days t30) notice in writing in accordance with Article VII of the original Lease Agreement, or by written mutual consent of both parties. Insurance 4. During the term of this lease, City shall carry insurance covering comprehensive general liability for bodily injury and for property damage. Such insurance shall be written on the standard 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 Liability 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 LEASE - Page 1 � x EXHIBIT � TO 9Z-Z� �age __Z._ Ot . °- 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. Al1 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. TRINITYINDUSTRIES, INC. , LESSOR t �By: A thorized Representative �. __ ATTEST• CITY OF GRAPEVINE, TEXAS By: i da Huff, City cretary William D. Tate, Mayor :�,.,u� ADDENDUM TO LEASE - Page 2 �.. CITY OF GRAPEVINE, TE�g RESOLUTION NO. 92-2$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE MAyOR TO ENTER INTO AN ADDENDUM AGREEMENT Tp THE ORIGINAL LEASE ENTERED INTO ON THE 18TFi DAY OF AUGUST, 1987 BETWEEN TRINIZ*y INDUSTRIES, INC. AND THE CITY FOR ATHLETIC FIELDS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY TFiE CITY COUNCIL OF TFiE CITY OF GRAPEVINE, TEXAS: Section 1. That the Mayor is hereby authorized to enter into an Addendum to the Lease originally entered into between Trinity Industries, Inc. and the City on the 18th day of August, 1987, a copy of said Addendum being attached hereto and labeled Exhibit "A" . Section 2. 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 this the 18th day of Auqust , 1992, �, �„"c'�� Mayor, City of Grapevine, Texas ATTEST: u� �ity Secretary City of Grapevine, Texas � jSEAL] � P.PPROVED AS TO FORM: �.. a City Attorney City of Grapevine, Texas � -��,;�� EXHIBIT B ` � TRINITY IN�USTRIES, INC. , , 6 � �EXHIBIT� TO ��`y�� Page _.L_ o, _..�._ December 30, 1987 Mr. Kevin Conklin Director of Parks & Recreation The City of Grapevine P.O. Boa 729 Grapevine , Teaas ?6051 Dear Mr. Conklin: ' Pursuant to your request , I am herewith transmitting two executed copies of the Lease Agreement between Trinity Industries , Inc . and The City of Grapevine covering a ' portion of our land currently used as soccer fields. We appreciate your continued attention to this matter . Please call if you have any questions or need additional � information . Sin e , ohn T. . nf rd lb encl . �;. � 2525 STEMMONS fREEWAY • BOX 10587 • DALLAS, TE7IAS 75207 • (214) 631-4420 • TXW 910•561-4389 f LEASE AGREEMENT EXH181T� TO ��' �2�� _ . Page _� of _�_ STATE OF TEXAS § S r�=-.M COUNTY OE TARRANT § This Lease Agreement (the "Lease" ) is made thisl8th day of Auqust , 1987, at Grapevine, Texas, by and between TRINITY INDUSTRIES, INC. hereinafter called "Lessor" and the CITY OF GRAPEVINE, TEXAS, hereinafter called "Lessee" . • ARTICLE I . Leased Premises Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain real property consisting of approximately 30.18 acres and all improvements thereon, hereinafter called the "Leased Premises" , situated in Tarrant �., County, Texas, as shown on Exhibit "A" attached hereto and �P , incorporated herein for all purposes. The Leased Premises are a part of an approximate 50.44 acre triangular shaped tract of land, as shown on Exhibit "A," owned by Lessor which tract is -��---�-- bounded on the East by Minters Chapel Road, on the North by E. Dallas Road and on the Southwest by a creek, hereinafter called "Lessor 's Property. " Lessee agrees to accept the Leased Premises in their current condition and agrees to surrender the Leased Premises to Lessor at the end of the Lease Term in good condition, allowing for reasonable use and deterioration. ARTICLE II . Lease Term �r�� The term of this Lease shall be for a period of five (5) years, hereinafter called the "Lease Term", commencing on the 18th day of Auaust , 198 7 , and ending on the 17th day of August , 19g2 , unless sooner terminated by either party giving the other not less than thirty (30)• days written notice. ARTICLE I I I . � � �Z-� _ ��Ii81fi�..,� TO Consideration Page ,._.�_ 0� .�•�� 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 Five Thousand Dollars (�5,000 .00 ) per year, plus L�ssee 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 �:a.� production without violating the high weed ordinances of the City of Grapevine, Texas . ARTICLE VI . EXHIBIT � TD """' / Z�Z'� Counterparts Page � Of �_ This Lease and all other copies of this Lease, insofar as � ry -r they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Lease may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ARTICLE VII . . . Notice Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery or by United States Mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: TO LESSOR: TRINITY INDUSTRIES, INC. 2525 Stemmons Freeway Dallas, Texas 75207 Attention: Mr . John Sanford TO LESSEE: CITY OF GRAPEVINE �-•�----4�-- 413 Main Street Grapevine, Texas 76051 Attention: Mr. Dennis Dawson, City Manager EXECUTED THE DAY AND YEAR FIRST WRITTEN ABOVE. TRINITY U IE C. , B Y• ., inted ame J Printed Title � � -� ATTEST: CITY OF RAPEVINE XAS -�-�==:� ��,,� Linda Huff, Ci Secretary Tom Powers, M r (SEAL) EXHI�IT.� ro �-�- a� � Page _,� Of .S_ � � E x �-4- �6� -r ''�4 '� . Qa ��y� =��w � � - o � . N • ' I P � I N � � . ., � � �— � t �' � ` N � � . _. . � I 0 � J � , .� � N , � . � . w �d � � � � � � � r T � �. � W b � Y `� o � � � " 0 6 I -;� � r� . ._. . . _ d ►n w � ' o � � � � � a . � s F ° . ._._x�..� � � v � �L J • ( � .: �r�� t i Q �, �°' � 1 t J � I � ,y f�4 � ..._ .. - - � � ii � . �� { ` �� :: � : . . ._ / . I` '� � i . . �.�� .