89-021City o! Southlake, Texas
te]SOLITP! ON 89-21
A RESOLIrP!ON OF ~ CITY COI~NCIL OF THE CITY
OF SOUTHI2~{E, TEYJ~S, AU~tORIZING T}~ MAYOR
"A~ ENTER IhYi~D A LP~D-LEItqE AGREEMENPP WITH
E-SYSq]~IS, INC. tK}O], TRUST FOR PARK USE. PRO\rID-
inG AN E~%~ECTIVI~ DATE.
~F£P~!A~q, the City Co,until of th~ City of ~%euthlake, Texas,
dec. ms Jt to be in tine best interest, health, and welfare of the
citizens to plan and develop city parks and park sites; and,
P~REAS, the City Counci] of the City of Southlake, desires
to coordinate such plaything amc] developing under its Parks and
Recreation Board; and,
WHERE}~, the Park and Recreation Board has arranged for a
land-lease agreement with E-Systemlq Pool Trust for the use of 9.870
acres of land located on the northeast corner ef White Chapel Road, for
an additional park site; now,
THERER}RE, BE IT RESOLVED BI' THE CITY COIlqC!L OF ~ Citr%~ OF
Section 1. all of ~le ak~ve premises are found to be true and correct
and are incorporated into the body of ~is resolution as .if copied in
their entirety.
Section 2. the Mayor is hereby auth,erized to execute the agreement on
k~half of the city.
Section 3. this resolution shall become effective immediately upon its
approval by the city.
PASSEl% A~ }PPROVtI)
k
Jc
Southlake
LANDLORD:
TENANT:
LAND LEASE
E-Systems, Inc. Pool Trust
P. O. Box 660248, Dallas, TX 75266-0248
(street address: 6250 LBJ Freeway, Dallas, TX 75240)
Phone: (214) 661-1000
Landlord leases the premises to Tenant subject to the following
terms and conditions including the General Provisions on the
reverse side:
(the "Premises")
(See Exhibit "A" for complete legal description)
LEASE TERM:
USES PERMITTED: ~_~ m~ ~-~4~ ~ I ~.Z- ~<~-~c~ ~,.:, ~ ~
Following the initial lease term, this lease shall automatically
renew for another term unless either party sends advance written
notice of intent to not renew.
REN,: Tengnt shall pay re,nt as follows:
INSURANCE: Tenant agrees, throughout the term of this lease, to
maintain liability insurance with a responsible carrier. The
insurance shall be in an amount not less than One Million Dollars
($1,000,000) and shall name Landlord (its trustees, agents and
employees) as additional insureds. This liability coverage shall
apply to any acts or omissions in connection with the leased
premises and its use by Tenant or third parties. Tenant shall
provide Landlord with a certificate of insurance confirming the
above coverage. The certificate shall require that Landlord be
given at least 30 days advance written notice of any cancellation
or nonrenewal of the insurance coverage. A current certificate
shall be maintained at all times.
GENERAL PROVISIONS
1. USE. The Premises are to be used only for the
specifically listed in this lease. Other uses are
Tenant must obey all laws and regulations affecting
and must not create any nuisance.
purposes'~~
prohibited.
the Premises
2. MAINTENANCE AND REPAIRS. Landlord does not warrant the
suitability of the Premises or any structures. Tenant must
maintain all perimeter fences, gates, structures or improvements.
3. INDEMNITY FROM LIABILITY. Tenant agrees to indemnify and save
harmless the Landlord from damage or claims (including costs and
attorney's fees) due to injury to persons or property, which
injury arises out of or relates to activities on the Premises by
Tenant (its agents, employees, contractors, guests and invitees)
whether or not such injury is due tb~any negligence of Landlord.
4. ASSIGNMENT AND SUBLETTING. Tenant may not assign this lease
or sublet all or part of the Premises without the express written
consent of Landlord.
5. ~AXES. Tenant pays all taxes on all personal property
(including crops). Landlord pays taxes on the land itself.
6. TERMINATION FOR CONVENIENCE. Landlord may terminate this
lease for any reason, by giving Tenant a minimum of 30 days
written notice to vacate the Premises. After notice is given,
Tenant may not plant crops and must vacate the Premises after any
crops in the ground are harvested. Rent will be prorated in event
of such termination. If the Premises are sold prior to harvesting
and the new owner's development plans prevent harvesting, Landlord
will pay Tenant's reasonable expenses associated with crops in the
ground.
7. POST TERMINATION RESPONSIBILITIES. Following any termination
(end of term, default, convenience), Tenant must remove, its
property from the Premises at Tenant's sole risk and expense, and
restoring the Premises to its prior condition, ordinary wear and
tear excepted.
8. AMENDMENTS. This is the complete agreement between the
parties. All modifications or amendments to this lease must be in
writing.
LANDLORD:
TRUSTEES, E-SYSTEMS,
POOL TRUST
INC.
~-~s W. Ciowley, Trustee
te:
TENANT: