HomeMy WebLinkAboutResolution - 2008-R0292 - Amendment To Lease - Challenge Park Of Texas, Inc. - 08_12_2008Resolution No. 2008-RO292
August 12. 2008
Item No. 5.10
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a First Amendment, Revivor
and Ratification of Lease by and between the City of Lubbock and Challenge Park of
Texas, Inc. and all related documents. Said Lease is attached hereto and incorporated in
this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Executed by the City Council this 12th day of August 2008.
TOM MARTIN, MAYOR
ATTEST:
'Q ".0, <=__), ___
Rebecc Garza, City Secre ary
APPROVED AS TO CONTENT:
Thomas s,
Deputy CA Manager/Water Utilities Director
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
ao/ccdocs/First Amendment -Challenge Park. Res
7-14-08
Resolution No. 2008-RO292
FIRST AMENDMENT, REVIVOR AND RATIFICATION
OF
LEASE
This First Amendment and Ratification of Lease is entered into this 12th day of
August , 2008, by and between the City of Lubbock, Texas, a Texas home rule
municipal corporation ("Landlord"), and Challenge Park of Texas, Inc., a
Texas corporation ("Tenant").
WITNESSETH
WHEREAS, pursuant to that certain Lease (herein so called), dated July 17, 1998,
attached hereto as Exhibit "B", Landlord leased the premises described therein (the
"Leased Premises") to Tenant under the terms and conditions prescribed therein;
WHEREAS, the term of the Lease, including the period of time added by the exercise of
the option to extend the period prescribed therein, is set to expire July 17, 2008;
WHEREAS, the Landlord and Tenant desire to amend the Lease to provide for an
additional period of occupancy of the Leased Premises.
NOW, THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars
($10.00), and the promises, covenants and provisions set forth herein, the receipt and
sufficiency of such consideration being acknowledged herein by Landlord and Tenant,
Landlord hereby leases and lets the Leased Premises to Tenant upon the terms and
provisions of the Lease, as amended hereby, and Landlord and Tenant hereby ratify,
adopt and confirm the Lease in all of its terms and provisions, as amended hereby, and do
hereby amend the Lease as follows:
1. Section 2.01 of the Lease is hereby deleted in its entirety, and replaced with
the following:
Section 2.01 Term. The term of this Lease is fifteen (15) years (the
"Primary Term") beginning on July 17, 1998, unless terminating sooner as
provided in this Lease.
This Lease may be extended upon the mutual agreement of both Landlord
and Tenant for one additional five (5) year period (the "Option Period").
The Landlord and/or Tenant may elect to not extend the term of this Lease
in their sole discretion. The authority to exercise the option to extend on
the part of Landlord is hereby delegated to the City Manager of Landlord,
or her designee.
2. Section 12.01 of the Lease is hereby deleted in its entirety, and replaced with
the following:
Indemnity. TENANT SHALL INDEMNIFY AND HOLD HARMLESS,
TO THE FULLEST EXTENT PERMITTED BY LAW, LANDLORD,
AND LANDLORD'S RESPECTIVE OFFICERS, EMPLOYEES,
ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY
AND ALL LOSSES, DAMAGES, LIABILITIES OR CLAIMS WHICH
ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED, IN ANY
WAY, MANNER OR FORM, TO THE ACTIVITIES
CONTEMPLATED HEREUNDER, THE OCCUPATION OF OR
PRESENCE UPON THE LEASED PREMISES BY TENANT,
TENANT'S INVITEES, LICENSEES, GUESTS, ANY PARTY ACTING
UPON OR WITH THE AUTHORITY OF TENANT HEREUNDER
AND/OR ANY OTHER PARTY, INCLUDING WITHOUT
LIMITATION, ANY AND ALL LOSSES, DAMAGES, LIABILITIES
OR CLAIMS CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OF LANDLORD,
AND/OR LANDLORD'S RESPECTIVE OFFICERS, EMPLOYEES,
ELECTED OFFICIALS AND/OR AGENTS. TENANT FURTHER
COVENANTS AND AGREES TO DEFEND, WITH LEGAL COUNSEL
ACCEPTABLE TO LANDLORD, ANY SUITS OR ADMINISTRATIVE
PROCEEDINGS BROUGHT AGAINST THE LANDLORD, AND/OR
THE LANDLORD'S RESPECTIVE OFFICERS, EMPLOYEES,
ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY
SUCH LOSS, DAMAGE, LIABILITY OR CLAIM, AND TO PAY OR
DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY
SUCH LOSS, DAMAGE, LIABILITY OR CLAIM INCURRED BY,
ACCRUING TO, OR IMPOSED ON THE LANDLORD, AND/OR THE
LANDLORD'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING
FROM ANY SUCH SUITS, CLAIMS AND/OR ADMINISTRATIVE
PROCEEDINGS OR ANY MATTERS RESULTING FROM THE
SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS,
AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, THE
TENANT SHALL PAY TO THE LANDLORD, AND/OR THE
LANDLORD'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL
ATTORNEYS' FEES INCURRED BY SUCH PARTIES.
3. Exhibit "A" of the Lease is hereby deleted in its entirety and replaced, for all
intents and purposes, by Exhibit "A", attached hereto and made a part hereof and
of the Lease.
4. Except as expressly amended herein, the Lease shall remain valid and
subsisting as originally provided.
Effective as of the date first set forth above.
CHALLENGE PARK OF TEXAS, INC.
By: �i�(����K'el Y GAPE
Name: ✓L� ��'Zi'�''
Title: P /e5 iit At
CITY OF LUBBOCK
TOM MARTIN, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
v
Thomas Ad s, Deputy4CiM2edanager/Dire&orof
Water Utilities
APPROVED AS TO FORM:
Richard Canner, First Assistant City Attorney
Richard/Challenge Park -First Amendment 071408
Resolution No. 2008-RO292
EXHIBIT "A"
to the
First Amendment and Ratification of Lease
METES AND BOUNDS DESCRIPTION ON 29.802 ACRE TRACT OUT OF SECTION ONE (1),
BLOCK B, T.T. RR. COMPANY SURVEY, LUBBOCK COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A 5/8" IRON ROD FOUND IN THE NORTH LINE OF F.M. 835, FOR THE
BEGINNING POINT OF THIS TRACT, WHENCE THE SOUTHEAST CORNER OF SAID SECTION
1, BLOCK B, IS CALLED TO BEAR S89°59'45"E, A DISTANCE OF 162.00 FEET AND S00°00' 15"W,
A DISTANCE OF 102.67 FEET;
THENCE S00000' 15"W, ALONG THE NORTH LINE OF SAID F.M. 835, A DISTANCE OF 20.00
FEET TO AN "X" SET IN CONCRETE FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE N89041'04"W (CALL N89040'25"W ), ALONG THE NORTH LINE OF SAID F.M. 835, A
DISTANCE OF 741.63 FEET ( CALL 741.5') TO A 5/8" IRON ROD FOUND FOR A CORNER OF
THIS TRACT;
THENCE N00018'00"E, ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF F.M. 835, A
DISTANCE OF 10.00 FEET TO A 5/8" IRON ROD FOUND IN THE EAST LINE OF LOOP 289, FOR
THE START OF A CURVE TO THE RIGHT AND FOR A CORNER OF THIS TRACT;
THENCE NORTHWESTERLY AROUND THE ARC OF SAID CURVE TO THE RIGHT AND THE
EAST LINE OF SAID LOOP 289, AN ARC DISTANCE OF 306.91 FEET TO A 5/8" IRON ROD
FOUND FOR THE END OF SAID CURVE TO THE RIGHT AND FOR A CORNER OF THIS TRACT,
SAID CURVE HAVING A RADIUS OF 215.00', A CENTRAL ANGLE OF 81047'23" AND A CHORD
THAT BEARS N48"22'35"W, A DISTANCE OF 281.5 V;
THENCE N07027'25"W (CALL N07028'45"W), ALONG THE EAST LINE OF SAID LOOP 289, A
DISTANCE OF 437.90 FEET TO A CONCRETE HIGHWAY RIGHT-OF-WAY MONUMENT FOUND
FOR A CORNER OF THIS TRACT;
THENCE N00021' 15"E, ALONG THE EAST LINE OF SAID LOOP 289, A DISTANCE OF 506.10
FEET TO A 5/8" IRON ROD FOUND FOR A CORNER OF THIS TRACT;
THENCE N07036'45"E, ALONG THE EAST LINE OF SAID LOOP 289, AT A DISTANCE OF 289.10
FEET PASS A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF TRACT FOUR (4), AS
DESCRIBED IN VOLUME 2318, PAGE 73, DEED RECORDS OF LUBBOCK COUNTY, TEXAS,
CONTINUING FOR A TOTAL DISTANCE OF 771.21 FEET TO A 1/2" IRON ROD AND CAP SET
FOR THE NORTH CORNER OF THIS TRACT;
THENCE S50°41'40"E, A DISTANCE OF 454.40 FEET TO A 1/2" IRON ROD AND CAP SET FOR A
CORNER OF THIS TRACT;
THENCE S30°47'47"E, A DISTANCE OF 200.59 FEET TO A 1/2" IRON ROD AND CAP SET FOR A
CORNER OF THIS TRACT;
THENCE S00005'57"E, A DISTANCE OF 201.89 FEET TO A 1/2" IRON ROD AND CAP SET FOR A
CORNER OF THIS TRACT;
THENCE S40037'34"E, A DISTANCE OF 305.78 FEET TO A 1/2" IRON ROD AND CAP SET FOR A
CORNER OF THIS TRACT;
THENCE S17029'15"E, A DISTANCE OF 206.33 FEET TO A 1/2" IRON ROD AND CAP SET FOR A
CORNER OF THIS TRACT;
THENCE S26031'35"E, A DISTANCE OF 181.41 FEET TO A 1/2" IRON ROD AND CAP SET FOR A
CORNER OF THIS TRACT;
THENCE S09021'47"E, A DISTANCE OF 667.64 FEET TO THE PLACE OF BEGINNING.
CONTAINING 29.802 ACRES
BEARINGS BASED ON THE EAST LINE OF SECTION 1, VOLUME 2318, PAGE 73, DEED
RECORDS, LUBBOCK COUNTY, TEXAS
A PLAT OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS DESCRIPTION.
CHARLES LYNN SAWYER
RPLS 5809
# 2091 MAY 21, 2008
Resolution No. 200$ RO292
EXHIBIT "B"
to the
First Amendment and Ratification of Lease
LEASE
LEASE
This Lease is entered into on this day of-!.!!! , 1998, betweeta 111E
CITY OF Lt BOOCK, aTexas home rule municipal ciorp4ration(":,andlord"). and
CI IALLENGE PARK OF TEXAS, INC- a oor oration (,'Tenant").
ARTICLEI: DEM!SE OF LEASM)PREMISES
Section I A1. eased -qMi ' In consideration of the mutual covenants and
agreetnents of Wits lease, and outer good and vatuable consideration, Landlord demises
and :eases to Truant, and Tenant leases fmm Larrdtord. the premises siwatt*d in Lubbock'
I ubboa County, Texas. legally described on F-xhibit �. attached to this lease, and made a
part of this lease for all purposes (collectively rcfcrred , o as "the premises" or "the leased
premises" in this lease).
Te€iant is to have and to held the premises. tog:therwith all rights. pnvilcgrs,
easements, a pu-tmances, and i.ttmunit es belonging tr, or in any way appertaining to
ttieni, including but ctoc limited to 3.iy east.tnents. right; ,title, and ptivi!eges of Landlord,
ex attng now or at any time during the lease term. in, ic. cr under adjacent streets,
sidewalks, alleys. piny wails. and property, coutiguotis to the premises and revers-ona
that may later ac,. rfue io Landlord as Owner of thr prrmises by reason of the csasing of
any st=t, side ivalk, or alley.
ART'ICLI~ 2. LFASE Tr NI
Section ""OL .Len Tha term of Ns lease is f t e (5) ytari (Ihe "Pzimary Term")
i eti ,irtr:tng on the dace of execution of tiais Lease b, tit-- Landlord- tatiltss ieminatift?,
:porter as rro ided iti th.s lease.
Ttus Lase may be extended upDa the rnama. a£reerment cif both Laridktrd rutd
enasnt for one additional five (5) �rar period (the "Opt on )?cruel' j. The Landlord
-.&or'T=3nt may effect to not extend the warts of i4is ♦.case in their sote disum')a.
Section 2_L2. JIM t tt_ic . This L: aw Kill terry mate ,--ithout further notice wten
!!Itt term specified in § 2 01 cxpaes, and axv :iolding oc zr by `ir,..-unt after that term
F:.;n:res' %=.ill 041 coa siti�te a renewal of the lease :or eiv" I`eria E aria rights as wer the
�z in o: to the prernses.
Sceti n ' 03. 1ialdo_y11. l6 Tenant ho ids o, -r at d continues in possessor+ o t the
prarni�;,s after tl` a lease team (or any extension) c%pu s Tenant snail be considered tF) lie
�:�.upy sr g the pren�:sc}s oaa :r► s 11 tc:aarc� !ivtry t a( Al the tarns of this Least
ARTICLE 3. RI:'NT
Section 3 01. ent. Tenant will pay Landlord Two Thousand Five Hundred and
Ntor 100 Dollars (S2,500) per year during the term o: the Lease, as same may be
extended.
Section 3.0'71. Time of Payment. Tenant shall pay all rent due under this article on
an annual basis, beginning on the date of execution of :his Lease by the Landlord, and
thereafter on each annual anniversary date thereof during the term of the lease in the
event this lease is extended by the agreement of Landlord and Tenant. Tenant shall pay
all rent due for the Option Period on an annual basis, b,.;ginning on the tenth k10`)
anniversary date hereof, and on each annual anniversar:� date there. Payments must be in
lawful money of the United States.
Section 3.03. Interest. Rcnt installtt,ents unpai-1 for thirty (30) days shall bear
interest a*. the rate of twelve percent (1 _%) annually. beginning on the day after each such
installment was due and continuing until the installnsen-1 is }aid. Nothing in this lease
shall be construed as providing for Landlord receiving, col:eeting and/or demanding a
rate of interest greater than provided for under Texas iaw. In the event Landlord receives
interest in excess of the highest lai-v*l rate. sire!. funds shall be applied to the next
,Year's r:ntal payment, or in tliz event no further renal Fayments we due, re`unded to
Tenant.
ARTICLE 4. TAXES
Section 4.01, payment by Tenant. In addition tc the rent specified in Article 3.
Tenant %,,=11 pay and discharge all taxes, general and spczial assessments, and other
Charges of any kind levied orr or assessed against the premises and all interests in tiie
premises and all itttprovetnents and other property on then, during the lease rerrn, whether
belonging to Landlord or to Tenant. Tenant will pay all the taxes, charges, and
assessments directly to the public officer charged with vieir collection riot fewer than
fifteen (15) days beforc they become delinquent, and Tcaant will indemnify Landlord and
hold it harmless front all such :axes, charges, and asses!.tneats. Tetzant may; in good faith
Lit its ocwn expense contest any such taxes, charges, and :tssesstments and must pay the
contested amount, plus any penalties and interest iripoi::d, if arici when finally
determined to be due
Secr.on 4.02. Pavmc_nt by Landlord. At any time; that the payment of any itetr of
taxes, specwi assessments, or governmental charges that: Tenant Twist pay under § 4.01
remains unpaid and .uncontested later than `fifteen (1 3) d;tys before it becomes delinquent.
Landlord may gi,,e written notice to Tenarit cf its de.faulunder S 4 b1, specif%ing the
;lefatllt. 1`T:rr3nt ctiintinu;<, to fall to pad the taxes. Spec .al assesnVients, or to%ernrn; r..a1
CharEes, �jr to contest them in good faith "Niihsn teat (1C�'J days after the written notice.
I audlord may pal- the items specified in the notice, :find 'remmt v ill. on demand,.
-em1bursr Land lord any arnowit paid or expcz-IJed by L z adlord for this pt.rpose. %vith
Landlord must be notified of tine time fm beginning and tlrc i;cneral nature
of any such work, other than routine maintenance of existing buildings or
improvements, at the time the work bep.uts.
d_ The conditions of b 7,02 concerning Landlord's approving plans must be
followed.
Section 7 02. A-Dnroql of plans. in the event i'enant shall obtain the consent in
principle of Landlord to the proposed actin ities of 7 enant.. the following rules govern the
approval of construction, additions, and alterations of wildtngs or other improvements on
the premises:
a. Written Approvai Required .No existini, buiiding or improvement may be
added to or altered and no building or other improvem:tnt may be constructed on the
premises (collectively referred to herein as. "ConstrtctWn") r:nless the plans,
specifications, and proposed location of same has received Landlord's writien approval
and the Construction complies with the appmv:d plans. specifications, and proposed
location.
b. .Submission a{Plant" Tenant must. at its o-n expense, engage a licensed
architect or engineer to prepare plans and specification; for such construction. Tenant
must submit two (2) copies of detailed working drawings. plans, and specifications for
such Construction.
c landlord's Approval. Landlord will prornptly review and approve all plans
subrnmed under subparagraph b above, or note in vntir g any required changes or
corrections that must be made to the plans. Any rcquir,:d changes or corrections must be
made. and the plans resubmitted to Landlord, within tlre.l (30) days after the corrections
or changes have been noted.
d. Exception to Landlord's ,7provul. The tol.wAing items do not require
ss:bmission to; and approval by, landlord. but a copy" o, the plans and specifiea(tom tvr
such Construction must be furnished to Landlord.
i. Minor repairs and alterations nee essay to maintain existing
slrucrues and improvements in a useful state of repair and operation.
ii. Changes and alterations required t) ar, authorized public offic'ai
with authonty or j arisdiction over t'r e building or improvements, to comply wi' h
legal requirements.
iii Portable buildings, tcmporar} s-.ructures. including preps, placed
on the property from Linie to time.
e •Eflrcr oj:lppror•al landlord ; approva, of :my plans aitd spculications
aar-1!rs on'y to the conformity of the plans ind spacific: lain to Lhe general arcltitcctumi
plant (or the premises. Lanr:lurxrs approcal does not enustitule approval of time
aic4itcctural or engineering design, and Landlord, by approving the plans and
specifications, assumes no liability or responsibility fo:• the architectural or engineenne.
design or for army defect in any building or improveraw.t constructed from the plans or
specifications.
Section 7.03 Owncrslm. Any buildings. improvements. additions. alterations.
and fi.?ures (except furniture, trade frNtttres, portable buildings and tc-mporary structures,
including props) constructed, placed. or maintained on Wy part of the leased premises
during the lease term are considered Fitt of the real pruper y of the premises and must
remain on the premises and become Landlord's propety when the lease terminates.
Section 7.03 Right to Remove 1Mprovetrcnis. Tenant may. prior to the
termination or expiration of this Lease, remove any portable buildings, temporary
structures, including props, furniture, machinery, equipment, or other trade fixtures
weed or placed by Tenant, in, under. or on the prernisis, or acquired by Tenant, whether
before or during the lease term. Before the lease terminates, Tenant must repait any
damage to any buildings or improvements on the premises resulting from the removal.
.Ar.y such items not removed by the lease terrainatton a ate will become Landlord's
property on that date.
ARTICLE 8 ENCUMBRANCE OF LEASEHOLD ESTATE
Section S.01. No Enownbrance. Tenant shall nut encunber site leasehold interest.
by deed of trust. mortgage. or other security instrumeal, without obtaming Landlord's
consent In the event Landlord ihah so consent, such eacumbrance shall nut, in any
e�ent. ¢onSt343e a lien on Landlord's fee title. The inde mtedncss secured by the
- lmcunlbrance rill at all times be and remain inferior an J subordinate to all the conditions.
c. enants, and obligmions of this lease and tc all Land.'ord's rights sunder this lease.
ARTICLE 9. REPAIRS. MAWTENANCE, AND RESTORATION
Sec?non 9.0). null' to; a:main and Revair. At Al times during the lease term,
T_ r r,arn shall keep and maintain, or cause to be kept and maintained. all bu'ldhi2s and
i:r,prot .nients erected ort t1w premises -.n a good state of appearance and repair (crept
for rea,nncble %%'car and scar) a' Tenants o%ma expense.
Scctiun 9M. Damas e of Deft ,rctinn. If any bu..lding or impro%em,�nt located
ar:d'or ,:onstructed on the premises is damaged or destroycd by fire or auy other casualty.
regardless of the extent of the damage t�: destruction, T::nant must, v:±thin six (6) months
fi nm the date of the damage or dcst, rctton, begin to rq au, reconstruct, or replace the
a;: ri yed or destroy: d build:ng or inrprw. tnxnr and pursue the rcpa:r reconstruction. cr
rep tcernent -+ ,.h rzasonable dilitenc; in to restore tl:e building to mbstannaCy the
:,,ndtt:on it wars in before the casualty. 3ut if bel;ir nir.g or completin; this restoration is
pre'.voted or de.aveJ by war, cMI comrmotion, 10S nt (Jod. stril.es. g,)vem mertat
asLr,c!ion1- o: rag rlaticr;s. o: interfcren.es. fire or other casuals or army otlirr reason
1r e - C'hntienge Tar: or'1'e.ae tnc —_� _._ _,—. - -- _.--- .. Pnge 5
beyond Tenant's cuntrul, whether similar to any of those enumerated or not. the time for
beginning or completing the restoration (or both) will :::.utomaticaily be extended for the
ncriod of each such delay.
ARTICLE 10 MECHANICS LIENS
Section 10.01. Mechanic's Lien . Tenant shall not cause or permit any
mechanics' Liens or other liens to be filed against the fe: of the premises or against
Tenant's leasehold interest in the land or any buildings or improvements on the premises
by reason of any work, labor, services, or materials supplied or claimed to ha,e been
supplied to Tenant or and one holding the premises or any part of them though or tinder
Tenant. if such a mecltaatc's lien oT niaterialmah s lien is recorded against the premises or
any buildings or improvements on them, Tenant must either cause it to be removed or, if
Tenant in good faith -Aisles to contest the lien, take timely action to do so, at Tenant's
sole expense. If Tenant contests the lien. Tenant X•ill inde±rinift Landlord and hold it
hL:niess frorn all liability for damages occasioned by the lien or the lien contest and will,
ir. the event of a judgment of foreclosure on the lien. cruse the lien to be discharged and
removed before the judgment is executed.
ARTICLE it. CONDENU\AIIO'v
Section 11.01. T ':n if the premises or any pan of them are taken for public oT
quasi pudic purposes by condo-,rutaiion as a result ofa:iv action or proceeding in eminent
domain, or arc transferred in lieu of conderination to arty authority entitled to exercise
the power of eminent domain. this article g,vems Lare-lord's and Tenants interests in the
a-Aard or consideration for the transfer and the effect o;` the takirra or transfer on this
lease.
Section 1I.0� Teta T'aki If the entire premises are takers or so Transferred as
described in 11.01. this lease and all of the rights. titlis, and interests under it rill ease
on d;e date that 'itic to the premises or part of them vc5:s in the condemning anthorty.
LriJ the proceeds of the condenu; :lion will ee the prop—ty of Landlord.
Section 11.03. '.dial Talon-g. if only par•, of the premises is taken or transferred
as described in § i 1 01 ch:s lease will terminate if, in Landlord's opinion, the remamder
of the premises i5 in such a beat;on, or :s in such form. shape, or reduced size, that
Te::artt`s business cannot be effectively lid practicably operated on the rernaining
eternises. In .hat ;c ent. this !ease and all ri-4ts, title, w:d interest under it will cease on
the .late that title to the portion of the premises taken or transferred •.errs in the
condtnining authority. The proceeds of the eondertu:at;on will be the rropzm of
La_- d),,rd.
Sec!:on 11 04. 12 Outstare ConyeyanCC. Nothin, in this article proh.:bits Landlord
!"heel Au1'it3rliy Ce.. inn all or part of the piemises t ) a publ:c utility. agency, or
ilAnority ender tlu:at Jl. a taking under the powei Tit eminent : omair„ Any such
c,)lur.ta-y crnve%ance •.%IJ be treated as a -,Wng ui*.r. the rneaning of this article
Chal'enze V.ut 4 Tc■ea, inc. �� � -, .__.._.__._....__..,_.__Pale_',
ARTICL!+: 12 INSUkANCE AND INDEMNIFICATION
Section 12.01 Indemnity _and Relga}c, THE rFNANT SHALL INDEMNIFY
AND HOLD HARMLESS: TO THE EXTENT PEI:.MITTED BY LAW, THE CITY,
,%N-D CITY'S RESPECTIVE OFFICERS, EMPLOYES, ELECTED OFFICIALS AND
AGENTS, FROM AND AGAINST ANY AND ALI. LOSSES, DAMAGES, CLAIMS
OR LIABILITIES, OF ANY KfND OR NATURE, WHICH ARISE DIRECTLY OR
INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FOR4I. THE
:iCTIviTIES CONTEMPLATED HEREUNDER. AND ARE CAUSED SOLELY BY
THE ACT. OMISSION AND,OR NEGLIGENCE OF THE TENANT, THE TENANT'S
RESPECTIVE OFFICERS, EMPLOYES, OFFICIALS AND AGENTS. AND TO
`..RICH SOVEREIGN INIMUNITY HAS BEEN WAIVED PLRSUANT TO THE
TEXAS TORT CLAIMS ACT AND OTHER Li:-GISLATION AND WHICH IS
COMMERCIALLY INSURABLE BY THE TENANT. THE TENANT SHALL NOT
BE BOUND BY ANY NEGOTIATIONS OR SETTLEMENTS REACHED BETWEEN
THE CITY AND OTHER PARTIES «1THOL T THE EXPRESS WRITTEN
CONSENT OF THE TENANT. THIS INDENf7NtTY ,1GREEEMEN"I IS INTENDED TO
INCLUDE ANY CLAIMS AND DAMAGES BASED ON THE SOLE NEGLIGENCE
OF THE TENANT, AND THE EXPRESS PL',tPOSE OF THE LANGUAGE
CONTAINED 'WITHIN THIS INDEMNITY AGREEMENT IS TO NEGATE
,APPLICATION OF THE EXPRESS NEGLIGENCE RULE AS THAT RULE IS
RECOGNI/ED IN THE STATE OF TEXAS.
THE. iNDEMNITY PROVIDED HERE'N SHALL SURVIVE THE.
TER-MI?CATION OF THIS AGREEMENT.
Section t '.02. insurance Tenenr shale precum� and carry, at its sole cost aid
expense th,ougl, the life of this Agreement, insurance protecrion as hereinafter sprcifi_d.
in forty and cubs.ance satisfactory to the Landlord, carried v.ith an insurance company
auiho•i zed to transact business iii the State of Texas. c:,vertrig all foreceeaoie aspects uid
operations in connection with this lease. inelu.;:ng but not limited to, all aspects.
operations and:or occurrtncas to which Tenant has ind::rrtnified the Landlord, as provided
in Section 12 01 aereof. A Certificate, of Insurance sprctfying each and all coverages.
and a copy of such policy Shall ye Submitted to the Lar:dlord prio: to the execution of this
Agreement, except a: it relletes to the required Buildint; Risk Insurancc, of which said
Cerificate shall be st bmihcd no later than. fifteen (1 S) days poor to the commencement
of ccnstruction activities. Lard.ord shall taus: each required policy to require the insurer
to (t) give notice to tI a City .:s spz6fied herein. of termination of any such police sixty
(@-O) ray: before such ier i;t aion is to be effecti•e. and l,ii) contain a .aaiver of any and
a;l of the insurer's ri&is'.v subrogation that err= such i :surer or insurers may acquire ir.
utuc of payment of any'.oss under such insurance. Lineilord shall trot ide to the Cin
�r•..•c f of tl •: be:ow'••dcscribed nsuTance on or hcfore fa'.ineen (14) days prior tv the
�.p.:aion date of tack rxpiring policy
A Compe;ze,istve Gd-.tur.rl L,_ Ili{- Irsurmi a Tenant shall ha.c
cornrrehensive bencrzl :iabtl:ty:asurancc. wtth limits of
ltssr- ChaCrrgt PEA. a'Te.�z lnc
3300.000.00 corrbined single litail at the aggregate and per
occurrence The Landlord shall be named as an additional insured
in such policy
B. GNner ,c P?rolecrive or C'anrMKO,al Public l,obitily fnsurrrnce and
Prope rq• Damage LiabiluV Insw-unre Tenant and/or its
contractor(s) shall obtain an Owner's Protective or Contingent
Public Liability Insurance policy in the amount of, for bodily
injuries, including accidenta: death and/or property damage,
5300,000.00 combitted singl= lir'tit. This insurance coverage shall
include coverage against casualty or damage. including, but not
limited to, damage caused by fir., andl'or vandalism. to any and all
other buildings and/or improvements located on the leased
premises, and shall name the Landlord as an additional insured.
C. Worker's Compenrnrion Insurance. In the event Tenant shall
employ persons upon the leased premises or shall perform, or have
performed, construction activities on the leased premises, Tenant
rnd.lor all contractors performirW construction activities upon the
leased premises shall maintain daoughout the term of this lease
andlor the construction; as is applicable worker's compensation
insurance coverage in accordant.- wi.)i the statutory requirements
of the State of Texas.
D. Buiider'r Risk Insurance. 1n the event Tenant sha:1 perform. or
have pe:formed, construction activities on the leased premises, the
Tenant and/or its contracton,$) s) all have Builder's Risk Insuranec
in the amount of one hundred pe-cent (i 00`/0) of the prices of each
contract relating to such ccnstru,::tion acti+ ities. and ;he insurance
shall tiamc the Landlord as xi additicua: insurrd.
F Fwe Insurance. Fena_nt shail wz:hm fifteen (15) days of
completion of a builaing obt:tir, :,'irr insur.�utce iha: i. eighty ?30%)
percent of repla�;ement cost.
F Umbrella Liability insurance. The 'Contractor shall maintain
Umbrella Liability lnsurar,ce coverage in the amount of
S1.000,000.00 ttiah coverag; co:,responding to the Comprehensive
Commercial General Liability- and Owncr's Protective or
Contingent Public i_iabi!h% Insurance and Property Damage
Liability Insurance policies.
ARTICLE Il. ASSIG`-�-IE\7 1,N0 SUBi-LASE
_rat:i>n i 3 01 '�•o A-sipnrsient Tenant a.a sill or ast'igi, itz, estate
u: It, �r.'irery or :in}' portiJn of it, not may a su5le: the ;�rerr:isc; •)r d 1% poriicn of!hen-) or
.._ s� c i-' allemt Party r,r' Trxas. Inn
any portion of any buttding of other impre" ement ere% tad an the premises, without the
prior wriucn consent of Landlord.
ARTICLE 14 [)EFAULT AND REMEDIES
Section 14 01 Termination on Default. ff Tenant defaults in performing any
ccvenant or term of this lease, and does not correct the default within Sheen f 1 S) days
after receipt of written notice from Landlord to Tenant. Landlord may declare this lease,
and all rights and interests created by it, terminated V Landlord elects to terminate, this
lease will cease as if the day of Landlord's election were the day originally fixed in the
lease for its expiration. Landlord or its agent or attorney may resume possession of the
premises and relet them for the remainder of the term tit the best rent obtainable for the
account of Tenant, who must make good any deficiency.
Tenant and LI ttdlord agree that; for the purpose: of posting the notice required by
Property Cods Section 93.00 (f). the "front door" of tae lease premises is 2623 33rd
Street, Lubbock. Texas 79410.
Section 14.02 Rene lies Cumulative. Any termination of this lease as provided
In this article shall not relieve Tenant from paying any, sum or sums due and payable to
Landlord under the lease at the time of termination, or any claim for damages then or
previously ac. Wring against Tenant under this Sea.<e. Further, in the event of teanination.
Tenant shall have no rights to any rents paid in ad%anc e, and all of said rents shall be and
.-main the property of Landlord. Any such terniinaticn shall not prevent Landlord fcorr,
enforcing the payment of any such stun or sums or claim for damages by any remedy
provided for by la%v, or t:om recovering damages trotr. Tenant for any default under the
lease. All Landlord's rights, options, and remedies under this lease will be construed to be
cumulative, and no one of them ii ecclusive of the oth.:r. Landlord may pursue any or all
uch remedies or any other remedy or relief provided =+ law, whether or not stated ir, this
!-,tie. No waiver by Landlord of ;breach of any oft'+,: covenants or conditions of this
ie-sc na, be construed a waiver of any succeeding or ;)receding breach of the same or
any other covenant or condition of this lease.
ARTICLE I". GENERAL PROTECTIVE PROVISIONS
Section 15.01 Riaht of Entry. Tenant must pe-mit Landlord or Its agents.
representatives. or cmployees t:r enter die premises for the purposes of inspection;
dr�ertniaing whether Tenant is complying with this lease, maintaining. repairing, or
altering the premises, or showier; the premises to prospective tenants, purchasers,
inortgaoces, or beneficiaries under trust deeds.
Section 15 02. No Partners, ne relationship between Landlord and Tenant ;s
at all times solely that of landlord and tenant and may apt be deertec a partnership or a
IUint venture
i.ed:r Cha[]mg, Park of Texas, Inc p,- e• 9
Section 15.03 Foregtylaieure. If curing any default (other than failure to pay
rent, insutance premiums, or ad valorem taxs) or penbrmmg any other covenant or term
is delayed b, reason of war, civil commotion. act of God. governmental restrictions,
regulations, or interference, fire or other casualty, or a:iy ocher circumstances beyond
i'enant's control or that of the party obligated or permitted under this lease to do or
perform the term or covenant• regardless of whether the circt:mstanec is similar to an} of
those enumerated or not, each party w delayed is excused from performance dunng the
delay Period
Section 15.04, Bankruotgv, Bankruptcy, insolvency, assignment for the benefit
of creditors, or the appointment of a receiver will not affect this lease as long as Tenant
:nid Landlord or their respective successors or legal re,tresentatives continue to perform
all covenants of this lease.
Section 15.05. Nq Waiver. No waiver by either pam, of any default or breach of
:tny covenant or term of this lease may be treated as a waiver of any subsequent default or
breach of the same or any other covenant or term of this lease.
Section 15.06. &1Qase of Landlord. If Landlord sells or transfers all or Part of
the pretises and as a part of the transaction assigns its interest as Landlord in this lease,
then as of zhe effective date of the sale, assignment, or transfer, Landlord will h..ve no
liability urder this lease to Tenant, whenever occttmnk- or accruing.
Section 15.07. Secu ' . Tenant shall take any and ail actions necessary to pro, ect
the leased premises and all persons tvho enter upon same. Tenant shall inspect. on as
fieyue ;t a basis as necessary, the leased premises to id,:ntif% and remedy ail premier
defects..pon or afecting thn leased premises.
ARTICLE 16 MISC'ELLA`EOL'S
Section 15.01. Deiisety of I enrs and 1'ot:ees. All rents or other sums. r.otirrs,
demands, or teque.Sts fmw, ore party to another :nay be personally deltvered or sent by
mail, certified or registered, postage prepaid, to the ad&r.sses stated ir, this section and
are consrceted to have been given at the time of persor.•al delivery or of mailing.
Landlord:
Ciry of Lttybzck
Artn. Kevin Walker
P. 0 Box 2C,C0
Lt_bbock. Texas 794 7
1'•,•lephorte (806) i : 5-'2930
Fs:simile• (806) 77, �1•2051
Tenant:
Challenge Par: Tmas Inc.
2623 3: `Street
Lubbock. Texas 114,'0
Telephnne: (806)'795.8000
Fa.:simile: (8061 '')1-44'?
t.C�rSt 1!Jt.2n7ge {Sri. o' TCY.1S .•l _— -..._. __... _.�___—_..r.� l•,1
Section 16.02. Multi t Ig Partiel. If -.his lease najoes more than one Landlnrd vi
T r na_tt. service of any notice on anyone Tenant or La;tdlord is considered service on ali
Tenants or Landlords. respectively.
Section 16.03. PWi_rs Sound This agreement binds. and inures to the benefit or.
the parties to the lease and their respective heirs, cxecctors, administrators. legal
reptescrttatives, successors, and assigns
Section 16.04 Applicable Law. This agreemc•tt is to bt construed under Texas
13•w. and all obligations of the parties crested by this lease are performable in Lubbock
County. Texas.
Section 16.05. ConsrrucTlOn. if any one or more of the pro,.islons contained in
this Iease are for any reason held to be invalid. illegal, to unenforceable in any respect,
the trwandity. illegality, or unenforceability will not af:`'ect any other provision of the
lease. which trill be construed as ifit aad not included 'he invalid, illegal, or
unenforceable provision.
Section 16.06. Pr' r Ageeements. This lease cetistitutes the parties sole
ag.teenwnt and supersedes any prior understandings or written or oral. agreements
hrtwr.n the parties with respect to the subject :natter.
Section l0.0 % Amendment No wncridment, modification, or alwation of this
iezisc is binding wiless in writing, dated subsequent to tie date of this lease. and duly
rxccutr3 by the parties_
Section 16.08 Riehta and Remedies Curiutati--L The rights and remedies
c•, ovided by this tease agreement are ciunulative, and a :her pain's using ari. right or
:e^ edq Will rot prrcluic or waive its right to use any u:hcr remedy. The r grits and
remedies are given in addition to any tither -ights the parties tnaA. have by law, statute,
.r-din=ce. or otherwise.
Section 16.09. Attorney's Fees. if, as a result o•'either party's breaching this
agreenv_nt, the other party employs an attorney to enforr:e its rights tinder this le;isc, tien
the. breaching or defaulting pwrj %%ill pa;. the other part-c the reasonable attorney's fees
and costs incurred to enforce the lease.
! cjr� ♦�halle»mac GerA vC Tecas, ln•_.— —P�<e l:
Sect;on 16.10. Time a: Es:,ence T irne is of the essencc of this agreement.
I HIS LEASE has been executed by the parties on the [late and year Tirst abo%e written.
LANDLORD;
Eob Cass
City Manager
APPROVED PAS TO CONTENT:
keYtll W3IkC
5 wiess Lia' on O'ftcer
APPROVED AS TO FOR'al:
William do Haas
`�i :rticlpxi Contracts Anoraey
TENANT
P:eiident
..ease - Chalw..n:;c Park ofTe..ac. Inc---'�----.._,_. _, .--_--�-_-Page 12
SE!i' BY: 'OSTNET; A097970292; JUL 7.05 8:51AM; PAGE V2
�— CERTIFICATE OF INSURANCE t all" C '
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E3(CLUSIONS AMD CONorrium OF BUCM P Bi JAWS GAEGATa LIMITS NWWSI MAY MAYS 9EEN REDUCED 9Y►AR3 GLNMS
INS ICY POLICY POLICY
LTN TYpE PtlLICYNUMBER EFFECTIVE EXPIRATION LIMITS
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Resolution No. 2008-RO292
SEN- 9Y: '03TN$T;
80679762SE; J-U— 7-05 6:SiAM; PACE 212
CERTIFICATE OF INSURANCE ce 2Lno1
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w inall ca wig eR o► uxoRna
I r.IIGhOLICE 8r�ll►rtW
ONLY AND COWM NO ROM!UFO%M►CERTMiCATE
MOLCWL TWO CWn MCAM DM0 NOT AMINO. EX EW, 00
662 S Waan,, pm st, Sul*?W
Nep&rgMl, P_ E0340
INSURED
ALTER TM! COLERAOE AFFORDED BY THE POLICY OF Ow.
IAlSUR�Is AR110RDM0 E
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INS, : Dgoo—e- lnY
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WNaaten, IL &OTW.sylp
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CERT KNIS 1000348037
CHALLE"GE PARK OF TEXA& iNC
3P07 2TTM
LUDBOCK. IN INN
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COVERAGES
T}Ni Ni T'0 CERT1�19AfTN! P�OLICIIi O► M+ L16Tip BELDW MA -LN 1{NJRD IM �O tIM16p� N�$�TH[ POLICY ►{RpD
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CERTIFICATE MAY BE ISSUED OR MAY P&,RTAIN. THE INSURANCE AFFO11DED 9Y THE POLICIE'E DR,SCRISEO HEREIN IS SUWECT TO ALL FME 'EItus,
EXCLUSIONS 4ND CONDITION OF fUCFI POLICIES. AS --Tv LERITa SIIDWN MAY HAYS /C!N REDUCED S1r PAW CLAINi_.
.INS7al I POLICY POLICY
LTR _TYPE POLICY NUMBER I EFFECTIVE EXPIRATION LIMITS
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CERTIFICATE HOLDER
CITY 0' L U63OCK
I
I
COMPANY WL. VCf- VOR YO M"30DAYS I
WRIrTEt NOT!CE TO THa CERTI►CAT! !
H['X=R. BUT FAILURE To MAa•SUCH N4TI4E'
SIU6= IMPOSE NO 000"T-014 OR L iAERITY
OF ANY IUNO UPON TN/ COMPANY, ITS
ACEATS OR R£PRF.gENTATNES. I
AUTN�3D - RlSENSATIVC�