HomeMy WebLinkAboutResolution - 2013-R0274 - Lease Agreement - Elite Paint Ball Partnership LLC - 09/10/2013 Resolution No. 2013-RO274
September 10, 2013
Item No. 5.7
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Lease Agreement by and between the
City of Lubbock and Elite Paint Ball Partnership, LLC, and related docuinents. Said
Lease Agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council on September 10, 2013
GL RVRTS , MAYOR
ATTEST:
Reb,: ca G'-qrza,_City Secretary
APPROVED AS TO CONTENT:
R. Keith Smith, P.E., Director of Public Works
Dave Booher, Right-of-Way Agent
APPROV AS TO FORM:
Chad Weaver, Assistant City Attorney
ee:ccdocs/RES.Agrmt-Elite paint Ball
August 7,2013
Resolution No. 2013-R0274 �'�'"tac I//5/1.
LEASE
This Lease is entered into on this 10th day of September , 2013, between THE
CITY OF LUBBOCK, a Texas home rule municipal corporation ("Landlord"), and ELITE
PAINT BALL PARTNERSHIP, LLC, ("Tenant").
ARTICLE I. DEMISE OF LEASED PREMISES
Section 1.01 Leased Premises. In consideration of the mutual covenants and agreements
of this lease, and other good and valuable consideration, Landlord demises and leases to Tenant,
and Tenant leases from Landlord the premises situated in Lubbock, Lubbock County, Texas,
legally described on Exhibit A attached to this lease, and made a part of this lease for all
purposes (collectively referred to as "the premises" or"the leased premises" in this lease).
ARTICLE 2. LEASE TERM
Section 2.01 Term. The term of this lease is three (3) years (the "Primary Term")
beginning on the date of execution of this Lease by the Landlord unless terminated sooner as
provided in this Lease. Landlord retains the right, at its election, to terminate this lease by giving
Tenant thirty (30) days written notice that lease is terminated.
Section 2.02 Termination. This Lease will terminate without further notice when the
term specified in § 2.01 expires, and any holding over by Tenant after that term expires will not
constitute a renewal of the lease or give Tenant any rights under the Lease in or to the premises.
ARTICLE 3. RENT
Section 3.01 Rent. Tenant will pay Landlord Two Thousand Five Hundred and No/100
Dollars ($2,500.00) per year during the term of this Lease, as same may be extended.
Section 3.02 Time of Payment. Tenant shall pay all rent due under this article on an
annual basis, beginning on the date of execution of this Lease by the Landlord, and thereafter on
each annual anniversary date thereof during the term of the lease. Payments must be in lawful
money of the United States.
Section 3.03 Interest. Rent installments unpaid for thirty (30) days shall bear interest at
the rate of twelve percent (12%) annually, beginning on the day after each such installment was
due and continuing until the installment is paid. Nothing in this Lease shall be construed as
providing for Landlord receiving collecting and/or demanding a rate of interest greater than
provided for under Texas Law. In the event Landlord receives interest in excess of the highest
lawful rate, such fiends shall be applied to the next year's rental payment, or in the event no
further rental payments are due, refunded to Tenant.
1
ARTICLE 4. UTILITIES
Section 4.01 Utilities. Tenant acknowledges that no utilities of any kind, including but
not limited to water, gas, or sewer are available to or on the leased premises and no such utilities
shall be provided. Notwithstanding this Section, Tenant may arrange for electric service to be
provided to the leased premises at Tenant's sole expense,
ARTICLE 5. USE OF PREMISES
Section 5.01 Use of Premises.
a. Tenant may use the premises for the purpose of engaging in paint ball activities
and for no other purpose without the written consent of Landlord. Tenant may not place, install,
build or construct any improvements on the leased premises. Landlord will not unreasonably
withhold consent to a change of use.
b. Under no circumstances during the term of this lease will Tenant use or cause to
be used on the premises any hazardous or toxic substances or materials, including without
limitation hazardous substances, as defined in the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. § 9601 (14)) and/or asbestos, in any form, or store or
dispose of any such substances or materials on the premises. Tenant shall not place or allow to be
placed on the leased premises any tires, vehicles or regulated waste materials, and leased
premises must be kept clean and free of trash, waste and debris by the Tenant.
Section 5.02 Illegal Use. Tenant may not use all or any part of the premises or any
building situated on them for any use or purpose that violates any valid and applicable law,
regulation, or ordinance of the United States, the State of Texas, the County of Lubbock, the City
of Lubbock, or other lawful authority with jurisdiction over the premises.
Section 5.03 Security. Tenant shall take any and all actions necessary to protect the
leased premises and all persons who enter upon same. Tenant shall inspect on as frequent a basis
as necessary the leased premises to identify and remedy all premise defects upon or affecting the
leased premises.
ARTICLE 6. ENCUMBRANCE OF LEASEHOLD ESTATE
Section 6.01 No Encumbrance. Tenant shall not encumber the leasehold interest by deed
of trust, mortgage, or other security instrument.
ARTICLE 7. MECHANIC'S LIENS
Section 7.01 Mechanic's Liens. Tenant shall not cause or permit any mechanics' liens or
other liens to be filed against the fee 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 have been supplied to Tenant or anyone holding the premises or
any part of them through or under Tenant. If such a mechanic's lien or materialman's lien is
2
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 wishes to contest the lien, take timely action to
do so, at Tenant's sole expense. If Tenant contests the lien, Tenant will indemnity Landlord and
hold it harmless from all liability for damages occasioned by the lien or the lien contest and will,
in the event of a judgment of foreclosure on the lien, cause the lien to be discharged and removed
before the judgment is executed.
ARTICLE 8. INSURANCE AND INDEMNIFICATION
Section 8.01 Indemnity and Release. THE TENANT SHALL INDEMNIFY AND
HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND
CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS,
FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES,
OF ANY KIND OR NATURE, WIIICH ARISE DIRECTLY OR INDIRECTLY, OR ARE
RELATED TO IN ANY WAY, MANNER OR FORM, TO THE ACTIVITIES
CONTEMPLATED HEREUNDER AND ARE CAUSED BY THE ACT, OMISSION AND/OR
NEGLIGENCE OF THE TENANT, THE TENANT'S RESPECTIVE OFFICERS
EMPLOYEES, OFFICIALS AND AGENTS.
THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT.
Section 8.02 Insurance. Tenant shall procure and carry, at its sole cost and expense
through the life of this Agreement, insurance protection as hereinafter specified, in form and
substance satisfactory to the Landlord, carried with an insurance company authorized to transact
business in the State of Texas covering all foreseeable aspects and operations in connection with
this Lease, including but not limited to, all aspects, operations and/or occurrences to which
Tenant has indernnified the Landlord, as provided in Section 8.01 hereof. A Certificate of
Insurance specifying each and all coverages and a copy of such policy shall be submitted to the
Landlord prior to the execution of this Agreement. Landlord shall cause each required policy to
require the insurer to (i) give notice to the City as specified herein of termination of any such
policy, sixty (60) days before such termination is to be effective, and (ii) contain a waiver of any
and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by
virtue of payment of any loss under such insurance. Landlord shall provide to the City proof of
the below-described insurance on or before fourteen (14) days prior to the expiration date of each
expiring policy.
Comprehensive General Liability Insurance. Tenant shall have comprehensive
general liability insurance, with limits of$1,000,000.00 combined single limit in
the aggregate and per occurrence. The Landlord shall be narned as an additional
insured on a primary and non-contributory basis in such policy.
ARTICLE 9. ASSIGNMENT AND SUBLEASE
Section 9.01 No Assignment. Tenant shall not sell or assign its leasehold estate in its
entirety or any portion of it, nor may it sublet the premises or any portion of them or any portion
3
of any building or other improvement erected on the premises, without the prior written consent
of Landlord.
ARTICLE 10. DEFAULT AND REMEDIES
Section 10.01 Termination on Default. If Tenant defaults in performing any covenant or
term of this lease, and does not correct the default within fifteen (15) days after receipt of written
notice from Landlord to Tenant, Landlord may declare this Lease and all rights and interests
created by it terminated. If 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.
Section 10.02 Remedies 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 accruing
against Tenant under this Lease. Further, in the event of termination, Tenant shall have no rights
to any rents paid in advance, and all of said rents shall be and remain the property of Landlord.
Any such termination shall not prevent Landlord from enforcing the payment of any such sum or
sums or claim for damages by any remedy provided for by law, or from recovering damages
from 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 is exclusive of the other.
Landlord may pursue any or all such remedies or any other remedy or relief provided by law,
whether or not stated in this Lease. No waiver by Landlord of a breach of any of the covenants
or conditions of this Lease may be construed a waiver of any succeeding or preceding breach of
the same or any other covenant or condition of this Lease.
ARTICLE 11. GENERAL PROTECTIVE PROVISIONS
Section 11.01 Right of Entry_. Tenant must permit Landlord or its agents,
representatives, or employees to enter the premises for the purposes of inspection, determining
whether Tenant is complying with this Lease, maintaining, repairing, or altering the premises, or
showing the premises to prospective tenants, purchasers, mortgages, or beneficiaries under trust
deeds.
Section 11.02 No Partnership. The relationship between Landlord and Tenant is at all
times solely that of Landlord and Tenant and may not be deemed a partnership or a joint venture.
Section 11.03 Bankruptcy. Bankruptcy insolvency, assigmnent for the benefit of
creditors, or the appointment of a receiver will not affect this Lease as long as Tenant and
Landlord or their respective successors or legal representatives continue to perform all covenants
of this Lease.
Section 11.04 No Waiver. No waiver by either party of any default or breach of any
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.
4
Section 11.05 Release of Landlord. If Landlord sells or transfers all or part of the
premises and as a part of the transaction assigns its interest as Landlord in this Lease, then as of
the effective date of the sale, assignment, or transfer, Landlord will have no liability under this
Lease to Tenant, whenever occurring or accruing.
Section 11.06 Security. Tenant shall take any and all actions necessary to protect the
leased premises and all persons who enter upon same. Tenant shall inspect on as frequent a basis
as necessary, the leased premises to identify and remedy all premise defects upon or affecting the
leased premises.
ARTICLE 12. MISCELLANDEOUS
Section 12.01 Delivery of Rents and Notices. All rents or other sums, notices, demands,
or requests from one party to another may be personally delivered or sent by mail, certified or
registered, postage prepaid, to the addresses stated in this section and are considered to have
been given at the time of personal delivery or of mailing.
Landlord Tenant
City of Lubbock Elite Paint Ball Partnership, LLC
Attn: Dave Booher 4813 54`h Street
P O Box 2000 Lubbock, Texas 79414
Lubbock, Texas 79457 Telephone 806-470-1334
Telephone: 806-775-2352
Facsimile: 806-775-3074
Section 12.02 Multiple Parties. If this Lease names more than one Landlord or Tenant,
service of any notice on any one Tenant or Landlord is considered service on all Tenants or
Landlords, respectively.
Section 12.03 Non-Arbitration. The Landlord reserves the right to exercise any right or
remedy available to it by law, contract, equity, or otherwise, including without limitation, the
right to seek any and all forms of relief in a court of competent jurisdiction. Further, the
Landlord shall not be subject to any arbitration process prior to exercising its unrestricted right to
seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may
be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
Section 12.04 Applicable Law. This agreement is to be construed under Texas law and
all obligations of the parties created by this Lease are performable in Lubbock County, Texas.
Section 12.05 Construction. If any one or more of the provisions contained in this Lease
are for any reason held to be invalid, illegal, or enforceable in any respect, the invalidity,
illegality or unenforceability will not affect any other provision of the Lease which will be
construed as if it had not included the invalid, illegal, or unenforceable provision.
5
Section 12.06 Prior Agreements. This Lease constitutes the parties' sole agreement and
supersedes any prior understandings or written or oral agreements between the parties with
respect to the subject matter.
Section 12.07 Amendment. No amendment, modification, or alteration of this Lease is
binding unless in writing, dated subsequent to the date of this Lease and duly executed by the
parties.
Section 12.08 Rights and Remedies Cumulative. The rights and remedies provided by
this Lease agreement are cumulative, and either party's using any right or remedy will not
preclude or waive its right to use any other remedy. The rights and remedies are given in
addition to any other rights the parties may have by law, statute, ordinance, or otherwise.
Section 12.09 Attorney's Fees. If, as a result of either party's breaching this agreement,
the other party employs an attorney to enforce its rights under this Lease, then the breaching or
defaulting party will pay the other party the reasonable attorney's fees and costs incurred to
enforce the Lease.
Section 12.10 Time of Essence. Time is of the essence of this agreement.
THIS LEASE has been executed by the parties on the date and year first above written.
CITY OF LUBBOCK
G". Robertson, Mayor
ATTEST:
Re ecca Garza, City Secretar
APPROVED AS TO CONTENT:
R. Keith Smith, P.E.,Director of Public Works
Dave Booher, Right-of-Way Agent
6
APPRO D A TO FORM:
Chad Weaver, Assistant City Attorney
ELITE PAINT BALL PARTNERSHIP, LLC
Billy Br nt
icha- D. ryant
my/Lease.Agnnt-Elite Paint Ball
Augusl 7,2013
7
EXHIBIT
PLAT OF SURVEY
'A
ON A 29.802 ACRE TRACT OUT OF SECTION
ONE(1).BLOCK B.T.T.RR.CO.SURVEY,
LUBBOCK COUNTY.TEXAS
(VOL U ME 202.PAGE 403)
Y VO•�D a METES AND BOUND5 DESCRIPTION ON A 20.902 ACRE TRACT OUT OF
SECTION ONE(1).BLOCK B.T.T.RR.COMPANY SURVEY,LUBOCK COUNTY,
v _ p TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
lj N C- BEGINNING AT A'3/8"IRON ROD FOUND IN THE NORTH LINE OF F.M.835,FOR
1Y THE BEGINNING POINT OFTHIS DESCRIPTION,WHENCE THE SOUTHEAST
n Q rM CORNER OF SAID SECTION 1,BLOCK B-IS CALLED TO BEAR SB9"59'45"E.A
�1w
DISTANCE OF 162.00FEETANO SOO"00.15'W,A DISTANCE OF 102-67 FEET;
THENCE 500'00'1 S"W.ALONG TIME NORTH LINE OF SAID F.M.635.A
W T DY DISTANCE OF 20.00 FEET TO AN"X"SET IN CONCRETE FORTHE SOUTHEAST
!VOLUME 202.PAGE 403 1
7 C$ ' Zi• CORNER OF THIS TRACT;
") Z THENCE N89'4 1'04"W(CALL N89"40'25"W),ALONG THE NORTH LINE OF
sem• F SAID P.M.935.ADISTANCE OF 741.63 FEET(CALL 741.S')TO A 5/8'IRON
" O•� ROD FOUND FOR A CORNER OF THIS TRACT.
N T THENCE N00'19'00"E.ALONG THE NORTH LINE OF SAID P.M.63S.A
iL DISTANCE OF 10.00 FEET TO A S/8'IRON ROD FOUND IN THE LAST LINE OF
LOOP 209,FOR THE START OF A CURVE TO THE RIGHT AND FOR A CORNER
W _ - _ NORTH LINI?TRACT4 - - -m N - - - OFTHISTRACT:
THENCE NORTHWESTERLY AROUND THE ARC OF SAID CURVE TO THE RICH r
V 0 O AND TME EAST LINE OF SAID LOOP 289.AN ARC DISTANCE OF 306.91 FEET
N o TOA 5/8"IRON ROO FOUND FOR THE END OF SAID CURVETO THE RIGHT
9(01 O AND FOR A CORNER OF THIS TRACT,SAID CURVE HAVING A RADIUS OF
N
2 1
°5.00'.A CENTRAL ANGLE OF B 1^47'23"A NO A CHORD TRAY BEARS
O N48°22'35"W,A DISTANC E OF 281.51';
z O. THENCE N07.27'25"W(CALL N07.28'45"W).ALONG THE EAST LINE OF SAID
ry LOOP 289.A DISTANCE OF 437.90 FEET TO A CONCRETE HIG"WAY
RIGHT-OF-WAY MONUMENT FOUND FOR A CORNEROF THIS TRACT,
O" THENCE NOD-21'I5"E.ALONG YHE EAST LINE OF SAID LOOP 289.A DISTANCE
OF 506.1.FEET TOA 5/8"IRON FOUND F-ORA CORNER OF THIS TRACT,
THENCE N07-36'45"E.ALONG THE EAST LINE OF SAID LOOP 289.AT A
Nry OISTA NCE OF 289.10 FEET PASS A 5/0'IRON ROD FOUND FOR THE
NORTHWEST CORN ER O F TRACT FOU R(4),AS DESC R I B ED I N VOLUME 2318.
PAGE 73.DEED REC OROS OF LU BBOCK COUNTY.TEXAS.CONTINUING FOR A
TOTAL OtSTA NCE OF 77 1.21 FEET TO A 1/2"IRON ROD ANO CAP SET FOR
THE NORTH CORNER OF THIS TRACT.
THENCE S50"41'40"E.A DISTANCE OF 454.40 FEETTO A 1/2"IRON ROD AND
W CAP SET FOR A CORNER OF THIS TRACT.
THENCE 530"47'47"E.A DISTANCE OF 200.59 FEET TO A 1/2"IRON ROD AND
W N a CAP SET FOR A CORNER OF THIS TRACT,
p THENCE SOO"05'57"E,A DISTANCE OF 201.89 FEET TOA 1/2"IRON ROD AND
10 61 Nm CAP SET FOR A CORNER OFTHIS TRACT.
29.802 ACRES W THENCE S40'37'34"E,A DISTANCE OF 305.78 FEETTOA 1/2"IRON RODAND
N W. w3 CAPSET FOR ACORNEROF THISTRACT;
8 O THENCE S 17'29'15"E.A DISTANCE OF 206.33 FEETTOA I/2"IRON ROD AND
CAP SET FOR A CORNER OF THIS TRACT;
2 THENCE S26°31'35"E.A DISTANCE OF 181,41 FEETTOA I/:"."IRON ROD AND
NO CAP SET FOR A CORNER OFTHIS TRACT;
THENCE S09.21'4 7"E.A DISTANCE OF 667.64 FEET TO THE PLACE OF
W BEGINNING. -
W CONTAINING 29-002 ACRES
'm s
TRACT NO.4 I:
(VOLUME 231 B.PAGE 73) [7
W
tq 4
J
a ev
L Q
tpo•
OJ � Z S Oe
0 J N
111
FROM TH15 POINT THE
R 2 15.00' SOUTFIEAST CORNER OF
3 81'47,23„ SECTION 1,BLOCK B•. CALLED
L 306.91' TO BEAR 00'15"W.10,162.00'
p AND SOO"00'1 5"W.102.67'
(CALL-741.8') 8 POB
741.53'
W N 3
p N 89"4 1'04"W N
O f
CALL-N89'40'25"WI
O O
F M. 835 D
S (VOLUME 384.PAG E 49) S
z N
LEGEND:
SCALE:1" 200'
HEAVY LINES INDICATE LIMITS OF SURVEY.
% =FOUND 5/8"IRON ROO.....CM
m =FOUND CONC.R.O.W.MONUMENT.....CM
• =SET 1/2"IRON ROD AND CAP
+SET"X"1NCONCRE7E
PM RO a PHYSICAL MONUM ENT OF RECORD DIGNITY. NOTE:ASEPARATE METES AND BOUNDS DESCRIPTION OF EVEN SURVEY
CM CONTROLLING MONUMENT.
GATE HEREWITH ACCOMPANIES THIS PLAT
=
THIS PLAT INVALID UNLESS IT BEARS SURVEYOR'S
ORIGINAL SIGNATURE.
I,CHARLES LYNN SAWYER,REGISTERED PROFESSIONAL LAND SURVEYOR.
SURVEYORS REPORT: 00 HEREBY CERTIFY THAT THIS PLAT AND DESCRIPTION WAS
PREPARED PROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT
THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE THEINFORMATION HEREON REPRESENTS THE FINDINGS OF THIS
SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. :.✓
T IS
NT ANSFERINSTITO ADDITIONAL
NAMED ONTUTIOHIS 5N SV EY.
O IS NON TRANSFERABLE EX PRESSED RE INSTITUTIONS SURVEYED:MAY 21,2008
BYSAWYERSU5WITHOUT EXPRESSED PRECERTIFICATION
THISSAWYER THE PR 1NGC0,
THIS PLAT IS THE PROPERTY OF SAWYER SURVEYING CO. / j t�•;�'`-(l��.
REPRODUCTION OF TI-IIS PLAT FOR ANY PURPOSE IS EXPRESSLY FORBIDDEN )•'•'" -' •••'•'�"=
WITHOUT THE WRITTEN CO NSENT OF AN AUTHORIZED AGENT OF SAWYER
SURVEYINGCO. _,'I
THIS SURVEY IS SUBJECTTO ANY FACTS WHICH MAYBE DISCLOSED ^� �� '•�� i �l-J
BY A FULL AND ACCURATE TITLE SEARCH.
RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY AFFECT CHARLES LYNN SAWYER
THISTRACT. R.P.L5.5809
VISIBLE EVIDENCE OF CONDITIONS AFFECTING THIS TRACT[SAS �•" '
SHOWNONTHIS PIAT. .AWYER
MONUMENTS INDICATED AS RECOROUND D
Y DIGNITHIS Y"
VEY UNLESS SO
, UR VE YI NG CCS_, LLC
"PHYSICAL MONUMENTS OF RECORD Y THIS S UNLESS AS NOTED.
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR A5
CONTROLLING EVIDENCE OU E TO SUBSTANTIAL AGREEMENT
WITH RECORD DOCUMENTS. 1u96oCK,TEXAS 79�52 d46-790-6251
BEARINGS RELATIVE TO THE RECORD CALL OF THE EAST LINE OF SECTION 1, PREPARED FOR:CITY OF LUBBOCK,TEXAS
VOLUME 2318,PAGE73,DEED RECORDS.LUBBOCK COUNTY.TEXAS
100X 2091 FB 00,PG 38
Proposed Paintball Lease Property
Located East of E Loop 289 & North of E 50th St
f
I
City Property
City Property
13
ri
I
j Pro osed Lease Area
0
D
[i
0
� t 0
i
D :
� 0
ter_
e •
e - •
0 250 500 750 1000 1250
Survey Feet
As required by SECTION 1.Chapter 2051,SUBCHAPTER D.GEOSPATIAL DATA PRODUCTS of the Govemment Code,the City of Lubbock hereby pmvides notice that the data on this map
was created by the City of Lubbock.Any date that appears to represent property boundaries is for informational purposes and may not have been prepared for or be suitable for legal,engineering,
or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries,