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RES 1999-37TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 1999- 37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE EXECUTION OF A LEASE BETWEEN THE TOWN OF TROPHY CLUB AND THE TEXAS D.A.R.E. FOUNDATION PROGRAM IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club finds it to be in the best interest of public safety to cooperate with the Texas Drug Abuse Resistance Education (D.A.R.E.) Foundation program; WHEREAS, the Town Council of the Town of Trophy Club finds that the lease of office space within the Trophy Club Department of Public Safety building to the Texas D.A.R.E. Foundation program would facilitate cooperation with the Texas D.A.R.E. Foundation program; and WHEREAS, the Town Council of the Town of Trophy Club finds that the Texas D.A.R.E. Foundation program offers as consideration for the lease of office space within Trophy Club's Department of Public Safety building the services of a certified peace officer as a reserve peace officer within Trophy Club's Department of Public Safety, as well as various expenses respecting the training of a D.A.R.E. officer. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council is authorized to execute an contract between the Town of Trophy Club, Texas and the Texas D.A.R.E. Foundation program in exchange for the consideration detailed in Section 2 of this resolution; Section 2. As consideration for the leasing of office space which was authorized in Section 1 of this resolution, The Trophy Club Department of Public Safety may accept the services of a Texas D.A.R.E. Foundation program officer as a reserve peace officer within the Trophy Club Department of Public Safety, as well as payment for training for a D.A.R.E. officer and travel expenses so that the D.A.R.E. officer may attend state and national D.A.R.E. conventions, as well as training for other officers of the Trophy Club Department of Public Safety; and Section 3. This resolution shall take effect from and after its date of passage in accordance with law. The Mayor shall be authorized to execute the contract on behalf of the Town. PASSED AND APPROVED by the Town Council of the Town of Trophy Chub, Texas this 21st day of December , 1999. s/share/ law_wp/tiffany/trophyclub/resolutions/officespace Marshall Engelbeck, Mayor Town of Trophy Club, Texas ATTESTS-- 7 Diane TTEST- Diane Cockrell, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas s/sh are/] aw—wp/ti ffany/trophyc I ub/reso ILIfions/offi cespace LEASE This lease is made and entered into by and between the Town of Trophy Club (hereinafter referred to as "Lessor") and the Texas Drug Abuse Resistance Education (D.A.R.E.) Foundation (hereinafter referred to as "Lessee"). In consideration of the mutual covenants and agreements set forth in this lease, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, office space situated within the Town of Trophy Club Public Safety Building. These premises are referred to in this lease as "the premises" or "the leased premises." ARTICLE 1. TERM OF LEASE § 1.01. The term of this lease shall be month to month, beginning on January 1, 2000. The term of this lease shall be automatically extended from one month to the next unless either party gives notice of its intention to terminate according to the procedures provided for in this lease. § 1.02. Either party may terminate this lease by giving at least 30 days advanced notice to the other party. § 1.03. hi the event that Lessee holds over and continues in possession of the leased premises after either party has terminated the lease according to the procedures set forth in this lease, the lease shall continue as a month to month tenancy subject to all of the terms and conditions of this lease. ARTICLE 2. CONSIDERATION § 2.01. Lessee will pay the required dues to the Texas D.A.R.E. Convention for one D.A.R.E. certified officer. Lodging and food will be included. § 2.02. Lessee will pay for the annual recurring training for one certified D.A.R.E. officer. Lodging and food will be included. § 2.03. Lessee will offer training for the Town of Trophy Club Public Safety Officers, with courses to be determined on an annual basis by the Texas D.A.R.E. Foundation and the Director of Public Safety for the Town of Trophy Club. § 2.04. Lessee will, if deemed feasible by Lessor, extend an opportunity for a D.A.R.E. certified officer from the Town of Trophy Club Department of Public Safety to attend the national D.A.R.E. conference. Lodging, travel, and food would be included. § 2.05. Lessor will grant to Lessee one position for a D.A.R.E. officer as a certified peace officer in a reserve capacity. j arrod/trophy/dare. I ea ARTICLE 3. USE OF PREMISES § 3.01. Lessee shall operate the leased premises only as an office for the Texas D.A.R.E. Foundation. Lessee may not use the premises for any other purpose. § 3.02. Lessee shall not use, or permit the use of, the premises in any manner that results in waste of the premises or constitutes a nuisance. Nor shall Lessee use, or permit the use of, the premises for any illegal purpose. Lessee, at its expense, will comply, and will cause its officers, employees, agents, and invitees to comply, with all applicable laws and ordinances and with all applicable rules and regulations of governmental agencies, concerning the use of the premises. § 3.03. Lessee shall not use, or permit the use of, the premises in any matter that will cause a cancellation of, or an increase in, the existing rates for fire or other insurance policies insuring the premises or any improvements on the premises. §3.04. Restrooms, hallways, lobbies, parking areas, etc., and all other areas of the building in which the leased premises are located are for the joint use of Lessee and other occupants of the building. Lessee and its officers, employees, agents, and invitees will use such common areas in a reasonable, orderly, and sanitary manner in cooperation with all other occupants of the building. ARTICLE 4. MAINTENANCE AND SURRENDER OF LEASED PREMISES § 4.01. Lessee shall be responsible for keeping the leased premises clean and presentable. § 4.02. Except as provided in § 4.03 of this lease, Lessor will make, at its sole expense, any and all repairs to the leased premises, such as but not limited to replacement of light bulbs and light fixtures, repairs to or replacement of doors and locks, painting of walls, replacement of carpet due to reasonable wear and tear, etc. § 4.03. Lessor shall be entitled to reimbursement from Lessee for any and all expenses reasonably incurred in connection with any maintenance, repair, or replacement required of Lessor pursuant to this section (reasonable wear and tear, and damage by fire, tornado, or other casualty excepted) if the need for the maintenance, repair, or replacement resulted from the negligence or fault of Lessee or Lessee's agents, servants, officers, or employees. This reimbursement shall be due immediately upon receipt by Lessee of an itemized list of such expenses. § 4.04. Upon termination of this lease, Lessee shall surrender and deliver the leased premises to Lessor in as good a state of repair and condition as they were in at the time Lessor delivered possession to Lessee, reasonable wear and tear and damage by fire, tornado, or other casualty excepted. j arrod/troph y/dare. Ica § 4.05. In the event either party fails to perfonn its obligation to repair or maintain as set forth in Article 4 of this lease after notice from the other party of the need for such repair or maintenance and the passage of a reasonable amount of time for performance after such notice, the other party may make such repairs or perfonn such maintenance, or cause such repairs to be made or maintenance to be performed at its own expense. The party required under this article to make the repair or to perform the maintenance shall reimburse the party actually making or causing the repair to be made, or performing or causing the maintenance to be performed, for the reasonable expense of the repair or maintenance. ARTICLE 5. ALTERATIONS ADDITIONS AND IMPROVEMENTS § 5.01. Lessee shall not make any alterations, additions, or improvements to the leased premises without the prior written consent of Lessor. Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld by Lessor. § 5.02. All alterations, additions, or improvements made by Lessee shall become the property of Lessor at the termination of this lease. Lessor may, however, require that Lessee remove any or all alterations, additions, and improvements installed or made by Lessee, and any other improvements installed or made by Lessee, and any other property placed in the premises by Lessee, upon termination of the lease. In the event that Lessor requires Lessee to remove such alterations, additions, or improvements, Lessee shall repair any damage to the premises caused by such removal. ARTICLE 6. INSPECTION BY LESSOR § 6.01. Lessee shall permit Lessor and Lessor's agents, representatives, and employees to enter into and on the leased premises at all reasonable times for the purpose of inspection, maintenance, making of repairs or alterations to the premises, or any other purpose necessary to protect Lessor's interest in the leased premises or to perform Lessor's duties under this lease. ARTICLE 7. ASSIGNMENT AND SUBLEASE § 7.01. Lessee may not sublet, assign, encumber, or otherwise transfer this lease or any right or interest in this lease, or in the leased premises, or in the improvements on the leased premises, without the written consent of Lessor. ARTICLE 8. LESSEE'S ACCESS TO BUILDING § 8.01. Lessee's agents, representatives, and employees shall have unlimited access within the leased premises regardless of the time of day. This lease specifically grants Lessee's agents, representatives, and employees access to the leased premises on nights or weekends as well as during normal business hours. j arrod/troph y/dare. lea ARTICLE 9. DIVISION OF OFFICE RESPONSIBILITIES § 9.01. Lessor will have no responsibility for answering calls for the Lessee. Lessee has the responsibility to arrange for its phones to be answered by its personnel or an answering device. § 9.02. Lessee has the sole responsibility for purchasing and maintaining any and all office equipment to be used by Lessee on the ]eased premises. ARTICLE 10. DEFAULT § 10.01. The following events shall be deemed to be events of default by Lessee under this lease: (A) Lessee fails to provide the consideration it is obligated to provide under Article 2 of this lease; (B) Lessee fails to comply with any tenn, provision, or covenant of this lease, other providing consideration pursuant to Article 2, and does not cure the failure within 20 days after notice of the failure is sent by Lessor to Lessee. (C) Lessee deserts or vacates any substantial portion of the premises for a period of 10 or more days. § 10.02. Upon the occurrence of any event of default specified in § 10.01, Lessor shall have the option to terminate this lease, in which event Lessee shall immediately surrender the leased premises to Lessor, and if Lessee fails to do so, Lessor may, without prejudice to any other remedy that it may have, enter upon and take possession of the leased premises and expel or remove Lessee and any other person who may be occupying all or any part of the premises. § 10.03. No reentry or taking possession of the premises by Lessor shall be construed as an election on its part to terminate this lease, unless a written notice of such intention is given to Lessee. Notwithstanding any such reletting or reentry or taking possession, Lessor may at any time thereafter elect to terminate this lease for a previous default. § 10.04. If Lessor defaults in the performance of any term, covenant, or condition required to be performed by it under this agreement, Lessee may elect to: (A) terminate this lease upon giving at least 5 days' notice to Lessor of such intention; in the event Lessee exercises this option, the lease will be deemed terminated on the date designated in Lessee's notice, unless Lessor has cured the default prior to the expiration of the five day period; OR j arrod/trophy/dare. I ea (B) after at least five days' notice, Lessee may remedy such default and afterward send written notice to Lessor of the nature of the work performed and the reasonable cost expended by Lessee. § 10.05. No waiver by either party of any default or violation or breach of any of the terms, provisions, and covenants contained in this lease shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, and covenants of this lease. Forbearance by either party to enforce one or more of the remedies provided in this lease or by law upon an event of default shall not be deemed or construed to constitute a waiver of such default. Lessor's acceptance of consideration following an event of default under this lease shall not be construed as Lessor's waiver of the default. ARTICLE 11. NOTICES AND ADDRESSES § 11.01. All notices to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party, at the following addresses: (A) Lessor: the Town of Trophy Club, 100 Municipal Drive, Trophy Club, Texas 76262. (B) Lessee: the Texas D.A.R.E. Foundation, 7120 Rufe Snow Drive, Building 106, Suite 183, Fort Worth, Texas 76180. ARTICLE 12. LEGAL CONSTRUCTION § 12.01. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the agreement, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been included in the agreement. j arrod/troph y/dare. Ica ARTICLE 13. DUTIES OF D.A.R.E. OFFICER § 13.01. The Texas Dare Foundation officer working as a reserve peace officer will be available to assist with a declared emergency within Lessor's jurisdiction during the regular business hours of 8:00 a.m. to 5:00 p.m.. § 13.02. The Texas D.A.R.E. Foundation officer working as a reserve peace officer will be armed while in the Town of Trophy Club Department of Public Safety building. Marshall Engelbeck, Mayor Town of Trophy Club -2 i C-, Date jarrod/trophy/dare.lea Paul Patton, President Texas D.A.R.E. Foundation Date