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Fulton Renta Property Lease-4736-Renewal PricingcIT Y OF DENTON '.MATERIALS MANAGEMENT DIVISION : , 901-B TEXAS STREET • DENTON, TEXAS 76209 (940) 349-7100 FAX(940)349-7302 February 25, 2016 Mr. Gonzalo C. Nunez 1024 North Ruddell Street 'Denton, TX 76209 Re: File # 4736 — Six Month Fulton Rental Property Lease Renewal Dear Mr. Nunez: The City of Denton would like to renew the rental property located at 1024 North Ruddell Street, Denton Texas. This will be a lease from February 28, 2016 till Auzust 28, 2016. This lease will be automatically renewed unless written notice of termination is given by either party at least (60) days before the end of the above lease term, or any renewal or extension period, or unless a subsequent lease is signed by both parties. The rental amount due is $230.00 and is due the first of each month. Please send your rental payment to the City of Denton, Purchasing Office, 901 B Texas, Denton,TX 76209. If you are in agreement with this, please sign below and return to my attention. If you have any questions, please give me a call at (940) 349-7133. Best regards, 0 Elton D. Brock, MBA, CTPM, CTCM, C.P.M. Manager, Materials Management Division 901 B Texas Street Denton, Texas 76209 Office 940-349-7133 Cc: File # 4736 AM -1 -4 onzalo C. Nunez Date "Dedicated to Quality Service" www.cityofdenton.com 34. Notices: All notices under this lease must be in writing and are effective when Lund delivered, sent by mail, or sent by facsimile transmission to: Tenant at the Property and a copy to: Landlord c/o If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Tenant SS# DL# Tenant SS# Name:AYtri 1�11��1[ Z Phone: :9) 183NI L Address:I 5 l� /7/-�'ttV6 �}hn- E-Mail: mnm F �— EXECUTED THIS /4 DAY OFIM 201�6, O) r,nusefG ,c! Elton D. Brock Manager, Materials and Purchasing City of Denton 901B Texas Street Denton, Texas 76209 940-349-7133 jC0ItTFY DENTON MATERIALS MANAGEMENT DIVISION • 901-B TEXAS STREET • DENTON, TEXAS 76209 (940) 349-7100 • FAX(940)349-7302 February 25, 2016 Mr. Gonzalo C. Nunez 1024 North Ruddell Street Denton, TX 76209 Re: File # 4736 Six Month Fulton Rental Property Lease Renewal Dear Mr. Nunez: The City of Denton would like to renew the rental property located at 1024 North Ruddell Street, Denton Texas. This will be a lease from February 28, 2016 till August 28, 2016. This lease will be automatically renewed unless written notice of termination is given by either party at least (60) days before the end of the above lease term, or any renewal or extension period, or unless a subsequent lease is signed by both parties. The rental amount due is $230.00 and is due the first of each month. Please send your rental payment to the City of Denton, Purchasing Office, 901 B Texas, Denton,TX 76209. If you are in agreement with this, please sign below and return to my attention. If you have any questions, please give me a call at (940) 349-7133. Best regards, fr Elton D.rock, MBA, CTPM, CTCM, C.P.M. Manager, Materials Management Division 901 B Texas Street Denton, Texas 76209 Office 940-349-7133 Cc: File # 4736 Mr. Gonzalo C. Nunez Date "Dedicated to Quality Service" www.cityofdenton.com CITY of DENTON RESIDENTIAL LEASE File # 4736 1. PARTIES: This lease agreement is between The City of Denton, Landlord/Owner and Gonzalo C. Nunez and Family, Tenant (s). 2. LEASED PREMISES. Landlord/Owner leases to Tenant (s), and Tenant (s) leases from Landlord/Landlord's Agent, said real property with the improvements, located at the following address: 1024 North Ruddell Street, Denton, Denton County, Texas, together with the following non -real property items: The real property and the non -real property are collectively called the "Property". 3. LEASE TERM. • The term of this lease will be for a period of not less than 6 month(s), beginning on February 28, 2016, and ending on August 28, 2016. This lease will be automatically renewed unless written notice of termination is given by either party at least (60) days before the end of the above lease term, or any renewal or extension period, or unless a subsequent lease is signed by both parties. 4. RENT. Tenant agrees to pay Landlord/Landlord's Agent, located at 901B Texas Street, Denton, Denton County, Texas, rent for the lease property. MONTHLY RENT: Tenant agrees to pay monthly lease payments of $230.00 due on or before the V day of each month, beginning June 1 st, 2011. All monthly rental payments are due and payable in advance of the 1 st day of each month. If any rental payment is not paid if full on or before the 5' day of that month, Tenant agrees to pay late charge of 10% of the total monthly rental charge. Tenant also agrees to pay Landlord/Landlord' Agent an additional sum of five -dollars ($5.00) per day for each day that the rental payment is not paid in full on/after the 5' of the month that the rental payment is due. Tenant also agrees to pay the additional sum of $35.00 for any check given as payment that is returned by the bank for insufficient funds or stopped payment. S. RENT INCREASES: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant. 6. PLACE OFPAYMENT. Unless this lease provides otherwise, Tenant will remit all amounts due to the Landlord under this lease to the following person or entity at the place state and make all payment payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: City of Denton Entity: Purchasing Department Address: 901B Texas Street, Denton, Texas Notice: Place the property address and Tenant's name on all payments Z SECURITYDEPOSIT.• Tenant agrees to pay to Landlord/Owner, upon execution of this lease, the sum of (WAIVED) as a Security Deposit for the faithful performance of the terms and conditions of this lease agreement by Tenant. Landlord agrees to hold such deposit for Tenant and it is understood that Tenant's claims to such deposit will be prior to any creditor of Landlord/Owner except a trustee in bankruptcy.The rights and obligations of the parties regarding the Security Deposit are as follows: (a.) REFUND: (THIS SECTION IS NOT APPLICABLE AT THIS TIME, AS NO DEPOSIT IS HELD BY CURRENT LANDLORD/OWNER.) Refund the Security Deposit by Landlord/Owner will be conditioned upon the following: I. All rents must be paid through the last day of the initial lease term or any extension. 2. The term of the lease and any extension must be ended. 3. Tenant must give Landlord/Owner at least thirty (30) days written notice of his/her intention to vacate the premises prior to the last day of the lease term or any extension. 4. Tenant must vacate the premises on or before the date specified in the notice to the Landlord/Owner. 5. Tenant must provide Landlord/Owner, in writing, notice of Tenant's forwarding address. 6. Tenant must have the premises in clean condition. Notices about Security Deposits. (1) —92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) —Bad faith violations of 92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) —The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the Landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account (4) `Surrender" is defined as listed in this lease agreement (S) One may view the Texas Property Code at the Texas Legislature's website which is www.canitoLstate.txus/statutes/nptoc/lttml. (b.) AMOUNT OF REFUND: Tenant will receive the full amount of Security Deposit, less the re -keying fees, damages, or unpaid obligations owed by Tenant to Landlord/Owner, including, but not limited to, unpaid delinquent rents, unpaid late charges, unpaid utilities, unpaid pet charges, replacing unreturned keys, garage door openers, security devices or other components, the removal of unauthorized locks or fixtures installed by tenant, packing, removing, and storing abandoned property, removing abandoned or illegally parked vehicles, cost of reletting if tenant is in default, cost of damages or repair to the leased premises, re -keying charges, cleaning charges, and attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant. After subtracting lawful deductions, the Security Deposit balance and an itemized list of deductions will be mailed to Tenant within thirty (30) days after the expiration of the lease term and any extension or surrender of the leased premises by the Tenant, whichever occurs later. Tenant agrees to pay Landlord/Owner any excess or lawful deductions over the amount of the Security Deposit. (c.) RELEASE: Landlord's Agent/Landlord has the right to require a release from the tenant and the landlord prior to the disbursement of the Security Deposit. NOTICE TO TENANTS: If your lease does not allow for pets on the premises, in the event you acquire a pet during the term of this lease, and fail to give proper notice to the Landlord/Owner or his Agent and gain written premises and pay the appropriate Pet Deposit, this will be sufficient cause to terminate your lease and forfeit all monies paid for Rents and Security Deposits. 6. USE: The leased premises will be used only as a single family residence and Tenant will not permit the lease premises, or any part to be used for: a. the conduct of any offensive, noisy or dangerous activity that would increase the premiums for fire insurance on the lease premises; nor any business of any type, including but not limited to child care; or b. the creation of maintenance of a public nuisance; or c. anything which is against public regulations or rules of any public authority at any time applicable to the leased premises; or any illegal or unlawful activity; or d. Any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other tenants of adjoining property owned by the Landlord; or e. Tenant must promptly inform Landlord of any changes in Tenant's phone numbers, not later than 5 days after a change; or f. Any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant. g. Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owner's association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. h. Landlord is not obligate to pay any non -mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). THE TOTAL NUMBER OF ADULTS AND CHILDREN RESIDING ON THE LEASED PREMISES WILL NOT EXCEED (INSERT NUMBER). 7. PETS: Landlord/Owner will ( ) will not ( ) allow pets. Tenant may ( ) may not (x) have pets on the premises. Tenant agrees to pay $300.00 Pet Deposit per pet, provided this provision in the contract is amended and agreed upon by both parties. 8. UTILITIES: Tenant will pay all utility charges, which will be paid by Landlord/Owner during the term of this lease. Utilities must be transferred within 24 hours after leasing unit. 9. INDEMNITYAGREEMENT: Tenant agrees to indemnify and hold Landlord/Owner and the property of the Landlord/Owner, including the leased premises, free and harmless from any and all liability for injury to or death of any person; including Tenant, employees, or guests of Tenant, or for damage to property arising from the use and occupancy of the leased premises by Tenant or from the act or omission of any person or persons, including Tenant, employees, or guests of Tenant, in or about the leased premises with express or implied consent of Tenant. 10. ALTERATIONS AND IMPROVEMENTS: Tenant will make not alterations to the buildings on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of the Landlord/Owner. Any such alterations, changes, and improvements consented to, other than movable personal property, will, unless otherwise provided by written agreement between Landlord and Tenant, be the property of Landlord and remain on the leased premises at the expiration, or sooner termination of this lease. Tenant will not remove Landlord's fixtures or furniture from the property for any reason. Tenant will not paint, carpet, wallpaper, etc., without the prior written consent of Landlord/Owner. 11. DESTRUCTION OF PREMISES: Should any building or improvements on the leased property be damaged or destroyed by fire, the elements, acts of GOD, or other causes not the fault of Tenant, or of any person in or about the leased premises with the express or indirect consent of Tenant, they will be repaired by Landlord/Owner at his/her own cost and expense and the rent payable by Tenant pursuant to this lease will be abated to the extent such damage or destruction renders the leased premises uninhabitable by Tenant. Provided, however, that should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed 80% of the replacement cost of all buildings and improvements now located on the premises, Landlord/Owner may, at his/her option, either repair and restore the damaged buildings and improvements, or terminate this lease and return to Tenant any unearned rent paid under this lease. 12. CONDITION OF PREMISES: Tenant has thoroughly inspected and accepts the leased premises as is, except for conditions materially affecting the health or safety of ordinary person, and Landlord/Owner has made no implied warranties as to the condition of the leased premises. Within forty -eighty (48) after move -in, Tenant will note in writing any defects of damage to the leased premises and deliver or mail said notification to Landlord/Owner; otherwise, the leased premises will be deemed to be in clean, secure/good condition. Tenant agrees to surrender the leased premises at the end of the term of this lease and any extension in clean, secure/good condition without damage except as noted above prior to occupancy, reasonable wear and tear accepted. Reasonable wear and tear means wear, which occurs without negligence, carelessness, accident, or abuse. If Tenant fails to thoroughly clean the leased premises, including the yard, prior to move -out, reasonable charges to complete such cleaning will be deducted from the Security Deposit. 13. MAINTENANCE OF LEASED PROPERTY: (x ) Tenant ( ) will maintain the yard and all landscaping on the leased premises by watering, weeding, mowing the grass and trimming the shrubs so as to maintain a good appearance. "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owner's association. Tenant will, at his/her own expense, maintain during the term of this lease, the leased premises and the buildings and improvements on the leased premises in as good order, repair, and safe/clean condition as they were in, on the effective date of this lease. The only exception to this requirement is when the condition materially affects the physical health and safety of an ordinary Tenant and Tenant is not delinquent in the payment of rent. In such circumstances, Tenant agrees to provide written notice and request for repair of such condition to the Landlord/Owner, except in an emergency when telephone calls are included under this provision. Landlord/Owner will have the right to temporarily turn-off equipment and interrupt utilities to avoid damage to property and to perform repairs or maintenance, which requires such interruption. Landlord/owner will act with due diligence in making repair and the lease will continue and rent will not abate during such periods. Completion of Repairs requested: a. Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace tl:e item, and the selection of contractors, will be at the Landlord's sole discretion. b. Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. c. Payment of Repair Costs: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay, the first $100.00 dollars of the cost to repair each condition in need of repair, and Landlord will pay the remainder, except for the following conditions which will be paid as follows: Repairs that Landlord will pay entirely: Landlord will pay the entire cost to repair: • A condition caused by the Landlord or the negligence of the Landlord • Wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or matfunctioning equipment • A condition that adversely affects the health or safety of an ordinary tenant which is not caused by Tenant, an occupant, a member of Tenant's family, or a guest or invitee of Tenant • A condition in the following items which is not caused by Tenant or Tenant's negligence Heating and air conditioning systems Water Heaters Water penetration from structural defects Repair that Tenant will pay entirely: Tenant will pay Landlord or any contractor Landlord directs Tenant to pay the entire cost to repair: • A condition caused by Tenant, an occupant, a member of Tenant's family, or a guest or invitee of Tenant (a failure to timely report an item in need of repair or the failure to properly maintain an item may cause damage fro which Tenant may be responsible) • Damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the property • Damage to doors, windows, or screens • Damage from windows or doors left open Trip Charges. If Landlord or a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charges incurred Smoke Detectors: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Requests for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject the Tenant to civil penalties and liabilityfor damages and attorney fees under —92.2611, Property Code. 14. ILLEGAL ACTIVITY: Tenant will not engage in any illegal activity nor will the tenant allow any illegal activity to be conducted on the property by any guest of the tenant. The tenant must report any illegal activity or evidence of illegal activity to the local law enforcement agency having jurisdiction over the property, and to the landlord/landlord's agent, including but not limited to vandalism or unauthorized occupancy of any other unit within the property. 15. ASSIGNMENT AND SUBLETTING: Tenant will not assign this lease nor sublet the leased property. An assignment will be void and will, at the option of the Landlord, terminate this lease. 16. DEFAULT: Should Tenant default in the prompt payment of rent when due, or violate any of the provisions of this agreement. Landlord/Owner may send written notice of such default by mail or otherwise to the demised property, and unless Tenant will completely cure such default within three (3) days after sending such notice. Landlord/Owner may terminate this lease and regain possession of the leased property in,the manner provided by the laws of the State of Texas in effect at the date of such default. 17. RIGHT OF INSPECTION: Landlord/Owner and his/her Agents have the right, at all reasonable times during the term of this lease, to enter the leased premises for the purpose of inspecting all buildings and improvements. 18. ABANDONED PROPERTY: All property in or about the premises after Tenant vacates the property will be considered abandoned and the Landlord/Owner may dispose of same as he will see fit without compensation to Tenant. 19, LIEN: Landlord/Owner is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of this lease. In the event of default, Landlord/Owner or his Agents may peaceably enter the leased premises and remove all property, except those items exempt by State Law, and dispose of same, as Landlord/Owner will see fit. 20. LANDLORD'S LIABILITY: Landlord will not be liable to Tenant, his/her Guests, other occupants for any damages or losses to person or property caused by other residents or other persons, theft, burglary, assault, vandalism or other crimes. Landlord/Owner will have no duty regarding door locks and window latches other than to keep existing locks and latches in good repair subject to Tenant's obligation to give written notice of needed repair. Tenant has inspected existing locks and latches and agrees that they are safe and acceptable. Upon payment of a reasonable charge, Tenant will have the right to require Landlord/Owner to change a door lock. Tenant will not change any lock or place any deadholt (s) without the written permission of Landlord/Owner. If Tenant changes any lock, he must provide Landlord/Owner with two copies of the key to that lock, Landlord/Owner will not be liable for personal injury or damage of loss of Tenant's personal property (fumiture, jewelry, clothing, etc.) from fire, water, rain, hail, smoke, explosions, sonic booms, or other causes whatsoever, unless She same is due to the negligence of the Landlord/Owner. Landlord strongly recommends that Tenant secure his/her own insurance to protect himself/herself against all of the above occurrences. If any Landlord's Agents are requested to render any services, such as handling furniture, cleaning, delivering packages, or any other service not contemplated in this lease, such person will be deemed the Agent of the Tenant regardless of whether payment is arranged for such service and Tenant agrees to hold Landlord Owner harmless from all liability in connection with such service. 21. REIMBURSEMENT BY TENANT: Tenant agrees to reimburse Landlord/Owner for any loss, property damage, or cost of repairs or service ( including plumbing trouble and yard maintenance) caused by negligence or improper use or care by Tenant, his Agent, family or Guests, Landlord's obligations for plumbing, doors, windows and screens are limited and waived to the following extent: (a.) any damage to doors, windows or screens will be paid by Tenant unless due to negligence of Landlord, and (b.) during occupancy, Tenant will be responsible for all plumbing stoppages in lines exclusively serving the leased premises and for damages from windows or doors left open. Such reimbursement is due when Landlord makes demand, Landlord's failure or delay in demanding damage reimbursement, late payment charges, returned check charges or other sums due by Tenant will not be deemed a waiver and Landlord/Owner may demand same at any time, including move out. 2Z. ACCELERATION: All monthly rentals for the remainder of the lease term or renewal or extension period will be accelerated automatically without notice or demand (either, before or after acceleration) and be immediately due and delinquent if. (a.) resident moves out, removes property in contemplation of moving out, or gives verbal or written notice (in person or by co -occupant) of intent to move prior to the end of the lease tern or renewal or extension period and (b.) Rentals for the entire lease term and renewal or extension period have not been paid in full. Remaining rents will likewise be accelerated if resident is evicted. Such right of acceleration is in lieu of having rental for the entire lease term payable at the beginning of the lease. 23. SIGNS: During the last thirty (30) days of this lease, a "for sale" sign and/or a "for lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers/and or tenants. 24. WAIVER OF BREACH: The waiver by Landlord/Owner of any breach of any provision of this lease will not constitute waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 15. TIME OF ESSENCE: Time is expressly declared to be of the essence in this lease. 26. BINDING HEIRS AND ASSIGNS: Subject to the provisions of this lease pertaining to the assignment of the Tenant's interest, all provisions of this lease will extend to and bind or inure to the benefit of, not only the parties to this lease but to each and every one of heirs, executors, representatives, successors and assigns of Landlord/Owner or Tenant. 27. RIGHTSAND REMEDIES CUMULATIVE: The rights and remedies provided by the lease agreement are cumulative and the use of any one right or remedy by either party will not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 28. TEXAS LAW TO APPLY: this agreement will be construed under and in accordance with the laws of the State of Texas. 29. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this agreement will for any reason be held invalid, illegal, or unenforceable, in any respect, such invalidity, illegality, or unenforceability will not affect any other provision and this agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained. 30. PRIOR AGREEMENTS SUPERSEDED: this agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreements between parties respecting the subject matter of this lease. 31. AMENDMENT: No amendment, modification or alteration of the terms will be binding unless it is in writing, dated subsequent to the date, hereof and duly executed by all of the parties, except the following which are made part of this lease. 32. ATTORNEY'S FEES: Any signatory to the lease who is the prevailing party in any legal proceeding against any other signatory, brought under or with relation to his lease agreement or this transaction will be additionally entitled to recover court costs, reasonable attorney fees and all other out-of-pocket costs of litigation, including deposition, travel and witness costs, from the non -prevailing party. 33. SPECIAL PROVISIONS: 34. Notices: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by facsimile transmission to: Tenant at the Property and a copy to: Landlord c/o If all occupants over IS years of age die during this lease, Landlord may: (i) permit the person named to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: _ Address: E -Mail: Tenant 6X3 DL# Tenant SS# DL# EXECUTED THIS DAY OF , 2011. a Elton D. Brock Manager, Materials and Purchasing City of Denton 901B Texas Street Denton, Texas 76209 940-349-7133