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HomeMy WebLinkAbout2001-472llau r prcumeni✓oNiwwoarol/0mtlpnne umpa/ery Medrymlwe leaeo tloc ORDINANCE NO MI-- A AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, due to environmental conditions at the Central Fire Station, there is a need to provide temporary quarters for the fire personnel who were housed there, and WHEREAS, the City Council deems it in the public interest to enter into a lease with Sue Burt for those temporary quarters, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to enter into a lease agreement between the City of Denton and Sue Burt, a copy of which is attached hereto and incorporated by reference herein SECTION 2 That the City Manager is authorized expend funds as required by the attached contract SECTION 3 That this ordinance shall become effective immediately upon its passage and approval th PASSED AND APPROVED this the _j day of 0&de17&4UL , 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY M Y/AS TO LEGAL FORM L PROUTY, CITY ATTORNEY BY C- ' LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT Date December 1, 2001 ("Effective Date") Landlord Sue Burt 216 W Oak Denton, TX 76201 Tenant City of Denton, Texas 215 E McKinney Denton, TX 76201 Premises The real property and improvements commonly known as 218 W Oak, Denton, Denton County, Texas, except however, Landlord shall retain the full use and rights of possession to 2700 square feet of said improvements, more or less, being the south 53 5 feet of said improvements that face Oak Street Base Rent (monthly), Total rent shall be $25,200 and shall be due and payable in equal monthly installments of $2,100 00 each, with the first installment due on December 1, 2001 and thereafter due and payable on the 1 st day of each and every calendar month of the lease term Commencement Date Termination Date Security Deposit Use of Premises December 1, 2001 November 30, 2002 NONE Any use related to the activities of the City of Denton Fire Department as determined by the Fire Chief of the City of Denton Fire Department and subject to the prior approval of Landlord for any use of premises not directly related to the Denton Fire Department Amount of Liability and Property Insurance As determined by the Fire Chief of the City of Denton Fire Department and subject to the prior approval of Landlord Landlord understands that Tenant is a self -insured governmental entity and that upon adequate evidence of self insurance, Landlord will accept self insurance instead of liability insurance Landlord shall pay for fire and extended coverage insurance on the property in the amount set forth in Paragraph C 4 below and maintain coverage during the term of this lease Terms and Definitions. "Rent" means base rent due Landlord by Tenant "Landlord" means Landlord and its agents, employees, invitees, licensees, or visitors "Tenant" means Tenant and its agents, employees, invitees, licensees, or visitors "Essential Services" means heating, ventilating, air conditioning, water, and utility connections reasonably necessary for occupancy of the premises for the use stated above LEASE CLAUSES AND COVENANTS A Tenant agrees as follows 1 To lease the premises for the entire term beginning on the commencement date and ending on the termination date, unless the improvements are partially or totally damaged by fire, water, or other similar causes, in which case Tenant and Landlord may agree to terminate the lease by written notice from each party subject to Paragraph E 5 below 2 To examine and accept the premises in their present condition "as is," the premises being currently suitable for Tenant's intended use 3 To obey all laws, ordinances, orders, and rules and regulations applicable to the use, condition, and occupancy of the premises, including the rules and regulations of the budding adopted by Landlord 4 To pay monthly, in advance, on the first day of the month, the base rent to Landlord at Landlord's address 5 To pay a late charge of 5 percent of any monthly rent not received by Landlord by the tenth day of the month in which the rent is due 6 To pay for all utility services to the budding, it being expressly understood that there are no separate utility meters for the portion of the building retained by Landlord and the leased premises to be used by Tenant Landlord shall not provide any utility service to Tenant and shall not pay for any utility services to the Budding 7 To repair and maintain the leased premises Landlord shall not be obligated to repair, replace and / or maintain any part of the leased premises except as set forth in Paragraph C 5 below Tenant further agrees to repair any damage to the premises directly resulting from the negligence or activities of Tenant 8 To secure Landlord's prior approval and consent of any intended leasehold improvements to the leased premises Tenant agrees to secure all the necessary permits for any intended improvements to the property and further agrees to be solely responsible for the payment of all expenses and costs associated with any such improvements 9 To maintain public liability insurance or self insurance for the leased premises and the conduct of Tenant's business, as indicated in the Paragraph entitled "Amount of Liability and Property Insurance " 10 To deliver certificates of insurance to Landlord when requested 11 To allow Landlord to enter the premises to inspect the premises and show the premises to prospective purchasers or tenants 12 To vacate the premises on termination of this lease B. Tenant agrees to refrain from the following 1 To use the premises for any purpose other than that stated in the basic lease terms and definitions 2 To (a) create a nuisance, (b) interfere with any other tenant's normal business operations or Landlord's management of the building, (c) permit any waste, or (d) use the premises in any way that is extra hazardous, would increase insurance premiums, or would void insurance on the budding 3 To alter the premises without Landlord's prior approval and written consent 4 To allow a lien to be placed on the premises 5 To assign this lease or sublease any portion of the premises 6 To use any part of the premises for temporary or permanent parking of fire department vehicles or personal vehicles of staff or personnel C Landlord agrees as follows 1 To lease to Tenant the premises for the entire term beginning on the commencement date and ending on the termination date 2 To obey all laws, ordinances, orders, and rules and regulations applicable to the use, condition, and occupancy of the budding 3 To provide normal utility service connections to the budding, subject however, to Paragraph A 6 above 4 To insure the budding against all risks of direct physical loss in an amount equal to at least 90 percent of the full replacement cost of the budding as of the date of the loss and liability, Tenant will have no claim to any proceeds of Landlord's insurance policy 5 To maintain the foundation, the exterior walls and the roof of the leased premises In good repair Landlord shall not be obligated to repair, replace and / or maintain any part of the leased premises damaged as a result of the negligence or activities of Tenant D Landlord agrees to refrain from the following 1 Interfere with Tenant's possession of the premises as long as Tenant is not in default 2 Unreasonably withhold consent to intended leasehold improvements by Tenant E Landlord and Tenant agree to the following 1 Alterations Any physical additions or improvements to the premises made by Tenant will become the property of Landlord Landlord may require that Tenant, at termination of this lease and at Tenant's expense, remove any physical additions and improvements, repair any alterations, and restore the premises to the condition existing at the commencement date, normal wear and tear excepted 2 Abatement Tenant's covenant to pay rent and Landlord's covenants are independent of each other Except as otherwise provided, Tenant shall not be entitled to abate rent for any reason 3 Release of Claims/Subrogation Landlord and Tenant release each other from any claim, by subrogation or otherwise, for any damage to the premises, the building, or personal property within the budding, by reason of fire or the elements, regardless of cause, including negligence of Landlord or Tenant This release applies only to the extent that it is permitted by law, the damage is covered by insurance proceeds, and the release does not adversely affect any insurance coverage 4 Notice to Insurance Companies Landlord and Tenant will notify the issuing insurance companies of the release set forth in the preceding paragraph and will have the insurance policies endorsed, if necessary, to prevent invalidation of the insurance coverage 5 Casualty/Total or Partial Destruction (a) If the premises are damaged by casualty and can be restored within ninety days, Landlord will, at its expense, restore the premises to substantially the same condition as they existed before the casualty If Landlord fails to complete restoration within ninety days from the date of written notification by Tenant to Landlord of the casualty, Tenant may terminate his lease by written notice to Landlord (b) If the premises cannot be restored within ninety days, Landlord has an option to restore or not to restore the premises If Landlord chooses not to restore, this lease will terminate If Landlord chooses to restore, it will notify Tenant of the estimated time to restore and give Tenant an option to terminate this lease by notifying Landlord within ten days If Tenant does not terminate this lease, it shall continue and Landlord shall restore the premises as provided in (a) above (c) To the extent the premises are uninhabitable after the casualty and the damage was not caused by Tenant, the rent will be abated or adjusted as may be fair and reasonable 6 Condemnation/Substantial or Partial Taking (a) If the premises cannot be used for the purposes contemplated by this lease because of condemnation or purchase in lieu of condemnation, this lease will terminate (b) If there is a condemnation or purchase in lieu of condemnation and this lease is not terminated, Landlord will, at Landlord's expense, restore the premises, and the rent payable during the unexpired portion of the term will be adjusted as may be fair and reasonable (c) Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation 7 Default by Landlord/Events Defaults by Landlord are (a) fading to comply with any provision of this lease within thirty days after written notice by Tenant or (b) fading to provide essential services to Tenant within ten days after written notice 8 Default by Landlord/Tenant's Remedies Tenant's remedies for Landlord's default are to (a) sue for damages, and (b) if Landlord does not provide an essential service for thirty days after default, terminate this lease 9 Default by Tenant/Events Defaults by Tenant are (a) failing to pay timely rent, (b) abandoning or vacating a substantial portion of the premises, or (c) failing to comply within ten days after written notice by Landlord, with any provision of this lease other than the defaults set forth in (a) and (b) above 10 Default by Tenant/Landlord's Remedies Landlord's remedies for Tenant's default are to (a) enter and take possession of the premises, after which Landlord may relet the premises on behalf of Tenant and receive the rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet, (b) enter the premises and perform Tenant's obligations, or (c) terminate this lease by written notice and sue for damages Landlord may enter and take possession of the premises by self- help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the premises, until the default is cured, without being liable for damages 11 Default(Warver/Mitigation It is not a waiver of default if the nondefaulting party fads to declare immediately a default or delays in taking any action Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by law Landlord and Tenant have a duty to mitigate damages 12 Holdover If Tenant does not vacate the premises following termination of this lease, Tenant shall be a tenant at will and shall vacate the premises on receipt of notice from Landlord No holding over by Tenant, whether with or without the consent of Landlord, will extend the term 13 Alternative Dispute Resolution Landlord and Tenant shall submit in good faith to mediation before filing a suit for damages 14 Attorney's Fees If either party retains an attorney to enforce this lease, the prevailing party is entitled to recover reasonable attorney's fees 15 Venue Venue is in the county in which the premises are located 16 Entire Agreement. This lease is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to the expressly mentioned exhibits and riders not incorporated in writing in this lease 17 Amendment of Lease This lease may be amended only by an instrument in writing signed by Landlord and Tenant 18 Limitation of Warranties There are no implied warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this lease, and there are no warranties that extend beyond those expressly stated in this lease 19 Notices Any notice required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mad, return receipt requested, and addressed to Landlord or Tenant at their addresses 20 Abandoned Property Landlord may retain, destroy, or dispose of any property left on the premises at the end of the term CITY OF DENTON, TEXAS SUE BURT, Lantl ord Date BY MICHAFI A CONDUFF, Ctry Manager Date /a "'o NIF WALTERS, City Secretar Date b h , e.Lra3� H RBERT L PROUTY, City Attorney Date