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Home My WebLink About2000-253S Out ooc nuW n4�Texw BYilft I adw ORDINANCE NO pIO -A' -& AN ORDINANCE APPROVING A COMMERCIAL LEASE CONTRACT BETWEEN THE CITY OF DENTON AND SCOTT BROWN PROPERTIES, INC, LANDLORD, MANAGER AND AGENT FOR ASH PROPERTIES RELATING TO THE LEASE OF OFFICE SPACE AT THE TEXAS BUILDING LOCATED AT 100 W OAK ST , SUITES 101 AND 107, DENTON, TEXAS 76201, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Commercial Lease Contract between the City and Scott Brown Properties, Inc , landlord, manager and agent for Ash Properties, in substantially the form of the Commercial Lease Contract which is attached to and made a part of this ordinance for all purposes, for the lease of office space at the Texas Building, located at 100 W Oak St , Suites 101 and 107, Denton, Texas 76201 SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Commercial Lease Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY AP?OVED AS TO LEGAL FORM HERBERT L PROUTY, CIYY4okTTORNEY BY SCOTT BROWN PROPERTIES, INC. RESIDENTIAL AND COMMERCIAL LEASING 1400 Dallas Dr Suite B Denton, Texas 76205 E-Mail SBP RFNTii%JUNO COM (940) 243-RENT (940) 483-SFAX PRO -RATED RENT COMMERCIAL LEASE CONTRACT- TEXAS BUILDING Date Signed 1 PARTIES Tins lease is between The City of Denton, hereinafter referred to as "Tenant" for the property located at 100 W Oak St, Suite 101 & 107, Denton, Texas 76201, "The Texas Building", and Scott Brown Properties, Inc, Landlord /Manager /Agent for Ash Properties at 1400 Dallas Dr, Suite B, Denton, Texas 76205 2 RENT Tenant will pay $1,700 00 per month for rent, on or before the 1st day of each month (the due date) If all rent is not paid by the 31" day of of each month, tenant agrees to pay an initial LATE CHARGE of $25 00 plus a late fee of $3 00 per day thereafter, until paid in full On the 7" day of each month, if you are still delinquent with rent, you will be reported to the major credit bureaus (TRW Equifax) and will be Judicially Evicted Tenant agrees to pay a CHARGE (NSF FEE) of $40 00 (cash or money order) for EACH returned check, plus initial and additional late charges All rent to bepaid to Ash Properties. Inc % Scott Brown Properties @ 1400 Dallas Dr, Suite B Denton, Texas76205 3 SECURITY DEPOSIT Tenant agrees that security deposit shall be the sum of $1,700 00 No interest will be paid to Tenant on the security deposit Upon move -out, a visual inspection and walk through of the property are required by Scott Brown Properties, Inc ("SBP' ) Damages will be deducted fiutn the deposit amount (Also see Sec 4, 6, 7 12, 15) Texas Property Code provides that Tenant may not withhold payment of any portion of the last mouth's rent on grounds that the security deposit is security for any unpaid rent. Bad faith violations subject Tenant to liability up to three times the rent wrongfully withheld and the Landlord's reasonable attorney fees 4 APPLICATION OF FUNDS Landlord will apply all funds received from Tenant first to any non -rent obligations of Tenant including late charges, returned check charges, unpaid security deposit balances, charge -backs for repairs, brokerage fees and periodic utilities then to rent regardless of any notations on the check, money order or cash 5 LEASE TERM The initial term of the lease shall commence on the W day of August, 2000 and end on the 31" day of October, 2001 A new lease contract or extension must be signed by both parties 30 days before the end of the above lease term, unless termination notice is given by either party The total rent due for the term of the lease herem shall be $24,650 00 6 AUTOMATIC RENEWAL AND NOTICE OF TERMINATION This lease will automatically renew on a month -to -month basis unless either party provides the other party written notice of termination at least thirty (30) days before the termination date VERBAL NOTICE IS NOT SUFFICIENT UNDER ANY CIRCUMSTANCES If this lease is automatically renewed on a month -to -month basis, a $50 00 monthly fee will be added to your rent Either party may terminate the renewal of this lease by providing written notice to the other party and the renewal will terminate on the lasts day of the month in which the notice is given if notice is given on the FIRST day of the month If the notice is given on a day other than the FIRST day of the month, the renewal will terminate on the lasts day of the month following the month in which the notice was given 7 MOVE -OUT NOTICE and EARLY MOVE -OUT At least 30 days WRITTEN notice of intent to move out must be given to SBP (Which must be given on the 1st day of the month) You must also come in to the office and sign a 30 day release notice, if this form is not filled out, your 30 day written notice will be null and void In NO event may tenants move -out notice terminate the lease sooner than the end of the lease term If you do, you will be liable to SBP for a re-lettmg charge (not to exceed 85% of the lughest monthly rent during the Lease Contract) of $1,445 00, you automatically forfeit your full deposit to SBP andyou will be responsible for paying the remainder of the rent each month until it has been re -tented You will be liable to adhere to these s if you Tenan4 I SBP A) Fail to give a 30 day WRITTEN move -out notice B) Move out without SBP written approval and without paying rent in full for the ENTIRE Lease Tenn C) Move out at SBP demand because of your default D) If you are judicially evicted 8 RULES and ULAT ONS Tenant shall comply with any and all written rules and regulations, which shall be considered part of this lease contract SBP may make reasonable rule changes in writing and distribute to all tenants Tenant agrees that the conduct of tenant and guests shall not be disorderly, boisterous or unlawful Tenant shall be liable to owner for damages caused by tenant or guests The property reserved for tenants private use shall be kept clean and sanitary by tenant SBP may regulate the manner, time, and place of all parking Tenant shall be in comphance wrthany and all requirements from City, State and/or Federal authorities for such as pemuts, licenses and such as may be appropriate for the facility being leased and/or the business being operated on the leased premises and shall remain in full compliance at all tines 9 CONDITION Off' THE PREMISES ON MOVING IN OR OUT Property is expected to be in same condition at time of move -out as it was at tune of move-m, reasonable wear is accepted SBP makes NO implied warranties Tenant will, at their own expense, replace any and all light bulbs and air filters Unless otherwise noted, agreed to the property is leased "as is' Any and all repairs, improvements, etc to be made at the expense of the Tenant The property is to be left in as good or better condition upon move out 10 LIABILITY SBP will not be liable to Tenant or Tenant's guests for any damages or losses to person or property caused by other persons, including theft, burglary, assault, vandalism, or other crimes SBP will not be liable to Tenants or guests for personal injury or for damage to or loss oftheirpersonal propertyfrom fie, flood, water leak, ram, hail, ice snow lightning, wind explosion, interruption of utilities or other occurrences SBP strongly rccommends that tenant secure their own insurance to protect against all of the above occurrences Tenant will obtain appropriate insurance coverages as may be required depending on the facility being leased and/or business being operated and in such amounts as may be deemed appropriate and/or as agreed SBP and/or the Owner of the property shall be named as additional insured with a certificate of insurance being delivered to tins office when appropriate 11 REPAIItS and MALFUNCTIONS Tenant agrees to request all repairs in WRITING to SBP except in an emergency when telephone calls will be accepted Workers shall have the rightto temporarily turn off equipment and interrupt utilities to Perform repairs Or maintenance which require interruption Landlord to ensure lights / fixtures in good working order upon move in Thereafter -tenant responsible for replacement of light bulbs Landlord will maintain HVAC, electrical system, ballasts in light fixtures and all common areas In case of malfunction of utilities or damage by fire, water, or smular cause, tenant shall notify manager immediately The lease shall continue and rent shall not abate during such periods If damages are substantial, SBP may terminate this lease in writing In this case rent shall be pro -rated and the balance of deposits refunded It Landlord or a repair person is unable to access the property after making arrangements with Tenant to complete the repair, Tenant shall pay any trip charges incurred 12 REIMBURSEMENT Tenant shall promptly reimburse SBP for any loss, property damage or cost of repairs or services caused in the rent property by negligence or improper use by tenant or guests Tins includes damages to doors, windows or screens, repair costs and damages from plumbing stoppages in lines exclusively serving residents property and damages from windows or doors left open SBP may require payment at any time, including deduction from security deposit SBP may require advance payment of repairs for which Tenant is liable 13 WHEN MANAGER MAY ENTER Manager may enter Tenants property when and if delinquent rent exceeds seven (7) days 14 CONTRACTUAL LIEN and ABANDONMENT NOT APPLICABLE 15 CLEANING Upon move -out, the property must be cleaned thoroughly If Tenant fails to clean, reasonable charges to complete such cleaning will be deducted from the security deposit Tenant to provide their own janitorial service for their space 16 GENERAL RESTRICTION$ Tenant agrees not to A) Sublet or assign the unit, or any part of the unit B) Use the unit for unlawful purposes, C) Engage in or permit unlawful activities in the property, and/or i the common areas or o e project / property grounds, Tenant SBP D) Make 4 permit noises or acts that will disturb the rights of neighbors The Tenant agrees to keep the volume of any radio stereo phonograph, television or musical instrument at a level which will not disturb the neighbors 17 UTILITIES Landlord to be responsible for all utilities - including electric service water, trash, sewer, gas Tenant to be responsible for CATV, phone 18 INSURANCE 'The City of Denton is self insured 19 USE The intended and agreed upon use of the premises shall be only the following general offices No other use shall be pemutted without written approval of SBP 20 ALTERATIONSAMPROVEMENTS Any and all alterations and improvements to the premises will be permitted without the knowledge and approval of SBP Any and all such requests shall be made in writing with complete idormahonand details Unlessotherwise agreed any and all such alterations / unprovements shall be at the expense of the Tenant and shall be in full compliance with any and all applicable local, state and/or federal governmental regulations requirements codes permits licenses, etc Any and all such alterations and improvements shall become the property of the Owner and shall be left upon vacating the property or the property shall be returned to the original condition it was mat the outset of the lease as maybe agreed upon Unless specifically agreed to the space is leased in an as is condition with tenant responsible for any and all improvements, repairs, etc 21 HVACSYSTEM HVAC is a chill water two pipe system In the winter months- tenants are expected to obtain their own space heaters as it is not possible to switch from heat to a/c on days that will be cool in the morning but require a/c in the afternoon 22 SIGNAGE Tenant may have lettering placed on the wmdow(s) in place of existing lettering Landlord will provide a name plate for the door as well as listing in the building marquees in the lobby at each entrance 23 PARKING A large parking lot has been reserved for use by tenants / guests of the Texas Building on Oak St Parking is on a fast come / first served basis at no charge Ample parking is available 24 CERTIFICATE OF OCCUPANCY It is the responsibility of the tenant to comply with the requirements of the City of Denton relative to obtaming a Certificate of Occupancy Application should be made at City Hall - Building Inspection Division 25 SPECIAL PROVISIONS 26 ANY CHANGES MADE TO THIS LEASE, MUST BE MADE IN WRITING AND SIGNED BY BOTH PARTIES (TENANT AND Scott Brown Properties, Inc.) 27 PERSONAL INFORMATION Home Phone # Work Phone # D/L LICENSE # DOB WORK # EMERGENCY NAME / # Fax # E-Mail Mobile # Other Phone