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HomeMy WebLinkAbout2000-424AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON AREA TEACHERS CREDIT UNION, PROVIDING FOR THE INCREASE IN THE CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE AN DATE (ORDINANCE 98-388 LEASE OF OFFICE SPACE FOR FIRE ADMINISTRATION IN THE AMOUNT OF $36,000 00 PLUS CHANGE ORDER 1 IN THE AMOUNT OF $18,000 00, PLUS CHANGE ORDER 2 IN THE AMOUNT OF $18,000 00, CHANGE ORDER 3 PURCHASE ORDER 10777 IN THE AMOUNT OF $43,300 00) 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 Denton Area Teacher Credit Union, 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, located at 212 W Sycamore St , 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 /�/�rry/d��_ 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY , , t v`.Q�_ AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY � vc LeaseOrdmance— 010777 ATCU Second Rental Contract Extension WHEREAS the City of Denton (Fire Department) as Tenant and Denton Area Teacher's Credit Union as Owner entered into that one certain Rental Contract on the 7th day of November 1998, and; WHEREAS said contract was extended by agreement dated November 19, 1999, and; WHEREAS said extended rental contract expires on the 30th day of November 2000 and, WHEREAS both parties desire to again extend said rental contract for a period of twelve (12) months beginning December 1, 2000, and ending November 30, 2001. NOW THEREFORE, the parties agree and stipulate that the terms of the rental contract heretofore entered into by the parties, a copy of which is attached hereto for all purposes as Exhibit "A", is hereby extended for a period of twelve (12) months, ending November 30, 2001, with each party being bound by all original terms save and except the following two (2) changes shall be in effect during this extension: 1) The rental payment shall be $3,525.00 per calendar month. 2) Landlord shall furnish janitorial services for the premises on a regular basis but not to exceed three (3) times each week. SIGNED this the �y day of November, 2000. OWNER VITUANT � V, I RENTAL CONTRACT BETWEEN TENANT: THE CITY OF DENTON (FIRE DEPARTMENT), herein after referred to as tenant Telephone No. 9Yo-2Y9- AL and OWNER (LANDLORD): Denton Area Teachers Credit Union P.O. BOX 827 Denton, TX 76202 Ph 940/397-8585 (a) Persons to occupy premises. Fare Chief and office staff (F w Y ,.wlw wt. tY. .fty. yes �M:MN Wrest Alm yA�w{ M 1WlM 1 2. PROPERTY DESCRIPTION BEING all that certain tract or parcel of land lying and being situated in the William Loving Survey, Abstract 7590 Denton County, Texas, and being the same land conveyed by Nary Alice Stone to N.J. Bushey, at ux, by Dead dated February 27, 1953, recorded in Volume ass, page 406, Deed Records of said County, and the same land conveyed to Denton County Teachers Federal Credit Union by Bruce Davis, at ux, as recorded in Volume 497, Page 35, Deed Records of said County, and being more particularly described as follows: BEGINNING at a found iron pin at the Southwest corner of said Stone to Bushey Tract in the North line of Sycamore Street; THENCE North 000 03 " 53' Nest, with the West line of said stone to Bushey Treat, a,distance of 149.59 feet to a found iron pin at the Northwest corner of said tract; THENCE North 89e 36" 40* most, passing at 30.0 feet the Nest line of Block Twenty-five (25) of the original townsite of the City of Denton, Texas, and passing at 50.0 feet an iron pin at the Northeast corner of said Stone to Bushey Tract, the same being the Northwest corner of said credit Union Tract, and continuing a total distance of 96.5 feet to the Northeast corner of said Credit union Tracti :; THENCE South ode 26 " 21* West, with the East line of said Credit Union Tract, a distance of 150.24 foot to corner on the North line of Sycamore street, said corner being the southeast corner of said credit Union Tract; THENCE West with the North line of Sycamore street passing at 46.0 test the Southwest corner of said stone to Bushey Tract and continuing a total distance of 95.09 feet to the POINT OF BEGINNING and containing 0.3297 acre of land. 3 TERM OF CONTMi/98 The initial term of this agreement shall commence and end 11/30/99 , consti- tuting a twelve month period. The contract will be renewed automatically thereafter on a month to month bads. 4 NOTICE• At least 30 days written notice of intent to vacate must be given to owners prior to move -out at the and of above term or any renewal or extension period Failure to do so will result in the forfeiture of deposit In the event of renewal or extension of the rental contract, rent shell be paid through the lost day of the month following the expiration of the 30 day notice period, unless owner agrees otherwise in writing. 5 RENT: Tenant will pay $3,000.00 per calendar month for rental and shall be paid by mail or in person to Denton Area Teachers Credit Union, 212 W. Sycamore, Denton, Texas, 76201. such payments to be made on or before the first day of each month. Rent paid after the lot day of each month shall be deemed late; and if rent is not paid by the third (3rd) day Page 1 ZIA; ,` A '" of the month, Tenant agrees to pay a late charge of $300.00 in addition to the rental payment, plus $50 00 per day until paid in full Should Tenant's rental payment become one (1) month in grrears, unless other specific arrangements are made Tenant shall be subject to eviction and upon written notice by Land- lord, shall vacate premises by date specified in such notice Partial payment of rent will not be acceppted. The entire month's rent is due in its, entirety on at day of month Tenant's right to possession is expressly contingent on the prompt payment of rant, and the use of the premises by Tenant is obtained only on the condition that rent is paid on time Tenant agrees to pay a $2$.00 charge for each returned check The pro -rated rental from the date of move -in to the last day of the month is $96 63 per day. 6 DAMAGE AND SECURITY DEPOSIT= To insure that Tenant will comply with all of the terms and conditions of this agreement, Tenant has deposited with landlord on the execution of this agreement the sum of $300 00, receipt Of which is hereby acknowledged by Landlord, to be retained by Landlord during the term of this agreement The security deposit shall be refunded to Tenant within thirty (30) days following the termination of this contract, provided Tenant has complied with all of its obligations hereunder, leaa all costs and expenses incurred by Landlord in restoring the premises to the ease condition as when rented (normal wear and tear excluded) plus any unpaid charges, damages, or rentals due to Landlord. Landlord shall furnish a written description and itemised list of all deductions, provided Tenant furnishes Landlord a written copy of Tenant's forwarding address, but neither list nor refund shall be made unless Tenant has provided the written 30 days advance notice and such forwarding address. Should the total deductions herein authorized exceed the amount of the security deposit, Tenant agrees to pay to Landlord the amount of such excess. 7. CARE OF PRENISESt Tenant agrees to take good care of the premises and its fixtures and any furnishings, and to Buffer no waste and to make no alterations, additions or improvements without the prior written consent of Landlord. lockChanges or a d tAcnal additional shalltelephone ou tlets, except by Landlord's psimission. a OWNER WILL NOT BE LIABLE for any damages or losses to person or property caused by tenants or other persons owner shall not be liable for personal injury or damage or loss of tenant's personal property from theft, vandalism, lira, water, rain, hail, smoke, explosions, acts of Ood, or other causes, unless the same is due to the negligence of owner. Owner etronaly recemsanda that tons"*-- aeaura insurance o ere a i e Te aeain a11 nt the above n=urrances• 9. REPAIRS BY ONNERt In case of needed repairs to the outside walls, roof, windows or foundation, tenant shalIAND*Widd 4NID notify Landlord or its representative immediately and Landlord shall act with due diligence in making repairs; Alf, C6017-16di t : and rant shall not abets during such periods if the damaSged promises are unlit for occupancy in Landlord's Opinterminate this contract b repairs are not feasible, Landlord may y giving written notice to tenant. If it is so terminated, rent will be prorated and the balance refunded along with the deposit, less lawful deductions. 10. REPAIRS BY TENANTS Tenant shall maintain and keep in good repair the entire premises, save and except the windows, outside walla, roof and foundation, which Landlord shall maintain. Tenant will maintain and repair and/or replace all Page 2 tp other fixtures and structural items including but not limited toe �wyia•a�v' --�'-�'--^'^^ �`•" light fixtures and /2/' raceptacles, doors, inside walla, asrpets, vinyl, bathroowN// fixtures and so on without "Caption if located within the leasod premises 11 SURRENDER of THE PREMISES: upon termination of this contract, Tenant covenants and agrees that it will promptly and peace- fully surrender possession of the demised premises, and will voluntarily surrender and deliver to Landlord all of the personal property belonging to Landlord. It is agreed that owner shall have the option to show the premises, by appoint- mento during the final 15 days of Tenant's occupancy. 12 TENANT AGREES TO REIMBURSE OWNER PROMPTLY for any lose, pro- perty damage, or cost of repairs or service (including plumping trouble) caused by negligence or improper use by tenant Tenant shall be responsible for damage from windows or doors left open. Such reimbursement is due when owner's representative makes demand. owner's failure or delay an demanding damage reimbursements, late -payment charges, returned check charges, or other mums due by Resident shall not be deemed a waiver; and owner may des" same at any time, including move -out. 13. RIGRT OF ENTRY: Landlord shall hove the right to enter upon the Tenant's premises at all reasonable hours for the purpose of inspecting said promisee, and making neceasary repairs. 14 EXHIBIT "A": Attached is Exhibit "A" which represents specific parking spaces that ere a part of this lease and are the Q1(j,Y parking spaces available for Use by Tenant. 15 ENTIRE AGREBMM: This instrument in writing, termed It Rental Contract, contains the entire agreement made by and between the parties hereto. No oral agreements have been entered into in connection with the execution of this instrument, and none of the terms, provisions or conditions exceptby herein shall wwrritinng,siggnned by all of the way hereto: an instrument in Additional terms and conditions to this contract: SIGNED this 7 d of , 199 . 0 (LANDLO D OWNS (LANDLORD) TENANT 10 Page 3 * DENOTES PARKING SPACES THAT ARE REFERRED TO IN PARAORAPH 10 OF THE RENTAL CONTRACT. E E0 i p i'C "A"