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1998-388AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL OF APPROXIMATELY 3,000 SQ FT OF OFFICE SPACE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2296 - RENTAL OF APPROXIMATELY 3,000 SQ FT OF OFFICE SPACE AWARDED TO DENTON AREA TEACHERS CREDIT UNION IN THE AMOUNT OF $3,000 00 PER MONTH OR $36,000 00 PER YEAR WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or serwces in accordance with the procedures of STATE law and City orthnances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or servaces as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided m the City Budget for the appropnatton of lands to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for matenals, equipment, supplies, or services, shown m the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2296 1 DENTON AREA TEACHERS CREDIT UNION $36,000 00 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, eqmpment, supplies or services in accordance with the terms, specifications, standards, quantmes and for the specified sums contmned in the B~d Invitations, Bid Proposals, and related documents S]~CTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the C~ty Manager or his designated representative is hereby authorized to execute the written contract winch shall be attached hereto, provided that the written contract is in accordance with the terms, con&tlons, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted ~ That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Counc~l hereby authorizes the expenditure of funds therefor ~n the amount and ~n aceordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That ttus ordinance shall become effectave ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s day of ,1998 ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RENTAL CONTRACT 1. BETWEEN TENANT: THE CITY OF DENTON (FIRE DEPARTMENT), herein after referred to as tenant. Telephone No ~-~/~- ~//~ and OWNER (LANDLORD): Denton Area Teachers Credit Union P.O. Box 827 Denton, TX 76202 Ph. 940/387-8585 (a) Persons to occupy premises: Fire Chief and office staff. 2. PROPERTY DESCRIPTION: BEING all that certain tract or parcel of land lying and being situated in the William Loving Survey, Abstract 759, Denton County, Texas, and being the same land conveyed by Mary Allce Stone to W.J. Bushey, et ux, by Deed dated February 27, 1953, recorded in Volume 385, Page 406, Deed Records of said County, and the same land conveyed to Denton County Teachers Federal Credit Union by Bruce Davls, et 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 00o 03 "53' West, with the West line of said Stone to Bushey Tract, a distance of 149 58 feet to a found iron pin at the Northwest corner of said tract; THENCE North 890 36" 40' East, passing at 30.0 feet the West line of Block Twenty-five (25) of the original townslte 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 Tract; THENCE South 00o 28" 21' West, with the East line of said Credit Union Tract, a distance of 150 24 feet 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 feet 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 CONTRACT: The initial term of this agreement shall commence 12/01/98 and end 11/30/99 , consti- tuting a twelve month period. The contract will be renewed automatically thereafter on a month to month basis. 4. NOTICE: At least 30 days written notice of intent to vacate must be given to owners prior to move-out at the end 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 orlextension of the rental contract, rent shall be paid through the last day of the month following the expiration of the 30 day notice period, unless owner agrees otherwise in wrlting. 5. RENT: Tenant will pay $3,000.00 per calendar month for rental and shall be paid by mall 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 1st day of each month shall be deemed late~ and if rent Ks not paid by the third (3rd) day Page 1 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 an full. Should Tenant's rental payment become one (1) month in arrears, 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 accepted. The entire month's rent Ks due in Its' entirety on 1st day of month. Tenant's right to possession Ks expressly contingent on the prompt payment of rent, and the use of the premises by Tenant is obtained only on the condition that rent Ks paid on tame. Tenant agrees to pay a $25.00 charge for each returned check. The pro-rated rental from the date of move-an to the last day of the month Ks $98.63 per day 6. DAMAGE AND SECURITY DEPOSIT: To Insure that Tenant wall 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 $500.00, receipt of which Ks hereby acknowledged by Landlord, to be regained 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, less all costs and expenses incurred byLandlord in restoring the premises to the same 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 itemized list of all deductions, provided Tenant furnishes Landlord a written copy of Tenant's forwarding address, but neither last 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 PREMISES: Tenant agrees to take good care of the premises and its fixtures and any furnishings, and to suffer no waste and to make no alterations, additions or improvements without the prior written consent of Landlord. No antennas, additional telephone outlets, lock changes or additional locks shall be permitted except by Landlord's permission. 8 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, fire, water, rain, hall, smoke, explosions, acts of God, or other causes, unless the same is due to the negligence of owner. Owner strongly recommends that tenant secure insurance to Drotect itself a~alnst all of the above occurrences, 9 REPAIRS BY OWNER: In case of needed repairs to the outside walls, roof, windows or foundation, tenant shall notify Landlord or its representative ~mmedlately and Landlord shall act with due diligence in making repairs, and rent shall not abate during such periods. If the premises suffers damage which causes the premises to be unusable by Tenant for the purpose it was leased, then during the repair period rent will be abated. If repairs cannot be made within 30 days Landlord or Tenant may terminate this contract by written notice to other party. If it KS SO terminated, rent wall be prorated and the balance refunded along with the deposit, less lawful deductions 10. REPAIRS BY TENANT. Tenant shall maintain and keep in good repair the entire premises, save and except the windows, Page 2 outside walls, roof and foundation, which Landlord shall maintain. Tenant will maintain and repair all other fixtures and structural items including but not limited to: Heating and air conditioning systems, light fixtures and receptacles, doors, lnslde walls, carpets, vinyl, bathroom fixtures and so on without exception if located within the leased premises. i1. 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- ment, during the flnal 15 days of Tenant's occupancy. 12 TENANT AGREES TO REIMBURSE OWNER PROMPTLY for any loss, pro- perty damage, or cost of repairs or service (including plumbing trouble) caused by negllgence 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 in demanding damage reimbursements, late-payment charges, returned check charges, or other sums due by Resident shall not be deemed a waiver; and owner may demand same at any time, including move-out 13. RIGHT OF ENTRY: Landlord shall have the right to enter upon the Tenant's premises at all reasonable hours for the purpose of inspecting said premises, and making necessary repairs. 14. EXHIBIT "A": Attached is Exhibit "A" which represents specific parking spaces that are a part of this lease and are the ONLY parking spaces available for use by Tenant. Landlord shall maintain and repair parking area in the same manner as it maintains the remainder of the parking lot 15. ENTIRE AGREEMENT: This instrument in writing, termed a 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 contained herein shall be changed or modified in any way except by an instrument in writing, signed by all of the parties hereto. Additional terms and conditions to this contract: OWNER (LANDLORD) TENANI Page 3 ~ ' /': ..,,..~'~ - ' '~z" '~, '-'- '~" .... '~.L.,n-- r,: :~.':'=//// .,", --~"~ C- - ' --u L- ~ * , * DENOTES PARKING SPACES THAT ARE ~ REFERRED TO IN PARAGRAPH 14 OF ~ ~ ' ' THE RENTAL CONTRACT. .=----=